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) 84 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 1445YH (4) 84 rh/nh 1/ 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 -2- LSB 1445YH (4) 84 rh/nh 2/ 4
H.F. 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- LSB 1445YH (4) 84 rh/nh 3/ 4
H.F. 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 -4- LSB 1445YH (4) 84 rh/nh 4/ 4
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