SF 2191 (LSB 5995XS (3) 84)

SENATE FILE 2191

BY  ZAUN

A BILL FOR

An Act providing for the distribution of fines collected under a city or county automated traffic law enforcement program to local nonprofit organizations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.307, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  14.
  a.  Notwithstanding any other provision of law, civil fines collected by a county from the use of an automated traffic law enforcement system shall be allocated as follows:
   (1)  The amount necessary to satisfy contractual obligations of the county relating to the use of automated traffic law enforcement systems shall be retained by the county for that purpose.
   (2)  Moneys in excess of the amount necessary for the purpose specified in subparagraph (1) shall be deposited in the automated traffic law enforcement program fund established pursuant to section 331.440A.
   b.  For purposes of this subsection, “automated traffic law enforcement system” means a device with one or more sensors working in conjunction with a traffic control signal or device or a speed-measuring device to produce recorded images of vehicles being operated in violation of traffic or speed laws.
    Sec. 2.  Section 331.401, subsection 1, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  t.  Comply with section 331.440A, if the county has established an automated traffic law enforcement program fund.
    Sec. 3.  NEW SECTION.  331.440A  Automated traffic law enforcement program fund —— distribution to nonprofit organizations.
   1.  A county that uses an automated traffic law enforcement system shall establish an automated traffic law enforcement program fund which shall be separate from the county’s general fund. Interest earned on revenues deposited in the fund pursuant to section 331.307, subsection 14, shall remain in the fund and be used for the purposes specified in this section. Moneys in the fund are not subject to transfer to any other funds established by a county unless such transfer is for a purpose specified in this section.
   2.  The board of supervisors of a county with an automated traffic law enforcement program fund shall appoint a committee of five residents of the county who are not elected officials to coordinate the distribution of moneys in the fund to nonprofit organizations with a presence in the county. The committee shall review and evaluate applications from nonprofit organizations and select applications for approval. The committee shall submit applications approved by the committee, specifying the amount of funding approved, along with written comments from the committee, to the board for disbursement of funds.
   3.  For purposes of this section, “nonprofit organization” means a nonprofit entity which is exempt from federal income taxation pursuant to section 501(c)(3) of the Internal Revenue Code and which is funded in whole or in part by public funds.
    Sec. 4.  Section 364.3, subsection 2, Code Supplement 2011, is amended to read as follows:
   2.  For a violation of an ordinance, a city shall not provide a penalty in excess of the maximum fine and term of imprisonment for a simple misdemeanor under section 903.1, subsection 1, paragraph “a”. An
 
Except as otherwise provided in this section, an amount equal to ten percent of all fines collected by cities shall be deposited in the account established in section 602.8108. However, one
   a.  One
 
hundred percent of all fines collected by a city pursuant to section 321.236, subsection 1, shall be retained by the city.
   b.  Civil fines collected by a city from the use of an automated traffic law enforcement system shall be allocated as follows:
   (1)  The amount necessary to satisfy contractual obligations of the city relating to the use of automated traffic law enforcement systems shall be retained by the city for that purpose.

   (2)  Moneys in excess of the amount necessary for the purpose specified in subparagraph (1) shall be deposited in the city’s automated traffic law enforcement program fund established pursuant to section 384.3B.
   (3)  For purposes of this subsection, “automated traffic law enforcement system” means a device with one or more sensors working in conjunction with a traffic control signal or device or a speed-measuring device to produce recorded images of vehicles being operated in violation of traffic or speed laws.
   c.  The criminal penalty surcharge required by section 911.1 shall be added to a city fine and is not a part of the city’s penalty.
    Sec. 5.  NEW SECTION.  384.3B  Automated traffic law enforcement program fund —— distribution to nonprofit organizations.
   1.  A city that uses an automated traffic law enforcement system shall establish an automated traffic law enforcement program fund which shall be separate from the city’s general fund. Interest earned on revenues deposited in the fund pursuant to section 364.3, subsection 2, shall remain in the fund and be used for the purposes specified in this section. Moneys in the fund are not subject to transfer to any other funds established by a city unless such transfer is for a purpose specified in this section.
   2.  The city council of a city with an automated traffic law enforcement program fund shall appoint a committee of five residents of the city who are not elected officials to coordinate the distribution of moneys in the fund to nonprofit organizations with a presence in the city. The committee shall review and evaluate applications from nonprofit organizations and select applications for approval. The committee shall submit applications approved by the committee, specifying the amount of funding approved, along with written comments from the committee, to the city council for disbursement of funds.
   3.  For purposes of this section, “nonprofit organization” means a nonprofit entity which is exempt from federal income taxation pursuant to section 501(c)(3) of the Internal Revenue Code and which is funded in whole or in part by public funds.
EXPLANATION
   This bill requires each city or county that uses automated traffic law enforcement systems to establish an automated traffic law enforcement program fund separate from the city’s or county’s general fund. The bill directs that, from the civil fines collected by a city or county from the use of automated traffic law enforcement systems, the amount necessary to satisfy the contractual obligations relating to the use of the systems shall be retained by the city or county. Moneys in excess of that amount are to be deposited in the city’s or county’s automated traffic law enforcement program fund.
   A city or county with an automated traffic law enforcement program fund shall appoint a committee of five residents of the city or county who are not elected officials to coordinate the distribution of moneys in the fund to nonprofit organizations with a presence in the city or county. The city council or county board of supervisors is responsible for disbursement of moneys to successful applicants chosen by the citizen committee.