House File 2456
HOUSE FILE
BY COMMITTEE ON PUBLIC
SAFETY
(SUCCESSOR TO HF 2292)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act establishing a county enforcement surcharge for citations
2 issued by the county sheriff.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6073HV 80
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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 five dollar county enforcement surcharge to
1 5 be assessed pursuant to section 911.4.
1 6 Sec. 2. Section 602.8102, subsection 135A, Code Supplement
1 7 2003, is amended to read as follows:
1 8 135A. Assess the drug abuse resistance education surcharge
1 9 as provided by section surcharges provided by sections 911.2,
1 10 911.3, and 911.4.
1 11 Sec. 3. Section 602.8102, subsection 135B, Code Supplement
1 12 2003, is amended by striking the subsection.
1 13 Sec. 4. Section 602.8107, subsection 4, unnumbered
1 14 paragraph 2, Code Supplement 2003, is amended to read as
1 15 follows:
1 16 This subsection does not apply to amounts collected for
1 17 victim restitution, the victim compensation fund, criminal
1 18 penalty surcharge, law enforcement initiative surcharge,
1 19 county enforcement surcharge, amounts collected as a result of
1 20 procedures initiated under subsection 5 or under section
1 21 8A.504, or sheriff's room and board fees.
1 22 Sec. 5. Section 602.8108, Code Supplement 2003, is amended
1 23 by adding the following new subsection:
1 24 NEW SUBSECTION. 4A. The clerk of the district court shall
1 25 remit all moneys collected from the county enforcement
1 26 surcharge to the county where the citation was issued for
1 27 deposit in the county general fund no later than the fifteenth
1 28 day of each month.
1 29 Sec. 6. Section 805.8, subsection 1, Code 2003, is amended
1 30 to read as follows:
1 31 1. APPLICATION. Except as otherwise indicated, violations
1 32 of sections of the Code specified in sections 805.8A, 805.8B,
1 33 and 805.8C are scheduled violations, and the scheduled fine
1 34 for each of those violations is as provided in those sections,
1 35 whether the violation is of state law or of a county or city
2 1 ordinance. The criminal penalty surcharge required by section
2 2 911.2 and the county enforcement surcharge required by section
2 3 911.4, if applicable, shall be added to the scheduled fine.
2 4 Sec. 7. Section 903.1, subsection 4, Code 2003, is amended
2 5 to read as follows:
2 6 4. The criminal penalty surcharge surcharges required by
2 7 sections 911.2, and 911.3, and 911.4 shall be added to a fine
2 8 imposed on a misdemeanant, and is are not a part of or subject
2 9 to the maximums set in this section.
2 10 Sec. 8. Section 909.8, Code 2003, is amended to read as
2 11 follows:
2 12 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TO
2 13 SURCHARGE.
2 14 The provisions of this chapter governing the payment and
2 15 collection of a fine, except section 909.3A, also apply to the
2 16 payment and collection of surcharges imposed pursuant to
2 17 chapter 911. However, section 909.10 shall not apply to
2 18 surcharges assessed under section sections 911.3 and 911.4.
2 19 Sec. 9. NEW SECTION. 911.4 COUNTY ENFORCEMENT SURCHARGE.
2 20 1. If the county has adopted a resolution pursuant to
2 21 section 331.301, subsection 16, and a court imposes a fine or
2 22 forfeiture for any simple misdemeanor punishable as a
2 23 scheduled violation pursuant to a citation issued by the
2 24 sheriff as defined in section 331.101, the court or the clerk
2 25 of the district court shall assess a surcharge in the amount
2 26 of five dollars for each applicable violation in addition to
2 27 any fine, forfeiture, or other surcharge.
2 28 2. Pursuant to section 602.8108, subsection 4A, the
2 29 surcharge shall be deposited in the county general fund of the
2 30 county where the citation was issued.
2 31 3. The surcharge is subject to the provisions of chapter
2 32 909 governing the payment and collection of fines, as provided
2 33 in section 909.8.
2 34 EXPLANATION
2 35 This bill imposes a county enforcement surcharge of $5 on
3 1 fines or forfeitures imposed pursuant to citations issued by
3 2 the county sheriff for state violations punishable as a
3 3 scheduled fine, if the board of supervisors has authorized the
3 4 assessment of the surcharge for that county. The county
3 5 enforcement surcharge is in addition to the fine and any other
3 6 surcharge currently assessed.
3 7 The bill directs the clerk of the district court to remit
3 8 all moneys collected in the preceding month from the county
3 9 enforcement surcharge to the county where the citation was
3 10 issued for deposit in the county general fund.
3 11 The bill provides that the county enforcement surcharge is
3 12 exempt from the Code provisions allowing a county to retain a
3 13 portion of delinquent surcharges collected by the county
3 14 attorney because the county enforcement surcharge is already
3 15 payable to the county.
3 16 LSB 6073HV 80
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