House Amendment 8381


PAG LIN

     1  1    Amend Senate File 2357, as amended, passed, and
     1  2 reprinted by the Senate, as follows:
     1  3 #1.  By striking everything after the enacting clause
     1  4 and inserting:
     1  5    <Section 1.  Section 423.4, Code Supplement 2009, is
     1  6 amended by adding the following new subsection:
     1  7    NEW SUBSECTION.  9.  A person in possession of a
     1  8 certificate of completion of a self=defense training
     1  9 course issued pursuant to section 724.9A may apply to
     1 10 the director for a refund of the amount of sales tax
     1 11 imposed and paid upon purchases of self=defense items
     1 12 and firearms made by the applicant as provided in
     1 13 section 724.9A.
     1 14    Sec. 2.  Section 602.8102, subsection 135A, Code
     1 15 2009, is amended to read as follows:
     1 16    135A.  Assess the surcharges provided by sections
     1 17 911.1, 911.2, 911.3, and 911.4, and 911.5.
     1 18    Sec. 3.  Section 602.8108, subsection 2, Code
     1 19 Supplement 2009, is amended to read as follows:
     1 20    2.  Except as otherwise provided, the clerk of the
     1 21 district court shall report and submit to the state
     1 22 court administrator, not later than the fifteenth
     1 23 day of each month, the fines and fees received during
     1 24 the preceding calendar month. Except as provided in
     1 25 subsections 3, 4, 5, 7, 8, 9, and 10, and 11, the state
     1 26 court administrator shall deposit the amounts received
     1 27 with the treasurer of state for deposit in the general
     1 28 fund of the state. The state court administrator shall
     1 29 report to the legislative services agency within thirty
     1 30 days of the beginning of each fiscal quarter the amount
     1 31 received during the previous quarter in the account
     1 32 established under this section.
     1 33    Sec. 4.  Section 602.8108, Code 2009, is amended by
     1 34 adding the following new subsection:
     1 35    NEW SUBSECTION.  11.  The clerk of the district
     1 36 court shall remit all moneys collected from the
     1 37 domestic abuse assault surcharge provided in section
     1 38 911.5 to the state court administrator no later than
     1 39 the fifteenth day of each month for deposit in the
     1 40 domestic abuse assault fund created in section 708.2D.
     1 41    Sec. 5.  NEW SECTION.  708.2D  Domestic abuse assault
     1 42 fund.
     1 43    A domestic abuse assault fund is established as a
     1 44 separate fund in the state treasury. Moneys deposited
     1 45 in the fund shall be administered by the department of
     1 46 justice and dedicated and used for purposes of funding
     1 47 the self=defense training course in section 724.9A.
     1 48    Sec. 6.  NEW SECTION.  724.9A  Self=defense training
     1 49 course == sales tax refund for self=defense items.
     1 50    1.  A self=defense training course consisting
     2  1 of physical defense training and firearms training
     2  2 shall be offered by the county sheriff to all county
     2  3 residents who have been victims of domestic abuse, who
     2  4 have been granted a protective order or a no=contact
     2  5 order, or who, in the discretion of the county
     2  6 sheriff, would otherwise benefit from such training.
     2  7 The sheriff shall notify shelter services and other
     2  8 support services provided to victims of domestic abuse
     2  9 of the availability of such training. The training
     2 10 course shall be offered at no cost to all eligible
     2 11 participants.
     2 12    2.  Upon successful completion of such a course,
     2 13 the county sheriff shall issue a participant a
     2 14 certification of completion allowing such person
     2 15 to apply to the department of revenue pursuant to
     2 16 section 423.4 for a sales tax refund on purchases
     2 17 of self=defense items and firearms made by the
     2 18 participant within ninety days from the issuance of the
     2 19 certificate.
     2 20    Sec. 7.  Section 903.1, subsection 4, Code 2009, is
     2 21 amended to read as follows:
     2 22    4.  The surcharges required by sections 911.1,
     2 23 911.2, 911.3, and 911.4, and 911.5 shall be added to
     2 24 a fine imposed on a misdemeanant as provided in those
     2 25 sections, and are not a part of or subject to the
     2 26 maximums set in this section.
     2 27    Sec. 8.  NEW SECTION.  911.5  Domestic abuse assault
     2 28 surcharge
     2 29    1.  In addition to any other surcharge, the court
     2 30 or clerk of the district court shall assess a domestic
     2 31 abuse assault surcharge of five hundred dollars if an
     2 32 adjudication of guilt or a deferred judgment has been
     2 33 entered for a criminal violation of section 708.2A.
     2 34    2.  In the event of multiple offenses, the surcharge
     2 35 shall be imposed for each applicable offense.
     2 36    3.  The surcharge shall be remitted by the clerk of
     2 37 court as provided in section 602.8108, subsection 11.>
     2 38 #2.  Title page, by striking lines 1 through 5 and
     2 39 inserting <An Act relating to physical defense training
     2 40 and firearms training and providing for a sales tax
     2 41 refund.>


                                        
          WINDSCHITL of Harrison
          SF2357.1937 (6) 83
          rh/rj

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