House File 2214 H-8254 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) From civil fines collected for violations 14 committed on roads under the jurisdiction of the 15 county, the county shall retain the amount in excess 16 of the amount necessary for the purpose specified in 17 subparagraph (1). 18 (3) Moneys in excess of the amount retained under 19 subparagraph (1) or (2) shall be deposited in the 20 account established in section 602.8108. 21 b. For purposes of this subsection, “automated 22 traffic law enforcement system” means a device with one 23 or more sensors working in conjunction with a traffic 24 control signal or device or a speed-measuring device to 25 produce recorded images of vehicles being operated in 26 violation of traffic or speed laws. 27 Sec. 2. Section 364.3, subsection 2, Code 28 Supplement 2011, is amended to read as follows: 29 2. For a violation of an ordinance , a city shall 30 not provide a penalty in excess of the maximum fine and 31 term of imprisonment for a simple misdemeanor under 32 section 903.1, subsection 1 , paragraph “a” . An Except 33 as otherwise provided in this section, an amount equal 34 to ten percent of all fines collected by cities shall 35 be deposited in the account established in section 36 602.8108 . However, one 37 a. One hundred percent of all fines collected by a 38 city pursuant to section 321.236, subsection 1 , shall 39 be retained by the city. 40 b. Civil fines collected by a city from the use of 41 an automated traffic law enforcement system shall be 42 allocated as follows: 43 (1) The amount necessary to satisfy contractual 44 obligations of the city relating to the use of 45 automated traffic law enforcement systems shall be 46 retained by the city for that purpose. 47 (2) From civil fines collected for violations 48 committed on roads under the jurisdiction of the 49 city, the city shall retain the amount in excess of 50 -1- HF2214.5089 (3) 84 dea/sc 1/ 2 #1.
the amount necessary for the purpose specified in 1 subparagraph (1). A city shall not retain any fines 2 collected from violations committed on any portion of 3 a primary or interstate highway including an extension 4 of a primary highway or interstate within the limits 5 of the city. 6 (3) Moneys in excess of the amount retained under 7 subparagraph (1) or (2) shall be deposited in the 8 account established in section 602.8108. 9 c. For purposes of this subsection, “automated 10 traffic law enforcement system” means a device with one 11 or more sensors working in conjunction with a traffic 12 control signal or device or a speed-measuring device to 13 produce recorded images of vehicles being operated in 14 violation of traffic or speed laws. 15 d. The criminal penalty surcharge required by 16 section 911.1 shall be added to a city fine and is not 17 a part of the city’s penalty. 18 Sec. 3. Section 602.8108, Code Supplement 2011, is 19 amended by adding the following new subsection: 20 NEW SUBSECTION . 11. The clerk of the district 21 court shall forward to the treasurer of state, not 22 later than the fifteenth day of each month, all moneys 23 received from counties pursuant to section 331.307, 24 subsection 14, and from cities pursuant to section 25 364.3, subsection 2, paragraph “b” , for deposit in the 26 road use tax fund. > 27 2. Title page, by striking lines 1 and 2 and 28 inserting < An Act providing for the disposition of 29 fines collected by a city or county pursuant to an 30 automated traffic law enforcement program. > 31 ______________________________ WAGNER of Linn -2- HF2214.5089 (3) 84 dea/sc 2/ 2 #2.