Senate File 2079
SENATE FILE
BY KREIMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act establishing a surcharge for certain speeding violations,
2 creating a speeding violation surcharge 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 SPEEDING VIOLATION
1 2 SURCHARGE FUND.
1 3 1. A speeding violation surcharge fund is created in the
1 4 state treasury under the control of the department of public
1 5 safety. The fund shall consist of moneys collected from the
1 6 speeding violation surcharge under section 911.4 and credited
1 7 to the fund pursuant to this section. Section 8.33 does not
1 8 apply to moneys in the fund and, notwithstanding section
1 9 12C.7, subsection 2, earnings or interest on moneys deposited
1 10 in the fund shall be credited to the fund. Moneys in the fund
1 11 are appropriated to the department of public safety to be used
1 12 for the purposes and programs under the authority of the
1 13 department.
1 14 2. For the fiscal year beginning July 1, 2005, and for
1 15 subsequent fiscal years, the director of transportation shall
1 16 submit an annual statement to the treasurer of state of the
1 17 average number of convictions reported annually pursuant to
1 18 section 321.491 for the previous five calendar years for
1 19 speeding violations punishable under section 805.8A,
1 20 subsection 5, paragraph "a", subparagraphs (3) through (5),
1 21 and section 805.8A, subsection 5, paragraph "b", subparagraphs
1 22 (3) through (5). All moneys collected from the speeding
1 23 violation surcharge under section 911.4 and deposited in the
1 24 general fund shall be credited to the speeding violation
1 25 surcharge fund, except that the amount credited for a fiscal
1 26 year shall not exceed the sum of revenues that would derive
1 27 from the application of the surcharge to the annual average
1 28 number of convictions for the preceding five calendar years as
1 29 determined under this subsection. Any revenues collected from
1 30 the speeding violation surcharge in excess of the amount
1 31 appropriated for a fiscal year pursuant to this section shall
1 32 be retained in the general fund of the state.
1 33 Sec. 2. Section 602.8102, Code Supplement 2003, is amended
1 34 by adding the following new subsection:
1 35 NEW SUBSECTION. 135C. Assess the speeding violation
2 1 surcharge as provided by section 911.4.
2 2 Sec. 3. Section 602.8107, subsection 4, unnumbered
2 3 paragraph 2, Code Supplement 2003, is amended to read as
2 4 follows:
2 5 This subsection does not apply to amounts collected for
2 6 victim restitution, the victim compensation fund, criminal
2 7 penalty surcharge, law enforcement initiative surcharge,
2 8 speeding violation surcharge, amounts collected as a result of
2 9 procedures initiated under subsection 5 or under section
2 10 8A.504, or sheriff's room and board fees.
2 11 Sec. 4. Section 602.8108, subsection 4, Code Supplement
2 12 2003, is amended to read as follow:
2 13 4. When a court assesses the law enforcement initiative
2 14 surcharge under section 911.3, or the speeding violation
2 15 surcharge under section 911.4, the clerk of court shall remit
2 16 to the treasurer of the state, no later than the fifteenth day
2 17 of each month, all the moneys collected during the preceding
2 18 month, for deposit in the general fund of the state.
2 19 Sec. 5. Section 805.8A, subsection 5, Code Supplement
2 20 2003, is amended by adding the following new paragraph:
2 21 NEW PARAGRAPH. bb. In addition to the criminal penalty
2 22 surcharge assessed pursuant to chapter 911, the speeding
2 23 violation surcharge specified in section 911.4 shall be added
2 24 to the scheduled fines in paragraph "a", subparagraphs (3)
2 25 through (5), and paragraph "b", subparagraphs (3) through (5).
2 26 Sec. 6. Section 909.8, Code 2003, is amended to read as
2 27 follows:
2 28 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TO
2 29 SURCHARGE.
2 30 The provisions of this chapter governing the payment and
2 31 collection of a fine, except section 909.3A, also apply to the
2 32 payment and collection of surcharges imposed pursuant to
2 33 chapter 911. However, section 909.10 shall not apply to
2 34 surcharges assessed under section sections 911.3 and 911.4.
2 35 Sec. 7. NEW SECTION. 911.4 SPEEDING VIOLATION SURCHARGE.
3 1 1. In addition to the criminal penalty surcharge assessed
3 2 pursuant to this chapter, a speeding violation surcharge shall
3 3 be assessed by the clerk of the district court as follows when
3 4 the court imposes a fine for a scheduled violation under any
3 5 of the following provisions:
3 6 a. For a violation for speeding more than ten but not more
3 7 than fifteen miles per hour over the speed limit under section
3 8 805.8A, subsection 5, paragraph "a", subparagraph (3), or
3 9 section 805.8A, subsection 5, paragraph "b", subparagraph (3),
3 10 the surcharge is fifty dollars.
3 11 b. For a violation for speeding more than fifteen but not
3 12 more than twenty miles per hour over the speed limit under
3 13 section 805.8A, subsection 5, paragraph "a", subparagraph (4),
3 14 or section 805.8A, subsection 5, paragraph "b", subparagraph
3 15 (4), the surcharge is one hundred dollars.
3 16 c. For a violation for speeding more than twenty miles per
3 17 hour over the speed limit under section 805.8A, subsection 5,
3 18 paragraph "a", subparagraph (5), or section 805.8A, subsection
3 19 5, paragraph "b", subparagraph (5), the surcharge is two
3 20 hundred dollars.
3 21 2. The surcharge shall be deposited in the general fund of
3 22 the state and credited to the speeding violation surcharge
3 23 fund pursuant to section 80.41.
3 24 3. The surcharge is subject to the provisions of chapter
3 25 909 governing the payment and collection of fines, as provided
3 26 in section 909.8.
3 27 EXPLANATION
3 28 This bill creates a speeding violation surcharge for
3 29 excessive speed violations committed by speeding 10 miles per
3 30 hour or more over the speed limit. For speeding violations
3 31 more than 10 but not more than 15 miles per hour over the
3 32 speed limit, the surcharge is $50. For speeding violations
3 33 more than 15 but not more than 20 miles per hour over the
3 34 speed limit, the surcharge is $100. For speeding violations
3 35 more than 20 miles per hour over the speed limit, the
4 1 surcharge is $200. The surcharge is in addition to scheduled
4 2 fines and the criminal penalty surcharge currently imposed for
4 3 such violations. Moneys from the surcharge are to be
4 4 deposited initially in the general fund of the state.
4 5 The bill creates a speeding violation surcharge fund and
4 6 appropriates moneys in the fund to the department of public
4 7 safety. The fund consists of moneys collected from the
4 8 speeding violation surcharge and deposited in the general
4 9 fund, then credited annually to the speeding violation
4 10 surcharge fund, up to the amount that would derive from
4 11 application of the surcharge to the average number of
4 12 convictions reported to the state department of transportation
4 13 for the last five years for the type of violations subject to
4 14 the surcharge. Revenues collected from the surcharge which
4 15 are in excess of the amount appropriated to the department of
4 16 public safety for a fiscal year are to be retained in the
4 17 general fund of the state.
4 18 The bill directs that a clerk of court shall remit all
4 19 moneys collected in the preceding month from the speeding
4 20 violation surcharge to the treasurer of state for deposit in
4 21 the general fund. Speeding violation surcharges are exempt
4 22 from Code provisions allowing a county to retain a portion of
4 23 delinquent surcharges collected by a county attorney and
4 24 requiring that delinquent fines collected by the clerk of
4 25 court be deposited in a judicial revolving fund.
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