General Assembly: 79 (2001 Regular GA) - Chapter 137 - Scheduled fines — miscellaneous changes


Published: 2001-05-16

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315 LAWS OF THE SEVENTY-NINTH G.A., 2001 SESSION

CHAPTER 137 SCHEDULED FINES - MISCELLANEOUS CHANGES

S.F.499

AN ACT making changes to and reorganizing scheduled fines.

Be It Enacted by the General Assembly of the State of Iowa:

CH.137

Section 1. Section 805.8, Code 2001, is amended by striking the section and inserting in lieu thereof the following:

805.8 SCHEDULED VIOLATIONS. 1. APPLICATION. Except as otherwise indicated, violations of sections of the Code speci-

fied in sections 805.8A, 805.8B, and 805.8C, are scheduled violations, and the scheduled fine for each of those violations is as provided in those sections, whether the violation is of state law or of a county or city ordinance. The criminal penalty surcharge required by section 911.2 shall be added to the scheduled fine.

2. DESCRIPTION OF VIOLATIONS. The descriptions of offenses used in sections 805.8A, 805.8B, and 805.8C, are for convenience only and shall not be construed to define any offense or to include or exclude any offense other than those specifically included or ex- cluded by reference to the Code. A reference to a section or subsection of the Code without further limitation includes every offense defined by that section or subsection.

Sec. 2. NEW SECTION. 805.8A MOTOR VEHICLE AND TRANSPORTATION SCHED- ULED 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. The scheduled fine for a parking violation of section 321.236 increases in an amount up to ten dollars, as authorized by ordinance pursuant to section 321.236, subsection 1, paragraph "a", 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. However, violations charged by a city or county upon simple notice of a fine instead of a uniform citation and complaint as permitted by section 321.236, subsection 1, para- graph "a", 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 321 L.2A, subsection 3, 321 L.3, 321 L.4, subsection 2, and 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, and 321.115, the sched-

uled 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 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 improperly used or nonused, or defective or improper equipment, other than brakes, driving lights and brake lights, under section 321.437, the scheduled fine is ten dollars.

CH.137 LAWS OF THE SEVENTY-NINTH G.A., 2001 SESSION 316

c. For violations under sections 32l.382, 32l.404A, and 321.438, the scheduled fine is fifteen dollars.

d. For violations of sections 321.383, 321.384, 321.385, 321.398, 321.402, 321.403, 321.404, 32l.409, 32l.415, 32l.419, 32l.420, 32l.421, 32l.423, and 321.433, the scheduled fine is twenty dollars.

e. For a violation of section 32l.430, the scheduled violation is thirty-five dollars. f. For violations under sections 321.234A, 32l.247, 32l.381, and 32l.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 32l.216, the scheduled violation 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. 5. SPEED VIOLATIONS. a. For excessive speed violations in excess of the limit under section 321.236, subsections

5 and II, 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 in excess ofthe 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) Ten dollars for speed not more than five miles per hour 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) Forty dollars for speed greater than ten but not more than fifteen miles per hour in

excess of the limit. (4) Sixty dollars for speed greater than fifteen but not more than twenty miles per hour in

excess of the limit. (5) Sixty dollars plus two 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 32l.236, subsections 3, 4, 9, and 12, the scheduled fine is

twenty dollars. b. For violations under sections 32l.275, subsections 1 through 7, 32l.277A, 32l.315,

321.316,321.318,321.363, and 32l.365, the scheduled fine is twenty-five dollars. c. For violations under sections 32l.288, 321.297, 321.299, 321.303, 321.304, subsections

1 and 2,321.305,321.306,321.311, 32l.312, 32l.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.

317 LAWS OF THE SEVENTY-NINTH G.A., 2001 SESSION CH. 137

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 sections 321.236, subsections 2 and 6, 321.256, 321.294, 321.304, subsection 3, and 321.322, the scheduled fine is thirty-five dollars.

9. BICYCLE OR PEDESTRIAN VIOLATIONS. For violations by a pedestrian or a bicy- clist under section 321.234, subsections 3 and 4, 321.236, subsection 10, 321.257, subsection 2,321.275, subsection 8, 321.325, 321.326, 321.328, 321.331, 321.332, 321.397, or 321.434, the scheduled fine is fifteen dollars.

