House File 379 - Introduced
HOUSE FILE
BY FOEGE
(COMPANION TO SF 173 BY BEALL)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the assessment of a brain injury surcharge,
2 creating a brain injury surcharge fund, and making
3 appropriations to the fund.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1172HH 81
6 jm/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 135.23 BRAIN INJURY SURCHARGE
1 2 FUND.
1 3 A brain injury surcharge fund is created as a separate fund
1 4 in the state treasury under the control of the department.
1 5 The fund shall consist of appropriations made to the fund and
1 6 transfers of interest, earnings, and moneys required to be
1 7 collected for deposit in the fund, including moneys received
1 8 from the brain injury surcharge provided for in section 911.5.
1 9 All moneys in the fund are appropriated to the department for
1 10 use by the department to provide ongoing support for the
1 11 advisory council on brain injuries and to provide a source of
1 12 funding for programs benefiting persons with brain injuries.
1 13 Any balance in the fund on June 30 of any fiscal year shall
1 14 not revert to any other fund of the state but shall remain
1 15 available for the purposes described in this section.
1 16 Sec. 2. Section 602.8102, subsection 135A, Code 2005, is
1 17 amended to read as follows:
1 18 135A. Assess the surcharges provided by sections 911.2,
1 19 911.3, and 911.4, and 911.5.
1 20 Sec. 3. Section 602.8108, subsection 2, Code 2005, is
1 21 amended to read as follows:
1 22 2. Except as otherwise provided, the clerk of the district
1 23 court shall report and submit to the state court
1 24 administrator, not later than the fifteenth day of each month,
1 25 the fines and fees received during the preceding calendar
1 26 month. Except as provided in subsections 3, 4, 5, 7, and 8,
1 27 and 9, the state court administrator shall deposit the amounts
1 28 received with the treasurer of state for deposit in the
1 29 general fund of the state. The state court administrator
1 30 shall report to the legislative services agency within thirty
1 31 days of the beginning of each fiscal quarter the amount
1 32 received during the previous quarter in the account
1 33 established under this section.
1 34 Sec. 4. Section 602.8108, Code 2005, is amended by adding
1 35 the following new subsection:
2 1 NEW SUBSECTION. 9. The clerk of the district court shall
2 2 remit all moneys collected from the brain injury surcharge
2 3 provided in section 911.5 to the state court administrator for
2 4 deposit in the brain injury surcharge fund established in
2 5 section 135.23.
2 6 Sec. 5. Section 902.9, unnumbered paragraph 2, Code 2005,
2 7 is amended to read as follows:
2 8 The surcharges required by sections 911.1, 911.2, and
2 9 911.3, and 911.5 shall be added to a fine imposed on a class
2 10 "C" or class "D" felon, as provided by those sections, and are
2 11 not a part of or subject to the maximums set in this section.
2 12 Sec. 6. Section 903.1, subsection 4, Code 2005, is amended
2 13 to read as follows:
2 14 4. The surcharges required by sections 911.1, 911.2,
2 15 911.3, and 911.4, and 911.5 shall be added to a fine imposed
2 16 on a misdemeanant as provided in those sections, and are not a
2 17 part of or subject to the maximums set in this section.
2 18 Sec. 7. Section 909.8, Code 2005, is amended to read as
2 19 follows:
2 20 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TO
2 21 SURCHARGE.
2 22 The provisions of this chapter governing the payment and
2 23 collection of a fine, except section 909.3A, also apply to the
2 24 payment and collection of surcharges imposed pursuant to
2 25 chapter 911. However, section 909.10 shall not apply to
2 26 surcharges assessed under sections 911.3, and 911.4, and
2 27 911.5.
2 28 Sec. 8. NEW SECTION. 911.5 BRAIN INJURY SURCHARGE.
2 29 1. In addition to any other surcharge, the court or clerk
2 30 of the district court shall assess a brain injury surcharge of
2 31 twenty=five dollars if an adjudication of guilt or a deferred
2 32 judgment has been entered for a criminal violation under
2 33 section 321J.2.
2 34 2. The surcharge shall be remitted by the clerk of the
2 35 district court as provided in section 602.8108, subsection 9.
3 1 3. The surcharge is subject to the provisions of chapter
3 2 909 governing the payment and collection of fines, as provided
3 3 in section 909.8.
3 4 EXPLANATION
3 5 This bill assesses a brain injury surcharge and creates a
3 6 brain injury surcharge fund.
3 7 The bill assesses a brain injury surcharge in the amount of
3 8 $25 if an adjudication of guilt or a deferred judgment has
3 9 been entered for the criminal offense of operating while
3 10 intoxicated under Code section 321J.2.
3 11 The bill also creates a brain injury surcharge fund under
3 12 the control of the Iowa department of public health. Under
3 13 the bill, moneys from the assessment of the brain injury
3 14 surcharge are appropriated to the brain injury fund including
3 15 surcharge moneys deemed delinquent. The bill provides that
3 16 the moneys in the fund shall be used by the Iowa department of
3 17 public health to provide ongoing support of the advisory
3 18 council on brain injuries and to provide a source of funding
3 19 for programs benefiting persons with brain injuries. Any
3 20 balance in the fund on June 30 of any fiscal year shall not
3 21 revert to any other fund of the state but shall remain
3 22 available for the purposes described in the new provisions.
3 23 LSB 1172HH 81
3 24 jm:nh/sh/8