Text: SSB03129                          Text: SSB03131
Text: SSB03100 - SSB03199               Text: SSB Index
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Senate Study Bill 3130

Bill Text

PAG LIN
  1  1    Section 1.  Section 321.47, Code Supplement 1999, is
  1  2 amended by adding the following new unnumbered paragraph:
  1  3    NEW UNNUMBERED PARAGRAPH.  A person convicted of a
  1  4 violation of this section is guilty of a simple misdemeanor
  1  5 punishable as a scheduled violation under section 805.8,
  1  6 subsection 2, paragraph "ad".
  1  7    Sec. 2.  Section 321.91, subsection 2, Code 1999, is
  1  8 amended to read as follows:
  1  9    2.  Any A person who abandons a vehicle shall be convicted
  1 10 of a violation of this section is guilty of a simple
  1 11 misdemeanor punishable as a scheduled violation under section
  1 12 805.8, subsection 2, paragraph "m".
  1 13    Sec. 3.  Section 321.99, Code 1999, is amended to read as
  1 14 follows:
  1 15    321.99  FRAUDULENT USE OF REGISTRATION.
  1 16    A person shall not knowingly lend to another a registration
  1 17 card, registration plate, special plate, or permit issued to
  1 18 the person if the other person desiring to borrow the card,
  1 19 plate, or permit would not be entitled to the use of it.  A
  1 20 person shall not knowingly permit the use of a registration
  1 21 card, registration plate, special plate, or permit issued to
  1 22 the person by one not entitled to it, nor shall a person
  1 23 knowingly display upon a vehicle a registration card,
  1 24 registration plate, special plate, or permit not issued for
  1 25 that vehicle under this chapter.  A person convicted of a
  1 26 violation of this section is guilty of a simple misdemeanor
  1 27 punishable as a scheduled violation under section 805.8,
  1 28 subsection 2, paragraph "o".
  1 29    Sec. 4.  Section 321.115, Code 1999, is amended by adding
  1 30 the following new subsection:
  1 31    NEW SUBSECTION.  5.  A person convicted of a violation of
  1 32 this section is guilty of a simple misdemeanor punishable as a
  1 33 scheduled violation under section 805.8, subsection 2,
  1 34 paragraph "o".
  1 35    Sec. 5.  Section 321.219, Code 1999, is amended to read as
  2  1 follows:
  2  2    321.219  PERMITTING UNAUTHORIZED MINOR TO DRIVE.
  2  3    No A person shall not cause or knowingly permit the
  2  4 person's child or ward under the age of eighteen years to
  2  5 drive a motor vehicle upon any highway when such the minor is
  2  6 not authorized hereunder under this section or in violation of
  2  7 any of the provisions of this chapter.
  2  8    A person convicted of a violation of this section is guilty
  2  9 of a simple misdemeanor punishable as a scheduled violation
  2 10 under section 805.8, subsection 2, paragraph "w".
  2 11    Sec. 6.  Section 321.220, Code 1999, is amended by adding
  2 12 the following new unnumbered paragraph:
  2 13    NEW UNNUMBERED PARAGRAPH.  A person convicted of a
  2 14 violation of this section is guilty of a simple misdemeanor
  2 15 punishable as a scheduled violation under section 805.8,
  2 16 subsection 2, paragraph "w".
  2 17    Sec. 7.  Section 321.234A, Code Supplement 1999, is amended
  2 18 by adding the following new unnumbered paragraph:
  2 19    NEW UNNUMBERED PARAGRAPH.  A person convicted of a
  2 20 violation of this section is guilty of a simple misdemeanor
  2 21 punishable as a scheduled violation under section 805.8,
  2 22 subsection 4, paragraph "b".
  2 23    Sec. 8.  Section 321.247, Code 1999, is amended by adding
  2 24 the following new unnumbered paragraph:
  2 25    NEW UNNUMBERED PARAGRAPH.  A person convicted of a
  2 26 violation of this section is guilty of a simple misdemeanor
  2 27 punishable as a scheduled violation under section 805.8,
  2 28 subsection 2, paragraph "e".
  2 29    Sec. 9.  Section 321.302, Code 1999, is amended by adding
  2 30 the following new unnumbered paragraph:
  2 31    NEW UNNUMBERED PARAGRAPH.  A person convicted of a
  2 32 violation of this section is guilty of a simple misdemeanor
  2 33 punishable as a scheduled violation under section 805.8,
  2 34 subsection 2, paragraph "h".
  2 35    Sec. 10.  Section 321.327, Code 1999, is amended by adding
  3  1 the following new unnumbered paragraph:
  3  2    NEW UNNUMBERED PARAGRAPH.  A person convicted of a
  3  3 violation of this section is guilty of a simple misdemeanor
  3  4 punishable as a scheduled violation under section 805.8,
  3  5 subsection 2, paragraph "i".
