Text: SF02244 Text: SF02246 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 80.39, Code 1999, is amended to read as 1 2 follows: 1 3 80.39 DISPOSITION OF PERSONAL PROPERTY. 1 4 1. Personal property, except for motor vehicles subject to 1 5 sale pursuant to section 321.89, and seizable property subject 1 6 to disposition pursuant to chapter 809 or 809A, which personal 1 7 property is found or seized by, turned in to, or otherwise 1 8 lawfully comes into the possession of the department of public 1 9 safety or a local law enforcement agency and which the 1 10 department or agency does not own, shall be disposed of 1 11 pursuant to this section. If by examining the property the 1 12 owner or lawful custodian of the property is known or can be 1 13 readily ascertained, the department or agency shall notify the 1 14 owner or custodian by certified mail directed to the owner's 1 15 or custodian's last known address, as to the location of the 1 16 property. If the identity or address of the owner cannot be 1 17 determined, notice by one publication in a newspaper of 1 18 general circulation in the area where the property was found 1 19 is sufficient notice. A published notice may contain multiple 1 20 items. 1 21 2. The department or agency may return the property to a 1 22 person if that person or the person's representative does all 1 23 of the following: 1 24 a. Appears at the location where the property is located. 1 25 b. Provides proper identification. 1 26 c. Demonstrates ownership or lawful possession of the 1 27 property to the satisfaction of the department or agency. 1 28 3. After ninety days following the mailing or publication 1 29 of the notice required by this section, or if the owner or 1 30 lawful custodian of the property is unknown or cannot be 1 31 readily determined, or the department or agency has not turned 1 32 the property over to the owner, the lawful custodian, or the 1 33 owner's or custodian's representative, the department or 1 34 agency may dispose of the property in any lawful way, 1 35 including but not limited to the following: 2 1 a. Selling the property at public auction with the 2 2 proceeds, less department or agency expenses, going to the 2 3 general fund of the state if sold by the department, the rural 2 4 services fund if sold by a county agency, and the general fund 2 5 of a city if sold by a city agency, however, the department or 2 6 agency shall be reimbursed from the proceeds for the 2 7 reasonable expenses incurred in selling the property at the 2 8 auction. 2 9 b. Retaining the property for the department's or agency's 2 10 own use. 2 11 c. Giving the property to another agency of government. 2 12 d. Giving the property to an appropriate charitable 2 13 organization. 2 14 e. Destroying the property. 2 15 4. Except when a person appears in person or through a 2 16 representative within the time periods set by this section, 2 17 and satisfies the department or agency that the person is the 2 18 owner or lawful custodian of the property, disposition of the 2 19 property shall be at the discretion of the department or 2 20 agency. The department or agency shall maintain the receipt 2 21 and disposition records for all property processed under this 2 22 section. Good faith compliance with this section is a defense 2 23 to any claim or action at law or in equity regarding the 2 24 disposition of the property. 2 25 Sec. 2. Section 321.47, Code Supplement 1999, is amended 2 26 by adding the following new unnumbered paragraph: 2 27 NEW UNNUMBERED PARAGRAPH. A person convicted of a 2 28 violation of this section is guilty of a simple misdemeanor 2 29 punishable as a scheduled violation under section 805.8, 2 30 subsection 2, paragraph "ad". 