House File 2137

                                       HOUSE FILE       
                                       BY  PAULSEN, WILDERDYKE,
                                           BAUDLER, and TJEPKES


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act establishing a surcharge for certain speeding violations,
  2    creating a state patrol revolving fund, and making an
  3    appropriation.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5477YH 80
  6 dea/pj/5

PAG LIN

  1  1    Section 1.  NEW SECTION.  80.41  STATE PATROL REVOLVING
  1  2 FUND.
  1  3    A state patrol revolving fund is created in the state
  1  4 treasury under the control of the department of public safety.
  1  5 The fund shall consist of moneys collected from the speeding
  1  6 violation surcharge under section 911.4, moneys appropriated
  1  7 by the general assembly, and any other moneys obtained or
  1  8 accepted by the department for deposit in the revolving fund.
  1  9 The proceeds of the revolving fund are appropriated to and
  1 10 shall be used by the department of public safety for
  1 11 employment of peace officers in the Iowa state patrol division
  1 12 and purchase and maintenance of equipment required for the
  1 13 performance of the officers' duties.  Section 8.33 does not
  1 14 apply to any moneys in the revolving fund and, notwithstanding
  1 15 section 12C.7, subsection 2, earnings or interest on moneys
  1 16 deposited in the revolving fund shall be credited to the
  1 17 revolving fund.
  1 18    Sec. 2.  Section 602.8102, Code Supplement 2003, is amended
  1 19 by adding the following new subsection:
  1 20    NEW SUBSECTION.  135C.  Assess the speeding violation
  1 21 surcharge as provided by section 911.4.
  1 22    Sec. 3.  Section 602.8107, subsection 4, unnumbered
  1 23 paragraph 2, Code Supplement 2003, is amended to read as
  1 24 follows:
  1 25    This subsection does not apply to amounts collected for
  1 26 victim restitution, the victim compensation fund, criminal
  1 27 penalty surcharge, law enforcement initiative surcharge,
  1 28 speeding violation surcharge, amounts collected as a result of
  1 29 procedures initiated under subsection 5 or under section
  1 30 8A.504, or sheriff's room and board fees.
  1 31    Sec. 4.  Section 602.8108, Code Supplement 2003, is amended
  1 32 by adding the following new subsection:
  1 33    NEW SUBSECTION.  4A.  When a court assesses the speeding
  1 34 violation surcharge under section 911.4, the clerk of court
  1 35 shall remit to the treasurer of state, no later than the
  2  1 fifteenth day of each month, all the moneys collected during
  2  2 the preceding month, for deposit in the state patrol revolving
  2  3 fund created in section 80.41.
  2  4    Sec. 5.  Section 805.8A, subsection 5, paragraph b, Code
  2  5 Supplement 2003, is amended by adding the following new
  2  6 unnumbered paragraph:
  2  7    NEW UNNUMBERED PARAGRAPH.  In addition to the criminal
  2  8 penalty surcharge assessed pursuant to chapter 911, the
  2  9 speeding violation surcharge required by section 911.4 shall
  2 10 be added to the scheduled fines in this lettered paragraph.
  2 11    Sec. 6.  Section 909.8, Code 2003, is amended to read as
  2 12 follows:
  2 13    909.8  PAYMENT AND COLLECTION PROVISIONS APPLY TO
  2 14 SURCHARGE.
  2 15    The provisions of this chapter governing the payment and
  2 16 collection of a fine, except section 909.3A, also apply to the
  2 17 payment and collection of surcharges imposed pursuant to
  2 18 chapter 911.  However, section 909.10 shall not apply to
  2 19 surcharges assessed under section sections 911.3 and 911.4.
  2 20    Sec. 7.  NEW SECTION.  911.4  SPEEDING VIOLATION SURCHARGE.
  2 21    1.  In addition to the criminal penalty surcharge assessed
  2 22 pursuant to this chapter, a speeding violation surcharge of
  2 23 fifty dollars shall be assessed by the clerk of the district
  2 24 court when the court imposes a fine for a scheduled violation
  2 25 under section 805.8A, subsection 5, paragraph "b".
  2 26    2.  The surcharge shall be deposited in the state patrol
  2 27 revolving fund created in section 80.41.
  2 28    3.  The surcharge is subject to the provisions of chapter
  2 29 909 governing the payment and collection of fines, as provided
  2 30 in section 909.8.
  2 31                           EXPLANATION
  2 32    This bill imposes a speeding violation surcharge of $50 for
  2 33 excessive speed violations committed in a speed zone greater
  2 34 than 55 miles per hour.  The speeding violation surcharge is
  2 35 in addition to the scheduled fine and criminal penalty
  3  1 surcharge currently assessed for such speeding violations.
  3  2    The bill creates a state patrol revolving fund under the
  3  3 control of the department of public safety for deposit of
  3  4 moneys collected from the speeding violation surcharge.
  3  5 Moneys in the fund are appropriated to the department for
  3  6 employment and equipment of peace officers in the Iowa state
  3  7 patrol division.
  3  8    The bill directs that a clerk of court shall remit all
  3  9 moneys collected in the preceding month from the speeding
  3 10 violation surcharge to the treasurer of state for deposit in
  3 11 the state patrol revolving fund.  Speeding violation
  3 12 surcharges are exempt from Code provisions allowing a county
  3 13 to retain a portion of delinquent surcharges collected by a
  3 14 county attorney and requiring that delinquent fines collected
  3 15 by the clerk of court be deposited in a judicial revolving
  3 16 fund.
  3 17 LSB 5477YH 80
  3 18 dea/pj/5