Bill Text: IA SF88 | 2015-2016 | 86th 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 1-0)
Status: (Introduced - Dead) 2015-01-29 - Subcommittee, Dvorsky, Brase, and Feenstra. S.J. 185. [SF88 Detail]
Download: Iowa-2015-SF88-Introduced.html
Senate File 88 - Introduced SENATE FILE BY ZAUN A BILL FOR 1 An Act providing for the distribution of fines collected under 2 a city or county automated traffic law enforcement program 3 to local nonprofit organizations. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1780XS (1) 86 ns/nh 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 1 12 purpose specified in subparagraph (1) shall be deposited in 1 13 the automated traffic law enforcement program fund established 1 14 pursuant to section 331.438. 1 15 b. For purposes of this subsection, "automated traffic law 1 16 enforcement system" means a device with one or more sensors 1 17 working in conjunction with a traffic control signal or device 1 18 or a speed=measuring device to produce recorded images of 1 19 vehicles being operated in violation of traffic or speed laws. 1 20 Sec. 2. Section 331.401, subsection 1, Code 2015, is amended 1 21 by adding the following new paragraph: 1 22 NEW PARAGRAPH. t. Comply with section 331.438, if the 1 23 county has established an automated traffic law enforcement 1 24 program fund. 1 25 Sec. 3. NEW SECTION. 331.438 Automated traffic law 1 26 enforcement program fund ==== distribution to nonprofit 1 27 organizations. 1 28 1. A county that uses an automated traffic law enforcement 1 29 system shall establish an automated traffic law enforcement 1 30 program fund which shall be separate from the county's general 1 31 fund. Interest earned on revenues deposited in the fund 1 32 pursuant to section 331.307, subsection 14, shall remain in the 1 33 fund and be used for the purposes specified in this section. 1 34 Moneys in the fund are not subject to transfer to any other 1 35 funds established by a county unless such transfer is for a 2 1 purpose specified in this section. 2 2 2. The board of supervisors of a county with an automated 2 3 traffic law enforcement program fund shall appoint a committee 2 4 of five residents of the county who are not elected officials 2 5 to coordinate the distribution of moneys in the fund to 2 6 nonprofit organizations with a presence in the county. The 2 7 committee shall review and evaluate applications from nonprofit 2 8 organizations and select applications for approval. The 2 9 committee shall submit applications approved by the committee, 2 10 specifying the amount of funding approved, along with written 2 11 comments from the committee, to the board for disbursement of 2 12 funds. 2 13 3. For purposes of this section, "nonprofit organization" 2 14 means a nonprofit entity which is exempt from federal income 2 15 taxation pursuant to section 501(c)(3) of the Internal Revenue 2 16 Code and which is funded in whole or in part by public funds. 2 17 Sec. 4. Section 364.3, subsection 2, Code 2015, is amended 2 18 to read as follows: 2 19 2. For a violation of an ordinance, a city shall not 2 20 provide a penalty in excess of the maximum fine and term of 2 21 imprisonment for a simple misdemeanor under section 903.1, 2 22 subsection 1, paragraph "a".AnExcept as otherwise provided 2 23 in this section, an amount equal to ten percent of all 2 24 fines collected by cities shall be deposited in the account 2 25 established in section 602.8108.However, one2 26 a. One hundred percent of all fines collected by a city 2 27 pursuant to section 321.236, subsection 1, shall be retained 2 28 by the city. 2 29 b. Civil fines collected by a city from the use of an 2 30 automated traffic law enforcement system shall be allocated as 2 31 follows: 2 32 (1) The amount necessary to satisfy contractual obligations 2 33 of the city relating to the use of automated traffic law 2 34 enforcement systems shall be retained by the city for that 2 35 purpose. 3 1 (2) Moneys in excess of the amount necessary for the purpose 3 2 specified in subparagraph (1) shall be deposited in the city's 3 3 automated traffic law enforcement program fund established 3 4 pursuant to section 384.3B. 3 5 (3) For purposes of this subsection, "automated traffic law 3 6 enforcement system" means a device with one or more sensors 3 7 working in conjunction with a traffic control signal or device 3 8 or a speed=measuring device to produce recorded images of 3 9 vehicles being operated in violation of traffic or speed laws. 3 10 c. The criminal penalty surcharge required by section 911.1 3 11 shall be added to a city fine and is not a part of the city's 3 12 penalty. 3 13 Sec. 5. NEW SECTION. 384.3B Automated traffic law 3 14 enforcement program fund ==== distribution to nonprofit 3 15 organizations. 3 16 1. A city that uses an automated traffic law enforcement 3 17 system shall establish an automated traffic law enforcement 3 18 program fund which shall be separate from the city's general 3 19 fund. Interest earned on revenues deposited in the fund 3 20 pursuant to section 364.3, subsection 2, shall remain in the 3 21 fund and be used for the purposes specified in this section. 3 22 Moneys in the fund are not subject to transfer to any other 3 23 funds established by a city unless such transfer is for a 3 24 purpose specified in this section. 3 25 2. The city council of a city with an automated traffic 3 26 law enforcement program fund shall appoint a committee of 3 27 five residents of the city who are not elected officials to 3 28 coordinate the distribution of moneys in the fund to nonprofit 3 29 organizations with a presence in the city. The committee shall 3 30 review and evaluate applications from nonprofit organizations 3 31 and select applications for approval. The committee shall 3 32 submit applications approved by the committee, specifying the 3 33 amount of funding approved, along with written comments from 3 34 the committee, to the city council for disbursement of funds. 3 35 3. For purposes of this section, "nonprofit organization" 4 1 means a nonprofit entity which is exempt from federal income 4 2 taxation pursuant to section 501(c)(3) of the Internal Revenue 4 3 Code and which is funded in whole or in part by public funds. 4 4 EXPLANATION 4 5 The inclusion of this explanation does not constitute agreement with 4 6 the explanation's substance by the members of the general assembly. 4 7 This bill requires each city or county that uses automated 4 8 traffic law enforcement systems to establish an automated 4 9 traffic law enforcement program fund separate from the city's 4 10 or county's general fund. The bill directs that, from the 4 11 civil fines collected by a city or county from the use of 4 12 automated traffic law enforcement systems, the amount necessary 4 13 to satisfy the contractual obligations relating to the use of 4 14 the systems shall be retained by the city or county. Moneys 4 15 in excess of that amount are to be deposited in the city's or 4 16 county's automated traffic law enforcement program fund. 4 17 A city or county with an automated traffic law enforcement 4 18 program fund shall appoint a committee of five residents of the 4 19 city or county who are not elected officials to coordinate the 4 20 distribution of moneys in the fund to nonprofit organizations 4 21 with a presence in the city or county. The city council or 4 22 county board of supervisors is responsible for disbursement 4 23 of moneys to successful applicants chosen by the citizen 4 24 committee. LSB 1780XS (1) 86 ns/nh