10. SCHOOL BUS VIOLATIONS. a. For violations by an operator of a school bus under sections 321.285 and 321.372,

subsections 1 and 2, the scheduled fine is thirty-five 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.

b. For a violation under section 321.372, subsection 3, the scheduled violation is one hundred dollars.

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 321.324, 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 height, weight, length, width, load violations, and towed vehicle violations under

section 321.437, the scheduled fine is twenty-five dollars. c. For 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. 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, proce- dures, and exceptions contained in sections 805.6 to 805.11, irrespective of the amount of the fine under that schedule. Violations of the schedule of weight violations shall be charge- able, where the fine charged does not exceed one thousand dollars, only by uniform citation and complaint. 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 ap- plies, 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.

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 fine under the foregoing schedule of weight violations exceeds one thousand dollars, the convic- tion 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 321 E.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 321.208A, 321.364, 321.450, 321.460, and 452A.52, the

scheduled fine is one hundred dollars.

CH.137 LAWS OF THE SEVENTY-NINTH G.A., 2001 SESSION 318

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 failure to have proper carrier identification markings under section 327B.l, the scheduled fine is fifty dollars.

g. For failure to have proper evidence of interstate authority carried or displayed under section 327B.l, and for failure to register, carry, or display evidence that interstate authority is not required under section 327B.l, 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 violation under section 321.91, the sched-

uled 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 thirty-five dollars. e. OPEN CONTAINER VIOLATIONS. For violations under sections 321.284 and 321.284A,

the scheduled fine is one hundred 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 viola-

tion 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.

Sec. 3. NEW SECTION. 805.8B NAVIGATION, RECREATION, HUNTING, AND FISH- ING SCHEDULED VIOLATIONS.

1. NAVIGATION VIOLATIONS. a. For violations of registration, inspections, identification, and record provisions under

sections 462A.5, 462A.35, and 462A.37, and for unused or improper or defective lights and warning devices under section 462A.9, subsections 3, 4, 5, 9, and 10, the scheduled fine is ten dollars.

b. For violations of registration, identification, and record provisions under sections 462A.4 and 462A.I0, and for unused or improper or defective equipment under section 462A.9, subsections 2, 6, 7, 8, and 13, and section 462A.ll, and for operation violations under sections 462A.26, 462A.31, and 462A.33, the scheduled fine is twenty dollars.

c. For operating violations under sections 462A.12, 462A.15, subsection 1, sections 462A.24, and 462A.34, the scheduled fine is twenty-five dollars. However, a violation of section 462A.12, subsection 2, is not a scheduled violation.

d. For violations of use, location, and storage of vessels, devices, and structures under sections 462A.27, 462A.28, and 462A.32, the scheduled fine is fifteen dollars.

319 LAWS OF THE SEVENTY-NINTH G.A., 2001 SESSION CH.137

e. For violations of all subdivision ordinances under section 462A17, subsection 2, ex- cept those relating to matters subject to regulation by authority of section 462A31, subsec- tion 5, the scheduled fine is the same as prescribed for similar violations of state law. For violations of subdivision ordinances for which there is no comparable state law, the sched- uled fine is ten dollars.

2. SNOWMOBILE AND ALL-TERRAIN VEHICLE VIOLATIONS. a. For registration violations under section 321 G .3, the scheduled fine is twenty dollars.

When the scheduled fine is paid, the violator shall submit sufficient proof that a valid regis- tration has been obtained.

b. For operating violations under section 321G.9, subsections 1,2,3,4,5, and 7, sections 321 G.11, and 321 G.13, subsections 4 and 9, the scheduled fine is twenty dollars.

c. For improper or defective equipment under section 321G.12, the scheduled fine is ten dollars.

d. For violations of section 321G.19, the scheduled fine is fifteen dollars. e. For identification violations under section 321G.5, the scheduled fine is ten dollars. 3. HUNTING AND FISHING VIOLATIONS. a. For violations of section 484A2, the scheduled fine is ten dollars. b. For violations of sections 481A54, 481A69, 481A71, 481A 72,482.6, 483A3, 483A6,

