Text: SF00176 Text: SF00178 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 177 1 2 1 3 AN ACT 1 4 RELATING TO MOTOR VEHICLE OPERATOR PROHIBITIONS AND RESTRIC- 1 5 TIONS INCLUDING CARELESS DRIVING, LITTERING, BLOOD ALCOHOL 1 6 TEST CERTIFICATES, AND BY ESTABLISHING OR MAKING EXISTING 1 7 PENALTIES APPLICABLE. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 321.236, subsection 1, paragraph a, 1 12 Code 1997, is amended to read as follows: 1 13 a. May be charged and collected upon a simple notice of a 1 14 fine payable to the city clerk or clerk of the district court, 1 15 if authorized by ordinance. The fine shall not exceed five 1 16 dollars except for snow route parking violations in which case 1 17 the fine shall not exceed twenty-five dollars. The fine may 1 18 be increased up to ten dollars if the parking violation is not 1 19 paid within thirty days of the date upon which the violation 1 20 occurred, if authorized by ordinance. Violations of section 1 21 321L.4, subsection 2, may be charged and collected upon a 1 22 simple notice of afiftyone hundred dollar fine payable to 1 23 the city clerk or clerk of the district court, if authorized 1 24 by ordinance. No costs or other charges shall be assessed. 1 25 All fines collected by a city pursuant to this paragraph shall 1 26 be retained by the city and all fines collected by a county 1 27 pursuant to this paragraph shall be retained by the county. 1 28 Sec. 2. NEW SECTION. 321.277A CARELESS DRIVING. 1 29 A person commits careless driving if the person 1 30 intentionally operates a motor vehicle on a public road or 1 31 highway in any one of the following ways: 1 32 1. Creates or causes unnecessary tire squealing, skidding, 1 33 or sliding upon acceleration or stopping. 1 34 2. Simulates a temporary race. 1 35 3. Causes any wheel or wheels to unnecessarily lose 2 1 contact with the ground. 2 2 4. Causes the vehicle to unnecessarily turn abruptly or 2 3 sway. 2 4 Sec. 3. Section 321.369, Code 1997, is amended to read as 2 5 follows: 2 6 321.369 PUTTING DEBRIS ON HIGHWAY. 2 7NoA person shall not throw or deposit uponanya highway 2 8 any glass bottle, glass, nails, tacks, wire, cans, trash, 2 9 garbage, rubbish, litter, offal, or any other debris.NoA 2 10 person shall not throw or deposit upon a highway a substance 2 11 likely to injure any person, animal, or vehicle uponsuchthe 2 12 highwayshall be thrown or deposited by any person upon any2 13highway.AnyA person who violatesany provision ofthis 2 14 section or section 321.370shall be guilty ofcommits a 2 15 misdemeanorand upon arrest and conviction therefor shall be2 16punishedpunishable asprovided ina scheduled violation under 2 17 section321.482805.8, subsection 2, paragraph "ad". 2 18 Sec. 4. Section 321J.7, Code 1997, is amended to read as 2 19 follows: 2 20 321J.7 DEAD OR UNCONSCIOUS PERSONS. 2 21 A person who is dead, unconscious, or otherwise in a 2 22 condition rendering the person incapable of consent or refusal 2 23 is deemed not to have withdrawn the consent provided by 2 24 section 321J.6, and the test may be given if a licensed 2 25 physician certifies in advance of the test that the person is 2 26 dead, unconscious, or otherwise in a condition rendering that 2 27 person incapable of consent or refusal. If the certification 2 28 is oral, a written certification shall be completed by the 2 29 physician within a reasonable time of the test. 2 30 Sec. 5. NEW SECTION. 321L.2A WHEELCHAIR LIFT WARNING 2 31 CONE. 2 32 The department shall, upon the request of a person issued a 2 33 handicapped parking permit under section 321L.2 who operates a 2 34 motor vehicle with a wheelchair lift, provide the person with 2 35 a traffic cone bearing the international symbol of 3 1 accessibility and the words "wheelchair lift space". The 3 2 department shall adopt rules as necessary to implement this 3 3 section. 