Senate
File
89
-
Introduced
SENATE
FILE
89
BY
ZAUN
A
BILL
FOR
An
Act
relating
to
the
disposition
of
fines
collected
under
1
city
and
county
automated
traffic
law
enforcement
programs
2
and
providing
for
the
deposit
of
certain
revenues
into
the
3
road
use
tax
fund.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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1772XS
(1)
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ns/nh
S.F.
89
Section
1.
Section
331.307,
Code
2015,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
14.
a.
Civil
fines
collected
by
a
county
3
from
the
use
of
an
automated
traffic
law
enforcement
system
4
shall
be
allocated
as
follows:
5
(1)
The
amount
necessary
to
satisfy
contractual
obligations
6
of
the
county
relating
to
the
use
of
automated
traffic
law
7
enforcement
systems
shall
be
retained
by
the
county
for
that
8
purpose.
9
(2)
Moneys
in
excess
of
the
amount
necessary
for
the
purpose
10
specified
in
subparagraph
(1)
shall
be
forwarded
monthly
to
the
11
treasurer
of
state
for
deposit
in
the
road
use
tax
fund.
12
b.
For
purposes
of
this
subsection,
“automated
traffic
law
13
enforcement
system”
means
a
device
with
one
or
more
sensors
14
working
in
conjunction
with
a
traffic
control
signal
or
device
15
or
a
speed-measuring
device
to
produce
recorded
images
of
16
vehicles
being
operated
in
violation
of
traffic
or
speed
laws.
17
Sec.
2.
Section
364.3,
subsection
2,
Code
2015,
is
amended
18
to
read
as
follows:
19
2.
For
a
violation
of
an
ordinance
,
a
city
shall
not
20
provide
a
penalty
in
excess
of
the
maximum
fine
and
term
of
21
imprisonment
for
a
simple
misdemeanor
under
section
903.1,
22
subsection
1
,
paragraph
“a”
.
An
Except
as
otherwise
provided
23
in
this
section,
an
amount
equal
to
ten
percent
of
all
24
fines
collected
by
cities
shall
be
deposited
in
the
account
25
established
in
section
602.8108
.
However,
one
26
a.
One
hundred
percent
of
all
fines
collected
by
a
city
27
pursuant
to
section
321.236,
subsection
1
,
shall
be
retained
28
by
the
city.
29
b.
Civil
fines
collected
by
a
city
from
the
use
of
an
30
automated
traffic
law
enforcement
system
shall
be
allocated
as
31
follows:
32
(1)
The
amount
necessary
to
satisfy
contractual
obligations
33
of
the
city
relating
to
the
use
of
automated
traffic
law
34
enforcement
systems
shall
be
retained
by
the
city
for
that
35
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S.F.
89
purpose.
1
(2)
Moneys
in
excess
of
the
amount
necessary
for
the
purpose
2
specified
in
subparagraph
(1)
shall
be
forwarded
monthly
to
the
3
treasurer
of
state
for
deposit
in
the
road
use
tax
fund.
4
(3)
For
purposes
of
this
subsection,
“automated
traffic
law
5
enforcement
system”
means
a
device
with
one
or
more
sensors
6
working
in
conjunction
with
a
traffic
control
signal
or
device
7
or
a
speed-measuring
device
to
produce
recorded
images
of
8
vehicles
being
operated
in
violation
of
traffic
or
speed
laws.
9
c.
The
criminal
penalty
surcharge
required
by
section
911.1
10
shall
be
added
to
a
city
fine
and
is
not
a
part
of
the
city’s
11
penalty.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
directs
that,
from
the
civil
fines
collected
16
by
a
city
or
county
from
the
use
of
automated
traffic
law
17
enforcement
systems,
the
amount
necessary
to
satisfy
the
18
contractual
obligations
relating
to
the
use
of
the
systems
19
shall
be
retained
by
the
city
or
county.
Moneys
in
excess
of
20
that
amount
are
to
be
forwarded
monthly
to
the
treasurer
of
21
state
for
deposit
in
the
road
use
tax
fund.
22
The
bill
defines
“automated
traffic
law
enforcement
system”
23
as
a
device
working
in
conjunction
with
a
traffic
control
24
signal
or
device
or
a
speed-measuring
device
to
produce
25
recorded
images
of
vehicles
being
operated
in
violation
of
26
traffic
or
speed
laws.
27
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