Bill Text: IA HF2376 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to civil penalties imposed by cities under an automated traffic law enforcement program and providing for the adoption of a uniform process for appeals.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-02-24 - Introduced, referred to Transportation. H.J. 332. [HF2376 Detail]
Download: Iowa-2011-HF2376-Introduced.html
House
File
2376
-
Introduced
HOUSE
FILE
2376
BY
HALL
and
MURPHY
A
BILL
FOR
An
Act
relating
to
civil
penalties
imposed
by
cities
under
an
1
automated
traffic
law
enforcement
program
and
providing
for
2
the
adoption
of
a
uniform
process
for
appeals.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2376
Section
1.
Section
364.22,
Code
2011,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
16.
a.
A
civil
penalty
imposed
for
a
3
motor
vehicle
violation
under
a
city’s
automated
traffic
law
4
enforcement
program
shall
not
exceed
the
following
amounts:
5
(1)
For
failure
to
obey
an
official
traffic
control
signal,
6
an
amount
which
is
twenty-five
dollars
less
than
the
amount
7
of
the
fine
established
in
section
805.8A
for
an
equivalent
8
violation
charged
as
a
scheduled
violation.
9
(2)
For
a
speeding
violation,
the
amount
of
the
fine
10
established
in
section
805.8A
for
an
equivalent
speeding
11
violation
charged
as
a
scheduled
violation.
12
b.
A
city
shall
not
charge
the
owner
of
a
motor
vehicle
13
administrative
fees
in
addition
to
any
civil
penalty
imposed
14
for
a
violation
charged
under
the
city’s
automated
traffic
law
15
enforcement
program.
16
c.
(1)
Notwithstanding
section
364.22B
or
any
other
17
provision
to
the
contrary,
a
city
shall
not
contract
with
a
18
private
collection
designee
for
collection
of
a
delinquent
19
fine
imposed
for
a
motor
vehicle
violation
under
a
city’s
20
automated
traffic
law
enforcement
program
sooner
than
six
21
months
after
the
initial
mailing
of
the
notice
of
the
fine
22
to
the
owner
of
the
motor
vehicle
involved
in
the
violation.
23
Not
less
than
thirty
days
prior
to
contracting
with
a
private
24
collection
designee,
the
city
shall
send
the
person
responsible
25
for
the
fine
at
least
one
notice
reminding
the
person
of
the
26
delinquent
debt
and
of
the
city’s
intended
action
with
regard
27
to
collection
of
the
debt.
28
(2)
A
city
shall
not
contract
with
a
private
collection
29
designee
for
collection
of
a
delinquent
fine
imposed
for
a
30
motor
vehicle
violation
under
a
city’s
automated
traffic
law
31
enforcement
program
at
any
time
while
the
owner
of
the
motor
32
vehicle
is
pursuing
an
appeal
of
the
fine
in
accordance
with
33
the
appeals
process
established
by
the
city
by
ordinance.
34
d.
For
purposes
of
this
subsection:
35
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2376
(1)
“Automated
traffic
law
enforcement
program”
means
the
1
utilization
of
one
or
more
automated
traffic
law
enforcement
2
systems
to
issue
citations
for
civil
violations
of
traffic
3
laws.
4
(2)
“Automated
traffic
law
enforcement
system”
means
a
5
device
with
one
or
more
sensors
working
in
conjunction
with
an
6
official
traffic
control
signal
or
a
speed
measuring
device
to
7
produce
recorded
images
of
vehicles
being
operated
in
violation
8
of
traffic
or
speed
laws.
9
Sec.
2.
UNIFORM
APPEALS
PROCESS
FOR
AUTOMATED
TRAFFIC
LAW
10
ENFORCEMENT
PROGRAMS.
The
department
of
transportation
shall
11
coordinate
a
committee
composed
of
representatives
selected
by
12
each
city
in
Iowa
with
an
automated
traffic
law
enforcement
13
program
and
representatives
of
any
other
Iowa
cities
desiring
14
to
participate.
The
purpose
of
the
committee
shall
be
to
15
design
a
structured
and
uniform
process
for
appealing
civil
16
penalties
imposed
under
automated
traffic
law
enforcement
17
programs
in
cities
throughout
the
state.
The
department
shall
18
make
a
written
report
to
the
general
assembly
on
or
before
19
December
31,
2013,
describing
the
process
agreed
to
by
the
20
committee.
21
EXPLANATION
22
This
bill
establishes
requirements
for
the
imposition
of
23
civil
penalties
by
cities
under
an
automated
traffic
law
24
enforcement
program.
25
The
bill
provides
that
the
amount
of
a
civil
fine
for
26
failure
to
obey
an
official
traffic
control
signal
detected
27
by
an
automated
traffic
law
enforcement
system
may
not
exceed
28
an
amount
which
is
$25
less
than
the
amount
of
the
scheduled
29
fine
established
under
Iowa
law
for
an
equivalent
violation.
30
Currently,
the
scheduled
fine
for
violation
of
a
traffic
signal
31
is
$100.
The
bill
provides
that
the
amount
of
a
civil
fine
32
for
a
speeding
violation
detected
by
an
automated
traffic
law
33
enforcement
system
may
not
exceed
the
amount
of
the
scheduled
34
fine
established
under
Iowa
law
for
an
equivalent
violation.
35
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2376
Currently,
scheduled
fines
established
for
speeding
violations
1
range
from
$20
for
speed
not
more
than
five
miles
per
hour
over
2
the
speed
limit
to
$100
plus
$5
for
speed
over
20
miles
per
hour
3
over
the
speed
limit.
Higher
fines
apply
in
road
work
zones.
4
The
bill
prohibits
a
city
from
charging
administrative
5
fees
in
addition
to
a
civil
penalty
imposed
under
the
city’s
6
automated
traffic
law
enforcement
program.
7
The
bill
imposes
restrictions
on
the
use
of
a
collection
8
agency
to
collect
delinquent
fines
for
violations
detected
by
9
an
automated
traffic
law
enforcement
system.
A
city
must
wait
10
six
months
after
mailing
the
initial
notice
of
the
fine
to
the
11
owner
of
the
motor
vehicle
before
contracting
with
a
private
12
collection
designee
for
collection
of
the
delinquent
fine.
In
13
addition,
the
city
must
send
at
least
one
reminder
notice
to
14
the
owner
of
the
motor
vehicle
not
less
than
30
days
prior
to
15
contracting
for
collection
of
the
delinquent
fine.
A
city
may
16
not
contract
for
collection
of
a
fine
at
any
time
while
the
17
owner
of
the
motor
vehicle
is
pursuing
an
appeal
of
the
fine
18
in
accordance
with
the
appeals
process
established
by
city
19
ordinance.
20
The
bill
requires
the
department
of
transportation
to
21
coordinate
a
committee
to
design
a
structured
and
uniform
22
process
for
appealing
civil
penalties
imposed
under
automated
23
traffic
law
enforcement
programs
in
cities
throughout
the
24
state.
Each
city
in
Iowa
with
an
automated
traffic
law
25
enforcement
program
shall
be
represented
on
the
committee
along
26
with
representatives
of
any
other
Iowa
cities
desiring
to
27
participate.
The
department
is
required
to
submit
a
written
28
report
to
the
general
assembly
by
December
31,
2013,
describing
29
the
process
agreed
to
by
the
committee.
30
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