Iowa 2021-2022 Regular Session Status: Enacted

SF 367 — 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. (Formerly SSB 1146.) Effective date: Enactment, 01/01/2022, 07/01/2021. Applicability date: 07/15/2020.

Last action — Fiscal note.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2021. Enacted.

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Where this bill stands today.

Odds of enactment

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Bill Text

What changed in the latest version

218 added · 240 removed

218 line(s) added, 240 removed.

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O f f i c e o f t h e G o v e r n o r Kim R e y n o l d s AL T G O V E R N O R G O V E R N O R June8,2021 T h e Honorable Paul Pate SecretaryofStateofIowa StateCapitol Des Moines,Iowa 50319 Dear Mr.Secretary, Iherebytransmit:
Senate File 367 - Enrolled Senate File 367 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.
SenateFile367,anActrelatingtocertainfinancialobligations,includingundertheconsumer creditcode,andincludingunderthecriminalandjuvenilejustcesystembymodifying criminalandciilsurcharges,fines,fees,costs,andcourtdebtprovidingvilpenalties,and includingeffectivedateandretroactiveapphcabihtyprovisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TheaboveSenateFileisherebyapprovedonthisdate.
Section 1.
Sincerely, jrnolds Governor oflowa^J cc:
Section 537.1301, subsection 12, Code 2021, is amended to read as follows:
SecretaryoftheSenate Clerk of the House STATE CAPITOL DES MOINES,I O W A 50319 515.281.5211 FAX 515.725.3WWW.GOVERNOR.IOWA.GOV niSHT MEiiiiiiiiiiiniiiiyiiiiiiiiiniiiiiTiiiiiietL^iiiiiiiiiiiHiiiiMiiiiiiiiiiiiiiiiNiiiiiin G E N E R A L A S S E M B L .Y ;!i!ig)i!U iiii!iiiiiiiiiiiifliiiiiiiiiiiiiiii!!i!ii!in!!iiiiiiiiiiiiiiiiiiiiiii(M iniiiiiiiiiiiiiiiiiiiiiaiaii!iiiiiiiti!iiiiinuaim iiiiiiiiiiiiiiiiii!iiiii[!E :!]nn)H iE iii!iiiii;[3E i:;!! S e n a te F i l e 367 A N A C T RELATING TO CERTAIN FIN A N C IA L O BLIG ATIO NS, INCLUDING UNDER THE CONSUMER CREDIT CODE, AND INCLUDING UNDER THE C R IM IN A L AND J U V E N IL EJ U S T IC E SYSTEM BY M O D IF Y IN G C R IM IN A L AND C IV IL SURCHARGES, F IN E S , FEES, COSTS, AND COURT DEBT, PRO VIDING C IV IL P E N A LTIE S , AND INCLUDING EFFEC TIVE DATE AND R E T R O A C T IV A P P L IC A B IL IT YP R O V IS IO N S .
12.
BE I T EN AC TED BY TH E G EN ER AL A S S E M B LYOF TH E S T A T E OF IO W A :
“Consumer credit transaction” means a consumer credit sale or consumer loan, or a refinancing or consolidation thereof, or a consumer lease, or a consumer rental purchase agreement.
S e c tio n 1 .
“Consumer credit transaction” does not include goods, services, or any other benefits provided by or on behalf of the state or a state agency.
S e c tio n 5 3 7 .1 3 0 1 ,s u b s e c tio n1 2 , Code 2 0 2 1 ,is a m e n d e dt o r e a d a s f o l l o w s :
2 .
'^Consumer c r e d it tr a n s a c tio n " m eans a consum er c r e d it sa le or consumer lo a n , or a re fin a n c in g or c o n s o lid a tio n th e re o f, o r a consumer le a s e , o r a consumer re n ta l purchase agreement.
"^Consumer c re d it tra n s a c tio n " does not in clu d e goods, s e rv ic e s , or any o th e r b e n e fits p ro v id e d by or on b e h a lf o f th e s ta te o r a s ta te a g e n c y .
S e c tio n 602.8105, s u b s e c tio n2, paragraph h.
Section 602.8105, subsection 2, paragraph h, Code 2021, is amended to read as follows:
Code 0 2 1 , is am ended to re a d as f o llo w s :
For a p p lic a b le c o n v ic tio n s under se ctio n 692A.110 p rio r to J u ly 1, 2000, a c i v i l p e n a lty o f two hundred ten d o lla rs , and fo r a p p lic a b le c o n v ic tio n sunder s e c tio n 602A.110 on or a fte r J u ly 1,—2000 June 25, 2020, a c i v i l p e n a lty o f two hundred s ix ty d o lla r s .
For applicable convictions under section 692A.110 prior to July 1, 2009, a civil penalty of two hundred ten dollars, and for applicable convictions under section 692A.110 on or after July 1, 2009 June 25, 2020, a civil penalty of two hundred sixty dollars.
S e c tio n 602.8107, s u b s e c tio n1, paragraph a.
Section 602.8107, subsection 1, paragraph a, Code 2021, is amended to read as follows:
Code 0 2 1 ,is am ended to re a d as f o llo w s :
Senate File 367, p.
Senate Pile 367# p.
2 a.
2 a .
“Court debt” means all restitution as defined in section 910.1, fees, and forfeited bail, and other debt paid to or collected by the clerk of the district court .
"^Court d e b t " means all restitution as defined in section 910.1, fees, and forfeited bail, and other debt paid to or collected by the clerk of the district court.
Section 602.8107, subsection 3, Code 2021, is a m e n dt or e aa sf o l l o w s :
Section 602.8107, subsection 3, Code 2021, is amended to read as follows:
