Senate File 146 - Introduced
SENATE FILE
BY BOLKCOM
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act establishing a courthouse security surcharge, creating a
2 courthouse security fund, and making appropriations to the
3 fund.
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. 12.91 COURTHOUSE SECURITY FUND.
1 2 A courthouse security fund is created as a separate fund in
1 3 the state treasury. The fund shall consist of appropriations
1 4 made to the fund and transfers of interest, earnings, and
1 5 moneys required to be collected for deposit in the fund,
1 6 including moneys received from the courthouse security
1 7 surcharge provided for in section 911.5. The moneys in the
1 8 fund shall be distributed by the treasurer of state to each
1 9 county based upon the county's population in proportion to the
1 10 total population of the state. The moneys distributed by the
1 11 treasurer of state shall be used by the county for courthouse
1 12 security costs related to equipment purchasing and
1 13 maintenance, depreciation, personnel costs, and training. For
1 14 purposes of this subsection, "population" means population as
1 15 provided in section 41.1.
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, Code 2005, is amended by adding
1 21 the following new subsection:
1 22 NEW SUBSECTION. 9. The clerk of the district court shall
1 23 remit all moneys collected from the courthouse security
1 24 surcharge as provided for in section 911.5 to the state court
1 25 administrator for deposit in the general fund of the state and
1 26 the amount deposited is appropriated to the courthouse
1 27 security fund created in section 12.91.
1 28 Sec. 4. Section 805.8, subsection 1, Code 2005, is amended
1 29 to read as follows:
1 30 1. APPLICATION. Except as otherwise indicated, violations
1 31 of sections of the Code specified in sections 805.8A, 805.8B,
1 32 and 805.8C are scheduled violations, and the scheduled fine
1 33 for each of those violations is as provided in those sections,
1 34 whether the violation is of state law or of a county or city
1 35 ordinance. The criminal penalty surcharge surcharges required
2 1 by section 911.1 and the county enforcement surcharge required
2 2 by section 911.4 or 911.5, if applicable, shall be added to
2 3 the scheduled fine.
2 4 Sec. 5. Section 903.1, subsection 4, Code 2005, is amended
2 5 to read as follows:
2 6 4. The surcharges required by sections 911.1, 911.2,
2 7 911.3, and 911.4, and 911.5 shall be added to a fine imposed
2 8 on a misdemeanant as provided in those sections, and are not a
2 9 part of or subject to the maximums set in this section.
2 10 Sec. 6. Section 909.8, Code 2005, 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 under sections 911.3, and 911.4, and
2 19 911.5.
2 20 Sec. 7. NEW SECTION. 911.5 COURTHOUSE SECURITY
2 21 SURCHARGE.
2 22 1. In addition to any other surcharge, the court or clerk
2 23 of the district court shall assess a courthouse security
2 24 surcharge in the amount of fifteen dollars if the violation
2 25 arose out of a violation of an offense provided for in chapter
2 26 321.
2 27 2. In the event of multiple offenses, the surcharge shall
2 28 be imposed for each applicable offense. The surcharge shall
2 29 not be assessed for any offense for which the court defers the
2 30 sentence or judgment or suspends the sentence.
2 31 3. The surcharge shall be remitted by the clerk of court
2 32 as provided in section 602.8108, subsection 9.
2 33 EXPLANATION
2 34 This bill establishes a courthouse security surcharge and
2 35 creates a courthouse security fund.
3 1 The bill provides that a courthouse security surcharge
3 2 shall be assessed in the amount of $15 for each violation of
3 3 Code chapter 321 (motor vehicles and laws of the road). The
3 4 surcharge shall not be assessed for any offense for which the
3 5 court defers the sentence or judgment or suspends the
3 6 sentence. The bill provides that the court or the clerk of
3 7 the district court shall assess the surcharge and the clerk of
3 8 the district court shall remit the surcharge to the state
3 9 court administrator for deposit in the general fund of the
3 10 state. The bill provides that the surcharge moneys deposited
3 11 in the general fund of the state are appropriated to the
3 12 courthouse security fund under the control of the treasurer of
3 13 state. The moneys in the fund are to be distributed by the
3 14 treasurer of state to each county based upon the population of
3 15 the county in proportion to the total population of the state.
3 16 Under the bill, the office of county treasurer shall
3 17 administer the funds, and the funds are to be used for
3 18 courthouse security costs related to equipment purchasing and
3 19 maintenance, depreciation, personnel costs, and training.
3 20 The bill provides that the courthouse security surcharge is
3 21 exempt from the Code provisions allowing a county to retain a
3 22 portion of delinquent surcharges collected by the county
3 23 attorney because the county enforcement surcharge is already
3 24 payable to the county.
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