483A19, and 483A27, the scheduled fine is twenty dollars. c. For violations of sections 481A6, 481A21, 481A22, 481A26, 481A50, 481A56, 481A60

through 481A62, 481A83, 481A84, 481A92, 481A123, 481A145, subsection 3, sections 482.7, 483A 7, 483A8, 483A23, and 483A24, the scheduled fine is twenty-five dollars.

d. For violations of sections 481A 7, 481A24, 481A47, 481A52, 481A53, 481A55, 481A58, 481A76, 481A90, 481A91, 481A97, 481A122, 481A126, 481A142, 481A145, subsection 2, sections 482.8, and 483A37, the scheduled fine is fifty dollars.

e. For violations of sections 481A85, 481A93, 481A95, 481A120, 481A137, 481B.5, 482.3,482.9,482.15, and 483A42, the scheduled fine is one hundred dollars.

f. For violations of section 481A38 relating to the taking, pursuing, killing, trapping or ensnaring, buying, selling, possessing, or transporting any game, protected nongame ani- mals, fur-bearing animals, or fur or skin of the animals, mussels, frogs, or fish or part of them, the scheduled fines are as follows:

(1) For deer or turkey, the scheduled fine is one hundred dollars. (2) For protected nongame, the scheduled fine is one hundred dollars. (3) For mussels, frogs, spawn, or fish, the scheduled fine is twenty-five dollars. (4) For other game, the scheduled fine is fifty dollars. (5) For fur-bearing animals, the scheduled fine is seventy-five dollars. g. For violations of section 481A38 relating to an attempt to take, pursue, kill, trap, buy,

sell, possess, or transport any game, protected nongame animals, fur-bearing animals, or fur or skin of the animals, mussels, frogs, or fish or part of them, the scheduled fines are as follows:

(1) For game or fur-bearing animals, the scheduled fine is fifty dollars. (2) For protected nongame, the scheduled fine is fifty dollars. (3) For mussels, frogs, spawn, or fish, the scheduled fine is ten dollars. h. For violations of section 481A48 relating to restrictions on game birds and animals,

the scheduled fines are as follows: (1) Out-of-season, the scheduled fine is one hundred dollars. (2) Over limit, the scheduled fine is one hundred dollars. (3) Attempt to take, the scheduled fine is fifty dollars. (4) General waterfowl restrictions, the scheduled fine is fifty dollars. (a) No federal stamp, the scheduled fine is fifty dollars. (b) Unplugged shotgun, the scheduled fine is ten dollars. (c) Possession of other than steel shot, the scheduled fine is twenty-five dollars. (d) Early or late shooting, the scheduled fine is twenty-five dollars.

CH.137 LAWS OF THE SEVENTY-NINTH G.A., 2001 SESSION 320

(5) Possession of a prohibited pistol or revolver while hunting deer, the scheduled fine is one hundred dollars.

i. For violations of section 481A.67 relating to general violations of fishing laws, the scheduled fine is twenty-five dollars.

(1) For over limit catch, the scheduled fine is thirty dollars. (2) For under minimum length or weight, the scheduled fine is twenty dollars. (3) For out-of-season fishing, the scheduled fine is fifty dollars. j. For violations of section 481A.73 relating to trotlines and throwlines: (1) For trotline or throwline violations in legal waters, the scheduled fine is twenty-five

dollars. (2) For trotline or throwline violations in illegal waters, the scheduled fine is fifty dollars. k. For violations of section 481A.144, subsection 4, or section 481A.145, subsections 4, 5,

and 6, relating to minnows: (1) For general minnow violations, the scheduled fine is twenty-five dollars. (2) For commercial purposes, the scheduled fine is fifty dollars. 1. For violations of section 481A.87 relating to the taking or possessing of fur-bearing

animals out of season: (1) For red fox, gray fox, or mink, the scheduled fine is one hundred dollars. (2) For all other furbearers, the scheduled fine is fifty dollars. m. For violations of section 482.4 relating to gear tags: (1) For commercial license violations, the scheduled fine is one hundred dollars. (2) For no gear tags, the scheduled fine is twenty-five dollars. n. For violations of section 482.11 relating to turtles: (1) For commercial turtle violations, the scheduled fine is one hundred dollars. (2) For sport turtle violations, the scheduled fine is fifty dollars. o. For violations of section 482.12 relating to mussels: (1) For commercial mussel violations, the scheduled fine is one hundred dollars. (2) For sport mussel violations, the scheduled fine is fifty dollars. p. For violations of section 483A.l relating to licenses and permits, the scheduled fines

