Iowa-2015-SF88-Introduced
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:
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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
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". An Except 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, one
2 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.
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