Text: SSB03051 Text: SSB03053 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 80A.5, subsection 3, Code 1999, is 1 2 amended to read as follows: 1 3 3. The fee for a two-year license for a bail enforcement 1 4 business, a private investigative agency, or a private 1 5 security agency isonetwo hundred dollars. 1 6 Sec. 2. Section 80A.7, subsection 2, Code 1999, is amended 1 7 to read as follows: 1 8 2. The fee for each identification card istentwenty 1 9 dollars. 1 10 Sec. 3. Section 100.1, Code 1999, is amended by added by 1 11 the following new subsection: 1 12 NEW SUBSECTION. 6. To adopt rules designating a fee to be 1 13 assessed to each building, structure, or facility for which a 1 14 fire safety inspection by the state fire marshal is required 1 15 as a condition of licensure. The fees collected by the state 1 16 fire marshal shall be deposited in the general fund of the 1 17 state and the moneys from the fees are appropriated to the 1 18 office of the state fire marshal for the purposes of 1 19 administering this chapter. 1 20 Sec. 4. Section 101.22, subsection 4, Code 1999, is 1 21 amended to read as follows: 1 22 4. The registration notice of the owner or operator to the 1 23 state fire marshal under subsections 1 through 3 shall be 1 24 accompanied byaan initial fee of ten dollars, valid until 1 25 the next June 30, and an annual renewal fee of ten dollars 1 26 thereafter, valid for a period commencing on July 1, and 1 27 terminating on June 30, for each tank included in the notice. 1 28 All moneys collected by the state fire marshal shall be 1 29 deposited in the general fund of the state and the moneys from 1 30 the fees are appropriated to the department of public safety 1 31 for the purposes of administering this chapter. The annual 1 32 renewal fee applies to all owners or operators who filed a 1 33 registration notice with the state fire marshal pursuant to 1 34 subsections 1 through 3. 1 35 Sec. 5. Section 101A.2, subsection 2, Code 1999, is 2 1 amended to read as follows: 2 2 2. Licenses shall be issued by the state fire marshal upon 2 3 payment of a fee ofsixtytwo hundred dollars, valid for a 2 4 period of one calendar year, commencing on January 1 and 2 5 terminating on December 31; however, an initial license may be 2 6 issued during any calendar year for the number of months 2 7 remaining in such calendar year, computed to the first day of 2 8 the month when the application for the license is approved. 2 9 The license fee shall be charged on a pro rata basis for the 2 10 number of months remaining in the year of issue. Applications 2 11 for renewal of licenses shall be submitted within thirty days 2 12 prior to the license expiration date and shall be accompanied 2 13 by payment of the prescribed annual fee. 2 14 Sec. 6. Section 101A.7, unnumbered paragraph 1, Code 1999, 2 15 is amended to read as follows: 2 16 The licensee's or permittee's explosive storage facility 2 17 shall be inspected at least once a year by a representative of 2 18 the state fire marshal's office, except that the state fire 2 19 marshal may, at those mining operations licensed and regulated 2 20 by the United States department of labor, accept an approved 2 21 inspection report issued by the United States department of 2 22 labor, mine safety and health administration, for the twelve- 2 23 month period following the issuance of the report. The state 2 24 fire marshal shall assess and collect a fee of one hundred 2 25 dollars for each inspection of a commercial explosive magazine 2 26 site. The state fire marshal shall notify the appropriate 2 27 city or county governing board of licenses to be issued in 2 28 their respective jurisdictions pursuant to this chapter. The 2 29 notification shall contain the name of the applicant to be 2 30 licensed, the location of the facilities to be used in storing 2 31 explosives, the types and quantities of explosive materials to 2 32 be stored, and other information deemed necessary by either 2 33 the governing boards or the state fire marshal. The facility 2 34 may be examined at other times by the sheriff of the county 2 35 where the facility is located or by the local police authority 3 1 if the facility is located within a city of over ten thousand 3 2 population and if the sheriff or city council considers it 3 3 necessary. 3 4 Sec. 7. Section 101A.12, Code 1999, is amended to read as 3 5 follows: 3 6 101A.12 DEPOSIT AND USE OF FEES. 3 7 The fees collected by the state fire marshal in issuing 3 8 licenses and conducting inspections shall be deposited in the 3 9stategeneral fund of the state and the moneys from the fees 3 10 are appropriated to the department of public safety for the 3 11 purposes of administering this chapter. 