  3  6    Sec. 11.  Section 321.366, unnumbered paragraph 3, Code
  3  7 1999, is amended to read as follows:
  3  8    Violations A person convicted of a violation of subsection
  3  9 6 is guilty of a simple misdemeanor punishable as a scheduled
  3 10 violation under section 805.8, subsection 2, paragraph "a".
  3 11 Other violations of this section are punishable as provided in
  3 12 section 321.482.
  3 13    Sec. 12.  Section 321.421, Code 1999, is amended by adding
  3 14 the following new unnumbered paragraph:
  3 15    NEW UNNUMBERED PARAGRAPH.  A person convicted of a
  3 16 violation of this section is guilty of a simple misdemeanor
  3 17 punishable as a scheduled violation under section 805.8,
  3 18 subsection 2, paragraph "e".
  3 19    Sec. 13.  Section 482.15, Code 1999, is amended to read as
  3 20 follows:
  3 21    482.15  PENALTIES.
  3 22    A person who violates a provision of this chapter or a rule
  3 23 issued under this chapter is guilty of a simple misdemeanor
  3 24 punishable as a scheduled violation under section 805.8,
  3 25 subsection 5, paragraph "e".
  3 26    Sec. 14.  Section 483A.42, Code 1999, is amended to read as
  3 27 follows:
  3 28    483A.42  PENALTIES.
  3 29    A person who violates a provision of this chapter is guilty
  3 30 of a simple misdemeanor and shall be fined not less than ten
  3 31 dollars for each cited offense punishable as a scheduled
  3 32 violation under section 805.8, subsection 5, paragraph "e".
  3 33    Sec. 15.  Section 805.8, subsection 2, paragraph e, Code
  3 34 Supplement 1999, is amended to read as follows:
  3 35    e.  For improperly used or nonused or defective or improper
  4  1 equipment under sections 321.383, 321.384, 321.385, 321.386,
  4  2 321.398, 321.402, 321.403, 321.404, 321.409, 321.419, 321.420,
  4  3 321.423, 321.430, and 321.433, the scheduled fine is twenty
  4  4 dollars.  For violations of sections 321.247 and 321.421, the
  4  5 scheduled fine is one hundred dollars.
  4  6    Sec. 16.  Section 805.8, subsection 2, paragraph h, Code
  4  7 Supplement 1999, is amended to read as follows:
  4  8    h.  For operating, passing, turning, and standing
  4  9 violations under section 321.236, subsections 3, 4, 9, and 12,
  4 10 section 321.275, subsections 1 through 7, sections 321.295,
  4 11 321.297, 321.299, 321.303, 321.304, subsections 1 and 2,
  4 12 sections 321.305, 321.306, 321.311, 321.312, 321.314, 321.315,
  4 13 321.316, 321.318, 321.323, 321.340, 321.353, 321.354, 321.363,
  4 14 321.365, 321.366, 321.368, 321.382, and 321.395, the scheduled
  4 15 fine is fifteen dollars.  For violations of section 321.302,
  4 16 the scheduled fine is one hundred dollars.
  4 17    Sec. 17.  Section 805.8, subsection 2, paragraph i, Code
  4 18 Supplement 1999, is amended to read as follows:
  4 19    i.  For violations involving failures to yield or to
  4 20 observe pedestrians and other vehicles under section 321.257,
  4 21 subsection 2, sections 321.288, 321.298, 321.307, 321.308,
  4 22 321.313, 321.319, 321.320, 321.321, 321.329, 321.333, and
  4 23 321.367, the scheduled fine is twenty dollars.  For violations
  4 24 of section 321.327, the scheduled fine is one hundred dollars.
  4 25    Sec. 18.  Section 805.8, subsection 2, paragraph m, Code
  4 26 Supplement 1999, is amended to read as follows:
  4 27    m.  For height, weight, length, width, and load violations
  4 28 and towed vehicle violations under sections 321.309, 321.310,
  4 29 321.381, 321.394, 321.437, 321.454, 321.455, 321.456, 321.457,
  4 30 321.458, 321.461, and 321.462, the scheduled fine is twenty-
  4 31 five dollars. For weight violations under sections 321.459 and
  4 32 321.466, the scheduled fine is twenty dollars for each two
  4 33 thousand pounds or fraction thereof of overweight.  For
  4 34 abandoned vehicles under section 321.91, the scheduled fine is
  4 35 one hundred dollars.
  5  1    Sec. 19.  Section 805.8, subsection 2, paragraph o, Code
  5  2 Supplement 1999, is amended to read as follows:
  5  3    o.  For violation of registration provisions under section
  5  4 321.17; violation of intrastate hauling on foreign
  5  5 registration under section 321.54; improper operation or
  5  6 failure to register under section 321.55; and violation of
  5  7 requirement for display of registration or plates under
  5  8 section 321.98, the scheduled fine is twenty dollars.  For
  5  9 fraudulent use of registration violations under section 321.99
  5 10 and violations of antique car registration requirements under
  5 11 section 321.115, the scheduled fine is one hundred dollars.
