Bill Text: IA SF44 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the use of revenues from automated traffic law enforcement programs and establishing an uninsured, hit-and-run, and underinsured motor vehicle coverage trust fund.
Spectrum: Moderate Partisan Bill (Republican 9-1)
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF44 Detail]
Download: Iowa-2013-SF44-Introduced.html
Senate
File
44
-
Introduced
SENATE
FILE
44
BY
ZAUN
,
JOHNSON
,
SEGEBART
,
SINCLAIR
,
BOETTGER
,
KAPUCIAN
,
ZUMBACH
,
CHELGREN
,
WHITVER
,
and
FEENSTRA
A
BILL
FOR
An
Act
relating
to
the
use
of
revenues
from
automated
traffic
1
law
enforcement
programs
and
establishing
an
uninsured,
2
hit-and-run,
and
underinsured
motor
vehicle
coverage
trust
3
fund.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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44
Section
1.
Section
331.307,
Code
2013,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
14.
a.
Notwithstanding
any
other
provision
3
of
law,
civil
fines
collected
by
a
county
from
the
use
of
an
4
automated
traffic
law
enforcement
system
shall
be
allocated
as
5
follows:
6
(1)
The
amount
necessary
to
satisfy
contractual
obligations
7
of
the
county
relating
to
the
use
of
automated
traffic
law
8
enforcement
systems
shall
be
retained
by
the
county
for
that
9
purpose.
10
(2)
Moneys
in
excess
of
the
amount
necessary
for
the
purpose
11
specified
in
subparagraph
(1)
shall
be
forwarded
monthly
to
the
12
treasurer
of
state
for
deposit
in
the
uninsured,
hit-and-run,
13
and
underinsured
motor
vehicle
coverage
trust
fund
created
in
14
section
516A.6.
15
b.
For
purposes
of
this
subsection,
“automated
traffic
law
16
enforcement
system”
means
a
device
with
one
or
more
sensors
17
working
in
conjunction
with
a
traffic
control
signal
or
device
18
or
a
speed-measuring
device
to
produce
recorded
images
of
19
vehicles
being
operated
in
violation
of
traffic
or
speed
laws.
20
Sec.
2.
Section
364.3,
subsection
2,
Code
2013,
is
amended
21
to
read
as
follows:
22
2.
For
a
violation
of
an
ordinance
,
a
city
shall
not
23
provide
a
penalty
in
excess
of
the
maximum
fine
and
term
of
24
imprisonment
for
a
simple
misdemeanor
under
section
903.1,
25
subsection
1
,
paragraph
“a”
.
An
Except
as
otherwise
provided
26
in
this
section,
an
amount
equal
to
ten
percent
of
all
27
fines
collected
by
cities
shall
be
deposited
in
the
account
28
established
in
section
602.8108
.
However,
one
29
a.
One
hundred
percent
of
all
fines
collected
by
a
city
30
pursuant
to
section
321.236,
subsection
1
,
shall
be
retained
31
by
the
city.
32
b.
Civil
fines
collected
by
a
city
from
the
use
of
an
33
automated
traffic
law
enforcement
system
shall
be
allocated
as
34
follows:
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(1)
The
amount
necessary
to
satisfy
contractual
obligations
1
of
the
city
relating
to
the
use
of
automated
traffic
law
2
enforcement
systems
shall
be
retained
by
the
city
for
that
3
purpose.
4
(2)
Moneys
in
excess
of
the
amount
necessary
for
the
purpose
5
specified
in
subparagraph
(1)
shall
be
forwarded
monthly
to
the
6
treasurer
of
state
for
deposit
in
the
uninsured,
hit-and-run,
7
and
underinsured
motor
vehicle
coverage
trust
fund
created
in
8
section
516A.6.
9
(3)
For
purposes
of
this
subsection,
“automated
traffic
law
10
enforcement
system”
means
a
device
with
one
or
more
sensors
11
working
in
conjunction
with
a
traffic
control
signal
or
device
12
or
a
speed-measuring
device
to
produce
recorded
images
of
13
vehicles
being
operated
in
violation
of
traffic
or
speed
laws.
