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PAG LIN
1 1 SENATE FILE 499
1 2
1 3 AN ACT
1 4 MAKING CHANGES TO AND REORGANIZING SCHEDULED FINES.
1 5
1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 7
1 8 Section 1. Section 805.8, Code 2001, is amended by
1 9 striking the section and inserting in lieu thereof the
1 10 following:
1 11 805.8 SCHEDULED VIOLATIONS.
1 12 1. APPLICATION. Except as otherwise indicated, violations
1 13 of sections of the Code specified in sections 805.8A, 805.8B,
1 14 and 805.8C, are scheduled violations, and the scheduled fine
1 15 for each of those violations is as provided in those sections,
1 16 whether the violation is of state law or of a county or city
1 17 ordinance. The criminal penalty surcharge required by section
1 18 911.2 shall be added to the scheduled fine.
1 19 2. DESCRIPTION OF VIOLATIONS. The descriptions of
1 20 offenses used in sections 805.8A, 805.8B, and 805.8C, are for
1 21 convenience only and shall not be construed to define any
1 22 offense or to include or exclude any offense other than those
1 23 specifically included or excluded by reference to the Code. A
1 24 reference to a section or subsection of the Code without
1 25 further limitation includes every offense defined by that
1 26 section or subsection.
1 27 Sec. 2. NEW SECTION. 805.8A MOTOR VEHICLE AND
1 28 TRANSPORTATION SCHEDULED VIOLATIONS.
1 29 1. PARKING VIOLATIONS.
1 30 a. For parking violations under sections 321.236, 321.239,
1 31 321.358, 321.360, and 321.361, the scheduled fine is five
1 32 dollars. The scheduled fine for a parking violation of
1 33 section 321.236 increases in an amount up to ten dollars, as
1 34 authorized by ordinance pursuant to section 321.236,
1 35 subsection 1, paragraph "a", if the parking violation is not
2 1 paid within thirty days of the date upon which the violation
2 2 occurred. For purposes of calculating the unsecured
2 3 appearance bond required under section 805.6, the scheduled
2 4 fine shall be five dollars. However, violations charged by a
2 5 city or county upon simple notice of a fine instead of a
2 6 uniform citation and complaint as permitted by section
2 7 321.236, subsection 1, paragraph "a", are not scheduled
2 8 violations, and this section shall not apply to any offense
2 9 charged in that manner. For a parking violation under section
2 10 321.362 or 461A.38, the scheduled fine is ten dollars.
2 11 b. For a parking violation under section 321L.2A,
2 12 subsection 2, the scheduled fine is twenty dollars.
2 13 c. For violations under section 321L.2A, subsection 3,
2 14 321L.3, 321L.4, subsection 2, and 321L.7, the scheduled fine
2 15 is one hundred dollars.
2 16 2. TITLE OR REGISTRATION VIOLATIONS.
2 17 a. For violations under sections 321.32, 321.34, 321.37,
2 18 321.38, and 321.41, the scheduled fine is ten dollars.
2 19 b. For violations under sections 321.17, 321.47, 321.55,
2 20 321.98, and 321.115, the scheduled fine is thirty dollars.
2 21 c. For violations under sections 321.25, 321.45, 321.46,
2 22 321.48, 321.52, 321.57, 321.62, 321.67, and 321.104, the
2 23 scheduled fine is fifty dollars.
2 24 d. For a violation under section 321.99, the scheduled
2 25 fine is one hundred dollars.
2 26 3. EQUIPMENT VIOLATIONS.
2 27 a. For violations under sections 321.317, 321.386,
2 28 321.387, 321.388, 321.389, 321.390, 321.392, 321.393, 321.422,
2 29 321.432, 321.436, 321.439, 321.440, 321.441, 321.442, and
2 30 321.444, the scheduled fine is ten dollars.
2 31 b. For improperly used or nonused, or defective or
2 32 improper equipment, other than brakes, driving lights and
2 33 brake lights, under section 321.437, the scheduled fine is ten
2 34 dollars.
