Text: SSB03055                          Text: SSB03057
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Senate Study Bill 3056

Bill Text

PAG LIN
  1  1    Section 1.  Section 805.8, subsection 2, paragraph v, Code
  1  2 Supplement 1999, is amended to read as follows:
  1  3    v.  Violations of the schedule of axle and tandem axle and
  1  4 gross or group of axle weight violations in section 321.463
  1  5 shall be scheduled violations subject to the provisions,
  1  6 procedures and exceptions contained in sections 805.6 to
  1  7 805.11, irrespective of the amount of the fine under that
  1  8 schedule.  Violations of the schedule of weight violations
  1  9 shall be chargeable, where the fine charged does not exceed
  1 10 one hundred dollars, only by uniform citation and complaint.
  1 11 Violations of the schedule of weight violations, where the
  1 12 fine charged exceeds one hundred dollars shall, when the
  1 13 violation is admitted and section 805.9 applies, be chargeable
  1 14 upon uniform citation and complaint, indictment, or county
  1 15 attorney's information, but otherwise, shall be chargeable
  1 16 only upon indictment or county attorney's information.
  1 17    In all cases of charges under the schedule of weight
  1 18 violations, the charge shall specify the amount of fine
  1 19 charged under the schedule.  Where a defendant is convicted
  1 20 and the fine under the foregoing schedule of weight violations
  1 21 exceeds one hundred dollars, the conviction shall be of an
  1 22 indictable offense although section 805.9 is employed and
  1 23 whether the violation is charged upon uniform citation and
  1 24 complaint, indictment, or county attorney's information.  
  1 25                           EXPLANATION
  1 26    Currently, Code section 805.8 requires violations of the
  1 27 schedule of maximum gross weight limitations for vehicles
  1 28 operated on highways of this state in Code section 321.463 to
  1 29 be charged as indictable offenses when the fine charged for
  1 30 the violation exceeds $100.  This bill eliminates that
  1 31 requirement, making such violations scheduled violations
  1 32 rather than indictable offenses.  
  1 33 LSB 5138IC 78
  1 34 jm/as/5
     

Text: SSB03055                          Text: SSB03057
Text: SSB03000 - SSB03099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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