Text: SF318            Text: SF320
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
Text: SF318            Text: SF320 Complete Bill History