House File 2137
HOUSE FILE
BY PAULSEN, WILDERDYKE,
BAUDLER, and TJEPKES
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act establishing a surcharge for certain speeding violations,
2 creating a state patrol revolving fund, and making an
3 appropriation.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. NEW SECTION. 80.41 STATE PATROL REVOLVING
1 2 FUND.
1 3 A state patrol revolving fund is created in the state
1 4 treasury under the control of the department of public safety.
1 5 The fund shall consist of moneys collected from the speeding
1 6 violation surcharge under section 911.4, moneys appropriated
1 7 by the general assembly, and any other moneys obtained or
1 8 accepted by the department for deposit in the revolving fund.
1 9 The proceeds of the revolving fund are appropriated to and
1 10 shall be used by the department of public safety for
1 11 employment of peace officers in the Iowa state patrol division
1 12 and purchase and maintenance of equipment required for the
1 13 performance of the officers' duties. Section 8.33 does not
1 14 apply to any moneys in the revolving fund and, notwithstanding
1 15 section 12C.7, subsection 2, earnings or interest on moneys
1 16 deposited in the revolving fund shall be credited to the
1 17 revolving fund.
1 18 Sec. 2. Section 602.8102, Code Supplement 2003, is amended
1 19 by adding the following new subsection:
1 20 NEW SUBSECTION. 135C. Assess the speeding violation
1 21 surcharge as provided by section 911.4.
1 22 Sec. 3. Section 602.8107, subsection 4, unnumbered
1 23 paragraph 2, Code Supplement 2003, is amended to read as
1 24 follows:
1 25 This subsection does not apply to amounts collected for
1 26 victim restitution, the victim compensation fund, criminal
1 27 penalty surcharge, law enforcement initiative surcharge,
1 28 speeding violation surcharge, amounts collected as a result of
1 29 procedures initiated under subsection 5 or under section
1 30 8A.504, or sheriff's room and board fees.
1 31 Sec. 4. Section 602.8108, Code Supplement 2003, is amended
1 32 by adding the following new subsection:
1 33 NEW SUBSECTION. 4A. When a court assesses the speeding
1 34 violation surcharge under section 911.4, the clerk of court
1 35 shall remit to the treasurer of state, no later than the
2 1 fifteenth day of each month, all the moneys collected during
2 2 the preceding month, for deposit in the state patrol revolving
2 3 fund created in section 80.41.
2 4 Sec. 5. Section 805.8A, subsection 5, paragraph b, Code
2 5 Supplement 2003, is amended by adding the following new
2 6 unnumbered paragraph:
2 7 NEW UNNUMBERED PARAGRAPH. In addition to the criminal
2 8 penalty surcharge assessed pursuant to chapter 911, the
2 9 speeding violation surcharge required by section 911.4 shall
2 10 be added to the scheduled fines in this lettered paragraph.
2 11 Sec. 6. Section 909.8, Code 2003, is amended to read as
2 12 follows:
2 13 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TO
2 14 SURCHARGE.
2 15 The provisions of this chapter governing the payment and
2 16 collection of a fine, except section 909.3A, also apply to the
2 17 payment and collection of surcharges imposed pursuant to
2 18 chapter 911. However, section 909.10 shall not apply to
2 19 surcharges assessed under section sections 911.3 and 911.4.
2 20 Sec. 7. NEW SECTION. 911.4 SPEEDING VIOLATION SURCHARGE.
2 21 1. In addition to the criminal penalty surcharge assessed
2 22 pursuant to this chapter, a speeding violation surcharge of
2 23 fifty dollars shall be assessed by the clerk of the district
2 24 court when the court imposes a fine for a scheduled violation
2 25 under section 805.8A, subsection 5, paragraph "b".
2 26 2. The surcharge shall be deposited in the state patrol
2 27 revolving fund created in section 80.41.
2 28 3. The surcharge is subject to the provisions of chapter
2 29 909 governing the payment and collection of fines, as provided
2 30 in section 909.8.
2 31 EXPLANATION
2 32 This bill imposes a speeding violation surcharge of $50 for
2 33 excessive speed violations committed in a speed zone greater
2 34 than 55 miles per hour. The speeding violation surcharge is
2 35 in addition to the scheduled fine and criminal penalty
3 1 surcharge currently assessed for such speeding violations.
3 2 The bill creates a state patrol revolving fund under the
3 3 control of the department of public safety for deposit of
3 4 moneys collected from the speeding violation surcharge.
3 5 Moneys in the fund are appropriated to the department for
3 6 employment and equipment of peace officers in the Iowa state
3 7 patrol division.
3 8 The bill directs that a clerk of court shall remit all
3 9 moneys collected in the preceding month from the speeding
3 10 violation surcharge to the treasurer of state for deposit in
3 11 the state patrol revolving fund. Speeding violation
3 12 surcharges are exempt from Code provisions allowing a county
3 13 to retain a portion of delinquent surcharges collected by a
3 14 county attorney and requiring that delinquent fines collected
3 15 by the clerk of court be deposited in a judicial revolving
3 16 fund.
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