General Assembly: 75 (1994 Regular GA) - Chapter 1074 - Collection and disposition of court fees, fines, and surcharges


Published: 1994-04-14

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CH. 1074 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 152

CHAPTER 1074 COLLECTION AND DISPOSITION OF COURT FEES, FINES, AND SURCHARGES

S.F.413

AN ACT relating to the collection and disposition of civil and criminal fees and fines, distribu· tion of court revenue.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 144.46, Code 1993, is amended to read as follows: 144.46 FEE FOR COpy OF RECORD. The department by rule shall establish fees based on the average administrative cost which

shall be collected by the state registrar or the clerk of the district court for each certified coPY or short form certification of certificates or records, or for a search of the files or records when no copy is made, or when no record is found on file. Fees collected by the state registrar under this section shall be deposited in the general fund of the state. Fees collected by the clerk of the district court shall be deposited in the eetH't- Feveaue distFiimtiea account established under section 602.8108. A fee shall not be collected from a political subdivision or agency of this state.

Sec. 2. Section 321.491, unnumbered paragraph 3, Code Supplement 1993, is amended to read as follows:

The abstract must be made upon a form furnished by the department or by copying ~ uni- form citation and complaint or by using an electronic process which accurately reproduces or forms ~ durable medium for accurately and legibly reproducing an unaltered image or reproduc- tion of the citation, and shall must include the name and address of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, or whether the bail was forfeited, the amount of the fine or forfeiture, and any court recommendation, if any, that the person's motor vehicle license be suspended. The department shall consider and act upon the recommendation.

Sec. 3. Section 331.427, subsection 1, unnumbered paragraph 1, Code 1993, is amended to read as follows:

Except as otherwise provided by state law, county revenues from taxes and other sources for general county services shall be credited to the general fund of the county, including revenues received under sections 101A.3, 101A.7,123.36, 123.143,142B.6, 176A.8, 321.105, 321.152, 321G.7, 331.554, subsection 6, 341A.20, 364.3, 368.21, 422.65, 422A.2, 428A.8, 430A.3, 433.15, 434.19, 445.57, 453A.35, 458A.21, 483A.12, 533.24, 556B.1, 567.10, 583.6, 602.8108, 904.908, and 906.17, aOO 9l-l-.&, and chapter 405A, and the following:

Sec. 4. Section 364.3, subsection 2, Code 1993, is amended to read as follows: 2. A city shall not provide a penalty in excess of a one hundred dollar fine or in excess of

thirty days imprisonment for the violation of an ordinance. An amount equal to ten percent of all fines collected by cities shall be deposited in the eetH't- Feveaue distFibutiea account estab- lished in section 602.8108. However, one hundred percent of all fines collected by a city pur- suant to section 321.236, subsection 1, shall be retained by the city. The criminal penalty sur- charge required by section 911.2 shall be added to a city fine and is not a part of the city's penalty.

Sec. 5. Section 602.8105, Code 1993, is amended by striking the section and inserting in lieu thereof the following:

602.8105 FEES FOR CIVIL CASES AND OTHER SERVICES - COLLECTION AND DIS- POSITION.

1. The clerk of the district court shall collect the following fees: a. For filing and docketing a petition, other than a modification of a dissolution decree to

which a written stipulation is attached at the time of filing containing the agreement of the parties to the terms of modification, eighty dollars. In counties having a population of ninety- eight thousand or over, an additional five dollars shall be charged and collected to be known as the journal publication fee and used for the purposes provided for in section 618.13.

