Senate File 319 - Introduced
SENATE FILE
BY WARNSTADT
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act assessing a brain injury surcharge, creating a brain
2 injury surcharge fund, and making appropriations to the fund.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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 advisory council on brain injuries, under the
1 11 supervision of the director of the department, to provide a
1 12 source of funding for programs under the authority of the
1 13 advisory council. Any balance in the fund on June 30 of any
1 14 fiscal year shall not revert to any other fund of the state
1 15 but shall remain available for the purposes described in this
1 16 section.
1 17 Sec. 2. Section 602.8102, subsection 135A, Code 2005, is
1 18 amended to read as follows:
1 19 135A. Assess the surcharges provided by sections 911.2,
1 20 911.3, and 911.4, and 911.5.
1 21 Sec. 3. Section 602.8108, subsection 2, Code 2005, is
1 22 amended to read as follows:
1 23 2. Except as otherwise provided, the clerk of the district
1 24 court shall report and submit to the state court
1 25 administrator, not later than the fifteenth day of each month,
1 26 the fines and fees received during the preceding calendar
1 27 month. Except as provided in subsections 3, 4, 5, 7, and 8,
1 28 and 9, the state court administrator shall deposit the amounts
1 29 received with the treasurer of state for deposit in the
1 30 general fund of the state. The state court administrator
1 31 shall report to the legislative services agency within thirty
1 32 days of the beginning of each fiscal quarter the amount
1 33 received during the previous quarter in the account
1 34 established under this section.
1 35 Sec. 4. Section 602.8108, Code 2005, is amended by adding
2 1 the following new subsection:
2 2 NEW SUBSECTION. 9. The clerk of the district court shall
2 3 remit all moneys collected from the brain injury surcharge
2 4 provided in section 911.5 to the state court administrator for
2 5 deposit in the brain injury surcharge fund established in
2 6 section 135.23.
2 7 Sec. 5. Section 805.8, subsection 1, Code 2005, is amended
2 8 to read as follows:
2 9 1. APPLICATION. Except as otherwise indicated, violations
2 10 of sections of the Code specified in sections 805.8A, 805.8B,
2 11 and 805.8C are scheduled violations, and the scheduled fine
2 12 for each of those violations is as provided in those sections,
2 13 whether the violation is of state law or of a county or city
2 14 ordinance. The criminal penalty surcharge required by section
2 15 911.1, and the county enforcement surcharge required by
2 16 section 911.4 and the brain injury surcharge required by
2 17 section 911.5, if applicable, shall be added to the scheduled
2 18 fine.
2 19 Sec. 6. Section 902.9, unnumbered paragraph 2, Code 2005,
2 20 is amended to read as follows:
2 21 The surcharges required by sections 911.1, 911.2, and
2 22 911.3, and 911.5 shall be added to a fine imposed on a class
2 23 "C" or class "D" felon, as provided by those sections, and are
2 24 not a part of or subject to the maximums set in this section.
2 25 Sec. 7. Section 903.1, subsection 4, Code 2005, is amended
2 26 to read as follows:
2 27 4. The surcharges required by sections 911.1, 911.2,
2 28 911.3, and 911.4, and 911.5 shall be added to a fine imposed
2 29 on a misdemeanant as provided in those sections, and are not a
2 30 part of or subject to the maximums set in this section.
2 31 Sec. 8. Section 909.8, Code 2005, is amended to read as
2 32 follows:
2 33 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TO
2 34 SURCHARGE.
2 35 The provisions of this chapter governing the payment and
3 1 collection of a fine, except section 909.3A, also apply to the
3 2 payment and collection of surcharges imposed pursuant to
3 3 chapter 911. However, section 909.10 shall not apply to
3 4 surcharges assessed under sections 911.3, and 911.4, and
3 5 911.5.
3 6 Sec. 9. NEW SECTION. 911.5 BRAIN INJURY SURCHARGE.
3 7 1. In addition to any other surcharge, the court or clerk
3 8 of the district court shall assess a brain injury surcharge of
3 9 seventeen dollars if an adjudication of guilt or a deferred
3 10 judgment has been entered for a criminal violation under
3 11 section 321.256, 321.285, 321.445, 321.446, or 321J.2.
3 12 2. The surcharge shall be remitted by the clerk of the
3 13 district court as provided in section 602.8108, subsection 9.
3 14 3. The surcharge is subject to the provisions of chapter
3 15 909 governing the payment and collection of fines, as provided
3 16 in section 909.8.
3 17 EXPLANATION
3 18 This bill assesses a brain injury surcharge and creates a
3 19 brain injury surcharge fund.
3 20 The bill assesses a brain injury surcharge in the amount of
3 21 $17 if an adjudication of guilt or a deferred judgment has
3 22 been entered for any of the following offenses: 321.256
3 23 (failure to obey traffic control device); 321.285 (speeding);
3 24 321.445 (safety belt violations); 321.446 (child restraint
3 25 device violations); or 321J.2 (operating while intoxicated).
3 26 The bill also creates a brain injury surcharge fund under
3 27 the control of the Iowa department of public health. Under
3 28 the bill, moneys from the assessment of the brain injury
3 29 surcharge are appropriated to the brain injury fund including
3 30 surcharge moneys deemed delinquent. The bill provides that
3 31 the moneys in the fund shall be used by the advisory council
3 32 on brain injuries, under the supervision of the director of
3 33 the department of public health, to provide a source of
3 34 funding for programs under the authority of the advisory
3 35 council. Any balance in the fund on June 30 of any fiscal
4 1 year shall not revert to any other fund of the state but shall
4 2 remain available for the purposes described in the new
4 3 provisions.
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