-fi-)- Thirty days after court debt has been assessed and full payment has not been received, or if an installment payment is not received within thirty days after the date it is due, the judicial branch shall assign a case to the department of revenue, unless the case has been assigned to the county attorney under paragraph "^d".
(1) Thirty days after court debt has been assessed and full payment has not been received, or if an installment payment is not received within thirty days after the date it is due, the judicial branch shall assign a case to the department of revenue, unless the case has been assigned to the county attorney under paragraph “c” “d”.
-(-2-)—The department of revenue may impose a fee established by rule to reflect the cost of processing which shall be added t ot h ed e bo w et o t hc l e ro ft h d i s t rc o u r t .
(2) The department of revenue may impose a fee established by rule to reflect the cost of processing which shall be added to the debt owed to the clerk of the district court.
(1) In addition,—court debt which is being collected under an installment agreement pursuant to section 321.210B which is in default that remains delinquent shall remain assigned to the department of rcvGnuo if the installment agreement was executed with the department of revenue;
(1) In addition, court debt which is being collected under an installment agreement pursuant to section 321.210B which is in default that remains delinquent shall remain assigned to the department of revenue if the installment agreement was executed with the department of revenue;
or to the county attorney or county attorney's designee if the installment agreement was executed with the county attorney or county attorney's designee The department of revenue shall receive fifteen percent of each court debt payment collected on cases assigned to the department of revenue for collection to reflect the cost of processing and the remaining eighty-five percent of such court debt collected shall be paid to the clerk of the district court for distribution under section 602.8108.
or to the county attorney or county attorney’s designee if the installment agreement was executed with the county attorney or county attorney’s designee The department of revenue shall receive fifteen percent of each court debt payment collected on cases assigned to the department of revenue for collection to reflect the cost of processing and the remaining eighty-five percent of such court debt collected shall be paid to the clerk of the district court for distribution under section 602.8108.
The department of revenue collection fee shall not include the a m o u n t of c o u r t d e b t collrestitution involving pecuniary damages, the victim compensation fund, the crime services surcharge, the domestic and sexual abuse crimes surcharge, the agricultural surcharge, the sex offender civil penalty.
The department of revenue collection fee shall not include the amount of court debt collected for restitution involving pecuniary damages, the victim compensation fund, the crime services surcharge, the domestic and sexual abuse crimes surcharge, the agricultural surcharge, the sex offender civil penalty .
(2) Payments made by a person under subparagraph (1) between January 1, 2021, and January 1, 2022, including any portion of the payment applied to the department of revenue^s processing fee, shall be reapplied as if no department of revenue processing fee had been added to the amount owed.
(2) Payments made by a person under subparagraph (1) between January 1, 2021, and January 1, 2022, including any portion of the payment applied to the department of revenue’s processing fee, shall be reapplied as if no department of revenue processing fee had been added to the amount owed.
The Senate File 367r p.
The Senate File 367, p.
If a payment made by a person owing court debt between January 1, 2021, and January 1, 2022, reduces the person^s total amount of court debt owed to zero, the clerk of the district court shall issue a refund to the person in the amount attributable to the processing fee added to the court debt.
If a payment made by a person owing court debt between January 1, 2021, and January 1, 2022, reduces the person’s total amount of court debt owed to zero, the clerk of the district court shall issue a refund to the person in the amount attributable to the processing fee added to the court debt.
T h e centralized d e b t collection f a c i l i t i e s of the department of revenue established pursuant to section 421.17, subsection 21, shall collect court debt assigned to the department of revenue pursuant to this section.
The centralized debt collection facilities of the department of revenue established pursuant to section 421.17, subsection 27, shall collect court debt assigned to the department of revenue pursuant to this section.
