House
File
3
-
Introduced
HOUSE
FILE
3
BY
STONE
A
BILL
FOR
An
Act
relating
to
the
collection
of
fines
issued
for
excessive
1
speed
violations
detected
by
an
automated
or
remote
system
2
for
traffic
law
enforcement,
and
including
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1079YH
(4)
91
th/ns
H.F.
3
Section
1.
NEW
SECTION
.
321P.7A
Restrictions
on
collection
1
of
fines.
2
1.
A
local
authority
shall
not
enter
into
or
renew
a
3
contract
with
a
third
party
to
collect
a
fine
issued
for
a
4
violation
detected
by
a
system.
5
2.
An
unpaid
fine
issued
for
a
violation
detected
by
a
6
system
shall
not
be
considered
qualifying
debt
under
section
7
421.65
and
is
not
subject
to
the
setoff
procedures
provided
for
8
in
section
421.65.
9
Sec.
2.
APPLICABILITY.
10
1.
Section
321P.7A,
subsection
1,
as
enacted
by
this
Act,
11
applies
to
contracts
entered
into
or
renewed
on
or
after
the
12
effective
date
of
this
Act.
13
2.
Section
321P.7A,
subsection
2,
as
enacted
by
this
Act,
14
applies
to
fines
that
are
unpaid
on
or
after
the
effective
date
15
of
this
Act,
regardless
of
the
date
of
issuance.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
Under
current
law,
a
local
authority
that
was
issued
a
20
permit
to
use
an
automated
or
remote
system
for
traffic
law
21
enforcement
(system)
in
accordance
with
Code
chapter
321P
22
(automated
traffic
enforcement)
is
authorized
to
issue
a
23
citation
to
the
owner
of
a
vehicle
if
the
vehicle
exceeds
24
the
speed
limit
by
more
than
10
miles
per
hour
(MPH)
and
the
25
violation
is
detected
by
the
system.
The
maximum
fine
for
26
violations
varies
from
$70
(11
to
20
MPH
over
the
limit)
to
27
$1,000
(greater
than
30
MPH
over
the
limit
in
a
road
work
28
zone).
A
violation
detected
by
a
system
is
a
civil
infraction
29
and
cannot
be
considered
by
the
department
of
transportation
30
for
purposes
of
driver’s
license
sanctions
or
by
an
insurer
for
31
purposes
of
a
person’s
automobile
insurance
rates.
The
fine
32
must
be
a
civil
penalty.
33
This
bill
prohibits
a
local
authority
from
contracting
with
34
a
third
party
to
collect
a
fine
issued
for
a
violation
detected
35
-1-
LSB
1079YH
(4)
91
th/ns
1/
2
H.F.
3
by
a
system.
This
provision
applies
to
contracts
entered
into
1
or
renewed
on
or
after
the
effective
date
of
the
bill.
2
In
addition,
the
bill
excludes
such
fines
from
the
setoff
3
procedures
provided
for
in
Code
section
421.65.
Under
current
4
law,
the
setoff
procedures
authorize
the
department
of
revenue
5
to
establish
and
maintain
a
procedure
to
set
off
against
each
6
public
payment,
including
a
tax
refund,
any
qualifying
debt
a
7
person
owes
to
a
public
agency,
including
a
local
authority.
8
This
provision
applies
to
fines
that
are
unpaid
on
or
after
the
9
effective
date
of
the
bill,
regardless
of
the
date
of
issuance.
10
-2-
LSB
1079YH
(4)
91
th/ns
2/
2