3 12 Sec. 8. Section 103A.23, Code 1999, is amended to read as 3 13 follows: 3 14 103A.23 FEES. 3 15 For the purpose of obtaining revenue to defray the costs of 3 16 administering the provisions of this chapter, the commissioner 3 17 shall establish by rule a schedule of fees based upon the 3 18 costs of administration which fees shall be collected from 3 19 persons whose manufacture, installation or construction is 3 20 subject to the provisions of the state building code. For the 3 21 performance of building plan reviews by the department of 3 22 public safety, the commissioner shall establish by rule a fee 3 23 which shall be equal to a percentage of the estimated total 3 24 valuation of the building. 3 25 All fees collected by the commissioner shall be deposited 3 26 inthe state treasury to the credit ofthe general fund of the 3 27 state and the moneys from the fees are appropriated to the 3 28 department of public safety for the purposes of administering 3 29 this chapter. 3 30 All federal grants to and federal receipts of the office of 3 31 state building code commissioner are appropriated for the 3 32 purpose set forth in the federal grants or receipts. 3 33 Sec. 9. Section 692A.6, Code 1999, is amended to read as 3 34 follows: 3 35 692A.6 REGISTRATION FEES AND CIVIL PENALTY FOR OFFENDERS. 4 1 1. At the time of filing a registration statement, or a 4 2 change of registration, with the sheriff of the county of 4 3 residence, a person who is required to register under this 4 4 chapter shall pay a fee oftentwenty dollars to the sheriff, 4 5 of which ten dollars shall be sent to the department. If, at 4 6 the time of registration, the person who is required to 4 7 register is unable to pay the fee, the sheriff may allow the 4 8 person time to pay the fee, permit the payment of the fee in 4 9 installments, or may waive payment of the fee. Fees paid to 4 10 and retained by the sheriff shall be used to defray the costs 4 11 of duties related to the registration of persons under this 4 12 chapter. Fees paid to the sheriff and sent to the department 4 13 shall be deposited in the general fund of the state and the 4 14 moneys from the fees are appropriated to the department to 4 15 offset the costs of administering this chapter. 4 16 2. In addition to any other penalty, at the time of 4 17 conviction for a public offense committed on or after July 1, 4 18 1995, which requires a person to register under this chapter, 4 19 the person shall be assessed a civil penalty oftwofour 4 20 hundred dollars, to be payable in the same manner as a fine. 4 21 The clerk of the district court shall transmit money collected 4 22 under this subsection each month to the treasurer of state, 4 23 who shall deposit ten percent of the moneys transmitted by the 4 24 clerk into the court technology and modernization fund, for 4 25 use for the purposes established in section 602.8108, 4 26 subsection 4, paragraph "a", and deposit the balance of the 4 27 moneys transmitted by the clerk into the sex offender registry 4 28 fund established under section 692A.11. 4 29 3. The fees required by this section shall not be assessed 4 30 against a person who has been acquitted by reason of insanity 4 31 of the offense which requires registration under this chapter. 4 32 Sec. 10. Section 724.9, Code 1999, is amended to read as 4 33 follows: 4 34 724.9 FIREARM TRAINING PROGRAM. 4 35 A training program to qualify persons in the safe use of 5 1 firearms shall be provided by the issuing officer of permits, 5 2 as provided in section 724.11. The commissioner of public 5 3 safety shall approve the training program, and the county 5 4 sheriff or the commissioner of public safety conducting the 5 5 training program within their respective jurisdictions may 5 6 contract with a private organization or use the services of 5 7 other agencies, or may use a combination of the two, to 5 8 provide such training. Any person eligible to be issued a 5 9 permit to carry weapons or permit to acquire pistols or 5 10 revolvers may enroll in such course. A fee sufficient to 5 11 cover the cost of the program may be charged each person 5 12 attending. Certificates of completion, on a form prescribed 5 13 and published by the commissioner of public safety, shall be 5 14 issued to each person who successfully completes the program. 5 15NoA person shall not be issued either a professional or 5 16 nonprofessional permit to carry weapons or a permit to acquire 5 17 pistols or revolvers, unless the person has received a 5 18 certificate of completion or is a certified peace officer or 5 19 certified reserve peace officer.NoA peace officer or 5 20 correctional officer, except a certified peace officer, shall 5 21 not go armed with a pistol or revolver unless the officer has 5 22 received a certificate of completion, provided that this 5 23 requirement shall not apply topersons who are employed in5 24this state as peace officers on January 1, 1978 until July 1,5 251978, or topeace officers of other jurisdictions exercising 5 26 their legal duties within this state. 