153 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION CH. 1074

b. For filing and docketing an application for modification of a dissolution decree to which a written stipulation is attached at the time of filing containing the agreement of the parties to the terms of modification, twenty-five dollars.

c. For entering a final decree of dissolution of marriage, thirty dollars. It is the intent of the general assembly that the funds generated from the dissolution fees be appropriated and used for sexual assault and domestic violence centers.

d. For filing and docketing a small claims action, the amounts specified in section 631.6. e. For an appeal from a judgment in small claims or for a writ of error, fifty dollars. 2. The clerk of the district court shall collect the following fees for miscellaneous services: a. For filing an application for a license to marry, thirty dollars. For issuing an application

for an order of the district court authorizing the issuance of a license to marry prior to the expiration of three days from the date of filing the application for the license, five dollars. The court shall authorize the issuance of a marriage license without the payment of any fees imposed by this paragraph upon a showing that the applicant is unable to pay the fees.

b. For filing, entering, and endorsing a mechanic's lien, ten dollars, and if a suit is brought, the fee is taxable as other costs in the action.

c. For filing and entering an agricultural supply dealer's lien and any other statutory lien, ten dollars.

d. For a certificate and seal, ten dollars. However, there shall be no charge for a certificate and seal to an application to procure a pension, bounty, or back pay for a soldier or other person.

e. For certifying a change in title of real estate, ten dollars. £. Other fees provided by law. 3. The clerk of the district court shall pay to the treasurer of state all fees which have come

into the clerk's possession and which are unclaimed pursuant to section 556.8 accompanied by a form prescribed by the treasurer. Claims for payment of the moneys must be filed pur- suant to chapter 556.

Sec. 6. Section 602.8106, Code Supplement 1993, is amended by striking the section and inserting in lieu thereof the following:

602.8106 COLLECTION OF FEES IN CRIMINAL CASES AND DISPOSITION OF FEES AND FINES.

1. The clerk of the district court shall collect the following fees: a. Except as otherwise provided in paragraphs "b" and "c", for filing and docketing a crimi-

nal case to be paid by the county or city which has the duty to prosecute the criminal action, payable as provided in section 602.8109, thirty dollars. When judgment is rendered against the defendant, costs collected from the defendant shall be paid to the county or city which has the duty to prosecute the criminal action to the extent necessary for reimbursement for fees paid. However, the fees which are payable by the county to the clerk of the district court for services rendered in criminal actions prosecuted under state law and in habitual offender actions pursuant to section 321.556, and the court costs taxed in connection with the trial of those actions or appeals from the judgments in those actions are waived.

b. For filing and docketing of a complaint or information for a simple misdemeanor and a complaint or information for a nonscheduled simple misdemeanor under chapter 321, twenty- five dollars.

c. For filing and docketing a complaint or information or uniform citation and complaint for parking violations under sections 321.236, 321.239, 321.358, 321.360, and 321.361, one dollar, effective January 1, 1991. The court costs in cases of parking meter and overtime parking violations which are denied, and charged and collected pursuant to section 321.236, subsection 1, or pursuant to a uniform citation and complaint, are eight dollars per information or com- plaint or per uniform citation and complaint effective January 1, 1991.

d. The court costs in scheduled violation cases where a court appearance is required are twenty-five dollars.

e. For court costs in scheduled violation cases where a court appearance is not required, fifteen dollars.

CH. 1074 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 154

f. For an appeal of a simple misdemeanor to the district court, fifty dollars. 2. The clerk of the district court shall remit ninety percent of all fines and forfeited bail

to the city that was the plaintiff in any action, and shall provide that city with a statement showing the total number of cases, the total of all fines and forfeited bail collected, and the total of all cases dismissed. The remaining ten percent shall be submitted to the state court administrator.

3. The clerk of the district court shall remit all fines and forfeited bail for violation of a county ordinance, except an ordinance relating to vehicle speed or weight restrictions, to the county treasurer of the county that was the plaintiff in the action, and shall provide that county with a statement showing the total number of cases, the total of all fines and forfeited bail collected, and the total of all cases dismissed. However, if a county ordinance provides a penalty for a violation which is also penalized under state law, the fines and forfeited bail collected for the violation shall be submitted to the state court administrator.