Gt dj_ Thirty days after court debt has been assessed and full payment has not been received, or if an installment payment is not received within thirty days after the date it is due, and if a county attorney has filed with the clerk o ft h d i s t r i c t c n o t i c ef u l l c o m m t o c o l l e c t delinquent court debt pursuant to subsection 4, the case shall be assigned to the county attorney as provided in subsection 4.
c.
The judicial branch shall assign cases with delinquent court debt to a county attorney in the same format and with the same frequency as cases with delinquent court debt are assigned to the department of revenue under paragraph ^a", and a county attorney shall not be required to file an individual notice of full commitment to collect delinquent court debt for each assigned case.
d.
If the county attorney or the county attorney's designee, while collecting delinquent court debt pursuant to subsection 4, determines that a person owes additional court debt for which a case has not been assigned by the judicial branch, the county attorney or the county attorney's designee shall notify the clerk of the district court of the appropriate case numbers and the judicial branch shall assign these cases to the county attorney for collection if the additional court debt is delinquent.
Thirty days after court debt has been assessed and full payment has not been received, or if an installment payment is not received within thirty days after the date it is due, and if a county attorney has filed with the clerk of the district court a notice of full commitment to collect delinquent court debt pursuant to subsection 4, the case shall be assigned to the county attorney as provided in subsection 4.
The judicial branch shall assign cases with delinquent court debt to a county attorney in the same format and with the same frequency as cases with delinquent court debt are assigned to the department of revenue under paragraph “a”, and a county attorney shall not be required to file an individual notice of full commitment to collect delinquent court debt for each assigned case.
If the county attorney or the county attorney’s designee, while collecting delinquent court debt pursuant to subsection 4, determines that a person owes additional court debt for which a case has not been assigned by the judicial branch, the county attorney or the county attorney’s designee shall notify the clerk of the district court of the appropriate case numbers and the judicial branch shall assign these cases to the county attorney for collection if the additional court debt is delinquent.
Section 602.8107, subsection 4, paragraph a.
Section 602.8107, subsection 4, paragraph a, Code 2021, is amended to read as follows:
Code 2021, is amended to read as follows:
This subsection does not apply to amounts collected for restitution involving pecuniary damages, the victim compensation fund, the crime services surcharge, sex offender Senate File 367f p.
This subsection does not apply to amounts collected for restitution involving pecuniary damages, the victim compensation fund, the crime services surcharge, sex offender Senate File 367, p.
4 civil penalty^ the domestic and sexual abuse crimes surcharge, the agricultural theft surcharge, or amounts collected as a result of procedures initiated under subsection 5 the sex offender civil penalty, or under section 8A.504.
4 civil penalty, the domestic and sexual abuse crimes surcharge, the agricultural theft surcharge, or amounts collected as a result of procedures initiated under subsection 5 the sex offender civil penalty, or under section 8A.504.
6 .
6.
Section 602.8107, subsection 5 , Code 2021, is amended by striking the subsection and inserting in lieu thereof the following:
Section 602.8107, subsection 5, Code 2021, is amended by striking the subsection and inserting in lieu thereof the following:
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U n c o l l e c t i b l e d e b t .
5.
Uncollectible debt.
(1) The person owing the court debt is deceased and there are no assets in the person's estate or there are no assets available for the payment of court debt under section 633.425.
(1) The person owing the court debt is deceased and there are no assets in the person’s estate or there are no assets available for the payment of court debt under section 633.425.
7 .
7.
Section 692A.110, subsection 2, Code 2021, is a m e n t o r e aa sf o l l o w s :
Section 692A.110, subsection 2, Code 2021, is amended to read as follows:
5 1995, which requires a sex offender to register under this chapter, the offender shall be assessed a civil penalty of two hundred dollars^—to be payable to the clerk of the district court as provided in section 602.8105 and distributed as provided in section 602.8108.—With respect to a conviction for a public offense committed on or after July 1,—2000y which requires a sex offender to rcgioter under this chapter, the offender shall be assessed a civil penalty of two hundred fifty dollars, payable to the clerk of the district court as provided in section 602.8105 and distributed as provided in section 0 2 .
