Bill Text: IA HF105 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act requiring that revenue from a city's use of automated traffic enforcement systems be allocated for property tax relief. (See Cmte. Bill HF 612)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF105 Detail]
Download: Iowa-2011-HF105-Introduced.html
House
File
105
-
Introduced
HOUSE
FILE
105
BY
WAGNER
A
BILL
FOR
An
Act
requiring
that
revenue
from
a
city’s
use
of
automated
1
traffic
enforcement
systems
be
allocated
for
property
tax
2
relief.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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105
Section
1.
Section
364.3,
subsection
2,
Code
2011,
is
1
amended
to
read
as
follows:
2
2.
For
a
violation
of
an
ordinance
,
a
city
shall
not
3
provide
a
penalty
in
excess
of
the
maximum
fine
and
term
of
4
imprisonment
for
a
simple
misdemeanor
under
section
903.1,
5
subsection
1
,
paragraph
“a”
.
An
Except
as
otherwise
provided
6
in
this
subsection,
an
amount
equal
to
ten
percent
of
all
7
fines
collected
by
cities
shall
be
deposited
in
the
account
8
established
in
section
602.8108
.
However,
one
9
(a)
One
hundred
percent
of
all
fines
collected
by
a
city
10
pursuant
to
section
321.236,
subsection
1
,
shall
be
retained
11
by
the
city.
12
(b)
One
hundred
percent
of
the
fines
collected
from
the
use
13
of
an
automated
traffic
enforcement
system
shall
be
deposited
14
in
the
city’s
automated
traffic
enforcement
program
account
15
established
pursuant
to
section
384.3B.
16
(c)
The
criminal
penalty
surcharge
required
by
section
17
911.1
shall
be
added
to
a
city
fine
and
is
not
a
part
of
the
18
city’s
penalty.
19
Sec.
2.
NEW
SECTION
.
384.3B
Automated
traffic
enforcement
20
program
account.
21
1.
For
purposes
of
this
section,
the
following
definitions
22
apply:
23
a.
“Automated
traffic
enforcement
program”
means
the
24
utilization
of
one
or
more
automated
traffic
enforcement
25
systems
to
issue
civil
citations
for
violations
of
traffic
26
ordinances
which
constitute
municipal
infractions.
27
b.
“Automated
traffic
enforcement
system”
means
a
device
28
with
one
or
more
sensors
working
in
conjunction
with
one
of
the
29
following:
30
(a)
An
official
traffic-control
signal,
as
defined
in
31
section
321.1,
to
produce
recorded
images
of
motor
vehicles
32
entering
an
intersection
against
a
steady
circular
red
light.
33
(b)
A
speed
measuring
device
to
produce
recorded
images
of
34
motor
vehicles
traveling
at
a
prohibited
rate
of
speed.
35
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(c)
A
device
to
produce
recorded
images
of
motor
vehicles
1
violating
a
railroad
grade
crossing
signal
light,
as
described
2
in
section
321.342.
3
(d)
Any
official
traffic-control
device,
as
defined
4
in
section
321.1,
if
failure
to
comply
with
the
official
5
traffic-control
device
constitutes
a
moving
violation
under
6
chapter
321.
7
2.
A
city
that
uses
an
automated
traffic
enforcement
system
8
shall
establish
an
automated
traffic
enforcement
program
9
account
within
the
city’s
general
fund.
Interest
earned
on
10
revenues
deposited
in
the
account
pursuant
to
section
364.3,
11
subsection
2,
shall
remain
in
the
account
and
be
used
for
the
12
purposes
specified
in
this
section.
Moneys
in
the
account
are
13
not
subject
to
transfer
to
any
other
accounts
in
the
city’s
14
general
fund
or
to
any
other
funds
established
by
a
city
unless
15
such
transfer
is
for
a
purpose
specified
in
this
section.
16
3.
Moneys
in
the
account
shall
be
used
to
pay
the
costs
of
17
operating
the
city’s
automated
traffic
enforcement
program.
18
4.
Moneys
in
the
account
in
excess
of
the
amount
necessary
19
for
the
purpose
specified
in
subsection
3
shall
be
used
for
20
property
tax
relief
as
provided
in
section
384.16,
subsection
21
1A.
22
Sec.
3.
Section
384.16,
subsection
1,
paragraph
a,
23
subparagraphs
(2)
and
(3),
Code
2011,
are
amended
to
read
as
24
follows:
25
(2)
Income
from
sources
other
than
property
taxation
,
but
26
not
including
revenues
deposited
in
the
automated
traffic
27
enforcement
program
account
established
pursuant
to
section
28
384.3B
.
29
(3)
Amount
to
be
raised
by
property
taxation
reduced
by
30
the
amount
specified
under
subsection
1A
,
and
the
property
tax
31
rate
expressed
in
dollars
per
one
thousand
dollars
assessed
32
valuation.
33
Sec.
4.
Section
384.16,
Code
2011,
is
amended
by
adding
the
34
following
new
subsection:
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105
NEW
SUBSECTION
.
1A.
If
the
city
has
established
an
1
automated
traffic
enforcement
program
account
pursuant
to
2
section
384.3B,
the
amount
available
in
that
account
for
3
property
tax
relief
as
of
December
1
of
each
year
shall
4
be
applied
to
reduce
the
tax
levy
to
be
certified
for
the
5
following
fiscal
year.
6
EXPLANATION
7
This
bill
requires
that
revenue
generated
from
the
use
8
of
automated
traffic
enforcement
systems
be
used
to
provide
9
property
tax
relief
within
a
city.
10
The
bill
defines
“automated
traffic
enforcement
system”
11
as
a
device
with
one
or
more
sensors
working
in
conjunction
12
with
an
official
traffic-control
signal,
a
speed
measuring
13
device,
a
device
that
records
images
of
motor
vehicles
14
violating
a
railroad
grade
crossing
signal
light,
or
any
15
official
traffic-control
device
if
failure
to
comply
with
the
16
traffic-control
device
would
constitute
a
moving
violation
17
if
cited
under
state
law.
The
definition
includes
within
18
its
scope
devices
known
as
“red
light
cameras”
and
“speed
19
cameras”.
“Automated
traffic
enforcement
program”
is
defined
20
as
the
utilization
of
one
or
more
automated
traffic
enforcement
21
systems
to
issue
civil
citations
for
traffic
violations
which
22
constitute
municipal
infractions.
23
Under
the
bill,
a
city
that
has
an
automated
traffic
24
enforcement
program
must
establish
a
separate
account
in
the
25
city’s
general
fund
for
the
deposit
of
fines
collected
from
26
the
use
of
automated
traffic
enforcement
systems.
Moneys
in
27
the
account,
including
interest,
shall
be
used
first
to
pay
28
the
costs
of
the
city’s
automated
traffic
enforcement
program.
29
Any
remaining
moneys
in
the
account
are
to
be
used
annually
30
to
reduce
the
city’s
property
tax
levy
to
be
certified
in
the
31
following
year.
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