2 31 Sec. 3. Section 321.91, subsection 2, Code 1999, is 2 32 amended to read as follows: 2 33 2.AnyA personwho abandons a vehicle shall beconvicted 2 34 of a violation of this section is guilty of a simple 2 35 misdemeanor punishable as a scheduled violation under section 3 1 805.8, subsection 2, paragraph "m". 3 2 Sec. 4. Section 321.99, Code 1999, is amended to read as 3 3 follows: 3 4 321.99 FRAUDULENT USE OF REGISTRATION. 3 5 A person shall not knowingly lend to another a registration 3 6 card, registration plate, special plate, or permit issued to 3 7 the person if the other person desiring to borrow the card, 3 8 plate, or permit would not be entitled to the use of it. A 3 9 person shall not knowingly permit the use of a registration 3 10 card, registration plate, special plate, or permit issued to 3 11 the person by one not entitled to it, nor shall a person 3 12 knowingly display upon a vehicle a registration card, 3 13 registration plate, special plate, or permit not issued for 3 14 that vehicle under this chapter. A person convicted of a 3 15 violation of this section is guilty of a simple misdemeanor 3 16 punishable as a scheduled violation under section 805.8, 3 17 subsection 2, paragraph "o". 3 18 Sec. 5. Section 321.104, unnumbered paragraph 1, Code 3 19 Supplement 1999, is amended to read as follows: 3 20 It is a simple misdemeanor,punishable asprovided in3 21section 321.482a scheduled violation under section 805.8, 3 22 subsection 12, for any person to commit any of the following 3 23 acts: 3 24 Sec. 6. Section 321.115, Code 1999, is amended by adding 3 25 the following new subsection: 3 26 NEW SUBSECTION. 5. A person convicted of a violation of 3 27 this section is guilty of a simple misdemeanor punishable as a 3 28 scheduled violation under section 805.8, subsection 2, 3 29 paragraph "o". 3 30 Sec. 7. Section 321.219, Code 1999, is amended to read as 3 31 follows: 3 32 321.219 PERMITTING UNAUTHORIZED MINOR TO DRIVE. 3 33NoA person shall not cause or knowingly permit the 3 34 person's child or ward under the age of eighteen years to 3 35 drive a motor vehicle upon any highway whensuchthe minor is 4 1 not authorizedhereunderunder this section or in violation of 4 2any of the provisions ofthis chapter. 4 3 A person convicted of a violation of this section is guilty 4 4 of a simple misdemeanor punishable as a scheduled violation 4 5 under section 805.8, subsection 2, paragraph "w". 4 6 Sec. 8. Section 321.220, Code 1999, is amended by adding 4 7 the following new unnumbered paragraph: 4 8 NEW UNNUMBERED PARAGRAPH. A person convicted of a 4 9 violation of this section is guilty of a simple misdemeanor 4 10 punishable as a scheduled violation under section 805.8, 4 11 subsection 2, paragraph "w". 4 12 Sec. 9. Section 321.234A, Code Supplement 1999, is amended 4 13 by adding the following new unnumbered paragraph: 4 14 NEW UNNUMBERED PARAGRAPH. A person convicted of a 4 15 violation of this section is guilty of a simple misdemeanor 4 16 punishable as a scheduled violation under section 805.8, 4 17 subsection 4, paragraph "b". 4 18 Sec. 10. Section 321.247, Code 1999, is amended by adding 4 19 the following new unnumbered paragraph: 4 20 NEW UNNUMBERED PARAGRAPH. A person convicted of a 4 21 violation of this section is guilty of a simple misdemeanor 4 22 punishable as a scheduled violation under section 805.8, 4 23 subsection 2, paragraph "e". 4 24 Sec. 11. Section 321.294, Code 1999, is amended to read as 4 25 follows: 4 26 321.294 MINIMUM SPEED REGULATION. 4 27NoA person shall not drive a motor vehicle at such a slow 4 28 speed as to impede or block the normal and reasonable movement 4 29 of traffic except when reduced speed is necessary for safe 4 30 operation or in compliance with law. Peace officers are 4 31 hereby authorized to enforce this provision by directions to 4 32 drivers, and in the event of apparent willful disobedience to 4 33 this provision and refusal to comply with direction of an 4 34 officer in accordance herewith the continued slow operation by 4 35 a driver shall be a simple misdemeanor, and be punished as5 1provided in section 321.482punishable as a scheduled 5 2 violation under section 805.8, subsection 2, paragraph "l". 