Bill Text: IA SSB1146 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to certain financial obligations, including under the consumer credit code, and including under the criminal and juvenile justice system by modifying criminal and civil surcharges, fines, fees, costs, and court debt, providing civil penalties, and including effective date and retroactive applicability provisions.(See SF 367.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-02-11 - Committee report approving bill, renumbered as SF 367. [SSB1146 Detail]
Download: Iowa-2021-SSB1146-Introduced.html
Senate
Study
Bill
1146
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WAYS
AND
MEANS
BILL
BY
CHAIRPERSON
DAWSON)
A
BILL
FOR
An
Act
relating
to
certain
financial
obligations,
including
1
under
the
consumer
credit
code,
and
including
under
the
2
criminal
and
juvenile
justice
system
by
modifying
criminal
3
and
civil
surcharges,
fines,
fees,
costs,
and
court
debt,
4
providing
civil
penalties,
and
including
effective
date
and
5
retroactive
applicability
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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Section
1.
Section
537.1301,
subsection
12,
Code
2021,
is
1
amended
to
read
as
follows:
2
12.
“Consumer
credit
transaction”
means
a
consumer
credit
3
sale
or
consumer
loan,
or
a
refinancing
or
consolidation
4
thereof,
or
a
consumer
lease,
or
a
consumer
rental
purchase
5
agreement.
“Consumer
credit
transaction”
does
not
include
6
goods,
services,
or
any
other
benefits
provided
by
or
on
behalf
7
of
the
state
or
a
state
agency.
8
Sec.
2.
Section
602.8105,
subsection
2,
paragraph
h,
Code
9
2021,
is
amended
to
read
as
follows:
10
h.
For
applicable
convictions
under
section
692A.110
prior
11
to
July
1,
2009,
a
civil
penalty
of
two
hundred
ten
dollars,
12
and
for
applicable
convictions
under
section
692A.110
on
or
13
after
July
1,
2009
June
25,
2020
,
a
civil
penalty
of
two
14
hundred
sixty
dollars.
15
Sec.
3.
Section
602.8106,
subsection
1,
Code
2021,
is
16
amended
by
adding
the
following
new
paragraph:
17
NEW
PARAGRAPH
.
i.
For
submitting
a
dishonored
check
for
the
18
payment
of
any
court
debt,
thirty
dollars.
19
Sec.
4.
Section
602.8107,
subsection
1,
paragraph
a,
Code
20
2021,
is
amended
to
read
as
follows:
21
a.
“Court
debt”
means
all
restitution
as
defined
in
section
22
910.1
,
fees,
and
forfeited
bail
,
and
other
debt
paid
to
or
23
collected
by
the
clerk
of
the
district
court
.
24
Sec.
5.
Section
602.8107,
subsection
3,
Code
2021,
is
25
amended
to
read
as
follows:
26
3.
Collection
by
department
of
revenue.
27
a.
(1)
Thirty
days
after
court
debt
has
been
assessed
28
and
full
payment
has
not
been
received,
or
if
an
installment
29
payment
is
not
received
within
thirty
days
after
the
date
it
is
30
due,
the
judicial
branch
shall
assign
a
case
to
the
department
31
of
revenue,
unless
the
case
has
been
assigned
to
the
county
32
attorney
under
paragraph
“c”
“d”
.
33
(2)
The
department
of
revenue
may
impose
a
fee
established
34
by
rule
to
reflect
the
cost
of
processing
which
shall
be
added
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to
the
debt
owed
to
the
clerk
of
the
district
court.
1
b.
(1)
In
addition,
court
debt
which
is
being
collected
2
under
an
installment
agreement
pursuant
to
section
321.210B
3
which
is
in
default
that
remains
delinquent
shall
remain
4
assigned
to
the
department
of
revenue
if
the
installment
5
agreement
was
executed
with
the
department
of
revenue;
or
6
to
the
county
attorney
or
county
attorney’s
designee
if
the
7
installment
agreement
was
executed
with
the
county
attorney
8
or
county
attorney’s
designee
The
department
of
revenue
shall
9
receive
fifteen
percent
of
all
court
debt
payments
collected
on
10
cases
assigned
to
the
department
of
revenue
for
collection
to
11
reflect
the
cost
of
processing,
with
the
remainder
of
the
court
12
debt
to
be
collected
by
the
clerk
of
the
district
court
for
13
distribution
in
accordance
with
applicable
law
.
