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Senate File 2059

Partial Bill History

Bill 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.  NEW SECTION.  331.430A  PUBLIC SAFETY FUND.
  1 12    1.  County revenues collected from fines and forfeitures
  1 13 received for violations of county ordinances pursuant to
  1 14 section 602.8106 shall be credited to the public safety fund
  1 15 of the county.
  1 16    2.  The board may make appropriations from the public
  1 17 safety fund for public safety services, including but not
  1 18 limited to the following:
  1 19    a.  Police and fire protection.
  1 20    b.  County jail maintenance and staffing.
  1 21    c.  County attorney services.
  1 22    Sec. 3.  Section 602.8106, subsection 3, Code Supplement
  1 23 1995, is amended to read as follows:
  1 24    3.  The clerk of the district court shall remit ninety
  1 25 percent of all fines and forfeited bail for violation of a
  1 26 county ordinance, except an ordinance relating to vehicle
  1 27 speed or weight restrictions, to the county treasurer of the
  1 28 county that was the plaintiff in the action for deposit in the
  1 29 county public safety fund established pursuant to section
  1 30 331.430A, and shall provide that county with a statement
  1 31 showing the total number of cases, the total of all fines and
  1 32 forfeited bail collected, and the total of all cases
  1 33 dismissed.  However, if a county ordinance provides a penalty
  1 34 for a violation which is also penalized under state law, the
  1 35 fines and forfeited bail collected for the violation shall be
  2  1 submitted to the state court administrator.  The remaining ten
  2  2 percent shall be submitted to the state court administrator.  
  2  3                           EXPLANATION
  2  4    This bill requires that the clerk of the district court
  2  5 remit 90 percent of all fines and forfeitures received from
  2  6 violations of county ordinances, except for violations
  2  7 relating to vehicle weight restrictions, to the county
  2  8 treasurer and the remaining 10 percent to the state court
  2  9 administrator.  These are the same percentages used for
  2 10 division of fines and forfeitures derived from violations of
  2 11 city ordinances.
  2 12    This bill also strikes the exception for ordinance
  2 13 violations relating to vehicle speed restrictions and the
  2 14 state law preemption of similar county ordinances.
  2 15    The bill directs that moneys received by the county shall
  2 16 be deposited in a public safety fund to be used by the county
  2 17 for public safety services, such as police, fire, jails, and
  2 18 county attorney services.  
  2 19 LSB 3418XS 76
  2 20 ec/jj/8
     
Text: SF02058                           Text: SF02060
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index
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