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 TLSB 1772XS (1) 86 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 -1- LSB 1772XS (1) 86 ns/nh 1/ 2
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 -2- LSB 1772XS (1) 86 ns/nh 2/ 2