Text: SF02221 Text: SF02223 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 331.301, Code 2003, is amended by 1 2 adding the following new subsection: 1 3 NEW SUBSECTION. 16. The board of supervisors may by 1 4 resolution allow a fifteen dollar surcharge to be assessed 1 5 against all violations of chapter 321 in the county. The 1 6 resolution must specify the moneys raised from the fifteen 1 7 dollar surcharge be used for courthouse security and specify 1 8 the types of security measures that will be implemented with 1 9 such moneys. 1 10 Sec. 2. Section 602.8102, subsection 135A, Code Supplement 1 11 2003, is amended to read as follows: 1 12 135A. Assess thedrug abuse resistance education surcharge1 13as provided by sectionsurcharges provided by sections 911.2, 1 14 911.3, and 911.4. 1 15 Sec. 3. Section 602.8102, subsection 135B, Code Supplement 1 16 2003, is amended by striking the subsection. 1 17 Sec. 4. Section 602.8107, subsection 4, unnumbered 1 18 paragraph 2, Code Supplement 2003, is amended as follows: 1 19 This subsection does not apply to amounts collected for 1 20 victim restitution, the victim compensation fund, criminal 1 21 penalty surcharge, law enforcement initiative surcharge, 1 22 courthouse security surcharge, amounts collected as a result 1 23 of procedures initiated under subsection 5 or under section 1 24 8A.504, or sheriff's room and board fees. 1 25 Sec. 5. Section 602.8108, Code Supplement 2003, is amended 1 26 by adding the following new subsection: 1 27 NEW SUBSECTION. 4A. The clerk of the district court shall 1 28 remit all moneys collected from the courthouse security 1 29 surcharge to the county where a violation of section 321 1 30 occurred for deposit in the county general fund no later than 1 31 the fifteenth day of each month, if the county has adopted a 1 32 resolution pursuant to section 331.301, subsection 16. 1 33 Sec. 6. Section 805.8, subsection 1, Code 2003, is amended 1 34 to read as follows: 1 35 1. APPLICATION. Except as otherwise indicated, violations 2 1 of sections of the Code specified in sections 805.8A, 805.8B, 2 2 and 805.8C are scheduled violations, and the scheduled fine 2 3 for each of those violations is as provided in those sections, 2 4 whether the violation is of state law or of a county or city 2 5 ordinance. The criminal penalty surcharge required by section 2 6 911.2 and the courthouse security surcharge required by 2 7 section 911.4, if applicable, shall be added to the scheduled 2 8 fine. 2 9 Sec. 7. Section 903.1, subsection 4, Code 2003, is amended 2 10 to read as follows: 2 11 4. Thecriminal penalty surchargesurcharges required by 2 12 sections 911.2and, 911.3, and 911.4 shall be added to a fine 2 13 imposed on a misdemeanant, andisare not a part of or subject 2 14 to the maximums set in this section. 2 15 Sec. 8. Section 909.8, Code 2003, is amended to read as 2 16 follows: 2 17 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TO 2 18 SURCHARGE. 2 19 The provisions of this chapter governing the payment and 2 20 collection of a fine, except section 909.3A, also apply to the 2 21 payment and collection of surcharges imposed pursuant to 2 22 chapter 911. However, section 909.10 shall not apply to 2 23 surcharges assessed undersectionsections 911.3 and 911.4. 2 24 Sec. 9. NEW SECTION. 911.4 COURTHOUSE SECURITY 2 25 SURCHARGE. 2 26 1. The court or the clerk of the district court shall 2 27 assess a surcharge in the amount of fifteen dollars for each 2 28 violation of chapter 321, if the county board of supervisors 2 29 in the county in which the violation occurred has passed a 2 30 resolution pursuant to section 331.301, subsection 16, 2 31 authorizing a courthouse security surcharge. 2 32 2. Pursuant to section 602.8108, subsection 4A, the 2 33 surcharge shall be deposited in the county general fund of the 2 34 county where the offense occurred. 2 35 3. The surcharge is subject to the provisions of chapter 3 1 909 governing the payment and collection of fines, as provided 3 2 in section 909.8. 3 3 EXPLANATION 3 4 This bill allows a county to impose a courthouse security 3 5 surcharge for a violation of Code chapter 321. 3 6 The bill provides that if a county adopts a resolution 3 7 allowing a surcharge to be imposed for violations of Code 3 8 chapter 321 which occur in the county, the court or the clerk 3 9 of the district court shall assess a $15 surcharge on such 3 10 violations. 3 11 The bill directs the clerk of the district court to remit 3 12 all courthouse surcharge moneys to the county where the 3 13 violation of Code chapter 321 occurred for deposit in the 3 14 county general fund. The bill requires all courthouse 3 15 security surcharge moneys to be used by the county for 3 16 courthouse security. 3 17 The bill provides that the courthouse security surcharge is 3 18 exempt from the Code provisions allowing a county to retain a 3 19 portion of delinquent surcharges collected by the county 3 20 attorney because the courthouse security surcharge is already 3 21 payable to the county. 3 22 LSB 5851SS 80 3 23 jm/pj/5
Text: SF02221 Text: SF02223 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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