Bill Text: IA HF333 | 2013-2014 | 85th General Assembly | Introduced

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Bill Title: A bill for an act reducing scheduled fines related to motor vehicles and transportation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF333 Detail]

Download: Iowa-2013-HF333-Introduced.html

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House File 333 - Introduced
HOUSE FILE 333
BY SCHULTZ
A BILL FOR
An Act reducing scheduled fines related to motor vehicles and
transportation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 805.8A, Code 2013, is amended by striking
the section and inserting in lieu thereof the following:
805.8A Motor vehicle and transportation scheduled violations.
1. Parking violations.
a. For parking violations under sections 321.236, 321.239,
321.358, 321.360, and 321.361, the scheduled fine is five
dollars, except if the local authority has established the
fine by ordinance. The scheduled fine for a parking violation
pursuant to section 321.236 increases by five dollars if
authorized by ordinance and if the parking violation is not
paid within thirty days of the date upon which the violation
occurred. For purposes of calculating the unsecured appearance
bond required under section 805.6, the scheduled fine shall
be five dollars, or if the amount of the fine is greater than
five dollars, the unsecured appearance bond shall be the amount
of the fine established by the local authority. However,
violations charged by a city or county upon simple notice of a
fine instead of a uniform citation and complaint required by
section 321.236, subsection 1, paragraph “b” , are not scheduled
violations, and this section shall not apply to any offense
charged in that manner. For a parking violation under section
321.362 or 461A.38, the scheduled fine is ten dollars.
b. For a parking violation under section 321L.2A, subsection
2, the scheduled fine is twenty dollars.
c. For violations under section 321L.2A, subsection 3,
sections 321L.3, 321L.4, subsection 2, and section 321L.7, the
scheduled fine is one hundred dollars.
2. Title or registration violations.
a. For violations under sections 321.32, 321.34, 321.37,
321.38, and 321.41, the scheduled fine is ten dollars.
b. For violations under sections 321.17, 321.47, 321.55,
321.98, 321.115, and 321.115A, the scheduled fine is thirty
dollars.
c. For violations under sections 321.25, 321.45, 321.46,
321.48, 321.52, 321.57, 321.62, 321.67, and 321.104, the
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scheduled fine is fifty dollars.
d. For a violation under section 321.99, the scheduled fine
is one hundred dollars.
3. Equipment violations.
a. For violations under sections 321.317, 321.386, 321.387,
321.388, 321.389, 321.390, 321.392, 321.393, 321.422, 321.432,
321.436, 321.439, 321.440, 321.441, 321.442, and 321.444, the
scheduled fine is ten dollars.
b. For violations under sections 321.382, 321.404A, and
321.438, the scheduled fine is fifteen dollars.
c. For violations of sections 321.383, 321.384, 321.385,
321.398, 321.402, 321.403, 321.404, 321.409, 321.415, 321.419,
321.420, 321.421, 321.423, and 321.433, the scheduled fine is
twenty dollars.
d. For a violation of section 321.430, the scheduled fine
is thirty-five dollars.
e. For violations under sections 321.234A, 321.247, 321.381,
and 321.381A, the scheduled fine is fifty dollars.
4. Driver’s license violations.
a. For violations under sections 321.174A, 321.180,
321.180B, 321.193, and 321.194, the scheduled fine is thirty
dollars.
b. For a violation of section 321.216, the scheduled fine
is seventy-five dollars.
c. For violations under sections 321.174, 321.216B,
321.216C, 321.219, and 321.220, the scheduled fine is one
hundred dollars.
d. For violations under section 321.178, subsection 2,
paragraph “a” , subparagraph (2), the scheduled fine is thirty
dollars.
5. Speed violations.
a. For excessive speed violations in excess of the limit
under section 321.236, subsections 5 and 11, sections 321.285,
and 461A.36, the scheduled fine shall be the following:
(1) Ten dollars for speed not more than five miles per hour
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in excess of the limit.
(2) Twenty dollars for speed greater than five but not more
than ten miles per hour in excess of the limit.
(3) Thirty dollars for speed greater than ten but not more
than fifteen miles per hour in excess of the limit.
(4) Forty dollars for speed greater than fifteen but not
more than twenty miles per hour in excess of the limit.
(5) Forty dollars plus two dollars for each mile per hour of
excessive speed over twenty miles per hour over the limit.
b. Notwithstanding paragraph “a” , for excessive speed
violations in speed zones greater than fifty-five miles per
hour, the scheduled fine shall be:
(1) Twenty dollars for speed not more than five miles per
hour in excess of the limit.
