Bill Text: IA SF17 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the county enforcement surcharge and increasing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF17 Detail]
Download: Iowa-2011-SF17-Introduced.html
Senate
File
17
-
Introduced
SENATE
FILE
17
BY
SODDERS
A
BILL
FOR
An
Act
relating
to
the
county
enforcement
surcharge
and
1
increasing
a
fee.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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17
Section
1.
Section
331.301,
subsection
16,
Code
2011,
is
1
amended
to
read
as
follows:
2
16.
The
board
of
supervisors
may
by
resolution
allow
a
five
3
ten
dollar
county
enforcement
surcharge
to
be
assessed
pursuant
4
to
section
911.4
.
5
Sec.
2.
Section
602.8108,
subsection
6,
Code
2011,
is
6
amended
to
read
as
follows:
7
6.
The
clerk
of
the
district
court
shall
remit
all
moneys
8
collected
from
the
county
enforcement
surcharge
pursuant
to
9
section
911.4
to
the
county
where
the
citation
was
issued
for
10
deposit
in
the
county
general
fund
no
later
than
the
fifteenth
11
day
of
each
month
.
Fifty
percent
of
the
surcharge
moneys
shall
12
be
deposited
in
the
county
general
fund
and
fifty
percent
of
13
the
surcharge
moneys
shall
be
deposited
in
the
county
mental
14
health,
mental
retardation,
and
developmental
disabilities
15
services
fund
created
in
section
331.424A.
16
Sec.
3.
Section
911.4,
Code
2011,
is
amended
to
read
as
17
follows:
18
911.4
County
enforcement
surcharge.
19
1.
If
the
county
has
adopted
a
resolution
pursuant
to
20
section
331.301,
subsection
16
,
and
a
court
imposes
a
fine
or
21
forfeiture
for
any
simple
misdemeanor
punishable
as
a
scheduled
22
violation
pursuant
to
a
citation
issued
by
the
sheriff
as
23
defined
in
section
331.101
a
peace
officer
in
that
particular
24
county
,
the
court
or
the
clerk
of
the
district
court
shall
25
assess
a
surcharge
in
the
amount
of
five
ten
dollars
for
each
26
applicable
violation
in
addition
to
any
fine,
forfeiture,
or
27
other
surcharge.
28
2.
Pursuant
to
section
602.8108,
subsection
6
,
the
29
surcharge
shall
be
deposited
in
remitted
to
the
county
general
30
fund
of
the
county
where
the
citation
was
issued
and
deposited
31
as
provided
in
that
subsection
.
32
3.
The
surcharge
is
subject
to
the
provisions
of
chapter
33
909
governing
the
payment
and
collection
of
fines,
as
provided
34
in
section
909.8
.
35
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17
4.
As
used
in
this
section,
“peace
officer”
means
the
1
sheriff
as
defined
in
section
331.101
or
a
peace
officer
as
2
defined
in
section
97A.1.
3
EXPLANATION
4
This
bill
relates
to
the
county
enforcement
surcharge,
and
5
provides
for
a
fee.
6
Under
the
bill,
when
a
court
imposes
a
fine
or
forfeiture
7
for
any
simple
misdemeanor
punishable
as
a
scheduled
violation
8
pursuant
to
a
citation
issued
by
a
county
sheriff
or
an
officer
9
of
the
department
of
public
safety,
the
court
or
the
clerk
of
10
the
district
court
shall
assess
a
county
enforcement
surcharge
11
in
the
amount
of
$10
for
each
applicable
violation.
Current
12
law
applies
only
to
citations
issued
by
a
county
sheriff
13
and
the
county
enforcement
surcharge
is
set
at
$5
for
each
14
violation.
15
The
bill
requires
50
percent
of
the
surcharge
amount
to
16
be
deposited
into
the
general
fund
of
the
county
where
the
17
citation
was
issued,
and
the
remaining
50
percent
of
the
18
surcharge
to
be
deposited
into
the
mental
health,
mental
19
retardation,
and
developmental
disabilities
services
fund
of
20
the
county.
Current
law
requires
the
surcharge
amount
to
21
be
deposited
into
the
general
fund
of
the
county
where
the
22
citation
was
issued.
23
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