The
department
14
of
revenue
shall
not
receive
payment
pursuant
to
this
paragraph
15
from
any
court
debt
collected
that
is
payable
to
a
crime
victim
16
as
pecuniary
damages
until
after
the
clerk
of
the
district
17
court
has
received
the
entirety
of
the
court
debt
payable
to
18
the
crime
victim
as
pecuniary
damages.
19
(2)
Payments
made
by
a
person
under
subparagraph
(1)
between
20
January
1,
2021,
and
the
effective
date
of
this
Act
which
added
21
the
department
of
revenue
processing
fee
to
the
debt
owed
to
22
the
clerk
of
the
district
court
pursuant
to
section
602.8107,
23
subsection
3,
paragraph
“a”
,
subparagraph
(2),
Code
2021,
24
shall
be
calculated
as
if
the
payment
had
been
made
pursuant
25
to
subparagraph
(1)
and
the
department’s
fee
in
subparagraph
26
(1)
shall
be
applied
to
such
a
payment.
The
department
of
27
revenue
processing
fee
added
to
the
debt
shall
be
deducted
from
28
the
amount
of
court
debt
owed
to
the
clerk
of
the
district
29
court.
If
a
payment
made
by
a
person
owing
court
debt
between
30
January
1,
2021,
and
the
effective
date
of
this
Act
reduces
31
the
total
amount
of
court
debt
owed
to
zero,
the
department
32
of
revenue
shall
issue
a
refund
to
the
person
in
the
amount
33
attributable
to
the
processing
fee
added
to
the
court
debt.
34
This
subparagraph
is
repealed
on
January
1,
2023.
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c.
The
centralized
debt
collection
facilities
of
the
1
department
of
revenue
established
pursuant
to
section
421.17,
2
subsection
27,
shall
collect
court
debt
assigned
to
the
3
department
of
revenue
pursuant
to
this
section.
4
c.
d.
Thirty
days
after
court
debt
has
been
assessed
5
and
full
payment
has
not
been
received,
or
if
an
installment
6
payment
is
not
received
within
thirty
days
after
the
date
it
7
is
due,
and
if
a
county
attorney
has
filed
with
the
clerk
8
of
the
district
court
a
notice
of
full
commitment
to
collect
9
delinquent
court
debt
pursuant
to
subsection
4
,
the
case
shall
10
be
assigned
to
the
county
attorney
as
provided
in
subsection
4
.
11
The
judicial
branch
shall
assign
cases
with
delinquent
court
12
debt
to
a
county
attorney
in
the
same
format
and
with
the
same
13
frequency
as
cases
with
delinquent
court
debt
are
assigned
to
14
the
department
of
revenue
under
paragraph
“a”
,
and
a
county
15
attorney
shall
not
be
required
to
file
an
individual
notice
16
of
full
commitment
to
collect
delinquent
court
debt
for
each
17
assigned
case.
If
the
county
attorney
or
the
county
attorney’s
18
designee,
while
collecting
delinquent
court
debt
pursuant
to
19
subsection
4
,
determines
that
a
person
owes
additional
court
20
debt
for
which
a
case
has
not
been
assigned
by
the
judicial
21
branch,
the
county
attorney
or
the
county
attorney’s
designee
22
shall
notify
the
clerk
of
the
district
court
of
the
appropriate
23
case
numbers
and
the
judicial
branch
shall
assign
these
cases
24
to
the
county
attorney
for
collection
if
the
additional
court
25
debt
is
delinquent.
26
Sec.
6.
Section
602.8107,
subsection
4,
paragraph
a,
Code
27
2021,
is
amended
to
read
as
follows:
28
a.
This
subsection
does
not
apply
to
amounts
collected
29
for
restitution
involving
pecuniary
damages,
the
victim
30
compensation
fund,
the
crime
services
surcharge,
sex
offender
31
civil
penalty
the
human
trafficking
victim
surcharge,
domestic
32
abuse
assault,
domestic
abuse
protective
order
contempt,
33
sexual
abuse,
stalking,
the
human
trafficking
surcharge
,
the
34
agricultural
theft
surcharge,
or
amounts
collected
as
a
result
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of
procedures
initiated
under
subsection
5
the
sex
offender
1
civil
penalty,
or
under
section
8A.504
.
2
Sec.
7.
Section
602.8107,
subsection
5,
Code
2021,
is
3
amended
by
striking
the
subsection
and
inserting
in
lieu
4
thereof
the
following:
5
5.
Uncollectible
debt.
6
a.
