House File 2569

PAG LIN

  1  1                                             HOUSE FILE 2569
  1  2
  1  3                             AN ACT
  1  4 ESTABLISHING A COUNTY ENFORCEMENT SURCHARGE FOR CITATIONS
  1  5    ISSUED BY THE COUNTY SHERIFF.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  Section 331.301, Code 2003, is amended by
  1 10 adding the following new subsection:
  1 11    NEW SUBSECTION.  16.  The board of supervisors may by
  1 12 resolution allow a five dollar county enforcement surcharge to
  1 13 be assessed pursuant to section 911.4.
  1 14    Sec. 2.  Section 602.8102, subsection 135A, Code Supplement
  1 15 2003, is amended to read as follows:
  1 16    135A.  Assess the drug abuse resistance education surcharge
  1 17 as provided by section surcharges provided by sections 911.2,
  1 18 911.3, and 911.4.
  1 19    Sec. 3.  Section 602.8102, subsection 135B, Code Supplement
  1 20 2003, is amended by striking the subsection.
  1 21    Sec. 4.  Section 602.8107, subsection 4, unnumbered
  1 22 paragraph 2, Code Supplement 2003, is amended to read as
  1 23 follows:
  1 24    This subsection does not apply to amounts collected for
  1 25 victim restitution, the victim compensation fund, criminal
  1 26 penalty surcharge, law enforcement initiative surcharge,
  1 27 county enforcement surcharge, amounts collected as a result of
  1 28 procedures initiated under subsection 5 or under section
  1 29 8A.504, or sheriff's room and board fees.
  1 30    Sec. 5.  Section 602.8108, Code Supplement 2003, is amended
  1 31 by adding the following new subsection:
  1 32    NEW SUBSECTION.  4A.  The clerk of the district court shall
  1 33 remit all moneys collected from the county enforcement
  1 34 surcharge to the county where the citation was issued for
  1 35 deposit in the county general fund no later than the fifteenth
  2  1 day of each month.
  2  2    Sec. 6.  Section 805.8, subsection 1, Code 2003, is amended
  2  3 to read as follows:
  2  4    1.  APPLICATION.  Except as otherwise indicated, violations
  2  5 of sections of the Code specified in sections 805.8A, 805.8B,
  2  6 and 805.8C are scheduled violations, and the scheduled fine
  2  7 for each of those violations is as provided in those sections,
  2  8 whether the violation is of state law or of a county or city
  2  9 ordinance.  The criminal penalty surcharge required by section
  2 10 911.2 and the county enforcement surcharge required by section
  2 11 911.4, if applicable, shall be added to the scheduled fine.
  2 12    Sec. 7.  Section 903.1, subsection 4, Code 2003, is amended
  2 13 to read as follows:
  2 14    4.  The criminal penalty surcharge surcharges required by
  2 15 sections 911.2, and 911.3, and 911.4 shall be added to a fine
  2 16 imposed on a misdemeanant, and is are not a part of or subject
  2 17 to the maximums set in this section.
  2 18    Sec. 8.  Section 909.8, Code 2003, is amended to read as
  2 19 follows:
  2 20    909.8  PAYMENT AND COLLECTION PROVISIONS APPLY TO
  2 21 SURCHARGE.
  2 22    The provisions of this chapter governing the payment and
  2 23 collection of a fine, except section 909.3A, also apply to the
  2 24 payment and collection of surcharges imposed pursuant to
  2 25 chapter 911.  However, section 909.10 shall not apply to
  2 26 surcharges assessed under section sections 911.3 and 911.4.
  2 27    Sec. 9.  NEW SECTION.  911.4  COUNTY ENFORCEMENT SURCHARGE.
  2 28    1.  If the county has adopted a resolution pursuant to
  2 29 section 331.301, subsection 16, and a court imposes a fine or
  2 30 forfeiture for any simple misdemeanor punishable as a
  2 31 scheduled violation pursuant to a citation issued by the
  2 32 sheriff as defined in section 331.101, the court or the clerk
  2 33 of the district court shall assess a surcharge in the amount
  2 34 of five dollars for each applicable violation in addition to
  2 35 any fine, forfeiture, or other surcharge.
  3  1    2.  Pursuant to section 602.8108, subsection 4A, the
  3  2 surcharge shall be deposited in the county general fund of the
  3  3 county where the citation was issued.
  3  4    3.  The surcharge is subject to the provisions of chapter
  3  5 909 governing the payment and collection of fines, as provided
  3  6 in section 909.8.
  3  7
  3  8
  3  9                                                             
  3 10                               CHRISTOPHER C. RANTS
  3 11                               Speaker of the House
  3 12
  3 13
  3 14                                                             
  3 15                               JEFFREY M. LAMBERTI
  3 16                               President of the Senate
  3 17
  3 18    I hereby certify that this bill originated in the House and
  3 19 is known as House File 2569, Eightieth General Assembly.
  3 20
  3 21
  3 22                                                             
  3 23                               MARGARET THOMSON
  3 24                               Chief Clerk of the House
  3 25 Approved                , 2004
  3 26
  3 27
  3 28                            
  3 29 THOMAS J. VILSACK
  3 30 Governor