  5 12    Sec. 20.  Section 805.8, subsection 2, paragraph v, Code
  5 13 Supplement 1999, is amended to read as follows:
  5 14    v.  Violations of the schedule of axle and tandem axle and
  5 15 gross or group of axle weight violations in section 321.463
  5 16 shall be scheduled violations subject to the provisions,
  5 17 procedures and exceptions contained in sections 805.6 to
  5 18 805.11, irrespective of the amount of the fine under that
  5 19 schedule.  Violations of the schedule of weight violations
  5 20 shall be chargeable, where the fine charged does not exceed
  5 21 one hundred dollars, only by uniform citation and complaint.
  5 22 Violations of the schedule of weight violations, where the
  5 23 fine charged exceeds one hundred dollars shall, when the
  5 24 violation is admitted and section 805.9 applies, be chargeable
  5 25 upon uniform citation and complaint, indictment, or county
  5 26 attorney's information, but otherwise, shall be chargeable
  5 27 only upon indictment or county attorney's information.
  5 28    In all cases of charges under the schedule of weight
  5 29 violations, the charge shall specify the amount of fine
  5 30 charged under the schedule.  Where a defendant is convicted
  5 31 and the fine under the foregoing schedule of weight violations
  5 32 exceeds one hundred dollars, the conviction shall be of an
  5 33 indictable offense although section 805.9 is employed and
  5 34 whether the violation is charged upon uniform citation and
  5 35 complaint, indictment, or county attorney's information.
  6  1    Sec. 21.  Section 805.8, subsection 2, paragraph w, Code
  6  2 1999, is amended to read as follows:
  6  3    w.  For failure to have a valid license or permit for
  6  4 operating a motor vehicle on the highways of this state
  6  5 pursuant to section 321.174, or permitting an unauthorized
  6  6 minor to drive in violation of section 321.219, or permitting
  6  7 an unauthorized person to drive in violation of section
  6  8 321.220, the scheduled fine is one hundred dollars.
  6  9    Sec. 22.  Section 805.8, subsection 2, paragraph ad, Code
  6 10 Supplement 1999, is amended to read as follows:
  6 11    ad.  For violations of section 321.57, the scheduled fine
  6 12 is fifty dollars.  For violations of section 321.62, the
  6 13 scheduled fine is fifty dollars.  For violations of section
  6 14 321.47, the scheduled fine is one hundred dollars.
  6 15    Sec. 23.  Section 805.8, subsection 2, Code Supplement
  6 16 1999, is amended by adding the following new paragraph:
  6 17    NEW PARAGRAPH.  ai.  For violations of section 321.366, the
  6 18 scheduled fine is one hundred dollars.
  6 19    Sec. 24.  Section 805.8, subsection 4, paragraph b, Code
  6 20 Supplement 1999, is amended to read as follows:
  6 21    b.  For operating violations under section 321G.9,
  6 22 subsections 1, 2, 3, 4, 5 and 7, sections 321G.11, and
  6 23 321G.13, subsections 4 and 9, the scheduled fine is twenty
  6 24 dollars.  For violations of section 321.234A, the scheduled
  6 25 fine is one hundred dollars.
  6 26    Sec. 25.  Section 805.8, subsection 5, paragraph e, Code
  6 27 Supplement 1999, is amended to read as follows:
  6 28    e.  For violations of sections 481A.85, 481A.93, 481A.95,
  6 29 481A.120, 481A.137, 481B.5, 482.3, and 482.9, 482.15, and
  6 30 483A.42, the scheduled fine is one hundred dollars.  
  6 31                           EXPLANATION
  6 32    This bill reclassifies certain simple misdemeanors to
  6 33 scheduled violations, which allows a defendant to pay only a
  6 34 fine and court costs without ever making a formal court
  6 35 appearance.  The bill provides for a $100 scheduled fine for
  7  1 each offense that has been reclassified, except for overweight
  7  2 trucks.  Under the bill, a scheduled fine for an overweight
  7  3 truck shall depend upon the weight of the truck.  The simple
  7  4 misdemeanors reclassified under the bill include the
  7  5 following:  special restrictions on lamps, operating a golf
  7  6 cart on city streets, overtaking on the right, pedestrian's
  7  7 right-of-way, abandonment of motor vehicles, fraudulent use of
  7  8 registration, antique vehicles and registration, overweight
  7  9 trucks, permitting unauthorized minors or persons to drive,
  7 10 transfers by operation of law, acts prohibited on fully
  7 11 controlled access roads, certain operating all-terrain vehicle
  7 12 offenses, certain commercial fishing offenses, and certain
  7 13 offenses related to fishing and hunting licenses, contraband,
  7 14 and guns.
  7 15    A person convicted of a scheduled violation must also pay
  7 16 court costs and surcharge in addition to the fine.  
  7 17 LSB 5671SC 78
  7 18 jm/cf/24
     

Text: SSB03129                          Text: SSB03131
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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