14
c.
The
criminal
penalty
surcharge
required
by
section
911.1
15
shall
be
added
to
a
city
fine
and
is
not
a
part
of
the
city’s
16
penalty.
17
Sec.
3.
NEW
SECTION
.
516A.6
Uninsured,
hit-and-run,
and
18
underinsured
motor
vehicle
coverage
trust
fund.
19
1.
An
uninsured,
hit-and-run,
and
underinsured
motor
20
vehicle
coverage
trust
fund
is
created
in
the
state
treasury
21
under
the
control
of
the
commissioner
of
insurance.
The
22
fund
shall
consist
of
any
moneys
appropriated
by
the
general
23
assembly
and
any
revenues
credited
to
the
fund
pursuant
to
24
section
331.307,
subsection
14,
and
section
364.3,
subsection
25
2.
Moneys
in
the
fund
are
not
subject
to
section
8.33.
26
Notwithstanding
section
12C.7,
subsection
2,
interest
or
27
earnings
on
moneys
deposited
in
the
fund
shall
be
credited
to
28
the
fund.
29
2.
Moneys
in
the
uninsured,
hit-and-run,
and
underinsured
30
motor
vehicle
coverage
trust
fund
shall
be
used
to
reimburse
31
insurers
for
the
payment
of
claims
under
uninsured
or
32
hit-and-run
motor
vehicle
coverage
and
underinsured
motor
33
vehicle
coverage
issued
pursuant
to
section
516A.1.
34
3.
The
commissioner
of
insurance
shall
administer
a
35
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44
program
for
the
reimbursement
of
insurers
for
claims
paid
1
under
uninsured
or
hit-and-run
motor
vehicle
coverage
and
2
underinsured
motor
vehicle
coverage
issued
pursuant
to
section
3
516A.1.
The
commissioner
of
insurance
shall
adopt
rules
4
establishing
a
process
by
which
insurers
may
qualify
for
and
5
apply
for
reimbursement
from
the
fund.
The
commissioner
6
may
establish
a
limit
on
the
amount
that
may
be
awarded
for
7
reimbursement
for
any
claim
in
order
to
make
the
distribution
8
of
reimbursement
payments
as
equitable
as
possible
among
9
eligible
insurers.
10
EXPLANATION
11
This
bill
creates
an
uninsured,
hit-and-run,
and
12
underinsured
motor
vehicle
coverage
trust
fund
under
the
13
control
of
the
commissioner
of
insurance.
Moneys
in
the
14
fund
are
to
be
used
to
reimburse
insurers
for
claims
paid
15
under
uninsured
or
hit-and-run
motor
vehicle
coverage
and
16
underinsured
motor
vehicle
coverage
provided
with
motor
vehicle
17
liability
insurance
policies.
The
bill
directs
the
insurance
18
commissioner
to
adopt
administrative
rules
establishing
19
a
process
by
which
insurers
may
qualify
and
apply
for
20
reimbursement
from
the
fund.
In
order
to
make
the
distribution
21
of
payments
as
equitable
as
possible
among
insurers,
the
22
commissioner
is
authorized
to
establish
a
limit
on
the
amount
23
of
reimbursement
allowed
for
any
claim.
24
Under
the
bill,
the
source
of
revenue
for
the
uninsured,
25
hit-and-run,
and
underinsured
motor
vehicle
coverage
trust
fund
26
is
the
revenue
derived
by
cities
and
counties
from
automated
27
traffic
law
enforcement
programs.
The
bill
directs
that,
from
28
the
civil
fines
collected
by
a
city
or
county
from
the
use
of
29
automated
traffic
law
enforcement
systems,
the
amount
necessary
30
to
satisfy
the
contractual
obligations
relating
to
the
use
of
31
the
systems
shall
be
retained
by
the
city
or
county.
Moneys
32
in
excess
of
that
amount
are
to
be
forwarded
monthly
to
the
33
treasurer
of
state
for
deposit
in
the
uninsured,
hit-and-run,
34
and
underinsured
motor
vehicle
coverage
trust
fund.
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