5 3 Sec. 12. Section 321.302, Code 1999, is amended by adding 5 4 the following new unnumbered paragraph: 5 5 NEW UNNUMBERED PARAGRAPH. A person convicted of a 5 6 violation of this section is guilty of a simple misdemeanor 5 7 punishable as a scheduled violation under section 805.8, 5 8 subsection 2, paragraph "h". 5 9 Sec. 13. Section 321.327, Code 1999, is amended by adding 5 10 the following new unnumbered paragraph: 5 11 NEW UNNUMBERED PARAGRAPH. A person convicted of a 5 12 violation of this section is guilty of a simple misdemeanor 5 13 punishable as a scheduled violation under section 805.8, 5 14 subsection 2, paragraph "i". 5 15 Sec. 14. Section 321.366, unnumbered paragraph 3, Code 5 16 1999, is amended to read as follows: 5 17 Violations of this section are punishableas provided in5 18section 321.482as a scheduled violation under section 805.8, 5 19 subsection 2, paragraph "ai". 5 20 Sec. 15. Section 321.381, Code 1999, is amended to read as 5 21 follows: 5 22 321.381 MOVEMENT OF UNSAFE OR IMPROPERLY EQUIPPED 5 23 VEHICLES. 5 24 It is a simple misdemeanor,punishableas provided in5 25section 321.482as a scheduled violation under section 805.8, 5 26 subsection 2, paragraph "m", for any person to drive or move 5 27 or for the owner to cause or knowingly permit to be driven or 5 28 moved on any highway any vehicle or combination of vehicles 5 29 which is in such unsafe condition as to endanger any person, 5 30 or which does not contain those parts or is not at all times 5 31 equipped with such lamps and other equipment in proper 5 32 condition and adjustment as required in this chapter, or which 5 33 is equipped with one or more unsafe tires or which is equipped 5 34 in any manner in violation of this chapter. 5 35 Sec. 16. Section 321.421, Code 1999, is amended by adding 6 1 the following new unnumbered paragraph: 6 2 NEW UNNUMBERED PARAGRAPH. A person convicted of a 6 3 violation of this section is guilty of a simple misdemeanor 6 4 punishable as a scheduled violation under section 805.8, 6 5 subsection 2, paragraph "e". 6 6 Sec. 17. Section 331.302, subsection 2, Code Supplement 6 7 1999, is amended to read as follows: 6 8 2. A county shall not provide a penalty in excess of atwo6 9 five hundred dollar fine or in excess of thirty days 6 10 imprisonment for the violation of an ordinance. The criminal 6 11 penalty surcharge required by section 911.2 shall be added to 6 12 a county fine and is not a part of the county's penalty. 6 13 Sec. 18. Section 331.302, subsection 4A, paragraph a, 6 14 subparagraph (2), Code Supplement 1999, is amended to read as 6 15 follows: 6 16 (2) A portion of the Code of Iowa may be adopted by 6 17 reference only if the criminal penalty provided by the law 6 18 adopted does not exceed thirty days' imprisonmentorand atwo6 19 five hundred dollar fine. 6 20 Sec. 19. Section 331.652, Code 1999, is amended by adding 6 21 the following new subsection: 6 22 NEW SUBSECTION. 8. The sheriff may dispose of personal 6 23 property under section 80.39. 6 24 Sec. 20. Section 364.3, subsection 2, Code Supplement 6 25 1999, is amended to read as follows: 6 26 2. A city shall not provide a penalty in excess of atwo6 27 five hundred dollar fine or in excess of thirty days 6 28 imprisonment for the violation of an ordinance. An amount 6 29 equal to ten percent of all fines collected by cities shall be 6 30 deposited in the account established in section 602.8108. 6 31 However, one hundred percent of all fines collected by a city 6 32 pursuant to section 321.236, subsection 1, shall be retained 6 33 by the city. The criminal penalty surcharge required by 6 34 section 911.2 shall be added to a city fine and is not a part 6 35 of the city's penalty. 