House File 2379 - Introduced HOUSE FILE 2379 BY THOMPSON A BILL FOR An Act creating a city enforcement surcharge. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5673YH (4) 88 hf/rh

H.F. 2379 Section 1. NEW SECTION . 364.26 City enforcement surcharge. 1 A city council may by resolution allow a five dollar city 2 enforcement surcharge to be assessed pursuant to section 911.5. 3 Sec. 2. Section 602.8102, subsection 135A, Code 2020, is 4 amended to read as follows: 5 135A. Assess the surcharges provided by sections 911.1 , 6 911.2 , 911.2A , 911.2B , 911.2C , 911.3 , and 911.4 , and 911.5 . 7 Sec. 3. Section 602.8108, subsection 8, Code 2020, is 8 amended to read as follows: 9 8. a. The clerk of the district court shall remit all 10 moneys collected from the county enforcement surcharge pursuant 11 to section 911.4 to the county where the citation was issued 12 for deposit in the county general fund no later than the 13 fifteenth day of each month. 14 b. The clerk of the district court shall remit all moneys 15 collected from the city enforcement surcharge pursuant to 16 section 911.5 to the city of the peace officer who issued the 17 citation for deposit in the city general fund no later than the 18 fifteenth day of each month. 19 Sec. 4. Section 805.8, subsection 1, unnumbered paragraph 20 1, Code 2020, is amended to read as follows: 21 Except as otherwise indicated, violations of sections of 22 the Code specified in sections 805.8A , 805.8B , and 805.8C 23 are scheduled violations, and the scheduled fine for each of 24 those violations is as provided in those sections, whether the 25 violation is of state law or of a county or city ordinance. The 26 criminal penalty surcharge required by section 911.1 , and the 27 county enforcement surcharge required by section 911.4 , and 28 the city enforcement surcharge required by section 911.5, if 29 applicable, shall be added to the scheduled fine. 30 Sec. 5. Section 903.1, subsection 4, Code 2020, is amended 31 to read as follows: 32 4. The surcharges required by sections 911.1 , 911.2 , 33 911.2A , 911.3 , and 911.4 , and 911.5 shall be added to a fine 34 imposed on a misdemeanant as provided in those sections, 35 -1- LSB 5673YH (4) 88 hf/rh 1/ 3

H.F. 2379 and are not a part of or subject to the maximums set in this 1 section . 2 Sec. 6. Section 911.4, subsection 2, Code 2020, is amended 3 to read as follows: 4 2. Pursuant to section 602.8108, subsection 8 , paragraph 5 “a” , the surcharge shall be deposited in the county general fund 6 of the county where the citation was issued. 7 Sec. 7. NEW SECTION . 911.5 City enforcement surcharge. 8 1. If a city has adopted a resolution pursuant to section 9 364.26 and a court imposes a fine or forfeiture for any simple 10 misdemeanor punishable as a scheduled violation pursuant to 11 a citation issued by a peace officer appointed by the city, 12 the court or the clerk of the district court shall assess a 13 surcharge in the amount of five dollars for each applicable 14 violation in addition to any fine, forfeiture, or other 15 surcharge. 16 2. Pursuant to section 602.8108, subsection 8, paragraph 17 “b” , the surcharge shall be deposited in the city general fund 18 of the city of the peace officer where the citation was issued. 19 3. The surcharge is subject to the provisions of chapter 909 20 governing the payment and collection of fines as provided in 21 section 909.8. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 Under current law, a county may adopt a resolution to assess 26 a $5 surcharge when a court imposes a fine or forfeiture for 27 any simple misdemeanor punishable as a scheduled violation 28 pursuant to a citation issued by a county sheriff. This bill 29 permits a city council to adopt a resolution allowing a $5 city 30 enforcement surcharge when a court imposes a fine or forfeiture 31 for any simple misdemeanor punishable as a scheduled violation 32 pursuant to a citation issued by a city peace officer. The 33 surcharge shall be deposited in the city general fund of the 34 city peace officer who issued the citation. 35 -2- LSB 5673YH (4) 88 hf/rh 2/ 3

H.F. 2379 The bill makes conforming Code changes. 1 -3- LSB 5673YH (4) 88 hf/rh 3/ 3