2 35 c. For violations under sections 321.382, 321.404A, and
3 1 321.438, the scheduled fine is fifteen dollars.
3 2 d. For violations of sections 321.383, 321.384, 321.385,
3 3 321.398, 321.402, 321.403, 321.404, 321.409, 321.415, 321.419,
3 4 321.420, 321.421, 321.423, and 321.433, the scheduled fine is
3 5 twenty dollars.
3 6 e. For a violation of section 321.430, the scheduled
3 7 violation is thirty-five dollars.
3 8 f. For violations under sections 321.234A, 321.247,
3 9 321.381, and 321.381A, the scheduled fine is fifty dollars.
3 10 4. DRIVER'S LICENSE VIOLATIONS.
3 11 a. For violations under sections 321.174A, 321.180,
3 12 321.180B, 321.193, and 321.194, the scheduled fine is thirty
3 13 dollars.
3 14 b. For a violation of section 321.216, the scheduled
3 15 violation is seventy-five dollars.
3 16 c. For violations under sections 321.174, 321.216B,
3 17 321.216C, 321.219, and 321.220, the scheduled fine is one
3 18 hundred dollars.
3 19 5. SPEED VIOLATIONS.
3 20 a. For excessive speed violations in excess of the limit
3 21 under section 321.236, subsections 5 and 11, sections 321.285,
3 22 and 461A.36, the scheduled fine shall be the following:
3 23 (1) Ten dollars for speed not more than five miles per
3 24 hour in excess of the limit.
3 25 (2) Twenty dollars for speed greater than five but not
3 26 more than ten miles per hour in excess of the limit.
3 27 (3) Thirty dollars for speed greater than ten but not more
3 28 than fifteen miles per hour in excess of the limit.
3 29 (4) Forty dollars for speed greater than fifteen but not
3 30 more than twenty miles per hour in excess of the limit.
3 31 (5) Forty dollars plus two dollars for each mile per hour
3 32 of excessive speed over twenty miles per hour over the limit.
3 33 b. Notwithstanding paragraph "a", for excessive speed
3 34 violations in speed zones greater than fifty-five miles per
3 35 hour, the scheduled fine shall be:
4 1 (1) Ten dollars for speed not more than five miles per
4 2 hour in excess of the limit.
4 3 (2) Twenty dollars for speed greater than five but not
4 4 more than ten miles per hour in excess of the limit.
4 5 (3) Forty dollars for speed greater than ten but not more
4 6 than fifteen miles per hour in excess of the limit.
4 7 (4) Sixty dollars for speed greater than fifteen but not
4 8 more than twenty miles per hour in excess of the limit.
4 9 (5) Sixty dollars plus two dollars for each mile per hour
4 10 of excessive speed over twenty miles per hour over the limit.
4 11 c. Excessive speed in whatever amount by a school bus is
4 12 not a scheduled violation under any section listed in this
4 13 subsection.
4 14 d. Excessive speed in conjunction with a violation of
4 15 section 321.278 is not a scheduled violation, whatever the
4 16 amount of excess speed.
4 17 e. For a violation under section 321.295, the scheduled
4 18 fine is thirty dollars.
4 19 6. OPERATING VIOLATIONS.
4 20 a. For a violation under section 321.236, subsections 3,
4 21 4, 9, and 12, the scheduled fine is twenty dollars.
4 22 b. For violations under sections 321.275, subsections 1
4 23 through 7, 321.277A, 321.315, 321.316, 321.318, 321.363, and
4 24 321.365, the scheduled fine is twenty-five dollars.
4 25 c. For violations under sections 321.288, 321.297,
4 26 321.299, 321.303, 321.304, subsections 1 and 2, 321.305,
4 27 321.306, 321.311, 321.312, 321.314, 321.323, 321.340, 321.353,
4 28 321.354, and 321.395, the scheduled fine is thirty-five
4 29 dollars.
4 30 d. For violations under sections 321.302 and 321.366, the
4 31 scheduled fine is fifty dollars.
4 32 7. FAILURE TO YIELD OR OBEY VIOLATIONS.