7 1 Sec. 21. Section 364.22, Code 1999, is amended by adding 7 2 the following new subsection: 7 3 NEW SUBSECTION. 14. A police department may dispose of 7 4 personal property under section 80.39. 7 5 Sec. 22. Section 380.10, subsection 2, Code 1999, is 7 6 amended to read as follows: 7 7 2. A portion of the Code of Iowa may be adopted by 7 8 reference only if the criminal penalty provided by the law 7 9 adopted does not exceed thirty days' imprisonmentorand aone7 10 five hundred dollar fine. 7 11 Sec. 23. Section 482.15, Code 1999, is amended to read as 7 12 follows: 7 13 482.15 PENALTIES. 7 14 A person who violatesa provision ofthis chapter or a rule 7 15 issued under this chapter is guilty of a simple misdemeanor 7 16 punishable as a scheduled violation under section 805.8, 7 17 subsection 5, paragraph "e". 7 18 Sec. 24. Section 483A.42, Code 1999, is amended to read as 7 19 follows: 7 20 483A.42 PENALTIES. 7 21 A person who violatesa provision ofthis chapter is guilty 7 22 of a simple misdemeanorand shall be fined not less than ten7 23dollars for each cited offensepunishable as a scheduled 7 24 violation under section 805.8, subsection 5, paragraph "e". 7 25 Sec. 25. Section 805.8, subsection 2, paragraph e, Code 7 26 Supplement 1999, is amended to read as follows: 7 27 e. For improperly used or nonused or defective or improper 7 28 equipment under sections 321.383, 321.384, 321.385, 321.386, 7 29 321.398, 321.402, 321.403, 321.404, 321.409, 321.419, 321.420, 7 30 321.423, 321.430, and 321.433, the scheduled fine is twenty 7 31 dollars. For violations of sections 321.247 and 321.421, the 7 32 scheduled fine is one hundred dollars. 7 33 Sec. 26. Section 805.8, subsection 2, paragraph h, Code 7 34 Supplement 1999, is amended to read as follows: 7 35 h. For operating, passing, turning, and standing 8 1 violations under section 321.236, subsections 3, 4, 9, and 12, 8 2 section 321.275, subsections 1 through 7, sections 321.295, 8 3 321.297, 321.299, 321.303, 321.304, subsections 1 and 2, 8 4 sections 321.305, 321.306, 321.311, 321.312, 321.314, 321.315, 8 5 321.316, 321.318, 321.323, 321.340, 321.353, 321.354, 321.363, 8 6 321.365,321.366,321.368, 321.382, and 321.395, the scheduled 8 7 fine is fifteen dollars. For violations of section 321.302, 8 8 the scheduled fine is one hundred dollars. 8 9 Sec. 27. Section 805.8, subsection 2, paragraph i, Code 8 10 Supplement 1999, is amended to read as follows: 8 11 i. For violations involving failures to yield or to 8 12 observe pedestrians and other vehicles under section 321.257, 8 13 subsection 2, sections 321.288, 321.298, 321.307, 321.308, 8 14 321.313, 321.319, 321.320, 321.321, 321.329, 321.333, and 8 15 321.367, the scheduled fine is twenty dollars. For violations 8 16 of section 321.327, the scheduled fine is one hundred dollars. 8 17 Sec. 28. Section 805.8, subsection 2, paragraph m, Code 8 18 Supplement 1999, is amended to read as follows: 8 19 m. For height, weight, length, width, and load violations 8 20 and towed vehicle violations under sections 321.309, 321.310, 8 21 321.381, 321.394, 321.437, 321.454, 321.455, 321.456, 321.457, 8 22 321.458, 321.461, and 321.462, the scheduled fine is twenty- 8 23 five dollars. For weight violations under sections 321.459 and 8 24 321.466, the scheduled fine is twenty dollars for each two 8 25 thousand pounds or fraction thereof of overweight. For 8 26 abandoned vehicles under section 321.91, the scheduled fine is 8 27 one hundred dollars. 