Text: S03189 Text: S03191 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 403 as follows: 1 2 #1. Page 2, by inserting after line 8 the 1 3 following: 1 4 "Sec. . Section 331.756, subsection 5, 1 5 unnumbered paragraph 4, Code 1995, is amended to read 1 6 as follows: 1 7 All fines, penalties, court costs, fees, and 1 8 restitution for court-appointed attorney fees or 1 9 expenses of a public defender which are delinquent as 1 10 defined in section 602.8107 may be collected by the 1 11 county attorney or the person procured or designated 1 12 by the county attorney. In order to receive a 1 13 percentage of the amounts collected pursuant to 1 14 section 602.8107, the county attorney must file 1 15 annually with the clerk of the district court on or 1 16 before July 1 a notice of full commitment to collect 1 17 delinquent obligations and must file on the first day 1 18 of each month a list of the cases in which the county 1 19 attorney or the person procured or designated by the 1 20 county attorney is pursuing the collection of 1 21 delinquent obligations. The annual notice shall 1 22 contain a list of procedures which will be initiated 1 23 by the county attorney. Amounts collected by the 1 24 county attorney or the person procured or designated 1 25 by the county attorney shall be distributed in 1 26 accordance with section 602.8107. 1 27 Sec. . Section 421.17, subsection 25, 1 28 unnumbered paragraph 1, Code 1995, is amended to read 1 29 as follows: 1 30 To establish and maintain a procedure to set off 1 31 against a debtor's income tax refund or rebate any 1 32 debt which is in the form of a liquidated sum due, 1 33 owing, and payable to the clerk of the district court 1 34as a civil penalty or restitution as defined and1 35ordered under sections 910.1 and 910.2 incurred as a1 36result of services provided under chapters 13B and1 37815, and section 232.141. The procedure shall meet 1 38 the following conditions: 1 39 Sec. . Section 421.17, subsection 25, paragraph 1 40 f, Code 1995, is amended to read as follows: 1 41 f. The department shall set off the debtagainst,1 42and deduct, plus a fee established by rule to reflect 1 43 the cost of processingfrom, against the debtor's 1 44 income tax refund or rebate. The department shall 1 45 transfer ninety percent of the amount set off to the 1 46 treasurer of state for deposit in the general fund of 1 47 the state. The remaining ten percent shall be 1 48 remitted to the judicial department and used to defray 1 49 the costs of this procedure. If the debtor gives 1 50 timely written notice of intent to contest the amount 2 1 of the claim, the department shall hold the refund or 2 2 rebate until final determination of the correct amount 2 3 of the claim." 2 4 #2. Page 2, line 11, by inserting after the figure 2 5 "910.1" the following: "and all other fines, 2 6 penalties, fees, court costs, and surcharges owing and 2 7 payable to the clerk". 2 8 #3. Page 2, by striking lines 19 through 22 and 2 9 inserting the following: "may be paid from receipts 2 10 collected by credit card." 2 11 #4. Page 2, by inserting after line 22 the 2 12 following: 2 13 "Sec. . Section 602.8107, subsection 4, 2 14 unnumbered paragraphs 1 and 2, Code 1995, are amended 2 15 to read as follows: 2 16 All fines, penalties, court costs, fees, 2 17 surcharges, and restitution for court-appointed 2 18 attorney fees or for expenses of a public defender 2 19 which are delinquent may be collected by the county 2 20 attorney or the county attorney's designee. Thirty- 2 21 five percent of the amounts collected by the county 2 22 attorney or the person procured or designated by the 2 23 county attorney shall be deposited in the general fund 2 24 of the county if the county attorney has filed the 2 25 notice required in section 331.756, subsection 5, 2 26 unless the county attorney has discontinued collection 2 27 efforts on a particular delinquent amountand has2 28transferred collection responsibilities to the2 29department of revenue and finance. The remainder 2 30 shall be paid to the clerk for distribution under 2 31 section 602.8108. 2 32 This subsection does not apply to amounts collected 2 33 for victim restitution, the victim compensation fund, 2 34 criminal penalty surcharge, or amounts collected as a 2 35 result of procedures initiated under subsection 5 or 2 36 under section 421.17, subsection 25." 2 37 #5. Page 2, line 25, by striking the words "does 2 38 not file a" and inserting the following: "adoes not 2 39 file the". 2 40 #6. Page 2, lines 26 and 27, by striking the words 2 41 "of commitment to collect delinquent obligations 2 42 pursuant to" and inserting the following: "of2 43commitment to collect delinquent obligations pursuant2 44toand list of cases required in". 2 45 #7. By striking page 2, line 35, through page 3, 2 46 line 1, and inserting the following: "fund of the2 47state, the judicial department may assign". 2 48 #8. Page 3, line 4, by inserting before the word 2 49 "debts" the following: "delinquent". 2 50 #9. Page 3, by inserting after line 28 the 3 1 following: 3 2 "Sec. . Section 666.6, Code 1995, is amended to 3 3 read as follows: 3 4 666.6 ANNUAL REPORT OF OUTSTANDING FINES, 3 5 PENALTIES, FORFEITURES, AND RECOGNIZANCES. 3 6 The clerk of the district court shall make an 3 7 annual report in writing to the state court 3 8 administrator no later thanJanuaryAugust 15 of the 3 9 fines, penalties, forfeitures, and recognizances which 3 10 have not been paid, remitted, canceled, or otherwise 3 11 satisfied during the previouscalendarfiscal year. 3 12 Sec. . EFFECTIVE DATE. This Act takes effect 3 13 January 1, 1996." 3 14 #10. Title page, line 1, by inserting after the 3 15 word "payments" the following: "and providing an 3 16 effective date". 3 17 #11. By renumbering as necessary. 3 18 3 19 3 20 3 21 TOM VILSACK 3 22 SF 403.2 3 23 mk/cc/26
Text: S03189 Text: S03191 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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