4 33 a. For a violation by an operator of a motor vehicle under
4 34 section 321.257, subsection 2, the scheduled fine is thirty-
4 35 five dollars.
5 1 b. For violations under sections 321.298, 321.307,
5 2 321.308, 321.313, 321.319, 321.320, 321.321, 321.327, 321.329,
5 3 and 321.333, the scheduled fine is thirty-five dollars.
5 4 8. TRAFFIC SIGN OR SIGNAL VIOLATIONS. For violations
5 5 under sections 321.236, subsections 2 and 6, 321.256, 321.294,
5 6 321.304, subsection 3, and 321.322, the scheduled fine is
5 7 thirty-five dollars.
5 8 9. BICYCLE OR PEDESTRIAN VIOLATIONS. For violations by a
5 9 pedestrian or a bicyclist under section 321.234, subsections 3
5 10 and 4, 321.236, subsection 10, 321.257, subsection 2, 321.275,
5 11 subsection 8, 321.325, 321.326, 321.328, 321.331, 321.332,
5 12 321.397, or 321.434, the scheduled fine is fifteen dollars.
5 13 10. SCHOOL BUS VIOLATIONS.
5 14 a. For violations by an operator of a school bus under
5 15 sections 321.285 and 321.372, subsections 1 and 2, the
5 16 scheduled fine is thirty-five dollars. However, an excessive
5 17 speed violation by a school bus of more than ten miles per
5 18 hour in excess of the limit is not a scheduled violation.
5 19 b. For a violation under section 321.372, subsection 3,
5 20 the scheduled violation is one hundred dollars.
5 21 11. EMERGENCY VEHICLE VIOLATIONS.
5 22 a. For violations under sections 321.231, 321.367, and
5 23 321.368 the scheduled fine is thirty-five dollars.
5 24 b. For a violation under section 321.324, the scheduled
5 25 fine is fifty dollars.
5 26 12. RESTRICTIONS ON VEHICLES.
5 27 a. For violations under sections 321.309, 321.310,
5 28 321.394, 321.461, and 321.462, the scheduled fine is twenty-
5 29 five dollars.
5 30 b. For height, weight, length, width, load violations, and
5 31 towed vehicle violations under section 321.437, the scheduled
5 32 fine is twenty-five dollars.
5 33 c. For violations under sections 321.454, 321.455,
5 34 321.456, 321.457, and 321.458, the scheduled fine is one
5 35 hundred dollars.
6 1 d. For violations under section 321.466, the scheduled
6 2 fine is twenty dollars for each two thousand pounds or
6 3 fraction thereof of overweight.
6 4 e. Violations of the schedule of axle and tandem axle and
6 5 gross or group of axle weight violations in section 321.463
6 6 shall be scheduled violations subject to the provisions,
6 7 procedures, and exceptions contained in sections 805.6 to
6 8 805.11, irrespective of the amount of the fine under that
6 9 schedule. Violations of the schedule of weight violations
6 10 shall be chargeable, where the fine charged does not exceed
6 11 one thousand dollars, only by uniform citation and complaint.
6 12 Violations of the schedule of weight violations, where the
6 13 fine charged exceeds one thousand dollars shall, when the
6 14 violation is admitted and section 805.9 applies, be chargeable
6 15 upon uniform citation and complaint, indictment, or county
6 16 attorney's information, but otherwise, shall be chargeable
6 17 only upon indictment or county attorney's information.
6 18 In all cases of charges under the schedule of weight
6 19 violations, the charge shall specify the amount of fine
6 20 charged under the schedule. Where a defendant is convicted
6 21 and the fine under the foregoing schedule of weight violations
6 22 exceeds one thousand dollars, the conviction shall be of an
6 23 indictable offense although section 805.9 is employed and
6 24 whether the violation is charged upon uniform citation and
6 25 complaint, indictment, or county attorney's information.
6 26 f. For a violation under section 321E.16, other than the
6 27 provisions relating to weight, the scheduled fine is one
6 28 hundred dollars.
6 29 13. MOTOR CARRIER VIOLATIONS.
