House File 549 H-1364 Amend House File 549 as follows: 1 1. Page 3, after line 17 by inserting: 2 < Sec. ___. Section 364.3, subsection 2, Code 2011, 3 is amended to read as follows: 4 2. For a violation of an ordinance a city shall 5 not provide a penalty in excess of the maximum fine 6 and term of imprisonment for a simple misdemeanor 7 under section 903.1, subsection 1 , paragraph “a” . An 8 Except as otherwise provided in this subsection, an 9 amount equal to ten percent of all fines collected by 10 cities shall be deposited in the account established in 11 section 602.8108 . However, one 12 a. One hundred percent of all fines collected by a 13 city pursuant to section 321.236, subsection 1 , shall 14 be retained by the city. 15 b. One hundred percent of the fines collected from 16 the use of an automated traffic enforcement system 17 shall be deposited in the city’s automated traffic 18 enforcement program account established pursuant to 19 section 384.3B. 20 c. The criminal penalty surcharge required by 21 section 911.1 shall be added to a city fine and is not 22 a part of the city’s penalty. 23 Sec. ___. NEW SECTION . 384.3B Automated traffic 24 enforcement program account. 25 1. A city that uses an automated traffic 26 enforcement system shall establish an automated traffic 27 enforcement program account within the city’s general 28 fund. Interest earned on revenues deposited in the 29 account pursuant to section 364.3, subsection 2, shall 30 remain in the account and be used for the purposes 31 specified in this section. Moneys in the account are 32 not subject to transfer to any other accounts in the 33 city’s general fund or to any other funds established 34 by a city unless such transfer is for a purpose 35 specified in this section. 36 2. Moneys in the account shall be used first to pay 37 the costs of operating the city’s automated traffic 38 enforcement program. 39 3. Moneys in the account in excess of the amount 40 necessary for the purpose specified in subsection 2 41 shall be deposited in the city’s street construction 42 fund. > 43 2. By renumbering as necessary. 44 ______________________________ WINDSCHITL of Harrison -1- HF549.1609 (2) 84 dea/sc 1/ 1 #1. #2.