SENATE FILE 17

BY  SODDERS

A BILL FOR

An Act relating to the county enforcement surcharge and increasing a fee.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 331.301, subsection 16, Code 2011, is amended to read as follows:
   16.  The board of supervisors may by resolution allow a five ten dollar county enforcement surcharge to be assessed pursuant to section 911.4.
   Sec. 2.  Section 602.8108, subsection 6, Code 2011, is amended to read as follows:
   6.  The clerk of the district court shall remit all moneys collected from the county enforcement surcharge pursuant to section 911.4 to the county where the citation was issued for deposit in the county general fund no later than the fifteenth day of each month.  Fifty percent of the surcharge moneys shall be deposited in the county general fund and fifty percent of the surcharge moneys shall be deposited in the county mental health, mental retardation, and developmental disabilities services fund created in section 331.424A.
   Sec. 3.  Section 911.4, Code 2011, is amended to read as follows:
   911.4  County enforcement surcharge.
   1.  If the county has adopted a resolution pursuant to section 331.301, subsection 16, and a court imposes a fine or forfeiture for any simple misdemeanor punishable as a scheduled violation pursuant to a citation issued by the sheriff as defined in section 331.101 a peace officer in that particular county, the court or the clerk of the district court shall assess a surcharge in the amount of five ten dollars for each applicable violation in addition to any fine, forfeiture, or other surcharge.
   2.  Pursuant to section 602.8108, subsection 6, the surcharge shall be deposited in remitted to the countygeneral fund of the county where the citation was issued and deposited as provided in that subsection.
   3.  The surcharge is subject to the provisions of chapter 909 governing the payment and collection of fines, as provided in section 909.8.
   4.  As used in this section,“peace officer” means the sheriff as defined in section 331.101 or a peace officer as defined in section 97A.1.
EXPLANATION
   This bill relates to the county enforcement surcharge, and provides for a fee.
   Under the bill, when a court imposes a fine or forfeiture for any simple misdemeanor punishable as a scheduled violation pursuant to a citation issued by a county sheriff or an officer of the department of public safety, the court or the clerk of the district court shall assess a county enforcement surcharge in the amount of $10 for each applicable violation. Current law applies only to citations issued by a county sheriff and the county enforcement surcharge is set at $5 for each violation.
   The bill requires 50 percent of the surcharge amount to be deposited into the general fund of the county where the citation was issued, and the remaining 50 percent of the surcharge to be deposited into the mental health, mental retardation, and developmental disabilities services fund of the county. Current law requires the surcharge amount to be deposited into the general fund of the county where the citation was issued.