5 27 Sec. 11. Section 724.10, Code 1999, is amended to read as 5 28 follows: 5 29 724.10 APPLICATION FOR PERMIT TO CARRY WEAPONS –CRIMINAL5 30HISTORYNATIONAL INSTANT CHECK SYSTEM CHECK REQUIRED. 5 31 A person shall not be issued a permit to carry weapons 5 32 unless the person has completed and signed an application on a 5 33 form to be prescribed and published by the commissioner of 5 34 public safety. The application shall state the full name, 5 35 social security number (optional), residence, andagedate of 6 1 birth of the applicant, and shall state whether the applicant 6 2 has ever been convicted of a felony, whether the person is 6 3 addicted to the use of alcohol or any controlled substance, 6 4 and whether the person has any history of mental illness or 6 5 repeated acts of violence. The applicant shall also display 6 6 an identification card that bears a distinguishing number 6 7 assigned to the card holder, the full name, date of birth, 6 8 sex, residence address, and a brief description and colored 6 9 photograph of the card holder.Upon notification that6 10criminal history data is available but not later than July 1,6 111991, theThe sheriff or commissioner of public safety shall 6 12 conductimmediatelyacriminal historycheck concerning each 6 13 applicantby obtaining criminal history data from the6 14department of public safetythrough the national instant check 6 15 system. A person who knowingly makes a false statement of 6 16 material fact on the application commits a class "D" felony. 6 17 Sec. 12. Section 724.11, Code 1999, is amended to read as 6 18 follows: 6 19 724.11 ISSUANCE OF PERMIT TO CARRY WEAPONS. 6 20 Applications for permits to carry weapons shall be made to 6 21 the sheriff of the county in which the applicant resides. 6 22 Applications from persons who are nonresidents of the state, 6 23 or whose need to go armed arises out of employment by the 6 24 state, shall be made to the commissioner of public safety. In 6 25 either case, the issuance of the permit shall be by and at the 6 26 discretion of the sheriff or commissioner, who shall, before 6 27 issuing the permit, determine that the requirements of 6 28 sections 724.6 to 724.10 have been satisfied. However, the 6 29 training program requirements in section 724.9 may be waived 6 30 for renewal permits. The issuing officer shall collect a fee 6 31 oftentwenty-five dollars, except from a duly appointed peace 6 32 officer, reserve police officer, or correctional officer, for 6 33 each new, duplicate, or renewal permit issued.Renewal6 34permits or duplicate permits shall be issued for a fee of five6 35dollars.The issuing officer shall notify the commissioner of 7 1 public safety of the issuance of any permit at least monthly 7 2 and forward to the commissioner an amount equal totwofive 7 3 dollars for each permit issuedand one dollar for each renewal7 4or duplicate permit issued. All such fees received by the 7 5 commissioner shall bepaid to the treasurer of state and7 6 deposited inthe operating account of the department of public7 7safetythe general fund of the state and the moneys from the 7 8 fees are appropriated to the department of public safety to 7 9 offset the cost of administering this chapter. Any unspent 7 10 balance as of June 30 of each year shall revert to the general 7 11 fund as provided by section 8.33. 7 12 Sec. 13. Section 724.17, Code 1999, is amended to read as 7 13 follows: 7 14 724.17 APPLICATION FOR ANNUAL PERMIT TO ACQUIRE – 7 15CRIMINAL HISTORYNATIONAL INSTANT CHECK SYSTEM CHECK REQUIRED. 7 16 The application for an annual permit to acquire pistols or 7 17 revolvers may be made to the sheriff of the county of the 7 18 applicant's residence and shall be on a form prescribed and 7 19 published by the commissioner of public safety. The 7 20 application shall state the full name of the applicant, the 7 21 social security number of the applicant, the residence of the 7 22 applicant, and theagedate of birth of the applicant. The 7 23 applicant shall also display an identification card that bears 7 24 a distinguishing number assigned to the cardholder, the full 7 25 name, date of birth, sex, residence address, and brief 7 26 description and colored photograph of the cardholder, or other 7 27 identification as specified by rule of the department of 7 28 public safety.Upon notification that criminal history data7 29is available but not later than July 1, 1991, theThe sheriff 7 30 or commissioner of public safety shall conduct acriminal7 31historycheck concerning each applicantby obtaining criminal7 32history data from the department of public safetythrough the 7 33 national instant check system. 7 34 Sec. 14. Section 724.19, Code 1999, is amended to read as 7 35 follows: 8 1 724.19 ISSUANCE OF ANNUAL PERMIT TO ACQUIRE. 