Court
debt
that
has
been
assigned
to
the
department
of
7
revenue
for
collection
pursuant
to
subsection
3
may
be
charged
8
off
from
active
collection
by
the
director
of
the
department
of
9
revenue
if
either
of
the
following
conditions
exist:
10
(1)
The
person
owing
the
court
debt
is
deceased
and
there
11
are
no
assets
in
the
person’s
estate
or
there
are
no
assets
12
available
for
the
payment
of
court
debt
under
section
633.425.
13
(2)
The
person
owing
the
court
debt
cannot
be
located
14
after
diligent
inquiry
and
the
director
of
the
department
of
15
revenue
determines
the
department
will
not
be
able
to
locate
16
the
person.
17
b.
Court
debt
for
any
of
the
following
shall
not
be
charged
18
off
until
sixty-five
years
from
the
date
of
imposition:
19
(1)
Victim
restitution.
20
(2)
Victim
compensation.
21
(3)
A
criminal
penalty
surcharge.
22
(4)
A
sex
offender
civil
penalty.
23
(5)
A
drug
abuse
resistance
education
surcharge.
24
(6)
A
law
enforcement
initiative
surcharge.
25
(7)
A
county
enforcement
surcharge.
26
(8)
Fees
charged
pursuant
to
section
356.7.
27
c.
Debt
that
is
charged
off
shall
remain
due
and
owing,
but
28
the
judicial
branch
shall
close
the
corresponding
case
file
for
29
the
purposes
of
collection
pursuant
to
this
section.
30
Sec.
8.
Section
692A.110,
subsection
2,
Code
2021,
is
31
amended
to
read
as
follows:
32
2.
In
addition
to
any
other
penalty,
at
the
time
of
33
conviction
for
a
public
offense
committed
on
or
after
July
1,
34
1995,
which
requires
a
sex
offender
to
register
under
this
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chapter
,
the
offender
shall
be
assessed
a
civil
penalty
of
two
1
hundred
dollars,
to
be
payable
to
the
clerk
of
the
district
2
court
as
provided
in
section
602.8105
and
distributed
as
3
provided
in
section
602.8108
.
With
respect
to
a
conviction
4
for
a
public
offense
committed
on
or
after
July
1,
2009,
which
5
requires
a
sex
offender
to
register
under
this
chapter
,
the
6
offender
shall
be
assessed
a
civil
penalty
of
two
hundred
fifty
7
dollars,
payable
to
the
clerk
of
the
district
court
as
provided
8
in
section
602.8105
and
distributed
as
provided
in
section
9
602.8108
.
10
Sec.
9.
Section
910.3,
subsection
8,
Code
2021,
is
amended
11
to
read
as
follows:
12
8.
The
court
shall
enter
a
permanent
restitution
order
13
setting
out
the
amount
of
restitution
including
the
amount
of
14
public
service
to
be
performed
as
restitution
and
the
persons
15
to
whom
restitution
must
be
paid.
A
permanent
restitution
16
order
entered
at
the
time
of
sentencing
is
part
of
the
final
17
judgment
of
sentence
as
defined
in
section
814.6
and
shall
18
be
considered
in
a
properly
perfected
appeal.
An
appellate
19
court
shall
not
review
or
modify
any
issue
related
to
a
20
defendant’s
ability
to
pay
unless
the
defendant
has
exhausted
21
the
defendant’s
remedies
under
section
910.7
and
obtained
a
22
ruling
from
the
district
court
prior
to
the
issue
being
raised
23
in
the
appellate
court.
24
Sec.
10.
Section
911.2B,
Code
2021,
is
amended
to
read
as
25
follows:
26
911.2B
Domestic
abuse
assault,
domestic
abuse
protective
27
order
contempt,
and
sexual
abuse
,
stalking,
and
human
trafficking
28
crimes
surcharge.
29
1.
In
addition
to
any
other
surcharge,
the
court
shall
30
assess
a
domestic
abuse
assault,
domestic
abuse
protective
31
order
contempt,
sexual
abuse,
stalking,
and
human
trafficking
32
victim
surcharge
of
ninety
dollars
if
an
adjudication
of
guilt
33
or
a
deferred
judgment
has
been
entered
for
a
violation
of
34
section
708.2A
,
708.11
,
or
710A.2
,
or
chapter
709
,
or
if
a
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defendant
is
held
in
contempt
of
court
for
violating
a
domestic
1
abuse
protective
order
issued
pursuant
to
chapter
236
.
2
2.
In
the
event
of
multiple
offenses,
the
surcharge
shall
be
3
imposed
for
each
applicable
offense.
4
3.
The
surcharge
shall
be
remitted
by
the
clerk
of
court
as
5
provided
in
section
602.8108,
subsection
6
.
