Bill Text: IA SF20 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act providing for the distribution of fines collected under a city or county automated traffic law enforcement program to local nonprofit organizations.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF20 Detail]
Download: Iowa-2013-SF20-Introduced.html
Senate
File
20
-
Introduced
SENATE
FILE
20
BY
ZAUN
,
SEGEBART
,
CHAPMAN
,
CHELGREN
,
WHITVER
,
BOETTGER
,
FEENSTRA
,
KAPUCIAN
,
SINCLAIR
,
and
ROZENBOOM
A
BILL
FOR
An
Act
providing
for
the
distribution
of
fines
collected
under
1
a
city
or
county
automated
traffic
law
enforcement
program
2
to
local
nonprofit
organizations.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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20
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
11
purpose
specified
in
subparagraph
(1)
shall
be
deposited
in
12
the
automated
traffic
law
enforcement
program
fund
established
13
pursuant
to
section
331.440A.
14
b.
For
purposes
of
this
subsection,
“automated
traffic
law
15
enforcement
system”
means
a
device
with
one
or
more
sensors
16
working
in
conjunction
with
a
traffic
control
signal
or
device
17
or
a
speed-measuring
device
to
produce
recorded
images
of
18
vehicles
being
operated
in
violation
of
traffic
or
speed
laws.
19
Sec.
2.
Section
331.401,
subsection
1,
Code
2013,
is
amended
20
by
adding
the
following
new
paragraph:
21
NEW
PARAGRAPH
.
t.
Comply
with
section
331.440A,
if
the
22
county
has
established
an
automated
traffic
law
enforcement
23
program
fund.
24
Sec.
3.
NEW
SECTION
.
331.440A
Automated
traffic
25
law
enforcement
program
fund
——
distribution
to
nonprofit
26
organizations.
27
1.
A
county
that
uses
an
automated
traffic
law
enforcement
28
system
shall
establish
an
automated
traffic
law
enforcement
29
program
fund
which
shall
be
separate
from
the
county’s
general
30
fund.
Interest
earned
on
revenues
deposited
in
the
fund
31
pursuant
to
section
331.307,
subsection
14,
shall
remain
in
the
32
fund
and
be
used
for
the
purposes
specified
in
this
section.
33
Moneys
in
the
fund
are
not
subject
to
transfer
to
any
other
34
funds
established
by
a
county
unless
such
transfer
is
for
a
35
-1-
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20
purpose
specified
in
this
section.
1
2.
The
board
of
supervisors
of
a
county
with
an
automated
2
traffic
law
enforcement
program
fund
shall
appoint
a
committee
3
of
five
residents
of
the
county
who
are
not
elected
officials
4
to
coordinate
the
distribution
of
moneys
in
the
fund
to
5
nonprofit
organizations
with
a
presence
in
the
county.
The
6
committee
shall
review
and
evaluate
applications
from
nonprofit
7
organizations
and
select
applications
for
approval.
The
8
committee
shall
submit
applications
approved
by
the
committee,
9
specifying
the
amount
of
funding
approved,
along
with
written
10
comments
from
the
committee,
to
the
board
for
disbursement
of
11
funds.
12
3.
For
purposes
of
this
section,
“nonprofit
organization”
13
means
a
nonprofit
entity
which
is
exempt
from
federal
income
14
taxation
pursuant
to
section
501(c)(3)
of
the
Internal
Revenue
15
Code
and
which
is
funded
in
whole
or
in
part
by
public
funds.
16
Sec.
4.
Section
364.3,
subsection
2,
Code
2013,
is
amended
17
to
read
as
follows:
18
2.
For
a
violation
of
an
ordinance
,
a
city
shall
not
19
provide
a
penalty
in
excess
of
the
maximum
fine
and
term
of
20
imprisonment
for
a
simple
misdemeanor
under
section
903.1,
21
subsection
1
,
paragraph
“a”
.
An
Except
as
otherwise
provided
22
in
this
section,
an
amount
equal
to
ten
percent
of
all
23
fines
collected
by
cities
shall
be
deposited
in
the
account
24
established
in
section
602.8108
.
However,
one
25
a.
One
hundred
percent
of
all
fines
collected
by
a
city
26
pursuant
to
section
321.236,
subsection
1
,
shall
be
retained
27
by
the
city.
28
b.