8 28 Sec. 29. Section 805.8, subsection 2, paragraph o, Code 8 29 Supplement 1999, is amended to read as follows: 8 30 o. For violation of registration provisions under section 8 31 321.17; violation of intrastate hauling on foreign 8 32 registration under section 321.54; improper operation or 8 33 failure to register under section 321.55; and violation of 8 34 requirement for display of registration or plates under 8 35 section 321.98, the scheduled fine is twenty dollars. For 9 1 fraudulent use of registration violations under section 321.99 9 2 and violations of antique car registration requirements under 9 3 section 321.115, the scheduled fine is one hundred dollars. 9 4 Sec. 30. Section 805.8, subsection 2, paragraph v, Code 9 5 Supplement 1999, is amended to read as follows: 9 6 v. Violations of the schedule of axle and tandem axle and 9 7 gross or group of axle weight violations in section 321.463 9 8 shall be scheduled violations subject to the provisions, 9 9 procedures and exceptions contained in sections 805.6 to 9 10 805.11, irrespective of the amount of the fine under that 9 11 schedule. Violations of the schedule of weight violations 9 12 shall be chargeable, where the fine charged does not exceed 9 13 onehundredthousand dollars, only by uniform citation and 9 14 complaint. Violations of the schedule of weight violations, 9 15 where the fine charged exceeds onehundredthousand dollars 9 16 shall, when the violation is admitted and section 805.9 9 17 applies, be chargeable upon uniform citation and complaint, 9 18 indictment, or county attorney's information, but otherwise, 9 19 shall be chargeable only upon indictment or county attorney's 9 20 information. 9 21 In all cases of charges under the schedule of weight 9 22 violations, the charge shall specify the amount of fine 9 23 charged under the schedule. Where a defendant is convicted 9 24 and the fine under the foregoing schedule of weight violations 9 25 exceeds onehundredthousand dollars, the conviction shall be 9 26 of an indictable offense although section 805.9 is employed 9 27 and whether the violation is charged upon uniform citation and 9 28 complaint, indictment, or county attorney's information. 9 29 Sec. 31. Section 805.8, subsection 2, paragraph w, Code 9 30 1999, is amended to read as follows: 9 31 w. For failure to have a valid license or permit for 9 32 operating a motor vehicle on the highways of this state 9 33 pursuant to section 321.174, or permitting an unauthorized 9 34 minor to drive in violation of section 321.219, or permitting 9 35 an unauthorized person to drive in violation of section 10 1 321.220, the scheduled fine is one hundred dollars. 10 2 Sec. 32. Section 805.8, subsection 2, paragraph ad, Code 10 3 Supplement 1999, is amended to read as follows: 10 4 ad. For violations of section 321.57, the scheduled fine 10 5 is fifty dollars. For violations of section 321.62, the 10 6 scheduled fine is fifty dollars. For violations of section 10 7 321.47, the scheduled fine is one hundred dollars. 10 8 Sec. 33. Section 805.8, subsection 2, Code Supplement 10 9 1999, is amended by adding the following new paragraph: 10 10 NEW PARAGRAPH. ai. For violations of section 321.366, the 10 11 scheduled fine is one hundred dollars. 10 12 Sec. 34. Section 805.8, subsection 4, paragraph b, Code 10 13 Supplement 1999, is amended to read as follows: 10 14 b. For operating violations under section 321G.9, 10 15 subsections 1, 2, 3, 4, 5 and 7, sections 321G.11, and 10 16 321G.13, subsections 4 and 9, the scheduled fine is twenty 10 17 dollars. For violations of section 321.234A, the scheduled 10 18 fine is one hundred dollars. 10 19 Sec. 35. Section 805.8, subsection 5, paragraph e, Code 10 20 Supplement 1999, is amended to read as follows: 10 21 e. For violations of sections 481A.85, 481A.93, 481A.95, 10 22 481A.120, 481A.137, 481B.5, 482.3,and482.9, 482.15, and 10 23 483A.42, the scheduled fine is one hundred dollars. 10 24 SF 2245 10 25 jm/cc/26
Text: SF02244 Text: SF02246 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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