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 5 jm/pj/5 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 thedrug abuse resistance education surcharge 1 9 as provided by sectionsurcharges 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. Thecriminal penalty surchargesurcharges required by 2 7 sections 911.2,and911.3, and 911.4 shall be added to a fine 2 8 imposed on a misdemeanant, andisare 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 undersectionsections 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 3 17 jm/pj/5