Civil
fines
collected
by
a
city
from
the
use
of
an
29
automated
traffic
law
enforcement
system
shall
be
allocated
as
30
follows:
31
(1)
The
amount
necessary
to
satisfy
contractual
obligations
32
of
the
city
relating
to
the
use
of
automated
traffic
law
33
enforcement
systems
shall
be
retained
by
the
city
for
that
34
purpose.
35
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20
(2)
Moneys
in
excess
of
the
amount
necessary
for
the
purpose
1
specified
in
subparagraph
(1)
shall
be
deposited
in
the
city’s
2
automated
traffic
law
enforcement
program
fund
established
3
pursuant
to
section
384.3B.
4
(3)
For
purposes
of
this
subsection,
“automated
traffic
law
5
enforcement
system”
means
a
device
with
one
or
more
sensors
6
working
in
conjunction
with
a
traffic
control
signal
or
device
7
or
a
speed-measuring
device
to
produce
recorded
images
of
8
vehicles
being
operated
in
violation
of
traffic
or
speed
laws.
9
c.
The
criminal
penalty
surcharge
required
by
section
911.1
10
shall
be
added
to
a
city
fine
and
is
not
a
part
of
the
city’s
11
penalty.
12
Sec.
5.
NEW
SECTION
.
384.3B
Automated
traffic
law
13
enforcement
program
fund
——
distribution
to
nonprofit
14
organizations.
15
1.
A
city
that
uses
an
automated
traffic
law
enforcement
16
system
shall
establish
an
automated
traffic
law
enforcement
17
program
fund
which
shall
be
separate
from
the
city’s
general
18
fund.
Interest
earned
on
revenues
deposited
in
the
fund
19
pursuant
to
section
364.3,
subsection
2,
shall
remain
in
the
20
fund
and
be
used
for
the
purposes
specified
in
this
section.
21
Moneys
in
the
fund
are
not
subject
to
transfer
to
any
other
22
funds
established
by
a
city
unless
such
transfer
is
for
a
23
purpose
specified
in
this
section.
24
2.
The
city
council
of
a
city
with
an
automated
traffic
25
law
enforcement
program
fund
shall
appoint
a
committee
of
26
five
residents
of
the
city
who
are
not
elected
officials
to
27
coordinate
the
distribution
of
moneys
in
the
fund
to
nonprofit
28
organizations
with
a
presence
in
the
city.
The
committee
shall
29
review
and
evaluate
applications
from
nonprofit
organizations
30
and
select
applications
for
approval.
The
committee
shall
31
submit
applications
approved
by
the
committee,
specifying
the
32
amount
of
funding
approved,
along
with
written
comments
from
33
the
committee,
to
the
city
council
for
disbursement
of
funds.
34
3.
For
purposes
of
this
section,
“nonprofit
organization”
35
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S.F.
20
means
a
nonprofit
entity
which
is
exempt
from
federal
income
1
taxation
pursuant
to
section
501(c)(3)
of
the
Internal
Revenue
2
Code
and
which
is
funded
in
whole
or
in
part
by
public
funds.
3
EXPLANATION
4
This
bill
requires
each
city
or
county
that
uses
automated
5
traffic
law
enforcement
systems
to
establish
an
automated
6
traffic
law
enforcement
program
fund
separate
from
the
city’s
7
or
county’s
general
fund.
The
bill
directs
that,
from
the
8
civil
fines
collected
by
a
city
or
county
from
the
use
of
9
automated
traffic
law
enforcement
systems,
the
amount
necessary
10
to
satisfy
the
contractual
obligations
relating
to
the
use
of
11
the
systems
shall
be
retained
by
the
city
or
county.
Moneys
12
in
excess
of
that
amount
are
to
be
deposited
in
the
city’s
or
13
county’s
automated
traffic
law
enforcement
program
fund.
14
A
city
or
county
with
an
automated
traffic
law
enforcement
15
program
fund
shall
appoint
a
committee
of
five
residents
of
the
16
city
or
county
who
are
not
elected
officials
to
coordinate
the
17
distribution
of
moneys
in
the
fund
to
nonprofit
organizations
18
with
a
presence
in
the
city
or
county.
The
city
council
or
19
county
board
of
supervisors
is
responsible
for
disbursement
20
of
moneys
to
successful
applicants
chosen
by
the
citizen
21
committee.
22
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