6
Sec.
11.
RESCISSION
OF
ADMINISTRATIVE
RULES.
Contingent
7
on
the
passage
of
the
section
of
this
Act
amending
section
8
602.8107,
subsection
3,
paragraph
“a”,
the
following
9
administrative
rule
is
rescinded:
10
Iowa
administrative
code
rule
701
——
155.1(602).
11
Sec.
12.
EFFECTIVE
DATE.
The
following,
being
deemed
of
12
immediate
importance,
take
effect
upon
enactment:
13
1.
The
section
of
this
Act
amending
section
602.8105,
14
section
2,
paragraph
“h”.
15
2.
The
section
of
this
Act
amending
section
602.8107,
16
subsection
3.
17
Sec.
13.
RETROACTIVE
APPLICABILITY.
The
following
applies
18
retroactively
to
January
1,
2021,
for
collected
delinquent
19
court
debt:
20
The
section
of
this
Act
amending
section
602.8107,
21
subsection
3.
22
Sec.
14.
RETROACTIVE
APPLICABILITY.
The
following
applies
23
retroactively
to
June
25,
2020:
24
The
section
of
this
Act
amending
section
602.8105,
25
subsection
2,
paragraph
“h”.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
certain
financial
obligations,
30
including
under
the
consumer
credit
code,
and
including
under
31
the
criminal
and
juvenile
justice
system
by
modifying
criminal
32
and
civil
surcharges,
fines,
fees,
costs,
and
court
debt.
33
The
bill
provides
that
a
“consumer
credit
transaction”
does
34
not
include
goods,
services,
or
any
other
benefits
provided
by
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or
on
behalf
of
the
state
or
a
state
agency
for
purposes
of
the
1
consumer
credit
code
under
Code
chapter
537.
2
The
bill
provides
that
the
clerk
of
the
district
court
3
shall
collect,
for
applicable
convictions
that
occur
under
4
Code
section
692A.110
(registration
fees
and
civil
penalty
for
5
sex
offenders)
on
or
after
June
25,
2020,
a
civil
penalty
of
6
$260.
The
bill
makes
a
conforming
Code
change
to
Code
section
7
692A.110(2).
8
The
bill
provides
that
the
clerk
of
the
district
court
shall
9
collect
a
dishonored
check
fee
of
$30
submitted
for
the
payment
10
of
any
court
debt.
11
The
bill
amends
the
definition
of
“court
debt”
to
mean
all
12
restitution
as
defined
in
Code
section
910.1,
fees,
forfeited
13
bail,
and
other
debt
paid
to
or
collected
by
the
clerk
of
14
the
district
court.
“Restitution”
means
pecuniary
damages,
15
category
“A”
restitution,
and
category
“B”
restitution.
16
The
bill
provides
that
the
department
of
revenue
shall
17
receive
15
percent
of
all
court
debt
payments
collected
on
18
cases
assigned
to
the
department
of
revenue
for
collection
19
to
reflect
the
cost
of
processing,
with
the
remainder
of
the
20
court
debt
to
be
collected
by
the
clerk
of
the
district
court
21
for
distribution
in
accordance
with
applicable
law.
The
22
department
of
revenue
shall
not
receive
payment
from
any
court
23
debt
collected
that
is
payable
to
a
crime
victim
as
pecuniary
24
damages
until
after
the
clerk
of
the
district
court
has
25
received
the
entirety
of
the
court
debt
payable
to
the
crime
26
victim
as
pecuniary
damages.
Payments
made
by
a
person
between
27
January
1,
2021,
and
the
effective
date
of
the
bill
shall
be
28
calculated
as
if
the
payment
had
been
made
pursuant
to
Code
29
section
602.8107(3)(a)(2),
Code
2021,
and
the
department’s
fee
30
shall
be
applied
to
such
a
payment.
The
department
of
revenue
31
fee
added
to
the
court
debt
shall
be
deducted
from
the
amount
32
of
court
debt
owed
to
the
clerk
of
the
district
court.
If
a
33
payment
made
by
a
person
owing
court
debt
between
January
1,
34
2021,
and
the
effective
date
of
the
bill
reduces
the
total
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amount
of
court
debt
owed
to
zero,
the
department
of
revenue
1
shall
issue
a
refund
to
the
person
in
the
amount
attributable
2
to
the
processing
fee
added
to
the
court
debt.
Code
section
3
602.8107(3)(b)(2)
is
repealed
on
January
1,
2023.
