House File 2292
HOUSE FILE
BY HORBACH
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act establishing a county enforcement surcharge for citations
2 issued by the county sheriff.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6073HH 80
5 jm/pj/5
PAG LIN
1 1 Section 1. Section 602.8102, subsection 135A, Code
1 2 Supplement 2003, is amended to read as follows:
1 3 135A. Assess the drug abuse resistance education surcharge
1 4 as provided by section surcharges provided by sections 911.2,
1 5 911.3, and 911.4.
1 6 Sec. 2. Section 602.8102, subsection 135B, Code Supplement
1 7 2003, is amended by striking the subsection.
1 8 Sec. 3. Section 602.8107, subsection 4, unnumbered
1 9 paragraph 2, Code Supplement 2003, is amended to read as
1 10 follows:
1 11 This subsection does not apply to amounts collected for
1 12 victim restitution, the victim compensation fund, criminal
1 13 penalty surcharge, law enforcement initiative surcharge,
1 14 county enforcement surcharge, amounts collected as a result of
1 15 procedures initiated under subsection 5 or under section
1 16 8A.504, or sheriff's room and board fees.
1 17 Sec. 4. Section 602.8108, Code Supplement 2003, is amended
1 18 by adding the following new subsection:
1 19 NEW SUBSECTION. 4A. The clerk of the district court shall
1 20 remit all moneys collected from the county enforcement
1 21 surcharge to the county where the citation was issued for
1 22 deposit in the county general fund no later than the fifteenth
1 23 day of each month.
1 24 Sec. 5. Section 805.8, subsection 1, Code 2003, is amended
1 25 to read as follows:
1 26 1. APPLICATION. Except as otherwise indicated, violations
1 27 of sections of the Code specified in sections 805.8A, 805.8B,
1 28 and 805.8C are scheduled violations, and the scheduled fine
1 29 for each of those violations is as provided in those sections,
1 30 whether the violation is of state law or of a county or city
1 31 ordinance. The criminal penalty surcharge required by section
1 32 911.2 and the county enforcement surcharge required by section
1 33 911.4, if applicable, shall be added to the scheduled fine.
1 34 Sec. 6. Section 903.1, subsection 4, Code 2003, is amended
1 35 to read as follows:
2 1 4. The criminal penalty surcharge surcharges required by
2 2 sections 911.2, and 911.3, and 911.4 shall be added to a fine
2 3 imposed on a misdemeanant, and is are not a part of or subject
2 4 to the maximums set in this section.
2 5 Sec. 7. Section 909.8, Code 2003, is amended to read as
2 6 follows:
2 7 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TO
2 8 SURCHARGE.
2 9 The provisions of this chapter governing the payment and
2 10 collection of a fine, except section 909.3A, also apply to the
2 11 payment and collection of surcharges imposed pursuant to
2 12 chapter 911. However, section 909.10 shall not apply to
2 13 surcharges assessed under section sections 911.3 and 911.4.
2 14 Sec. 8. NEW SECTION. 911.4 COUNTY ENFORCEMENT SURCHARGE.
2 15 1. If a court imposes a fine or forfeiture for any simple
2 16 misdemeanor punishable as a scheduled violation pursuant to a
2 17 citation issued by the sheriff as defined in section 331.101,
2 18 the court or the clerk of the district court shall assess a
2 19 surcharge in the amount of five dollars for each applicable
2 20 violation in addition to any fine, forfeiture, or other
2 21 surcharge.
2 22 2. Pursuant to section 602.8108, subsection 4A, the
2 23 surcharge shall be deposited in the county general fund of the
2 24 county where the citation was issued.
2 25 3. The surcharge is subject to the provisions of chapter
2 26 909 governing the payment and collection of fines, as provided
2 27 in section 909.8.
2 28 EXPLANATION
2 29 This bill imposes a county enforcement surcharge of $5 on
2 30 fines or forfeitures imposed pursuant to citations issued by
2 31 the county sheriff for state violations punishable as a
2 32 scheduled fine. The county enforcement surcharge is in
2 33 addition to the fine and any other surcharge currently
2 34 assessed.
2 35 The bill directs the clerk of the district court to remit
3 1 all moneys collected in the preceding month from the county
3 2 enforcement surcharge to the county where the citation was
3 3 issued for deposit in the county general fund.
3 4 The bill provides that the county enforcement surcharge is
3 5 exempt from the Code provisions allowing a county to retain a
3 6 portion of delinquent surcharges collected by the county
3 7 attorney because the county enforcement surcharge is already
3 8 payable to the county.
3 9 LSB 6073HH 80
3 10 jm/pj/5