Amendment H-1241 to HF 774

Filed April 17, 2019 in the House by

What it changes

1. Page 1, before line 1 by inserting: “Section
2. NEW SECTION . 80.47 Public safety equipment fund.
3. A public safety equipment fund is created in the state treasury under the control of the department. The fund shall consist of moneys deposited in the fund pursuant to section 321.492C and any other moneys appropriated to or deposited in the fund. Moneys in the fund are appropriated to the department for the purchase, maintenance, and replacement of equipment used by the department.
4. Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of a fiscal year shall not revert but shall remain available for expenditure for the purposes designated. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund shall be credited to the fund. Sec. ___. Section 135.25, Code 2019, is amended to read as follows: 135.25 Emergency medical services fund. An emergency medical services fund is created in the state treasury under the control of the department. The fund includes, but is not limited to, amounts appropriated by the general assembly, and other moneys available from federal or private sources which are to be used for purposes of this section . Funds remaining in the fund at the end of each fiscal year shall not revert to the general fund of the state but shall remain in the emergency medical services fund, notwithstanding section 8.33 . The fund is established to assist counties by matching, on a dollar-for-dollar basis, moneys spent by a county for the acquisition of equipment for the provision of emergency medical services and by providing grants to counties for education and training in the delivery of emergency medical services, as provided in this section and section 422D.6 . A county seeking matching funds under this section shall apply to the emergency medical services division of the department. Moneys deposited in the fund pursuant to section 321.492C shall be allocated as required under this section, but shall be used to assist counties in providing emergency medical services in rural, underserved areas of the state. The department shall adopt rules concerning the application and awarding process for the matching funds and the criteria for the allocation of moneys in the fund if the moneys are insufficient to meet the emergency medical services needs of the counties. Moneys allocated by the department to a county for emergency medical services purposes may be used for equipment or training and education as determined by the board of supervisors pursuant to section 422D.6 .”
5. Page 7, line 9, after “proceedings.” by inserting “An administrative process created by a local authority prior to the effective date of this Act which provides due process and an opportunity for judicial review shall be deemed to fulfill the requirements of this subparagraph division.”
6. By striking page 7, line 30, through page 8, line 6, and inserting: “
7. a. Before July 1, 2020, one hundred percent of the moneys collected by a local authority from citations issued as a result of the use of an automated traffic law enforcement system shall be used by the local authority for purposes of public safety. On and after July 1, 2020, forty percent of such moneys shall be used by the local authority for purposes of public safety and sixty percent shall be transferred to the treasurer of state. The treasurer of state shall deposit thirty-four percent of the moneys received under this subsection in the public safety equipment fund created in section 80.47 and sixty-six percent of the moneys received under this subsection in the emergency medical services fund created in section 135.25. b. The amounts referred to in paragraph “a” shall be calculated after subtracting moneys ordered refunded by a court or through an administrative process, moneys used for the installation, operation, administration, and maintenance of the automated traffic law enforcement system, and costs and fees withheld by or paid to an entity operating the automated traffic law enforcement system on the local authority’s behalf. c. On and after the effective date of this Act, a local authority shall not enter into any contract or agreement that requires more than twenty-five percent of a civil penalty collected as a result of the use of an automated traffic law enforcement system be paid to an entity operating the automated traffic law enforcement system on the local authority’s behalf, or any other third party, for providing services relating to the enforcement of the local authority’s ordinances or the collection of civil penalties imposed as a result of the use of an automated traffic law enforcement system. A contract or agreement entered into in violation of this paragraph is void. This paragraph does not apply to a contract or agreement in effect prior to the effective date of this Act. However, such a contract or agreement shall not be renewed or extended beyond the terms of such contract or agreement unless the contract or agreement complies with this paragraph.”
8. By renumbering as necessary.

Official amendment (PDF) · In the Bill Book