Text: HSB00611 Text: HSB00613 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 364.3, subsection 2, Code 1997, is 1 2 amended to read as follows: 1 3 2. A city shall not provide a penalty in excess of aone1 4 five hundred dollar fine or in excess of thirty days 1 5 imprisonment for the violation of an ordinance. An amount 1 6 equal to ten percent of all fines collected by cities shall be 1 7 deposited in the account established in section 602.8108. 1 8 However, one hundred percent of all fines collected by a city 1 9 pursuant to section 321.236, subsection 1, shall be retained 1 10 by the city. The criminal penalty surcharge required by 1 11 section 911.2 shall be added to a city fine and is not a part 1 12 of the city's penalty. 1 13 Sec. 2. Section 364.3, subsection 6, Code 1997, is amended 1 14 to read as follows: 1 15 6. A city shall not provide a civil penalty in excess of 1 16onefive hundred dollars for the violation of an ordinance 1 17 which is classified as a municipal infraction or if the 1 18 infraction is a repeat offense, a civil penalty not to exceed 1 19twoseven hundred fifty dollars for each repeat offense. A 1 20 municipal infraction is not punishable by imprisonment. 1 21 Sec. 3. Section 364.22, subsection 1, unnumbered paragraph 1 22 1, Code 1997, is amended to read as follows: 1 23 A municipal infraction is a civil offense punishable by a 1 24 civil penalty of not more thanonefive hundred dollars for 1 25 each violation or if the infraction is a repeat offense, a 1 26 civil penalty not to exceedtwoseven hundred fifty dollars 1 27 for each repeat offense. However, notwithstanding section 1 28 364.3, a municipal infraction arising from noncompliance with 1 29 a pretreatment standard or requirement, referred to in 40 1 30 C.F.R. } 403.8, by an industrial user may be punishable by a 1 31 civil penalty of not more than one thousand dollars for each 1 32 day a violation exists or continues. 1 33 Sec. 4. EFFECTIVE DATE. Section 1 of this Act, amending 1 34 Code section 364.3, is effective January 1 following 1 35 ratification of an amendment to the Constitution of the State 2 1 of Iowa removing the limit on fines that may be imposed for 2 2 criminal offenses without indictment or intervention of a 2 3 grand jury. 2 4 EXPLANATION 2 5 This bill increases the limit on a penalty for violation of 2 6 a city ordinance from $100 to $500. This provision is 2 7 effective January 1 following ratification of an amendment to 2 8 the Constitution of the State of Iowa removing the limit on 2 9 fines that may be imposed for criminal offenses without 2 10 indictment or intervention of a grand jury. 2 11 The bill also increases the limit on a civil penalty for 2 12 violation of a municipal infraction from $100 to $500, and the 2 13 limit on a penalty for a repeat offense from $200 to $750. 2 14 LSB 3648HC 77 2 15 sc/sc/14
Text: HSB00611 Text: HSB00613 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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