4. The clerk of the district court shall submit all other fines, fees, costs, and forfeited bail received from a magistrate to the state court administrator.

Sec. 7. Section 602.8108, Code 1993, is amended by striking the section and inserting in lieu thereof the following:

602.8108 DISTRIBUTION OF COURT REVENUE. 1. The clerk of the district court shall establish an account and deposit in this account all

revenue and other receipts. Not later than the fifteenth day of each month, the clerk shall distribute all revenues received during the preceding calendar month. Each distribution shall be accompanied by a statement disclosing the total amount of revenue received during the accounting period and any adjustments of gross revenue figures that are necessary to reflect changes in the balance of the account, including but not limited to reductions resulting from the dishonor of checks previously accepted by the clerk.

2. Except as otherwise provided, the clerk of the district court shall report and submit to the state court administrator, not later than the fifteenth day of each month, the fines and fees received during the preceding calendar month. Except as provided in subsection 5, the state court administrator shall deposit the amounts received with the treasurer of state for deposit in the general fund of the state. The state court administrator shall report to the legis- lative fiscal bureau within thirty days of the beginning of each fiscal quarter the amount received during the previous quarter in the account established under this section.

3. When a court assesses a criminal surcharge under section 911.2, the amounts collected shall be distributed as follows:

a. The clerk of the district court shall submit to the state court administrator, not later than the fifteenth day of each month, ninety-five percent of the surcharge collected during the preced- ing calendar month. The clerk shall remit the remainder to the county treasurer of the county that was the plaintiff in the action or to the city that was the plaintiff in the action.

b. Of the amount received from the clerk, the state court administrator shall allocate eight- een percent to be deposited in the fund established in section 912.14 and eighty-two percent to be deposited in the general fund.

4. A court technology and modernization fund is established as a separate fund in the state treasury. The state court administrator shall allocate one million dollars of the moneys received under subsection 2 to be deposited in the fund, which shall be administered by the supreme court and shall be used as follows:

a. Eighty percent shall be used to enhance the ability of the judicial department to process cases more quickly and efficiently, to electronically transmit information to state government, local governments, law enforcement agencies, and the public, and to improve public access to the court system. Moneys in this paragraph shall not be used for the Iowa court information system.

b. Twenty percent shall be used in equal amounts to facilitate alternative dispute resolu- tion and methods to resolve domestic abuse cases, which may include personnel for hearings under section 236.4.

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Sec. 8. Section 625.8, subsection 3, Code 1993, is amended to read as follows: 3. Revenue from the fees required by this section shall be deposited in the eotH't- revenue

distribution account established under section 602.8108.

Sec. 9. Section 626A.5, Code 1993, is amended by striking the section and inserting in lieu thereof the following:

626A.5 FEE. For filing a foreign judgment, the clerk shall collect a fee in the amount collected for filing

and docketing a petition under section 602.8105, subsection 1, paragraph "a".

Sec. 10. Section 631.6, Code 1993, is amended by striking the section and inserting in lieu thereof the following:

631.6 FEES AND COSTS. 1. The clerk of the district court shall collect the following fees and costs in small claims

actions, which shall be paid in advance and assessed as costs in the action: a. Fees for filing and docketing shall be thirty dollars. b. Fees for service of notice on nonresidents are as provided in section 617.3. c. Postage charged for the mailing of original notice shall be the actual costs of the postage. d. Fees for personal service by peace officers or other officials of the state are the amounts

specified by law. 2. The amounts collected for filing and docketing shall be distributed as provided in section

602.8108.

Sec. 11. Section 633.20, subsection 2, Code Supplement 1993, is amended to read as follows: 2. The court may appoint the clerk as referee in probate. In such cases, the fees received

by the clerk for serving in the capacity of referee are fees of the office of the clerk of court and shall be deposited in the eotH't- revenue distribution account established under section 602.8108.

