Bills › 88th General Assembly

HSB 82Died when the session ended · February 25, 2019

HSB 82

Topics:Agriculture

Same legislation: HF 553, HF 742

Where it is now

  1. Done: IntroducedFebruary 28, 2019
  2. Done: SubcommitteeJanuary 29, 2019
  3. Done: House committeeFebruary 25, 2019
  4. Done: Passes the HouseApril 24, 2019
  5. Stopped: Senate committeeDied when the General Assembly ended
  6. Next: Passes the Senate
  7. Next: To the Governor
  8. Next: Signed into law

Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

GENERAL. This bill requires that a person convicted of a class “C” or class “D” felony for theft of a crop, livestock, or honeybees be assessed an agricultural theft surcharge equal to 35 percent of the fine or forfeiture imposed. The moneys are remitted to the state court administrator and appropriated to the judicial branch for purposes of supporting judicial branch operations. BACKGROUND —— PROPERTY SUBJECT TO THEFT.1), or a plant which is a tree, shrub, vine, berry plant, greenhouse plant, or flower.

Read the full explanation

Livestock is an animal belonging to the bovine, caprine, equine, ovine, or porcine species, or an ostrich, rhea, emus, farm deer, or poultry. Honeybees are kept as a colony and enclosed in a container (or hive with moveable frames) with combs where worker bees and a queen bee reside. A honeybee may also be kept in a package during shipment. DEGREES OF THEFT.2(2)).

Full bill text1

House subcommittee

Named January 29, 2019. Meeting: Wednesday, January 30 · 8:00 AM · House Lounge.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Fiscal note

AI summary This bill requires people convicted of certain crimes involving agricultural property to pay a $500 Agricultural Crime Surcharge. The fiscal impact of this bill cannot be estimated because the current criminal code does not distinguish between general theft and agricultural theft. If implemented, the Court Technology and Modernization Fund would receive approximately 13.6% of the amount assessed from the surcharge.2

Read the fiscal note

Description

The Bill specifies that a person convicted of a crime relating to agricultural property would be assessed a $500 Agricultural Crime Surcharge. The Bill details what types of crimes are covered and describes types of agricultural property.

Background

The Bill creates a $500 Agricultural Crime Surcharge under Iowa Code section 911.5. The collections generated from the assessment of the Surcharge will be remitted by the clerk of court to the State Court Administrator and appropriated to the Court Technology and Modernization Fund for supporting Judicial Branch operations. The agricultural property offense must involve either the theft of agricultural property or criminal mischief for damaging, defacing, altering, or destroying agricultural property.

Assumptions

The following collection rates from FY 2018 will remain consistent:

  • Criminal Penalty Surcharge — 44.8%
  • Municipal Infractions — 37.2%
  • Simple Misdemeanors — 29.9%
  • Serious Misdemeanors — 21.3%
  • Aggravated Misdemeanors — 13.7%
  • Felonies — 13.4%

Fiscal Impact

The fiscal impact of HF 742 cannot be estimated because the current criminal code does not differentiate between theft and agricultural theft. The Agricultural Crime Surcharge would be applied in addition to the fine and surcharge imposed for a Class C or Class D felony or an aggravated misdemeanor. In FY 2018, the collection rate for fines and surcharges assessed on felonies was 13.4%, and the collection rate for aggravated misdemeanors was 13.7%. Based on these collection rates, it is estimated that the Court Technology and Modernization Fund would receive approximately 13.6% of the amount assessed from the Agricultural Crime Surcharge.

Sources

  • Criminal and Juvenile Justice Planning Division, Department of Human Rights
  • LSA calculations and analysis
  • Judicial Branch

Reading a fiscal note3

Iowa Code it changes

Creates§911.5

Amends§602.8102§602.8108§902.9

How the Code works4

Lobbying

4 for · 2 against · 11 undecided · Who →

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