5 1995, which requires a sex offender to register under this chapter, the offender shall be assessed a civil penalty of two hundred dollars, to be payable to the clerk of the district court as provided in section 602.8105 and distributed as provided in section 602.8108.
8 1 0 8 .
With respect to a conviction for a public offense committed on or after July 1, 2009, which requires a sex offender to register under this chapter, the offender shall be assessed a civil penalty of two hundred fifty dollars, payable to the clerk of the district court as provided in section 602.8105 and distributed as provided in section 602.8108.
8 .
Section 910.3, subsection 8 , Code 2021, is amended t or e aa s f o l l o w s ;
Section 910.3, subsection 8, Code 2021, is amended to read as follows:
8.
An appellate court shall not review or modify any issue related to a defendants ability to pay unless the defendant has exhausted the defendant'^s remedies under section 910.7 and obtained a ruling from the district court prior to the issue being raised in the appellate court.
An appellate court shall not review or modify any issue related to a defendant’s ability to pay unless the defendant has exhausted the defendant’s remedies under section 910.7 and obtained a ruling from the district court prior to the issue being raised in the appellate court.
Section 911.2B, Code 2021, is amended to read as f o l l o w s :
Section 911.2B, Code 2021, is amended to read as follows:
911.2B Domestic abuse assaults domestic abuse protective order contempty and sexual abusei stalkingy and human trafficking crimes surcharge.
911.2B Domestic abuse assault, domestic abuse protective order contempt, and sexual abuse, stalking, and human trafficking crimes surcharge.
In addition to any other surcharge, the court shall assess a domestic abuse assault, domestic abuse protective order contempt,—sexual abuse,—stalking, and human trafficking victim domestic and sexual abuse crimes surcharge of ninety dollars if an adjudication of guilt or a deferred judgment has been entered for a violation of section 708.2A, 708.11, or 710A.2, or chapter 709, or if a defendant is held in contempt of court for violating a domestic abuse protective order issued pursuant to chapter 236.
In addition to any other surcharge, the court shall assess a domestic abuse assault, domestic abuse protective order contempt, sexual abuse, stalking, and human trafficking victim domestic and sexual abuse crimes surcharge of ninety dollars if an adjudication of guilt or a deferred judgment has been entered for a violation of section 708.2A, 708.11, or 710A.2, or chapter 709, or if a defendant is held in contempt of court for violating a domestic abuse protective order issued pursuant to chapter 236.
S e c .
Sec.
1 0R E S C I S O FA D M I N I S T R U L E S .
10.
RESCISSION OF ADMINISTRATIVE RULES.
Iowa administrative code, rule 155.1.
701 Iowa administrative code, rule 155.1.
As soon as practicable, the Iowa administrative code editor shall remove the language of the Iowa administrative r u l er e f e r ei ns u b s e c t o ft h i s e c t i o nt h eI o w a a d m i n i s t c o d e .
As soon as practicable, the Iowa administrative code editor shall remove the language of the Iowa administrative rules referenced in subsection 1 of this section from the Iowa administrative code.
e S e c 1 1 .E F F E C D A T E .
Sec.
11.
EFFECTIVE DATE.
The section of this Act amending section 602.8105, section 2, paragraph ^^h", being deemed of immediate importance, takes effect upon enactment.
The section of this Act amending section 602.8105, section 2, paragraph “h”, being deemed of immediate importance, takes effect upon enactment.
The section of this Act amending section 602.8105, subsection2, paragraph "h".
The section of this Act amending section 602.8105, subsection 2, paragraph “h”.
ARE CHAPMAN / PAT GRASSLEY President of the Senate Speaker of^he House I hereby certify that this bill originated in the Senate and is known as Senate File 367, Eighty-ninth General Assembly.
______________________________ ______________________________ JAKE CHAPMAN PAT GRASSLEY President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 367, Eighty-ninth General Assembly.
W .
______________________________ W.
C H A R S M I T H S O N Secretary of tmK Senate Approved ^ 2021 K I MR E Y N O L D S G o v e r n o r
CHARLES SMITHSON Secretary of the Senate Approved _______________, 2021 ______________________________ KIM REYNOLDS Governor
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Amendments

