602.8108 Distribution of court revenue — court technology and modernization fund.
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 otherwise provided in this section, 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 legislative services agency 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. The clerk of the district court shall remit to the state court administrator, not later than the fifteenth day of each month, all moneys collected from the surcharge provided in section 911.1 during the preceding calendar month. The state court administrator shall allocate and deposit each month forty-six percent in the juvenile detention home fund in section 232.142, thirty-two percent in the victim compensation fund established in section 915.94, twenty percent in the criminalistics laboratory fund established in section 691.9, and two percent in the drug abuse resistance education fund established in section 80E.4.
4. The clerk of the district court shall remit to the state court administrator, not later than the fifteenth day of each month, ninety-one percent of all moneys collected from county enforcement as provided in section 602.8106, subsection 4, paragraph “b”, subparagraph (1), during the preceding calendar month. Of the amount received from the clerk, the state court administrator shall allocate and deposit one and three-tenths percent in the emergency medical services fund in section 135.25, and shall allocate and deposit the remainder in the general fund of the state.
5. The clerk of the district court shall remit all moneys collected from the assessment of the human trafficking victim surcharge provided in section 911.2A to the state court administrator no later than the fifteenth day of each month for deposit in the human trafficking victim fund created in section 915.95.
6. The clerk of the district court shall remit all moneys collected from the assessment of the surcharge provided in section 911.2B to the state court administrator for deposit in the address confidentiality program revolving fund created in section 9.8.
7. a. A court technology and modernization fund is established as a separate fund in the state treasury. The state court administrator shall allocate seven million dollars of the moneys received under subsection 2 to be deposited in the fund, which shall be administered by the judicial branch.
b. The moneys in the fund shall be used to enhance the ability of the judicial branch 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. The moneys in the collection fund may also be used for any of the following:
(1) The Iowa court information system.
(2) Records management, equipment, services, and projects.
(3) Other technological improvements approved by the judicial branch.
(4) Electronic legal research equipment, systems, and projects.
(5) The study, development, and implementation of other innovations and projects that would improve the administration of justice.
(6) Capital improvements necessitated by the installation of or connection with the Iowa court information system, the Iowa communications network, or other like networks.
c. The fund shall be separate from the general fund of the state and the balance in the fund shall not be considered part of the balance of the general fund of the state. Notwithstanding section 8.33, moneys in the fund shall not revert to the general fund. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the court technology and modernization fund shall remain in the court technology and modernization fund and any interest and earnings shall be in addition to the maximum annual deposit amount.
8. The state court administrator shall allocate all of the fines and fees attributable to commercial vehicle violation citations issued by motor vehicle division personnel of the state department of transportation to the treasurer of state for deposit in the road use tax fund.
9. The state court administrator shall allocate fifty percent of all of the fines attributable to littering citations issued pursuant to sections 321.369, 321.370, and 461A.43 to the treasurer of state for deposit in the general fund of the state and such moneys are appropriated to the state department of transportation for purposes of the cleanup of litter and illegally discarded solid waste.
10. The clerk of the district court shall remit to the treasurer of state, not later than the fifteenth day of each month, all moneys collected from the sex offender civil penalty provided in section 692A.110 during the preceding calendar month. Of the amount received from the clerk, the treasurer of state shall allocate ten percent to be deposited in the court technology and modernization fund established in subsection 7. The treasurer of state shall deposit the remainder into the sex offender registry fund established in section 692A.119.
11. The clerk of the district court shall remit all moneys collected from the agricultural theft surcharge provided in section 911.5 to the state court administrator no later than the fifteenth day of each month for deposit in the general fund of the state, and the amount deposited is appropriated to the department of agriculture and land stewardship to support the Iowa emergency food purchase program fund established in section 190B.201.
83 Acts, ch 186, §9108, 10201; 91 Acts, ch 116, §15; 94 Acts, ch 1074, §7; 96 Acts, ch 1216, §31; 96 Acts, ch 1218, §38, 39, 71; 98 Acts, ch 1047, §61; 98 Acts, ch 1090, §73, 84; 98 Acts, ch 1212, §8; 2000 Acts, ch 1222, §15; 2001 Acts, ch 168, §3; 2001 Acts, ch 182, §10; 2002 Acts, ch 1175, §44; 2003 Acts, ch 35, §45, 49; 2004 Acts, ch 1111, §3; 2004 Acts, ch 1119, §5; 2005 Acts, ch 3, §103; 2005 Acts, ch 143, §1, 2; 2005 Acts, ch 165, §5, 6; 2005 Acts, ch 179, §138; 2006 Acts, ch 1030, §76; 2006 Acts, ch 1087, §2, 3; 2006 Acts, ch 1166, §6 – 8; 2006 Acts, ch 1182, §64; 2007 Acts, ch 215, §65; 2009 Acts, ch 119, §46, 47; 2014 Acts, ch 1097, §3, 4; 2015 Acts, ch 30, §176; 2015 Acts, ch 96, §14; 2016 Acts, ch 1073, §163; 2020 Acts, ch 1074, §11 – 14, 26, 93
Referred to in §9.8, 135.25, 190B.201, 232.142, 321.210B, 331.427, 364.3, 602.1302, 602.8107, 602.8108A, 602.11101, 625.8, 631.6, 633.20, 633.31, 692A.110, 907.14, 911.1, 911.2A, 911.2B, 911.5
2020 amendment to subsections 3, 4, 6, and 7 effective July 15, 2020; 2020 Acts, ch 1074, §93
2020 strike of former subsections 5 and 8 effective July 15, 2020;
2020 Acts, ch 1074, §93
Subsection 11 effective July 15, 2020;
2020 Acts, ch 1074, §93
Subsection 3 amended
Subsection 4 stricken and rewritten
Subsections 5 and 8 stricken and former subsections 6, 7, 9, 10, 11, and 12 renumbered as 5, 6, 7, 8, 9, and 10, respectively
Subsection 6 amended
Subsection 7 stricken and rewritten
NEW subsection 11