(2) Forty dollars for speed greater than five but not more
than ten miles per hour in excess of the limit.
(3) Sixty dollars for speed greater than ten but not more
than fifteen miles per hour in excess of the limit.
(4) Eighty dollars for speed greater than fifteen but not
more than twenty miles per hour in excess of the limit.
(5) Ninety dollars plus five dollars for each mile per hour
of excessive speed over twenty miles per hour over the limit.
c. Excessive speed in whatever amount by a school bus is
not a scheduled violation under any section listed in this
subsection.
d. Excessive speed in conjunction with a violation of
section 321.278 is not a scheduled violation, whatever the
amount of excess speed.
e. For a violation under section 321.295, the scheduled fine
is thirty dollars.
6. Operating violations.
a. For a violation under section 321.236, subsections 3, 4,
9, and 12, the scheduled fine is twenty dollars.
b. For violations under section 321.275, subsections 1
through 7, sections 321.277A, 321.315, 321.316, 321.318,
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321.363, and 321.365, the scheduled fine is twenty-five
dollars.
c. For violations under sections 321.288, 321.297, 321.299,
321.303, 321.304, subsections 1 and 2, sections 321.305,
321.306, 321.311, 321.312, 321.314, 321.323, 321.340, 321.353,
321.354, and 321.395, the scheduled fine is thirty-five
dollars.
d. For violations under sections 321.302 and 321.366, the
scheduled fine is fifty dollars.
7. Failure to yield or obey violations.
a. For a violation by an operator of a motor vehicle
under section 321.257, subsection 2, the scheduled fine is
thirty-five dollars.
b. For violations under sections 321.298, 321.307, 321.308,
321.313, 321.319, 321.320, 321.321, 321.327, 321.329, and
321.333, the scheduled fine is thirty-five dollars.
8. Traffic sign or signal violations. For violations
under section 321.236, subsections 2 and 6, sections 321.256,
321.294, 321.304, subsection 3, and section 321.322, the
scheduled fine is thirty-five dollars.
9. Bicycle or pedestrian violations. For violations by a
pedestrian or a bicyclist under section 321.234, subsections
3 and 4, section 321.236, subsection 10, section 321.257,
subsection 2, section 321.275, subsection 8, section 321.325,
321.326, 321.328, 321.331, 321.332, 321.397, or 321.434, the
scheduled fine is fifteen dollars.
9A. Electric personal assistive mobility device
violations. For violations under section 321.235A, the
scheduled fine is fifteen dollars.
10. School bus violations. For violations by an operator of
a school bus under sections 321.285 and 321.372, subsections
1 and 2 , the scheduled fine is one hundred dollars. However,
an excessive speed violation by a school bus of more than
ten miles per hour in excess of the limit is not a scheduled
violation.
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11. Emergency vehicle violations.
a. For violations under sections 321.231, 321.367, and
321.368, the scheduled fine is thirty-five dollars.
b. For a violation under section 321.323A or 321.324, the
scheduled fine is fifty dollars.
12. Restrictions on vehicles.
a. For violations under sections 321.309, 321.310, 321.394,
321.461, and 321.462, the scheduled fine is twenty-five
dollars.
b. For violations under section 321.437, the scheduled fine
is twenty-five dollars.
c. For height, length, width, and load violations under
sections 321.454, 321.455, 321.456, 321.457, and 321.458, the
scheduled fine is one hundred dollars.
d. For violations under section 321.466, the scheduled fine
is twenty dollars for each two thousand pounds or fraction
thereof of overweight.
e. (1) Violations of the schedule of axle and tandem axle
and gross or group of axle weight violations in section 321.463
shall be scheduled violations subject to the provisions,
procedures, and exceptions contained in sections 805.6 through
805.11, irrespective of the amount of the fine under that
schedule.
(a) Violations of the schedule of weight violations shall be
chargeable, where the fine charged does not exceed one thousand
dollars, only by uniform citation and complaint.
(b) Violations of the schedule of weight violations, where
the fine charged exceeds one thousand dollars shall, when the
violation is admitted and section 805.9 applies, be chargeable
upon uniform citation and complaint, indictment, or county
attorney’s information, but otherwise shall be chargeable only
upon indictment or county attorney’s information.
