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 TLSB 1040XS (4) 84 jm/nh
S.F. 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 -1- LSB 1040XS (4) 84 jm/nh 1/ 2
S.F. 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 -2- LSB 1040XS (4) 84 jm/nh 2/ 2
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