Bill Text: IA SF100 | 2015-2016 | 86th General Assembly | Introduced

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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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-01-29 - Subcommittee, Dvorsky, Kraayenbrink, and Quirmbach. S.J. 186. [SF100 Detail]

Download: Iowa-2015-SF100-Introduced.html

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Senate File 100 - Introduced




                                 SENATE FILE       
                                 BY  ZAUN

                                      A BILL FOR

  1 An Act relating to the use of revenues from automated traffic
  2    law enforcement programs and establishing an uninsured,
  3    hit=and=run, and underinsured motor vehicle coverage trust
  4    fund.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 331.307, Code 2015, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  14.  a.  Notwithstanding any other provision
  1  4 of law, civil fines collected by a county from the use of an
  1  5 automated traffic law enforcement system shall be allocated as
  1  6 follows:
  1  7    (1)  The amount necessary to satisfy contractual obligations
  1  8 of the county relating to the use of automated traffic law
  1  9 enforcement systems shall be retained by the county for that
  1 10 purpose.
  1 11    (2)  Moneys in excess of the amount necessary for the purpose
  1 12 specified in subparagraph (1) shall be forwarded monthly to the
  1 13 treasurer of state for deposit in the uninsured, hit=and=run,
  1 14 and underinsured motor vehicle coverage trust fund created in
  1 15 section 516A.6.
  1 16    b.  For purposes of this subsection, "automated traffic law
  1 17 enforcement system" means a device with one or more sensors
  1 18 working in conjunction with a traffic control signal or device
  1 19 or a speed=measuring device to produce recorded images of
  1 20 vehicles being operated in violation of traffic or speed laws.
  1 21    Sec. 2.  Section 364.3, subsection 2, Code 2015, is amended
  1 22 to read as follows:
  1 23    2.  For a violation of an ordinance, a city shall not
  1 24 provide a penalty in excess of the maximum fine and term of
  1 25 imprisonment for a simple misdemeanor under section 903.1,
  1 26 subsection 1, paragraph "a". An Except as otherwise provided
  1 27 in this section, an amount equal to ten percent of all
  1 28 fines collected by cities shall be deposited in the account
  1 29 established in section 602.8108. However, one
  1 30    a.  One hundred percent of all fines collected by a city
  1 31 pursuant to section 321.236, subsection 1, shall be retained
  1 32 by the city.
  1 33    b.  Civil fines collected by a city from the use of an
  1 34 automated traffic law enforcement system shall be allocated as
  1 35 follows:
  2  1    (1)  The amount necessary to satisfy contractual obligations
  2  2 of the city relating to the use of automated traffic law
  2  3 enforcement systems shall be retained by the city for that
  2  4 purpose.
  2  5    (2)  Moneys in excess of the amount necessary for the purpose
  2  6 specified in subparagraph (1) shall be forwarded monthly to the
  2  7 treasurer of state for deposit in the uninsured, hit=and=run,
  2  8 and underinsured motor vehicle coverage trust fund created in
  2  9 section 516A.6.
  2 10    (3)  For purposes of this subsection, "automated traffic law
  2 11 enforcement system" means a device with one or more sensors
  2 12 working in conjunction with a traffic control signal or device
  2 13 or a speed=measuring device to produce recorded images of
  2 14 vehicles being operated in violation of traffic or speed laws.
  2 15    c.  The criminal penalty surcharge required by section 911.1
  2 16 shall be added to a city fine and is not a part of the city's
  2 17 penalty.
  2 18    Sec. 3.  NEW SECTION.  516A.6  Uninsured, hit=and=run, and
  2 19 underinsured motor vehicle coverage trust fund.
  2 20    1.  An uninsured, hit=and=run, and underinsured motor
  2 21 vehicle coverage trust fund is created in the state treasury
  2 22 under the control of the commissioner of insurance.  The
  2 23 fund shall consist of any moneys appropriated by the general
  2 24 assembly and any revenues credited to the fund pursuant to
  2 25 section 331.307, subsection 14, and section 364.3, subsection
  2 26 2.  Moneys in the fund are not subject to section 8.33.
  2 27 Notwithstanding section 12C.7, subsection 2, interest or
  2 28 earnings on moneys deposited in the fund shall be credited to
  2 29 the fund.
  2 30    2.  Moneys in the uninsured, hit=and=run, and underinsured
  2 31 motor vehicle coverage trust fund shall be used to reimburse
  2 32 insurers for the payment of claims under uninsured or
  2 33 hit=and=run motor vehicle coverage and underinsured motor
  2 34 vehicle coverage issued pursuant to section 516A.1.
  2 35    3.  The commissioner of insurance shall administer a
  3  1 program for the reimbursement of insurers for claims paid
  3  2 under uninsured or hit=and=run motor vehicle coverage and
  3  3 underinsured motor vehicle coverage issued pursuant to section
  3  4 516A.1.  The commissioner of insurance shall adopt rules
  3  5 establishing a process by which insurers may qualify for and
  3  6 apply for reimbursement from the fund.  The commissioner
  3  7 may establish a limit on the amount that may be awarded for
  3  8 reimbursement for any claim in order to make the distribution
  3  9 of reimbursement payments as equitable as possible among
  3 10 eligible insurers.
  3 11                           EXPLANATION
  3 12 The inclusion of this explanation does not constitute agreement with
  3 13 the explanation's substance by the members of the general assembly.
  3 14    This bill creates an uninsured, hit=and=run, and
  3 15 underinsured motor vehicle coverage trust fund under the
  3 16 control of the commissioner of insurance.  Moneys in the
  3 17 fund are to be used to reimburse insurers for claims paid
  3 18 under uninsured or hit=and=run motor vehicle coverage and
  3 19 underinsured motor vehicle coverage provided with motor vehicle
  3 20 liability insurance policies.  The bill directs the insurance
  3 21 commissioner to adopt administrative rules establishing
  3 22 a process by which insurers may qualify and apply for
  3 23 reimbursement from the fund.  In order to make the distribution
  3 24 of payments as equitable as possible among insurers, the
  3 25 commissioner is authorized to establish a limit on the amount
  3 26 of reimbursement allowed for any claim.
  3 27    Under the bill, the source of revenue for the uninsured,
  3 28 hit=and=run, and underinsured motor vehicle coverage trust fund
  3 29 is the revenue derived by cities and counties from automated
  3 30 traffic law enforcement programs.  The bill directs that, from
  3 31 the civil fines collected by a city or county from the use of
  3 32 automated traffic law enforcement systems, the amount necessary
  3 33 to satisfy the contractual obligations relating to the use of
  3 34 the systems shall be retained by the city or county.  Moneys
  3 35 in excess of that amount are to be forwarded monthly to the
  4  1 treasurer of state for deposit in the uninsured, hit=and=run,
  4  2 and underinsured motor vehicle coverage trust fund.
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