4
Current
law
allows
the
county
attorney
or
the
county
5
attorney’s
designee
to
collect
a
percentage
of
court
debt
6
collected
after
the
court
debt
is
deemed
delinquent,
but
not
7
for
amounts
collected
for
restitution
involving
pecuniary
8
damages,
the
victim
compensation
fund,
the
crime
services
9
surcharge,
the
sex
offender
civil
penalty,
the
agricultural
10
theft
surcharge,
or
amounts
collected
as
a
result
of
written
11
off
or
setoff
debt.
The
bill
amends
debts
for
which
the
county
12
attorney
is
not
entitled
to
include
amounts
collected
for
the
13
human
trafficking
victim
surcharge,
domestic
abuse
assault,
14
domestic
abuse
protective
order
contempt,
sexual
abuse,
15
stalking,
and
a
human
trafficking
surcharge.
16
The
bill
provides
that
court
debt
that
has
been
assigned
17
to
the
department
of
revenue
for
collection
may
be
charged
18
off
from
active
collection
by
the
director
of
the
department
19
of
revenue
if
the
person
owing
the
court
debt
is
deceased
20
and
there
are
no
assets
in
the
person’s
estate
or
there
are
21
no
assets
available
for
the
payment
of
court
debt
under
Code
22
section
633.425
or
the
person
owing
the
court
debt
cannot
be
23
found
after
diligent
inquiry
and
the
director
of
the
department
24
of
revenue
determines
the
department
will
not
be
able
to
locate
25
the
person
owing
the
court
debt.
26
Court
debt
for
any
of
the
following
shall
not
be
charged
27
off
until
65
years
after
the
date
of
imposition:
victim
28
restitution,
the
victim
compensation
fund,
a
criminal
29
penalty
surcharge,
a
sex
offender
civil
penalty,
a
drug
abuse
30
resistance
education
surcharge,
a
law
enforcement
initiative
31
surcharge,
a
county
enforcement
surcharge,
or
fees
charged
32
pursuant
to
Code
section
356.7.
Charged
off
debts
shall
33
remain
due
and
owing,
but
the
judicial
branch
shall
close
the
34
corresponding
case
file
for
the
purposes
of
uncollectable
debt
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pursuant
to
the
bill.
1
The
county
attorney
or
the
county
attorney’s
designee
may
2
collect
court
debt
after
the
court
debt
is
deemed
delinquent;
3
however,
the
provision
does
not
apply
to
amounts
collected
4
for
restitution
involving
pecuniary
damages,
the
victim
5
compensation
fund,
the
crime
victim
surcharge,
the
human
6
trafficking
victim
surcharge,
domestic
abuse
assault,
domestic
7
abuse
protective
order
contempt,
sexual
abuse,
the
human
8
trafficking
surcharge,
the
agricultural
theft
surcharge,
the
9
sex
offender
civil
penalty,
or
under
Code
section
8A.504
10
(setoff
procedures).
11
The
bill
provides
that
an
appellate
court
shall
not
review
or
12
modify
any
issue
related
to
the
defendant’s
ability
to
pay
a
13
permanent
restitution
order
entered
at
the
time
of
sentencing
14
unless
the
defendant
has
exhausted
the
defendant’s
remedies
15
under
Code
section
910.7
and
obtained
a
ruling
from
the
16
district
court
prior
to
the
issue
being
raised
in
the
appellate
17
court.
18
The
bill
changes
the
headnote
for
Code
section
911.2B
to
19
domestic
and
sexual
abuse
crimes
surcharge.
20
The
bill
provisionally
rescinds
the
Iowa
administrative
21
code
rule
concerning
a
fee
for
the
collection
of
court
debt.
22
The
rule
provides
that
a
fee
of
15
percent
of
the
amount
of
23
each
court
debt
is
imposed
on
each
court
debt
that
has
been
24
assigned
to
the
department
of
revenue
for
collection
under
Code
25
section
602.8107(3).
The
bill
provides
that
the
department
of
26
revenue
shall
receive
15
percent
of
all
court
debt
payments
27
collected
on
cases
assigned
to
the
department
of
revenue
for
28
collection
to
reflect
the
cost
of
processing,
which
makes
the
29
rule
unnecessary.
30
The
bill
provides
that
the
sections
of
the
bill
amending
Code
31
sections
602.8105(2)(h)
(relating
to
civil
penalties
for
sex
32
offenders)
and
602.8107(3)
(relating
to
the
collection
of
court
33
debt
by
the
department
of
revenue)
take
effect
upon
enactment.
34
The
section
of
the
bill
amending
Code
section
602.8105(2)(h)
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