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Senate File 2222

Partial Bill History

Bill Text

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 the drug abuse resistance education surcharge
  1 13 as provided by section surcharges 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.  The criminal penalty surcharge surcharges required by
  2 12 sections 911.2 and, 911.3, and 911.4 shall be added to a fine
  2 13 imposed on a misdemeanant, and is are 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 under section sections 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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