Complete Bill History



Senate File 319      


                                     SENATE FILE       
                                     BY  WARNSTADT


       Passed Senate, Date                Passed House, Date             
       Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                    Approved                            

                                         A BILL FOR

     1 An Act assessing a brain injury surcharge, creating a brain
     2    injury surcharge fund, and making appropriations to the fund.
     3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
     4 TLSB 2764SS 81
     5 jm/sh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  135.23  BRAIN INJURY SURCHARGE
  1  2 FUND.
  1  3    A brain injury surcharge fund is created as a separate fund
  1  4 in the state treasury under the control of the department.
  1  5 The fund shall consist of appropriations made to the fund and
  1  6 transfers of interest, earnings, and moneys required to be
  1  7 collected for deposit in the fund, including moneys received
  1  8 from the brain injury surcharge provided for in section 911.5.
  1  9 All moneys in the fund are appropriated to the department for
  1 10 use by the advisory council on brain injuries, under the
  1 11 supervision of the director of the department, to provide a
  1 12 source of funding for programs under the authority of the
  1 13 advisory council.  Any balance in the fund on June 30 of any
  1 14 fiscal year shall not revert to any other fund of the state
  1 15 but shall remain available for the purposes described in this
  1 16 section.
  1 17    Sec. 2.  Section 602.8102, subsection 135A, Code 2005, is
  1 18 amended to read as follows:
  1 19    135A.  Assess the surcharges provided by sections 911.2,
  1 20 911.3, and 911.4, and 911.5.
  1 21    Sec. 3.  Section 602.8108, subsection 2, Code 2005, is
  1 22 amended to read as follows:
  1 23    2.  Except as otherwise provided, the clerk of the district
  1 24 court shall report and submit to the state court
  1 25 administrator, not later than the fifteenth day of each month,
  1 26 the fines and fees received during the preceding calendar
  1 27 month.  Except as provided in subsections 3, 4, 5, 7, and 8,
  1 28 and 9, the state court administrator shall deposit the amounts
  1 29 received with the treasurer of state for deposit in the
  1 30 general fund of the state.  The state court administrator
  1 31 shall report to the legislative services agency within thirty
  1 32 days of the beginning of each fiscal quarter the amount
  1 33 received during the previous quarter in the account
  1 34 established under this section.
  1 35    Sec. 4.  Section 602.8108, Code 2005, is amended by adding
  2  1 the following new subsection:
  2  2    NEW SUBSECTION.  9.  The clerk of the district court shall
  2  3 remit all moneys collected from the brain injury surcharge
  2  4 provided in section 911.5 to the state court administrator for
  2  5 deposit in the brain injury surcharge fund established in
  2  6 section 135.23.
  2  7    Sec. 5.  Section 805.8, subsection 1, Code 2005, is amended
  2  8 to read as follows:
  2  9    1.  APPLICATION.  Except as otherwise indicated, violations
  2 10 of sections of the Code specified in sections 805.8A, 805.8B,
  2 11 and 805.8C are scheduled violations, and the scheduled fine
  2 12 for each of those violations is as provided in those sections,
  2 13 whether the violation is of state law or of a county or city
  2 14 ordinance.  The criminal penalty surcharge required by section
  2 15 911.1, and the county enforcement surcharge required by
  2 16 section 911.4 and the brain injury surcharge required by
  2 17 section 911.5, if applicable, shall be added to the scheduled
  2 18 fine.
  2 19    Sec. 6.  Section 902.9, unnumbered paragraph 2, Code 2005,
  2 20 is amended to read as follows:
  2 21    The surcharges required by sections 911.1, 911.2, and
  2 22 911.3, and 911.5 shall be added to a fine imposed on a class
  2 23 "C" or class "D" felon, as provided by those sections, and are
  2 24 not a part of or subject to the maximums set in this section.
  2 25    Sec. 7.  Section 903.1, subsection 4, Code 2005, is amended
  2 26 to read as follows:
  2 27    4.  The surcharges required by sections 911.1, 911.2,
  2 28 911.3, and 911.4, and 911.5 shall be added to a fine imposed
  2 29 on a misdemeanant as provided in those sections, and are not a
  2 30 part of or subject to the maximums set in this section.
  2 31    Sec. 8.  Section 909.8, Code 2005, is amended to read as
  2 32 follows:
  2 33    909.8  PAYMENT AND COLLECTION PROVISIONS APPLY TO
  2 34 SURCHARGE.
  2 35    The provisions of this chapter governing the payment and
  3  1 collection of a fine, except section 909.3A, also apply to the
  3  2 payment and collection of surcharges imposed pursuant to
  3  3 chapter 911.  However, section 909.10 shall not apply to
  3  4 surcharges assessed under sections 911.3, and 911.4, and
  3  5 911.5.
  3  6    Sec. 9.  NEW SECTION.  911.5  BRAIN INJURY SURCHARGE.
  3  7    1.  In addition to any other surcharge, the court or clerk
  3  8 of the district court shall assess a brain injury surcharge of
  3  9 seventeen dollars if an adjudication of guilt or a deferred
  3 10 judgment has been entered for a criminal violation under
  3 11 section 321.256, 321.285, 321.445, 321.446, or 321J.2.
  3 12    2.  The surcharge shall be remitted by the clerk of the
  3 13 district court as provided in section 602.8108, subsection 9.
  3 14    3.  The surcharge is subject to the provisions of chapter
  3 15 909 governing the payment and collection of fines, as provided
  3 16 in section 909.8.
  3 17                           EXPLANATION
  3 18    This bill assesses a brain injury surcharge and creates a
  3 19 brain injury surcharge fund.
  3 20    The bill assesses a brain injury surcharge in the amount of
  3 21 $17 if an adjudication of guilt or a deferred judgment has
  3 22 been entered for any of the following offenses:  321.256
  3 23 (failure to obey traffic control device); 321.285 (speeding);
  3 24 321.445 (safety belt violations); 321.446 (child restraint
  3 25 device violations); or 321J.2 (operating while intoxicated).
  3 26    The bill also creates a brain injury surcharge fund under
  3 27 the control of the Iowa department of public health.  Under
  3 28 the bill, moneys from the assessment of the brain injury
  3 29 surcharge are appropriated to the brain injury fund including
  3 30 surcharge moneys deemed delinquent.  The bill provides that
  3 31 the moneys in the fund shall be used by the advisory council
  3 32 on brain injuries, under the supervision of the director of
  3 33 the department of public health, to provide a source of
  3 34 funding for programs under the authority of the advisory
  3 35 council.  Any balance in the fund on June 30 of any fiscal
  4  1 year shall not revert to any other fund of the state but shall
  4  2 remain available for the purposes described in the new
  4  3 provisions.
  4  4 LSB 2764SS 81
  4  5 jm:nh/sh/8