Bill Text: IA HF209 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to physical defense training and firearms training including the creation of a domestic abuse assault fund, and providing for a sales tax refund and a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-10 - Subcommittee reassigned, Baudler, Kressig, and Tjepkes. H.J. 53. [HF209 Detail]
Download: Iowa-2011-HF209-Introduced.html
House
File
209
-
Introduced
HOUSE
FILE
209
BY
WINDSCHITL
A
BILL
FOR
An
Act
relating
to
physical
defense
training
and
firearms
1
training
including
the
creation
of
a
domestic
abuse
assault
2
fund,
and
providing
for
a
sales
tax
refund
and
a
fee.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1445YH
(4)
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rh/nh
H.F.
209
Section
1.
Section
423.4,
Code
2011,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
9.
A
person
in
possession
of
a
certificate
3
of
completion
of
a
self-defense
training
course
issued
pursuant
4
to
section
724.9A
may
apply
to
the
director
for
a
refund
of
5
the
amount
of
sales
tax
imposed
and
paid
upon
purchases
of
6
self-defense
items
and
firearms
by
the
applicant
as
provided
7
in
section
724.9A.
8
Sec.
2.
Section
602.8102,
subsection
135A,
Code
2011,
is
9
amended
to
read
as
follows:
10
135A.
Assess
the
surcharges
provided
by
sections
911.1
,
11
911.2
,
911.3
,
and
911.4
,
and
911.5
.
12
Sec.
3.
Section
602.8108,
subsection
2,
Code
2011,
is
13
amended
to
read
as
follows:
14
2.
Except
as
otherwise
provided,
the
clerk
of
the
district
15
court
shall
report
and
submit
to
the
state
court
administrator,
16
not
later
than
the
fifteenth
day
of
each
month,
the
fines
and
17
fees
received
during
the
preceding
calendar
month.
Except
as
18
provided
in
subsections
3,
4
,
5,
7,
8,
9,
and
10,
and
11,
the
19
state
court
administrator
shall
deposit
the
amounts
received
20
with
the
treasurer
of
state
for
deposit
in
the
general
fund
of
21
the
state.
The
state
court
administrator
shall
report
to
the
22
legislative
services
agency
within
thirty
days
of
the
beginning
23
of
each
fiscal
quarter
the
amount
received
during
the
previous
24
quarter
in
the
account
established
under
this
section
.
25
Sec.
4.
Section
602.8108,
Code
2011,
is
amended
by
adding
26
the
following
new
subsection:
27
NEW
SUBSECTION
.
11.
The
clerk
of
the
district
court
28
shall
remit
all
moneys
collected
from
the
domestic
abuse
29
assault
surcharge
provided
in
section
911.5
to
the
state
court
30
administrator
no
later
than
the
fifteenth
day
of
each
month
for
31
deposit
in
the
domestic
abuse
assault
fund
created
in
section
32
708.2D.
33
Sec.
5.
NEW
SECTION
.
708.2D
Domestic
abuse
assault
fund.
34
A
domestic
abuse
assault
fund
is
established
as
a
separate
35
-1-
LSB
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4
H.F.
209
fund
in
the
state
treasury.
Moneys
deposited
in
the
fund
shall
1
be
administered
by
the
department
of
justice
and
dedicated
and
2
used
for
purposes
of
funding
the
self-defense
training
course
3
in
section
724.9A.
4
Sec.
6.
NEW
SECTION
.
724.9A
Self-defense
training
course
——
5
sales
tax
refund
for
self-defense
items.
6
1.
A
self-defense
training
course
consisting
of
physical
7
defense
training
and
firearms
training
shall
be
offered
by
8
the
county
sheriff
to
all
county
residents
who
have
been
9
victims
of
domestic
abuse,
who
have
been
granted
a
protective
10
order
or
a
no-contact
order,
or
who,
in
the
discretion
11
of
the
county
sheriff,
would
otherwise
benefit
from
such
12
training.
The
sheriff
shall
notify
shelter
services
and
other
13
support
services
provided
to
victims
of
domestic
abuse
of
the
14
availability
of
such
training.
The
training
course
shall
be
15
offered
at
no
cost
to
all
eligible
participants.
