Senate File 20 - Introduced SENATE FILE 20 BY ZAUN , SEGEBART , CHAPMAN , CHELGREN , WHITVER , BOETTGER , FEENSTRA , KAPUCIAN , SINCLAIR , and ROZENBOOM A BILL FOR An Act providing for the distribution of fines collected under 1 a city or county automated traffic law enforcement program 2 to local nonprofit organizations. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1581XS (2) 85 dea/nh

S.F. 20 Section 1. Section 331.307, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 14. a. Notwithstanding any other provision 3 of law, civil fines collected by a county from the use of an 4 automated traffic law enforcement system shall be allocated as 5 follows: 6 (1) The amount necessary to satisfy contractual obligations 7 of the county relating to the use of automated traffic law 8 enforcement systems shall be retained by the county for that 9 purpose. 10 (2) Moneys in excess of the amount necessary for the 11 purpose specified in subparagraph (1) shall be deposited in 12 the automated traffic law enforcement program fund established 13 pursuant to section 331.440A. 14 b. For purposes of this subsection, “automated traffic law 15 enforcement system” means a device with one or more sensors 16 working in conjunction with a traffic control signal or device 17 or a speed-measuring device to produce recorded images of 18 vehicles being operated in violation of traffic or speed laws. 19 Sec. 2. Section 331.401, subsection 1, Code 2013, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . t. Comply with section 331.440A, if the 22 county has established an automated traffic law enforcement 23 program fund. 24 Sec. 3. NEW SECTION . 331.440A Automated traffic 25 law enforcement program fund —— distribution to nonprofit 26 organizations. 27 1. A county that uses an automated traffic law enforcement 28 system shall establish an automated traffic law enforcement 29 program fund which shall be separate from the county’s general 30 fund. Interest earned on revenues deposited in the fund 31 pursuant to section 331.307, subsection 14, shall remain in the 32 fund and be used for the purposes specified in this section. 33 Moneys in the fund are not subject to transfer to any other 34 funds established by a county unless such transfer is for a 35 -1- LSB 1581XS (2) 85 dea/nh 1/ 4

S.F. 20 purpose specified in this section. 1 2. The board of supervisors of a county with an automated 2 traffic law enforcement program fund shall appoint a committee 3 of five residents of the county who are not elected officials 4 to coordinate the distribution of moneys in the fund to 5 nonprofit organizations with a presence in the county. The 6 committee shall review and evaluate applications from nonprofit 7 organizations and select applications for approval. The 8 committee shall submit applications approved by the committee, 9 specifying the amount of funding approved, along with written 10 comments from the committee, to the board for disbursement of 11 funds. 12 3. For purposes of this section, “nonprofit organization” 13 means a nonprofit entity which is exempt from federal income 14 taxation pursuant to section 501(c)(3) of the Internal Revenue 15 Code and which is funded in whole or in part by public funds. 16 Sec. 4. Section 364.3, subsection 2, Code 2013, is amended 17 to read as follows: 18 2. For a violation of an ordinance , a city shall not 19 provide a penalty in excess of the maximum fine and term of 20 imprisonment for a simple misdemeanor under section 903.1, 21 subsection 1 , paragraph “a” . An Except as otherwise provided 22 in this section, an amount equal to ten percent of all 23 fines collected by cities shall be deposited in the account 24 established in section 602.8108 . However, one 25 a. One hundred percent of all fines collected by a city 26 pursuant to section 321.236, subsection 1 , shall be retained 27 by the city. 28 b. Civil fines collected by a city from the use of an 29 automated traffic law enforcement system shall be allocated as 30 follows: 31 (1) The amount necessary to satisfy contractual obligations 32 of the city relating to the use of automated traffic law 33 enforcement systems shall be retained by the city for that 34 purpose. 35 -2- LSB 1581XS (2) 85 dea/nh 2/ 4

S.F. 20 (2) Moneys in excess of the amount necessary for the purpose 1 specified in subparagraph (1) shall be deposited in the city’s 2 automated traffic law enforcement program fund established 3 pursuant to section 384.3B. 4 (3) For purposes of this subsection, “automated traffic law 5 enforcement system” means a device with one or more sensors 6 working in conjunction with a traffic control signal or device 7 or a speed-measuring device to produce recorded images of 8 vehicles being operated in violation of traffic or speed laws. 9 c. The criminal penalty surcharge required by section 911.1 10 shall be added to a city fine and is not a part of the city’s 11 penalty. 12 Sec. 5. NEW SECTION . 384.3B Automated traffic law 13 enforcement program fund —— distribution to nonprofit 14 organizations. 15 1. A city that uses an automated traffic law enforcement 16 system shall establish an automated traffic law enforcement 17 program fund which shall be separate from the city’s general 18 fund. Interest earned on revenues deposited in the fund 19 pursuant to section 364.3, subsection 2, shall remain in the 20 fund and be used for the purposes specified in this section. 21 Moneys in the fund are not subject to transfer to any other 22 funds established by a city unless such transfer is for a 23 purpose specified in this section. 24 2. The city council of a city with an automated traffic 25 law enforcement program fund shall appoint a committee of 26 five residents of the city who are not elected officials to 27 coordinate the distribution of moneys in the fund to nonprofit 28 organizations with a presence in the city. The committee shall 29 review and evaluate applications from nonprofit organizations 30 and select applications for approval. The committee shall 31 submit applications approved by the committee, specifying the 32 amount of funding approved, along with written comments from 33 the committee, to the city council for disbursement of funds. 34 3. For purposes of this section, “nonprofit organization” 35 -3- LSB 1581XS (2) 85 dea/nh 3/ 4

S.F. 20 means a nonprofit entity which is exempt from federal income 1 taxation pursuant to section 501(c)(3) of the Internal Revenue 2 Code and which is funded in whole or in part by public funds. 3 EXPLANATION 4 This bill requires each city or county that uses automated 5 traffic law enforcement systems to establish an automated 6 traffic law enforcement program fund separate from the city’s 7 or county’s general fund. The bill directs that, from the 8 civil fines collected by a city or county from the use of 9 automated traffic law enforcement systems, the amount necessary 10 to satisfy the contractual obligations relating to the use of 11 the systems shall be retained by the city or county. Moneys 12 in excess of that amount are to be deposited in the city’s or 13 county’s automated traffic law enforcement program fund. 14 A city or county with an automated traffic law enforcement 15 program fund shall appoint a committee of five residents of the 16 city or county who are not elected officials to coordinate the 17 distribution of moneys in the fund to nonprofit organizations 18 with a presence in the city or county. The city council or 19 county board of supervisors is responsible for disbursement 20 of moneys to successful applicants chosen by the citizen 21 committee. 22 -4- LSB 1581XS (2) 85 dea/nh 4/ 4