Bill Text: IA HF2379 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act creating a city enforcement surcharge.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-17 - Subcommittee Meeting: 02/19/2020 9:00AM House Lounge. [HF2379 Detail]
Download: Iowa-2019-HF2379-Introduced.html
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:
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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
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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
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