3 amendments

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Action History

  1. Fiscal note.

  2. Explanation of vote.

  3. Signed by Governor.

  4. Reported correctly enrolled, signed by President and Speaker, and sent to Governor.

  5. Explanation of vote.

  6. Message from Senate.

  7. Immediate message.

  8. Passed Senate, yeas 45, nays 0.

  9. Senate concurred with S-3200.

  10. Explanation of vote.

  11. Explanation of vote.

  12. Fiscal note.

  13. Message from House, with amendment S-3200.

  14. Immediate message.

  15. Passed House, yeas 86, nays none.

  16. Amendment H-1412 adopted.

  17. Amendment H-1412 filed.

  18. Committee report, recommending passage.

  19. Subcommittee recommends passage. Vote Total: 3-0

  20. Subcommittee Meeting: 04/14/2021 8:00AM House Lounge 1.

  21. Subcommittee: Hite, Mitchell and Wolfe.

  22. Pursuant to Rule 31.7, referred to Ways and Means.

  23. Committee report, recommending passage.

  24. Subcommittee recommends passage. Vote Total: 3-0

  25. Subcommittee Meeting: 03/09/2021 8:45AM RM 102, Sup. Ct. Consult.

  26. Subcommittee: Hite, Mitchell and Wolfe.

  27. Read first time, referred to Judiciary.

  28. Fiscal note.

  29. Message from Senate.

  30. Immediate message.

  31. Passed Senate, yeas 48, nays 0.

  32. Amendment S-3035 filed, adopted.

  33. Fiscal note.

  34. Committee report, approving bill.

  35. Introduced, placed on Ways and Means calendar.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 150 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

finance
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This bill has been enacted into law. Introduced February 15, 2021. Enacted.
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