Sec. 12. Section 633.31, subsection 2, unnumbered paragraph 1, Code 1993, is amended to read as follows:

The clerk shall charge and collect the following fees in connection with probate matters, which shall be deposited in the eotH't- revenue distribution account established under section 602.8108:

Sec. 13. Section 633.31, subsection 2, paragraph i, Code 1993, is amended to read as follows: i. For certifying change of title .................................... &.00

10.00

Sec. 14. Section 674.10, Code 1993, is amended by striking the section and inserting in lieu thereof the following:

674.10 FEE. For filing a petition for change of name, the clerk shall collect a fee in the amount collected

for filing and docketing a petition under section 602.8105, subsection 1, paragraph "a".

Sec. 15. Section 805,6, subsection 1, paragraph a, unnumbered paragraph 1, Code 1993, is amended to read as follows:

The commissioner of public safety, the director of transportation, and the director of natural resources, acting jointly, shall adopt a uniform, combined citation and complaint which shall be used for charging all traffic violations in Iowa under state law or local regulation or ordinance, and which shall be used for charging all other violations which are designated by section 805.8 to be scheduled violations. The filing fees and court costs in cases of parking meter and over- time parking violations which are denied are as stated in section 602.8106, subsection 1. The court costs in scheduled violation cases where a court appearance is not required are ten- del- laPs as stated !..!! section 602.8106, subsection!. The court costs in scheduled violation cases

CH. 1074 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 156

where a court appearance is required are fifteen deHaPs as stated in section 602.8106, subsec- tion!. This subsection does not prevent the charging of any of those violations by informa- tion, by private complaint filed under chapter 804, or by a simple notice of fine where permit- ted by section 321.236, subsection 1. Each uniform citation and complaint shall be serially numbered and shall be in quintuplicate, and the officer shall deliver the original and a copy to the court where the defendant is to appear, two copies to the defendant, and a copy to the law enforcement agency of the officer. The court shall forward an abstract of the uniform cita- tion and complaint in accordance with section 321.491 when applicable.

Sec. 16. Section 805.6, subsection 1, paragraph a, Code 1993, is amended by adding the fol- lowing new unnumbered paragraph:

NEW UNNUMBERED PARAGRAPH. Notwithstanding other contrary requirements of this section, a uniform citation may be originated from a computerized device. The officer issuing the citation through a computerized device shall give two copies of the citation to the person cited and shall provide a record of the citation to the court where the person cited is to appear and to the law enforcement agency of the officer by an electronic process which accurately reproduces or forms a durable medium for accurately and legibly reproducing an unaltered image or copy of the citation.

Sec. 17. Section 911.1, Code 1993, is amended to read as follows: 911.1 CRIMINAL PENALTY SURCHARGE ESTABLISHED. A criminal penalty surcharge shall be levied against certain law violators as provided in

section 911.2. The surcharge shall be deposited as provided in section 9lh8 602.8108, subsection ~ and shall be used for the maintenance and improvement of criminal justice programs, law enforcement efforts, victim compensation, crime prevention, and improve- ment of the professional training of personnel, and the planning and support services of the criminal justice system.

Sec. 18. Section 911.3, Code 1993, is repealed.

Approved April 14, 1994

CHAPTER 1075 CITY EMERGENCY MEDICAL SERVICES DISTRICTS

H.F.2116

AN ACT relating to the establishment of city emergency medical services districts, and the levying of a property tax, and providing a retroactive applicability date.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 357G.l DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. "Council" means the city council of a city. 2. "District" means a city emergency medical services district. 3. "Trustee" means a trustee of a district.

Sec. 2. NEW SECTION. 357G.2 PETITION FOR PUBLIC HEARING. 1. The council shall, on the petition of twenty-five percent of the resident property owners

in a proposed district if the assessed valuation of the property owned by the petitioners represents at least twenty-five percent of the total assessed value of the proposed district, hold a public hearing concerning the establishment of a proposed district. The petition shall