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Text: HSB00072                          Text: HSB00074
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House Study Bill 73

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 331.307, subsection 6, Code 1995, is
  1  2 amended to read as follows:
  1  3    6.  Notwithstanding section 602.8106, subsection 3,
  1  4 penalties or forfeitures collected by the court for county
  1  5 infractions shall be remitted to the county in the same manner
  1  6 as fines and forfeitures are remitted to cities for criminal
  1  7 violations under section 602.8106.  If the person named in the
  1  8 citation is served as provided in this section and fails
  1  9 without good cause to appear in response to the civil
  1 10 citation, judgment shall be entered against the person cited.
  1 11    Sec. 2.  Section 602.8106, subsection 3, Code 1995, is
  1 12 amended to read as follows:
  1 13    3.  The clerk of the district court shall remit ninety
  1 14 percent of all fines and forfeited bail for violation of a
  1 15 county ordinance, except an ordinance relating to vehicle
  1 16 speed or weight restrictions, to the county treasurer of the
  1 17 county that was the plaintiff in the action, and shall provide
  1 18 that county with a statement showing the total number of
  1 19 cases, the total of all fines and forfeited bail collected,
  1 20 and the total of all cases dismissed.  However, if a county
  1 21 ordinance provides a penalty for a violation which is also
  1 22 penalized under state law, the fines and forfeited bail
  1 23 collected for the violation shall be submitted to the state
  1 24 court administrator.  The remaining ten percent shall be
  1 25 submitted to the state court administrator.  
  1 26                           EXPLANATION
  1 27    This bill provides that the clerk of the district court
  1 28 remit 90 percent of all fines and forfeitures received from
  1 29 violations of county ordinances to the county treasurer and
  1 30 the remaining 10 percent to the state court administrator.
  1 31 These are the same percentages used for division of fines and
  1 32 forfeitures derived from violations of city ordinances.
  1 33    This bill also strikes the exception for ordinance
  1 34 violations relating to vehicle speed or weight restrictions
  1 35 and the state law preemption of similar county ordinances.  
  2  1 LSB 1701HC 76
  2  2 tj/jj/8
     
Text: HSB00072                          Text: HSB00074
Text: HSB00000 - HSB00099               Text: HSB Index
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