6 30 a. For violations under sections 321.54, 326.22, and
6 31 326.23, the scheduled fine is twenty dollars.
6 32 b. For a violation under section 321.449, the scheduled
6 33 fine is twenty-five dollars.
6 34 c. For violations under sections 321.208A, 321.364,
6 35 321.450, 321.460, and 452A.52, the scheduled fine is one
7 1 hundred dollars.
7 2 d. For violations of section 325A.3, subsection 5, or
7 3 section 325A.8, the scheduled fine is fifty dollars.
7 4 e. For violations of chapter 325A, other than a violation
7 5 of section 325A.3, subsection 5, or section 325A.8, the
7 6 scheduled fine is two hundred fifty dollars.
7 7 f. For failure to have proper carrier identification
7 8 markings under section 327B.1, the scheduled fine is fifty
7 9 dollars.
7 10 g. For failure to have proper evidence of interstate
7 11 authority carried or displayed under section 327B.1, and for
7 12 failure to register, carry, or display evidence that
7 13 interstate authority is not required under section 327B.1, the
7 14 scheduled fine is two hundred fifty dollars.
7 15 14. MISCELLANEOUS VIOLATIONS.
7 16 a. FAILURE TO OBEY A PEACE OFFICER. For a violation under
7 17 section 321.229, the scheduled fine is thirty-five dollars.
7 18 b. ABANDONING A MOTOR VEHICLE. For violation under
7 19 section 321.91, the scheduled fine is one hundred dollars.
7 20 c. SEAT BELT OR RESTRAINT VIOLATIONS. For violations
7 21 under sections 321.445 and 321.446, the scheduled fine is
7 22 twenty-five dollars.
7 23 d. LITTER AND DEBRIS VIOLATIONS. For violations under
7 24 sections 321.369 and 321.370, the scheduled fine is thirty-
7 25 five dollars.
7 26 e. OPEN CONTAINER VIOLATIONS. For violations under
7 27 sections 321.284 and 321.284A, the scheduled fine is one
7 28 hundred dollars.
7 29 f. PROOF OF FINANCIAL RESPONSIBILITY. If, in connection
7 30 with a motor vehicle accident, a person is charged and found
7 31 guilty of a violation of section 321.20B, subsection 1, the
7 32 scheduled fine is five hundred dollars, otherwise, the
7 33 scheduled fine for a violation of section 321.20B, subsection
7 34 1, is two hundred fifty dollars. Notwithstanding section
7 35 805.12, fines collected pursuant to this paragraph shall be
8 1 submitted to the state court administrator and distributed
8 2 fifty percent to the victim compensation fund established in
8 3 section 915.94, twenty-five percent to the county in which
8 4 such fine is imposed, and twenty-five percent to the general
8 5 fund of the state.
8 6 g. RADAR-JAMMING DEVICES. For a violation under section
8 7 321.232, the scheduled fine is fifty dollars.
8 8 h. RAILROAD CROSSING VIOLATIONS.
8 9 (1) For violations under sections 321.341, 321.342,
8 10 321.343, and 321.344, the scheduled fine is one hundred
8 11 dollars.
8 12 (2) For a violation under section 321.344B, the scheduled
8 13 fine is two hundred dollars.
8 14 i. ROAD WORK ZONE VIOLATIONS. The scheduled fine for any
8 15 moving traffic violation under chapter 321, as provided in
8 16 this section, shall be doubled if the violation occurs within
8 17 any road work zone, as defined in section 321.1.
8 18 Sec. 3. NEW SECTION. 805.8B NAVIGATION, RECREATION,
8 19 HUNTING, AND FISHING SCHEDULED VIOLATIONS.
8 20 1. NAVIGATION VIOLATIONS.
8 21 a. For violations of registration, inspections,
8 22 identification, and record provisions under sections 462A.5,
8 23 462A.35, and 462A.37, and for unused or improper or defective
8 24 lights and warning devices under section 462A.9, subsections
8 25 3, 4, 5, 9, and 10, the scheduled fine is ten dollars.
