602.8108A Prison infrastructure fund. 1. The Iowa prison infrastructure fund is created and established as a separate and distinct fund in the state treasury. Notwithstanding any other provision of this chapter tothe contrary, the first eight million dollars and, beginning July 1, 1997, the first nine millionfive hundred thousand dollars, of moneys remitted to the treasurer of state from fines,fees, costs, and forfeited bail collected by the clerks of the district court in criminal cases,including those collected for both scheduled and nonscheduled violations, collected in eachfiscal year commencing with the fiscal year beginning July 1, 1995, shall be deposited in thefund. Beginning July 1, 2009, the treasurer of state shall certify to the judicial branch theannual amount of funds necessary to be remitted for deposit into the fund for that fiscalyear and such moneys shall be remitted to the treasurer of state from fines, fees, costs, andforfeited bail collected by the clerks of the district court in criminal cases, including thosecollected for both scheduled and nonscheduled violations, for debt payments expected tobe paid from the fund. ited bail collected by the clerks of the district court in criminal cases, including thosecollected for both scheduled and nonscheduled violations, for debt payments expected tobe paid from the fund. Interest and other income earned by the fund shall be depositedin the fund. However, beginning with the fiscal year beginning July 1, 1998, all fines andfees attributable to commercial vehicle violation citations issued after July 1, 1998, shallbe deposited as provided in section 602.8108, subsection 8. The moneys in the fund areappropriated and shall have priority and precedence for the purpose of paying the principalof, premium, if any, and interest on bonds issued by the Iowa finance authority under section16.177. Any remaining moneys not otherwise appropriated for purposes of paying the principal, premium, and interest on the bonds issued by the Iowa finance authority pursuantto section 16.177 shall be available and appropriated to the treasurer of state pursuant tosection 12.80. Except as otherwise provided in subsection 2, amounts in the funds shall notbe subject to appropriation for any purpose by the general assembly, but shall be used onlyfor the purposes set forth in this cept as otherwise provided in subsection 2, amounts in the funds shall notbe subject to appropriation for any purpose by the general assembly, but shall be used onlyfor the purposes set forth in this section. The treasurer of state shall act as custodian ofthe fund and disburse amounts contained in it as directed by the department of correctionsincluding the automatic disbursement of funds pursuant to the terms of bond indenturesand documents and security provisions to trustees and custodians. The treasurer of stateis authorized to invest the funds deposited in the fund subject to any limitations containedin any applicable bond proceedings. Any amounts remaining in the fund at the end of eachfiscal year shall be transferred to the general fund of the state. 2. If the treasurer of state determines that bonds cannot be issued pursuant to this section and sections 12.80 and 16.177 or if there are any remaining moneys at the end of a fiscal yearafter the appropriations are paid pursuant to sections 12.80 and 16.177, the treasurer of stateshall deposit the moneys in the prison infrastructure fund into the general fund of the state. iscal yearafter the appropriations are paid pursuant to sections 12.80 and 16.177, the treasurer of stateshall deposit the moneys in the prison infrastructure fund into the general fund of the state. 94 Acts, ch 1196, §21; 95 Acts, ch 202, §12; 96 Acts, ch 1216, §32; 98 Acts, ch 1212, §9; 2008 Acts, ch 1179, §57 Referred to in §12.80, 16.177 Sat Dec 23 11:16:48 2023 Iowa Code 2024, Section 602.8108A (21, 0)
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