Text: SF02078 Text: SF02080 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 80.41 SPEEDING VIOLATION 1 2 SURCHARGE FUND. 1 3 1. A speeding violation surcharge fund is created in the 1 4 state treasury under the control of the department of public 1 5 safety. The fund shall consist of moneys collected from the 1 6 speeding violation surcharge under section 911.4 and credited 1 7 to the fund pursuant to this section. Section 8.33 does not 1 8 apply to moneys in the fund and, notwithstanding section 1 9 12C.7, subsection 2, earnings or interest on moneys deposited 1 10 in the fund shall be credited to the fund. Moneys in the fund 1 11 are appropriated to the department of public safety to be used 1 12 for the purposes and programs under the authority of the 1 13 department. 1 14 2. For the fiscal year beginning July 1, 2005, and for 1 15 subsequent fiscal years, the director of transportation shall 1 16 submit an annual statement to the treasurer of state of the 1 17 average number of convictions reported annually pursuant to 1 18 section 321.491 for the previous five calendar years for 1 19 speeding violations punishable under section 805.8A, 1 20 subsection 5, paragraph "a", subparagraphs (3) through (5), 1 21 and section 805.8A, subsection 5, paragraph "b", subparagraphs 1 22 (3) through (5). All moneys collected from the speeding 1 23 violation surcharge under section 911.4 and deposited in the 1 24 general fund shall be credited to the speeding violation 1 25 surcharge fund, except that the amount credited for a fiscal 1 26 year shall not exceed the sum of revenues that would derive 1 27 from the application of the surcharge to the annual average 1 28 number of convictions for the preceding five calendar years as 1 29 determined under this subsection. Any revenues collected from 1 30 the speeding violation surcharge in excess of the amount 1 31 appropriated for a fiscal year pursuant to this section shall 1 32 be retained in the general fund of the state. 1 33 Sec. 2. Section 602.8102, Code Supplement 2003, is amended 1 34 by adding the following new subsection: 1 35 NEW SUBSECTION. 135C. Assess the speeding violation 2 1 surcharge as provided by section 911.4. 2 2 Sec. 3. Section 602.8107, subsection 4, unnumbered 2 3 paragraph 2, Code Supplement 2003, is amended to read as 2 4 follows: 2 5 This subsection does not apply to amounts collected for 2 6 victim restitution, the victim compensation fund, criminal 2 7 penalty surcharge, law enforcement initiative surcharge, 2 8 speeding violation surcharge, amounts collected as a result of 2 9 procedures initiated under subsection 5 or under section 2 10 8A.504, or sheriff's room and board fees. 2 11 Sec. 4. Section 602.8108, subsection 4, Code Supplement 2 12 2003, is amended to read as follow: 2 13 4. When a court assesses the law enforcement initiative 2 14 surcharge under section 911.3, or the speeding violation 2 15 surcharge under section 911.4, the clerk of court shall remit 2 16 to the treasurer of the state, no later than the fifteenth day 2 17 of each month, all the moneys collected during the preceding 2 18 month, for deposit in the general fund of the state. 2 19 Sec. 5. Section 805.8A, subsection 5, Code Supplement 2 20 2003, is amended by adding the following new paragraph: 2 21 NEW PARAGRAPH. bb. In addition to the criminal penalty 2 22 surcharge assessed pursuant to chapter 911, the speeding 2 23 violation surcharge specified in section 911.4 shall be added 2 24 to the scheduled fines in paragraph "a", subparagraphs (3) 2 25 through (5), and paragraph "b", subparagraphs (3) through (5). 2 26 Sec. 6. Section 909.8, Code 2003, is amended to read as 2 27 follows: 2 28 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TO 2 29 SURCHARGE. 2 30 The provisions of this chapter governing the payment and 2 31 collection of a fine, except section 909.3A, also apply to the 2 32 payment and collection of surcharges imposed pursuant to 2 33 chapter 911. However, section 909.10 shall not apply to 2 34 surcharges assessed undersectionsections 911.3 and 911.4. 2 35 Sec. 7. NEW SECTION. 911.4 SPEEDING VIOLATION SURCHARGE. 3 1 1. In addition to the criminal penalty surcharge assessed 3 2 pursuant to this chapter, a speeding violation surcharge shall 3 3 be assessed by the clerk of the district court as follows when 3 4 the court imposes a fine for a scheduled violation under any 3 5 of the following provisions: 3 6 a. For a violation for speeding more than ten but not more 3 7 than fifteen miles per hour over the speed limit under section 3 8 805.8A, subsection 5, paragraph "a", subparagraph (3), or 3 9 section 805.8A, subsection 5, paragraph "b", subparagraph (3), 3 10 the surcharge is fifty dollars. 3 11 b. For a violation for speeding more than fifteen but not 3 12 more than twenty miles per hour over the speed limit under 3 13 section 805.8A, subsection 5, paragraph "a", subparagraph (4), 3 14 or section 805.8A, subsection 5, paragraph "b", subparagraph 3 15 (4), the surcharge is one hundred dollars. 3 16 c. For a violation for speeding more than twenty miles per 3 17 hour over the speed limit under section 805.8A, subsection 5, 3 18 paragraph "a", subparagraph (5), or section 805.8A, subsection 3 19 5, paragraph "b", subparagraph (5), the surcharge is two 3 20 hundred dollars. 3 21 2. The surcharge shall be deposited in the general fund of 3 22 the state and credited to the speeding violation surcharge 3 23 fund pursuant to section 80.41. 3 24 3. The surcharge is subject to the provisions of chapter 3 25 909 governing the payment and collection of fines, as provided 3 26 in section 909.8. 3 27 EXPLANATION 3 28 This bill creates a speeding violation surcharge for 3 29 excessive speed violations committed by speeding 10 miles per 3 30 hour or more over the speed limit. For speeding violations 3 31 more than 10 but not more than 15 miles per hour over the 3 32 speed limit, the surcharge is $50. For speeding violations 3 33 more than 15 but not more than 20 miles per hour over the 3 34 speed limit, the surcharge is $100. For speeding violations 3 35 more than 20 miles per hour over the speed limit, the 4 1 surcharge is $200. The surcharge is in addition to scheduled 4 2 fines and the criminal penalty surcharge currently imposed for 4 3 such violations. Moneys from the surcharge are to be 4 4 deposited initially in the general fund of the state. 4 5 The bill creates a speeding violation surcharge fund and 4 6 appropriates moneys in the fund to the department of public 4 7 safety. The fund consists of moneys collected from the 4 8 speeding violation surcharge and deposited in the general 4 9 fund, then credited annually to the speeding violation 4 10 surcharge fund, up to the amount that would derive from 4 11 application of the surcharge to the average number of 4 12 convictions reported to the state department of transportation 4 13 for the last five years for the type of violations subject to 4 14 the surcharge. Revenues collected from the surcharge which 4 15 are in excess of the amount appropriated to the department of 4 16 public safety for a fiscal year are to be retained in the 4 17 general fund of the state. 4 18 The bill directs that a clerk of court shall remit all 4 19 moneys collected in the preceding month from the speeding 4 20 violation surcharge to the treasurer of state for deposit in 4 21 the general fund. Speeding violation surcharges are exempt 4 22 from Code provisions allowing a county to retain a portion of 4 23 delinquent surcharges collected by a county attorney and 4 24 requiring that delinquent fines collected by the clerk of 4 25 court be deposited in a judicial revolving fund. 4 26 LSB 5540XS 80 4 27 dea/pj/5
Text: SF02078 Text: SF02080 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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