(2) In all cases of charges under the schedule of weight
violations, the charge shall specify the amount of fine charged
under the schedule. Where a defendant is convicted and the
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fine under the foregoing schedule of weight violations exceeds
one thousand dollars, the conviction shall be of an indictable
offense although section 805.9 is employed and whether the
violation is charged upon uniform citation and complaint,
indictment, or county attorney’s information.
f. For a violation under section 321E.16, other than the
provisions relating to weight, the scheduled fine is one
hundred dollars.
13. Motor carrier violations.
a. For violations under sections 321.54, 326.22, and 326.23,
the scheduled fine is twenty dollars.
b. For a violation under section 321.449, the scheduled fine
is twenty-five dollars.
c. For violations under sections 321.364, 321.450, 321.460,
and 452A.52, the scheduled fine is one hundred dollars.
d. For violations of section 325A.3, subsection 5, or
section 325A.8, the scheduled fine is fifty dollars.
e. For violations of chapter 325A, other than a violation of
section 325A.3, subsection 5, or section 325A.8, the scheduled
fine is two hundred fifty dollars.
f. For violations of section 327B.1, subsection 1 or 3, the
scheduled fine is two hundred fifty dollars.
14. Miscellaneous violations.
a. Failure to obey a peace officer. For a violation under
section 321.229, the scheduled fine is thirty-five dollars.
b. Abandoning a motor vehicle. For a violation under
section 321.91, the scheduled fine is one hundred dollars.
c. Seat belt or restraint violations. For violations under
sections 321.445 and 321.446, the scheduled fine is twenty-five
dollars.
d. Litter and debris violations. For violations under
sections 321.369 and 321.370, the scheduled fine is seventy
dollars.
e. Open container violations. For violations under sections
321.284 and 321.284A, the scheduled fine is one hundred
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dollars.
f. Proof of financial responsibility. If, in connection with
a motor vehicle accident, a person is charged and found guilty
of a violation of section 321.20B, subsection 1, the scheduled
fine is five hundred dollars; otherwise, the scheduled fine for
a violation of section 321.20B, subsection 1, is two hundred
fifty dollars. Notwithstanding section 805.12, fines collected
pursuant to this paragraph shall be submitted to the state
court administrator and distributed fifty percent to the victim
compensation fund established in section 915.94, twenty-five
percent to the county in which such fine is imposed, and
twenty-five percent to the general fund of the state.
g. Radar-jamming devices. For a violation under section
321.232, the scheduled fine is fifty dollars.
h. Railroad crossing violations.
(1) For violations under sections 321.341, 321.342,
321.343, and 321.344, the scheduled fine is one hundred
dollars.
(2) For a violation under section 321.344B, the scheduled
fine is two hundred dollars.
i. Road work zone violations. The scheduled fine for any
moving traffic violation under chapter 321, as provided in
this section, shall be doubled if the violation occurs within
any road work zone, as defined in section 321.1. However,
notwithstanding subsection 5, the scheduled fine for violating
the speed limit in a road work zone is as follows:
(1) One hundred fifty dollars for speed not more than ten
miles per hour over the posted speed limit.
(2) Three hundred dollars for speed greater than ten but not
more than twenty miles per hour over the posted speed limit.
(3) Five hundred dollars for speed greater than twenty but
not more than twenty-five miles per hour over the posted speed
limit.
(4) One thousand dollars for speed greater than twenty-five
miles per hour over the posted speed limit.
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j. Vehicle component parts records violations. For
violations under section 321.95, the scheduled fine is fifty
dollars.
k. Actions against a person on a bicycle. For violations
under section 321.281, the scheduled fine is two hundred fifty
dollars.
l. Text messaging while driving violations. For violations
under section 321.276, the scheduled fine is thirty dollars.
EXPLANATION
This bill restores the scheduled fine amounts to the amounts
established prior to the enactment of 2010 Iowa Acts, chapter
1190 (SF 2378) which increased the fines.
The bill strikes a duplicative fine amount for a violation
of Code section 321.437 (mirrors) that existed prior to the
enactment of Senate File 2378, and establishes the fine at $25.
The bill also adds the following scheduled violations
and fines enacted during the 2010 legislative session: $30
scheduled fine for use of an electronic communication device
while on a restricted license (Code section 321.178), $30
scheduled fine for text messaging while driving (Code section
321.276), and a $250 scheduled fine for actions against a
person on a bicycle (Code section 321.281).
The bill does not modify the changes made during the 2011
and 2012 legislative sessions to Code section 805.8A(13)(f)
which relate to carriers operating an interstate transportation
service for compensation upon the highways of this state.
The bill also does not modify the changes made during the
2012 legislative session to Code section 805.8A(10) relating to
school bus safety.
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