House File 2214 H-8253 Amend House File 2214 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 331.307, Code 2011, is amended 4 by adding the following new subsection: 5 NEW SUBSECTION . 14. a. Notwithstanding any other 6 provision of law, civil fines collected by a county 7 from the use of an automated traffic law enforcement 8 system shall be allocated as follows: 9 (1) The amount necessary to satisfy contractual 10 obligations of the county relating to the use of 11 automated traffic law enforcement systems shall be 12 retained by the county for that purpose. 13 (2) Moneys in excess of the amount necessary 14 for the purpose specified in subparagraph (1) shall 15 be deposited in the account established in section 16 602.8108. 17 b. For purposes of this subsection, “automated 18 traffic law enforcement system” means a device with one 19 or more sensors working in conjunction with a traffic 20 control signal or device or a speed-measuring device to 21 produce recorded images of vehicles being operated in 22 violation of traffic or speed laws. 23 Sec. 2. Section 364.3, subsection 2, Code 24 Supplement 2011, is amended to read as follows: 25 2. For a violation of an ordinance , a city shall 26 not provide a penalty in excess of the maximum fine and 27 term of imprisonment for a simple misdemeanor under 28 section 903.1, subsection 1 , paragraph “a” . An Except 29 as otherwise provided in this section, an amount equal 30 to ten percent of all fines collected by cities shall 31 be deposited in the account established in section 32 602.8108 . However, one 33 a. One hundred percent of all fines collected by a 34 city pursuant to section 321.236, subsection 1 , shall 35 be retained by the city. 36 b. Civil fines collected by a city from the use of 37 an automated traffic law enforcement system shall be 38 allocated as follows: 39 (1) The amount necessary to satisfy contractual 40 obligations of the city relating to the use of 41 automated traffic law enforcement systems shall be 42 retained by the city for that purpose. 43 (2) Moneys in excess of the amount necessary 44 for the purpose specified in subparagraph (1) shall 45 be deposited in the account established in section 46 602.8108. 47 (3) For purposes of this subsection, “automated 48 traffic law enforcement system” means a device with one 49 or more sensors working in conjunction with a traffic 50 -1- HF2214.5081 (2) 84 dea/sc 1/ 2 #1.
control signal or device or a speed-measuring device to 1 produce recorded images of vehicles being operated in 2 violation of traffic or speed laws. 3 c. The criminal penalty surcharge required by 4 section 911.1 shall be added to a city fine and is not 5 a part of the city’s penalty. 6 Sec. 3. Section 602.8108, Code Supplement 2011, is 7 amended by adding the following new subsection: 8 NEW SUBSECTION . 11. The clerk of the district 9 court shall forward to the treasurer of state, not 10 later than the fifteenth day of each month, all moneys 11 received from counties pursuant to section 331.307, 12 subsection 14, and from cities pursuant to section 13 364.3, subsection 2, paragraph “b” , for deposit in the 14 road use tax fund. > 15 2. Title page, by striking lines 1 through 2 and 16 inserting < An Act providing for the disposition of 17 fines collected by a city or county pursuant to an 18 automated traffic law program. > 19 ______________________________ JORGENSEN of Woodbury -2- HF2214.5081 (2) 84 dea/sc 2/ 2 #2.