Senate File 2222
SENATE FILE
BY BOLKCOM
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the imposition of a courthouse security
2 surcharge for motor vehicle and transportation violations.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5851SS 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 fifteen dollar surcharge to be assessed
1 5 against all violations of chapter 321 in the county. The
1 6 resolution must specify the moneys raised from the fifteen
1 7 dollar surcharge be used for courthouse security and specify
1 8 the types of security measures that will be implemented with
1 9 such moneys.
1 10 Sec. 2. Section 602.8102, subsection 135A, Code Supplement
1 11 2003, is amended to read as follows:
1 12 135A. Assess the drug abuse resistance education surcharge
1 13 as provided by section surcharges provided by sections 911.2,
1 14 911.3, and 911.4.
1 15 Sec. 3. Section 602.8102, subsection 135B, Code Supplement
1 16 2003, is amended by striking the subsection.
1 17 Sec. 4. Section 602.8107, subsection 4, unnumbered
1 18 paragraph 2, Code Supplement 2003, is amended as follows:
1 19 This subsection does not apply to amounts collected for
1 20 victim restitution, the victim compensation fund, criminal
1 21 penalty surcharge, law enforcement initiative surcharge,
1 22 courthouse security surcharge, amounts collected as a result
1 23 of procedures initiated under subsection 5 or under section
1 24 8A.504, or sheriff's room and board fees.
1 25 Sec. 5. Section 602.8108, Code Supplement 2003, is amended
1 26 by adding the following new subsection:
1 27 NEW SUBSECTION. 4A. The clerk of the district court shall
1 28 remit all moneys collected from the courthouse security
1 29 surcharge to the county where a violation of section 321
1 30 occurred for deposit in the county general fund no later than
1 31 the fifteenth day of each month, if the county has adopted a
1 32 resolution pursuant to section 331.301, subsection 16.
1 33 Sec. 6. Section 805.8, subsection 1, Code 2003, is amended
1 34 to read as follows:
1 35 1. APPLICATION. Except as otherwise indicated, violations
2 1 of sections of the Code specified in sections 805.8A, 805.8B,
2 2 and 805.8C are scheduled violations, and the scheduled fine
2 3 for each of those violations is as provided in those sections,
2 4 whether the violation is of state law or of a county or city
2 5 ordinance. The criminal penalty surcharge required by section
2 6 911.2 and the courthouse security surcharge required by
2 7 section 911.4, if applicable, shall be added to the scheduled
2 8 fine.
2 9 Sec. 7. Section 903.1, subsection 4, Code 2003, is amended
2 10 to read as follows:
2 11 4. The criminal penalty surcharge surcharges required by
2 12 sections 911.2 and, 911.3, and 911.4 shall be added to a fine
2 13 imposed on a misdemeanant, and is are not a part of or subject
2 14 to the maximums set in this section.
2 15 Sec. 8. Section 909.8, Code 2003, is amended to read as
2 16 follows:
2 17 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TO
2 18 SURCHARGE.
2 19 The provisions of this chapter governing the payment and
2 20 collection of a fine, except section 909.3A, also apply to the
2 21 payment and collection of surcharges imposed pursuant to
2 22 chapter 911. However, section 909.10 shall not apply to
2 23 surcharges assessed under section sections 911.3 and 911.4.
2 24 Sec. 9. NEW SECTION. 911.4 COURTHOUSE SECURITY
2 25 SURCHARGE.
2 26 1. The court or the clerk of the district court shall
2 27 assess a surcharge in the amount of fifteen dollars for each
2 28 violation of chapter 321, if the county board of supervisors
2 29 in the county in which the violation occurred has passed a
2 30 resolution pursuant to section 331.301, subsection 16,
2 31 authorizing a courthouse security surcharge.
2 32 2. Pursuant to section 602.8108, subsection 4A, the
2 33 surcharge shall be deposited in the county general fund of the
2 34 county where the offense occurred.
2 35 3. The surcharge is subject to the provisions of chapter
3 1 909 governing the payment and collection of fines, as provided
3 2 in section 909.8.
3 3 EXPLANATION
3 4 This bill allows a county to impose a courthouse security
3 5 surcharge for a violation of Code chapter 321.
3 6 The bill provides that if a county adopts a resolution
3 7 allowing a surcharge to be imposed for violations of Code
3 8 chapter 321 which occur in the county, the court or the clerk
3 9 of the district court shall assess a $15 surcharge on such
3 10 violations.
3 11 The bill directs the clerk of the district court to remit
3 12 all courthouse surcharge moneys to the county where the
3 13 violation of Code chapter 321 occurred for deposit in the
3 14 county general fund. The bill requires all courthouse
3 15 security surcharge moneys to be used by the county for
3 16 courthouse security.
3 17 The bill provides that the courthouse security surcharge is
3 18 exempt from the Code provisions allowing a county to retain a
3 19 portion of delinquent surcharges collected by the county
3 20 attorney because the courthouse security surcharge is already
3 21 payable to the county.
3 22 LSB 5851SS 80
3 23 jm/pj/5