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 undersectionsections 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