16
2.
Upon
successful
completion
of
such
a
course,
the
county
17
sheriff
shall
issue
a
participant
a
certificate
of
completion
18
allowing
such
person
to
apply
to
the
department
of
revenue
19
pursuant
to
section
423.4
for
a
sales
tax
refund
on
purchases
20
of
self-defense
items
and
firearms
made
by
the
participant
21
within
ninety
days
from
the
issuance
of
the
certificate.
22
Sec.
7.
Section
903.1,
subsection
4,
Code
2011,
is
amended
23
to
read
as
follows:
24
4.
The
surcharges
required
by
sections
911.1
,
911.2
,
911.3
,
25
and
911.4
,
and
911.5
shall
be
added
to
a
fine
imposed
on
a
26
misdemeanant
as
provided
in
those
sections,
and
are
not
a
part
27
of
or
subject
to
the
maximums
set
in
this
section
.
28
Sec.
8.
NEW
SECTION
.
911.5
Domestic
abuse
assault
29
surcharge.
30
1.
In
addition
to
any
other
surcharge,
the
court
or
clerk
31
of
the
district
court
shall
assess
a
domestic
abuse
assault
32
surcharge
of
five
hundred
dollars
if
an
adjudication
of
33
guilt
or
a
deferred
judgment
has
been
entered
for
a
criminal
34
violation
of
section
708.2A.
35
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209
2.
In
the
event
of
multiple
offenses,
the
surcharge
shall
be
1
imposed
for
each
applicable
offense.
2
3.
The
surcharge
shall
be
remitted
by
the
clerk
of
court
as
3
provided
in
section
602.8108,
subsection
11.
4
EXPLANATION
5
This
bill
relates
to
physical
defense
training
and
firearms
6
training
including
the
creation
of
a
domestic
abuse
assault
7
fund
and
providing
for
a
sales
tax
refund
and
a
fee.
8
The
bill
creates
a
self-defense
training
course
consisting
9
of
physical
defense
training
and
firearms
training
to
be
10
offered
by
the
county
sheriff
to
all
county
residents
who
11
have
been
victims
of
domestic
abuse,
who
have
been
granted
12
a
protective
order
or
a
no-contact
order,
or
who,
in
the
13
discretion
of
the
county
sheriff,
would
otherwise
benefit
from
14
such
training.
The
sheriff
is
required
to
notify
shelter
15
services
and
other
support
services
provided
to
victims
of
16
domestic
abuse
of
the
availability
of
such
training.
The
17
training
course
shall
be
offered
at
no
cost
to
all
eligible
18
participants.
Upon
successful
completion
of
the
course,
the
19
county
sheriff
is
required
to
issue
a
participant
a
certificate
20
of
completion
allowing
the
person
to
apply
to
the
department
21
of
revenue
for
a
refund
of
the
amount
of
sales
tax
imposed
and
22
paid
upon
purchases
of
self-defense
items
and
firearms
by
the
23
participant.
24
The
bill
establishes
a
domestic
abuse
assault
fund
as
a
25
separate
fund
in
the
state
treasury
and
provides
that
moneys
26
deposited
in
the
fund
shall
be
administered
by
the
department
27
of
justice
and
dedicated
and
used
for
purposes
of
funding
the
28
self-defense
training
course.
29
The
bill
establishes
a
domestic
abuse
assault
surcharge
of
30
$500
to
be
assessed
by
the
court
or
the
clerk
of
the
district
31
court
if
an
adjudication
of
guilt
or
a
deferred
judgment
has
32
been
entered
for
the
crime
of
domestic
abuse
assault
pursuant
33
to
Code
section
708.2A.
In
the
event
of
multiple
offenses,
the
34
surcharge
shall
be
imposed
for
each
applicable
offense.
The
35
-3-
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1445YH
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209
surcharge
shall
be
remitted
by
the
clerk
of
court
to
the
state
1
court
administrator
for
deposit
in
the
domestic
abuse
assault
2
fund
created
in
the
bill.
This
surcharge
shall
be
added
to
a
3
fine
imposed
on
a
misdemeanant
and
is
in
addition
to
any
other
4
applicable
surcharges
imposed.
5
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4