Senate File 173 - Introduced
SENATE FILE
BY BEALL, TINSMAN, LUNDBY, CONNOLLY,
STEWART, QUIRMBACH, DVORSKY,
DOTZLER, DANIELSON, KREIMAN,
WARNSTADT, HORN, SENG, HANCOCK,
DEARDEN, RIELLY, SCHOENJAHN,
BOLKCOM, BLACK, GRONSTAL,
KIBBIE, McCOY, FRAISE, and
RAGAN
Passed Senate, Date Passed House, 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 1172SS 81
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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 1172SS 81
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