Text: HSB00611                          Text: HSB00613
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House Study Bill 612

Bill Text

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 a one
  1  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 16 one five 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 19 two seven 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 than one five hundred dollars for
  1 25 each violation or if the infraction is a repeat offense, a
  1 26 civil penalty not to exceed two seven 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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