are as follows: (1) For a license or permit costing ten dollars or less, the scheduled fine is twenty dollars. (2) For a license or permit costing more than ten dollars but not more than twenty dol-

lars, the scheduled fine is thirty dollars. (3) For a license or permit costing more than twenty dollars but not more than forty

dollars, the scheduled fine is fifty dollars. (4) For a license or permit costing more than forty dollars but not more than fifty dollars,

the scheduled fine is seventy dollars. (5) For a license or permit costing more than fifty dollars, the scheduled fine is one

hundred dollars. q. For violations of section 483A.26 relating to false claims for licenses: (1) For making a false claim for a license by a resident, the scheduled fine is fifty dollars. (2) For making a false claim for a license by a nonresident, the scheduled fine is one

hundred dollars. r. For violations of section 483A.36 relating to the conveyance of guns: (1) For conveying an assembled, unloaded gun, the scheduled fine is twenty-five dollars. (2) For conveying a loaded gun, the scheduled fine is fifty dollars. 4. GINSENG VIOLATIONS. For a violation of section 456A.24, subsection 11, the sched-

uled fine is one hundred dollars. 5. EURASIAN WATER MILFOIL VIOLATIONS. For violations of section 456A.37, sub-

section 5, the scheduled fine is one hundred dollars. 6. MISUSE OF PARKS AND PRESERVES. a. For violations under sections 461A.39, 461A.45, and 461A.50, the scheduled fine is ten

dollars.

321 LAWS OF THE SEVENTY-NINTH G.A., 2001 SESSION CH.137

b. For violations under sections 461A.40, 461A.43, 461A.46, and 461A.49, the scheduled fine is fifteen dollars.

c. For violations of section 461A.44, the scheduled fine is fifty dollars. d. For violations of section 461A.48, the scheduled fine is twenty-five dollars.

Sec. 4. NEW SECTION. 805.8C MISCELLANEOUS SCHEDULED VIOLATIONS. 1. ENERGY EMERGENCY VIOLATIONS. For violations of an executive order issued by

the governor under the provisions of section 473.8, the scheduled fine is fifty dollars. 2. ALCOHOLIC BEVERAGE VIOLATIONS. For violations of section 123.49, subsection

2, paragraph "h", the scheduled fine for a licensee or permittee is one thousand five hundred dollars, and the scheduled fine for a person who is employed by a licensee or permittee is five hundred dollars.

3. SMOKING VIOLATIONS. a. For violations of section 142B.6, the scheduled fine is twenty-five dollars, and is a civil

penalty, and the criminal penalty surcharge under section 911.2 shall not be added to the penalty, and the court costs pursuant to section 805.9, subsection 6, shall not be imposed. If the civil penalty assessed for a violation of section 1428.6 is not paid in a timely manner, a citation shall be issued for the violation in the manner provided in section 804.1. However, a person under age eighteen shall not be detained in a secure facility for failure to pay the civil penalty. The complainant shall not be charged a filing fee.

b. For violations of section 453A.2, subsection 1, by an employee of a retailer, the sched- uled fine is as follows: :

(1) If the violation is a first offense, the scheduled fine is one hundred dollars. (2) If the violation is a second offense, the scheduled fine is two hundred fifty dollars. (3) If the violation is a third or subsequent offense, the scheduled fine is five hundred

dollars. c. For violations of section 453A.2, subsection 2, the scheduled fine is as follows and is a

civil penalty, and the criminal penalty surcharge under section 911.2 shall not be added to the penalty, and the court costs pursuant to section 805.9, subsection 6, shall not be im- posed:

(1) If the violation is a first offense, the scheduled fine is fifty dollars. (2) If the violation is a second offense, the scheduled fine is one hundred dollars. (3) If the violation is a third or subsequent offense, the scheduled fine is two hundred fifty

dollars.

Sec. 5. CODE EDITOR DIRECTIONS. The Code editor shall make any necessary changes to the Code in order to conform any provisions of the Code with this Act.

Approved May 16, 2001