House File 2450 H-8343 Amend House File 2450 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) Of the moneys in excess of the amount necessary 14 for the purpose specified in subparagraph (1), fifty 15 percent shall be retained by the county and fifty 16 percent shall be deposited in the account established 17 in section 602.8108 for deposit in the road use tax 18 fund. 19 b. For purposes of this subsection, “automated 20 traffic law enforcement system” means a device with one 21 or more sensors working in conjunction with a traffic 22 control signal or device or a speed-measuring device to 23 produce recorded images of vehicles being operated in 24 violation of traffic or speed laws. 25 Sec. 2. Section 364.3, subsection 2, Code 26 Supplement 2011, is amended to read as follows: 27 2. For a violation of an ordinance , a city shall 28 not provide a penalty in excess of the maximum fine 29 and term of imprisonment for a simple misdemeanor 30 under section 903.1, subsection 1 , paragraph “a” . An 31 Except as otherwise provided in this subsection, an 32 amount equal to ten percent of all fines collected by 33 cities shall be deposited in the account established in 34 section 602.8108 . However, one 35 a. One hundred percent of all fines collected by a 36 city pursuant to section 321.236, subsection 1 , shall 37 be retained by the city. 38 b. Civil fines collected by a city from the use of 39 an automated traffic law enforcement system shall be 40 allocated as follows: 41 (1) The amount necessary to satisfy contractual 42 obligations of the city relating to the use of 43 automated traffic law enforcement systems shall be 44 retained by the city for that purpose. 45 (2) Of the moneys in excess of the amount necessary 46 for the purpose specified in subparagraph (1), fifty 47 percent shall be retained by the city and fifty percent 48 shall be deposited in the account established in 49 section 602.8108 for deposit in the road use tax fund. 50 -1- HF2450.5352 (2) 84 dea/nh 1/ 2 #1.
(3) For purposes of this subsection, “automated 1 traffic law enforcement system” means a device with one 2 or more sensors working in conjunction with a traffic 3 control signal or device or a speed-measuring device to 4 produce recorded images of vehicles being operated in 5 violation of traffic or speed laws. 6 c. The criminal penalty surcharge required by 7 section 911.1 shall be added to a city fine and is not 8 a part of the city’s penalty. 9 Sec. 3. Section 602.8108, Code Supplement 2011, is 10 amended by adding the following new subsection: 11 NEW SUBSECTION . 11. The clerk of the district 12 court shall forward to the treasurer of state all 13 moneys received from counties pursuant to section 14 331.307, subsection 14, and from cities pursuant to 15 section 364.3, subsection 2, paragraph “b” , for deposit 16 in the road use tax fund. > 17 2. Title page, by striking lines 1 and 2 and 18 inserting < An Act providing for the disposition of 19 fines collected by a city or county pursuant to an 20 automated traffic law enforcement program. > 21 ______________________________ MURPHY of Dubuque -2- HF2450.5352 (2) 84 dea/nh 2/ 2 #2.