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Text: S03189                            Text: S03191
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Senate Amendment 3190

Amendment Text

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 34 as a civil penalty or restitution as defined and
  1 35 ordered under sections 910.1 and 910.2 incurred as a
  1 36 result of services provided under chapters 13B and
  1 37 815, 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 debt against,
  1 42 and deduct, plus a fee established by rule to reflect
  1 43 the cost of processing from, 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 amount and has
  2 28 transferred collection responsibilities to the
  2 29 department 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:  "a does 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:  "of
  2 43 commitment to collect delinquent obligations pursuant
  2 44 to and 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 the
  2 47 state, 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 than January August 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 previous calendar fiscal 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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