3 4 Sec. 6. Section 321L.4, subsection 2, Code 1997, is 3 5 amended to read as follows: 3 6 2. The use of a handicapped parking space, located on 3 7 either public or private property as provided in sections 3 8 321L.5 and 321L.6, by a motor vehicle not displaying a 3 9 handicapped parking permit; by a motor vehicle displaying a 3 10 handicapped parking permit but not being used by a person in 3 11 possession of a motor vehicle license with a handicapped 3 12 designation or a nonoperator's identification card with a 3 13 handicapped designation, other than a person issued a permit 3 14 or being transported in accordance with section 321L.2, 3 15 subsection 1, paragraph "b"; or by a motor vehicle in 3 16 violation of the rules adopted by the department under section 3 17 321L.8, constitutes improper use of a handicapped parking 3 18 permit, which is a misdemeanor for which a scheduled fine 3 19 shall be imposed upon the owner, operator, or lessee of the 3 20 motor vehicle or the person to whom the handicapped parking 3 21 permit is issued. The scheduled fine for each violation shall 3 22 beone hundred dollarsas established in section 805.8, 3 23 subsection 2, paragraph "a". Proof of conviction of two or 3 24 more violations involving improper use of a handicapped 3 25 parking permit is grounds for revocation by the court or the 3 26 department of the holder's privilege to possess or use the 3 27 handicapped parking permit. 3 28 Sec. 7. Section 321L.6, subsection 3, Code 1997, is 3 29 amended to read as follows: 3 30 3. The handicapped parking sign shall include a sign 3 31 stating that the scheduled fine for improperly using the 3 32 handicapped parking space isfifty dollarsas established in 3 33 section 805.8, subsection 2, paragraph "a". 3 34 Sec. 8. Section 805.8, subsection 2, paragraph a, Code 3 35 1997, is amended to read as follows: 4 1 a. For parking violations under sections 321.236, 321.239, 4 2 321.358, 321.360, and 321.361, the scheduled fine is five 4 3 dollars. The scheduled fine for a parking violation of 4 4 section 321.236 increases in an amount up to ten dollars, as 4 5 authorized by ordinance pursuant to section 321.236, 4 6 subsection 1, paragraph "a", if the parking violation is not 4 7 paid within thirty days of the date upon which the violation 4 8 occurred. For purposes of calculating the unsecured 4 9 appearance bond required under section 805.6, the scheduled 4 10 fine shall be five dollars. However, violations charged by a 4 11 city or county upon simple notice of a fine instead of a 4 12 uniform citation and complaint as permitted by section 4 13 321.236, subsection 1, paragraph "a", are not scheduled 4 14 violations, and this section shall not apply to any offense 4 15 charged in that manner. For a parking violation under section 4 16 321.362 or 461A.38 the scheduled fine is ten dollars. For a 4 17 parking violation under section 321L.4, subsection 2, the 4 18 scheduled fine isfiftyone hundred dollars. 4 19 Sec. 9. Section 805.8, subsection 2, Code 1997, is amended 4 20 by adding the following new paragraph: 4 21 NEW PARAGRAPH. ad. For violations of section 321.277A, 4 22 321.369 or 321.370, the scheduled fine is twenty-five dollars. 4 23 4 24 4 25 4 26 MARY E. KRAMER 4 27 President of the Senate 4 28 4 29 4 30 4 31 RON J. CORBETT 4 32 Speaker of the House 4 33 4 34 I hereby certify that this bill originated in the Senate and 4 35 is known as Senate File 177, Seventy-seventh General Assembly. 5 1 5 2 5 3 5 4 MARY PAT GUNDERSON 5 5 Secretary of the Senate 5 6 Approved , 1997 5 7 5 8 5 9 5 10 TERRY E. BRANSTAD 5 11 Governor
Text: SF00176 Text: SF00178 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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