Senate File 330
SENATE FILE
BY COURTNEY
(COMPANION TO LSB 2465HH
BY COHOON)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to courthouse security, and providing for a fee.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 2465SS 80
4 jm/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 356.7A COURTHOUSE SECURITY ==
1 2 DISTRIBUTION OF FUNDS.
1 3 The county board of supervisors may adopt an ordinance
1 4 establishing a courthouse security fee not to exceed fifteen
1 5 dollars to be assessed in civil and criminal proceedings
1 6 pursuant to sections 602.8105 and 602.8106. All courthouse
1 7 security moneys collected by the clerk of the district court
1 8 pursuant to section 602.8105 or 602.8106 shall be deposited
1 9 into the county general fund and the moneys shall be used for
1 10 courthouse security purposes including equipment purchasing,
1 11 maintenance, depreciation, personnel costs, training, and
1 12 remodeling.
1 13 Sec. 2. Section 602.8105, subsection 1, Code 2003, is
1 14 amended by adding the following new paragraph:
1 15 NEW PARAGRAPH. g. For a first pleading by a party in a
1 16 civil or small claims case, a courthouse security fee, if
1 17 authorized, up to fifteen dollars as provided in section
1 18 356.7A. A county, municipality, or the state shall not be
1 19 assessed the courthouse security fee.
1 20 Sec. 3. Section 602.8106, subsection 1, Code 2003, is
1 21 amended by adding the following new paragraph:
1 22 NEW PARAGRAPH. g. For a courthouse security fee, up to
1 23 fifteen dollars, if authorized. A courthouse security fee
1 24 shall be assessed as provided in section 356.7A. A courthouse
1 25 security fee shall not be collected if the offense is a
1 26 scheduled violation that does not require a court appearance.
1 27 A county, municipality, or the state shall not be assessed the
1 28 courthouse security fee.
1 29 Sec. 4. Section 602.8107, subsection 2, paragraph d, Code
1 30 2003, is amended to read as follows:
1 31 d. Court costs, including correctional fees assessed
1 32 pursuant to sections 356.7 and 904.108, court=appointed
1 33 attorney fees, courthouse security fees pursuant to section
1 34 356.7A, or public defender expenses.
1 35 Sec. 5. Section 602.8108, subsection 2, Code 2003, is
2 1 amended to read as follows:
2 2 2. Except as otherwise provided, the clerk of the district
2 3 court shall report and submit to the state court
2 4 administrator, not later than the fifteenth day of each month,
2 5 the fines and fees received during the preceding calendar
2 6 month. Except as provided in subsections 4, and 5, and 7, the
2 7 state court administrator shall deposit the amounts received
2 8 with the treasurer of state for deposit in the general fund of
2 9 the state. The state court administrator shall report to the
2 10 legislative fiscal bureau within thirty days of the beginning
2 11 of each fiscal quarter the amount received during the previous
2 12 quarter in the account established under this section.
2 13 Sec. 6. Section 602.8108, Code 2003, is amended by adding
2 14 the following new subsection:
2 15 NEW SUBSECTION. 7. The clerk of the district court shall
2 16 deposit all courthouse security fees collected into the county
2 17 general fund in the county where the case is being heard or
2 18 where the offense occurred and the funds shall be used as
2 19 provided in section 356.7A.
2 20 EXPLANATION
2 21 This bill relates to courthouse security and provides for a
2 22 fee.
2 23 The bill provides that a county board of supervisors may
2 24 adopt an ordinance assessing a courthouse security fee in
2 25 criminal and civil proceedings, not to exceed $15. In civil
2 26 proceedings under the bill, each party in a civil or small
2 27 claims case shall be assessed a courthouse security fee if an
2 28 ordinance has been adopted. In criminal proceedings under the
2 29 bill, the defendant shall be assessed the courthouse security
2 30 fee if an ordinance has been adopted. The bill provides that
2 31 a scheduled violation which does not require a court
2 32 appearance shall not be assessed a courthouse security fee.
2 33 The bill also provides that a county, municipality, or the
2 34 state shall not be assessed the fee.
2 35 The bill provides that the clerk of the district court
3 1 shall deposit the courthouse security fee into the county
3 2 general fund in the county where the case is being heard or
3 3 where the criminal offense occurred. The bill provides that
3 4 the moneys related to the courthouse security fee deposited
3 5 into the county general fund shall be used by the county for
3 6 courthouse security equipment purchasing, maintenance,
3 7 depreciation, personnel costs, training, and remodeling.
3 8 LSB 2465SS 80
3 9 jm/sh/8