8 2 The annual permit to acquire pistols or revolvers shall be 8 3 issued to the applicant immediately upon completion of the 8 4 application unless the applicant is disqualified under the 8 5 provisions of section 724.15 and shall be on a form prescribed 8 6 and published by the commissioner of public safety. The 8 7 permit shall contain the name of the permittee, the social 8 8 security number of the permittee, the residence of the 8 9 permittee, and the effective date of the permit. The issuing 8 10 officer shall collect a fee of twenty-five dollars for each 8 11 permit issued. The issuing officer shall notify the 8 12 commissioner of public safety of the issuance of any permit at 8 13 least monthly and forward to the commissioner an amount equal 8 14 to five dollars for each permit issued. All such fees 8 15 received by the commissioner shall be deposited in the general 8 16 fund of the state and the moneys from the fees are 8 17 appropriated to the department of public safety to offset the 8 18 cost of administering this chapter. 8 19 EXPLANATION 8 20 This bill provides numerous changes or increases in fees 8 21 collected by the department of public safety. In addition, 8 22 the bill changes some of the requirements governing weapons 8 23 permits. 8 24 Code sections 80A.5 and 80A.7 are amended to increase the 8 25 fees for identification cards of private security and 8 26 investigation employees from $10 to $20 and for licensing of a 8 27 private security or investigation or bail enforcement business 8 28 from $100 to $200. 8 29 Several changes, encompassing Code chapters 100, 101, 101A, 8 30 and 103A, are made concerning fees to be collected by the 8 31 office of the state fire marshal. 8 32 Code section 100.1 is amended to require the state fire 8 33 marshal to establish a fee for the inspection by the state 8 34 fire marshal's office of facilities requiring a state license. 8 35 The fees collected are appropriated to the state fire 9 1 marshal's office for administering Code chapter 100. 9 2 Code section 101.22 is amended to establish an annual 9 3 renewal fee for registration of aboveground tanks of $10 for 9 4 each renewal. The renewal fee is made applicable to owners or 9 5 operators of tanks regardless of when the initial registration 9 6 fee was paid. 9 7 Code section 101A.2 increases the license fee for an 9 8 operator of a commercial explosives site from $60 to $200. 9 9 Code section 101A.7 implements a fee of $100 for each 9 10 inspection of a commercial explosive magazine site. 9 11 Code section 101A.12 is amended to provide that inspection 9 12 and license fees collected by the state fire marshal are 9 13 appropriated to the department of public safety to administer 9 14 Code chapter 101A. 9 15 Code section 103A.23 is amended to require the commissioner 9 16 of public safety to implement a fee, to be adopted by rule, 9 17 for the review of building plans for construction subject to 9 18 the state building code. 9 19 Code section 692A.6 is amended to increase the fee for a 9 20 sex offender registration or change of registration 9 21 information from $10 to $20, of which $10 is to be sent to the 9 22 department of public safety and appropriated to offset the 9 23 costs of the department in administering this Code chapter. 9 24 In addition, the current civil penalty of $200 assessed a 9 25 person for an offense requiring registration as a sex offender 9 26 under Code chapter 692A is increased to $400. 9 27 Code section 724.9 is amended to require that any person 9 28 obtaining a permit to acquire handguns attend a firearm 9 29 training course. Currently, only those seeking permits to 9 30 carry a concealed weapon, but not a permit to acquire pistols 9 31 or revolvers, are required to attend. The bill also exempts 9 32 reserve peace officers from this training requirement. 9 33 Code sections 724.10 and 724.17 are amended to change the 9 34 requirement for a background check prior to the issuance of a 9 35 permit to carry weapons or to acquire pistols or revolvers 10 1 from the criminal history check to the national instant check 10 2 system. 10 3 Code section 724.11 is amended to increase the fee for 10 4 applications to carry concealed weapons from $10 for an 10 5 original application and $5 for a renewal or duplicate permit 10 6 to $25 for all applications. Of each $25 fee, $20 is to be 10 7 retained by the sheriff's office and $5 is to be sent and is 10 8 appropriated to the department of public safety. 10 9 Code section 724.19 is amended to establish a fee of $25 10 10 for a permit to acquire a pistol or revolver. Currently, 10 11 there is no fee. For each $25 fee collected, the sheriff 10 12 would retain $20 to process the application and the department 10 13 of public safety would receive $5 as an appropriation to 10 14 administer Code chapter 724. 10 15 LSB 5209DP 78 10 16 ec/cls/14
Text: SSB03051 Text: SSB03053 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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