8 26 b. For violations of registration, identification, and
8 27 record provisions under sections 462A.4 and 462A.10, and for
8 28 unused or improper or defective equipment under section
8 29 462A.9, subsections 2, 6, 7, 8, and 13, and section 462A.11,
8 30 and for operation violations under sections 462A.26, 462A.31,
8 31 and 462A.33, the scheduled fine is twenty dollars.
8 32 c. For operating violations under sections 462A.12,
8 33 462A.15, subsection 1, sections 462A.24, and 462A.34, the
8 34 scheduled fine is twenty-five dollars. However, a violation
8 35 of section 462A.12, subsection 2, is not a scheduled
9 1 violation.
9 2 d. For violations of use, location, and storage of
9 3 vessels, devices, and structures under sections 462A.27,
9 4 462A.28, and 462A.32, the scheduled fine is fifteen dollars.
9 5 e. For violations of all subdivision ordinances under
9 6 section 462A.17, subsection 2, except those relating to
9 7 matters subject to regulation by authority of section 462A.31,
9 8 subsection 5, the scheduled fine is the same as prescribed for
9 9 similar violations of state law. For violations of
9 10 subdivision ordinances for which there is no comparable state
9 11 law, the scheduled fine is ten dollars.
9 12 2. SNOWMOBILE AND ALL-TERRAIN VEHICLE VIOLATIONS.
9 13 a. For registration violations under section 321G.3, the
9 14 scheduled fine is twenty dollars. When the scheduled fine is
9 15 paid, the violator shall submit sufficient proof that a valid
9 16 registration has been obtained.
9 17 b. For operating violations under section 321G.9,
9 18 subsections 1, 2, 3, 4, 5, and 7, sections 321G.11, and
9 19 321G.13, subsections 4 and 9, the scheduled fine is twenty
9 20 dollars.
9 21 c. For improper or defective equipment under section
9 22 321G.12, the scheduled fine is ten dollars.
9 23 d. For violations of section 321G.19, the scheduled fine
9 24 is fifteen dollars.
9 25 e. For identification violations under section 321G.5, the
9 26 scheduled fine is ten dollars.
9 27 3. HUNTING AND FISHING VIOLATIONS.
9 28 a. For violations of section 484A.2, the scheduled fine is
9 29 ten dollars.
9 30 b. For violations of sections 481A.54, 481A.69, 481A.71,
9 31 481A.72, 482.6, 483A.3, 483A.6, 483A.19, and 483A.27, the
9 32 scheduled fine is twenty dollars.
9 33 c. For violations of sections 481A.6, 481A.21, 481A.22,
9 34 481A.26, 481A.50, 481A.56, 481A.60 through 481A.62, 481A.83,
9 35 481A.84, 481A.92, 481A.123, 481A.145, subsection 3, sections
10 1 482.7, 483A.7, 483A.8, 483A.23, and 483A.24, the scheduled
10 2 fine is twenty-five dollars.
10 3 d. For violations of sections 481A.7, 481A.24, 481A.47,
10 4 481A.52, 481A.53, 481A.55, 481A.58, 481A.76, 481A.90, 481A.91,
10 5 481A.97, 481A.122, 481A.126, 481A.142, 481A.145, subsection 2,
10 6 sections 482.8, and 483A.37, the scheduled fine is fifty
10 7 dollars.
10 8 e. For violations of sections 481A.85, 481A.93, 481A.95,
10 9 481A.120, 481A.137, 481B.5, 482.3, 482.9, 482.15, and 483A.42,
10 10 the scheduled fine is one hundred dollars.
10 11 f. For violations of section 481A.38 relating to the
10 12 taking, pursuing, killing, trapping or ensnaring, buying,
10 13 selling, possessing, or transporting any game, protected
10 14 nongame animals, fur-bearing animals, or fur or skin of the
10 15 animals, mussels, frogs, or fish or part of them, the
10 16 scheduled fines are as follows:
10 17 (1) For deer or turkey, the scheduled fine is one hundred
10 18 dollars.
10 19 (2) For protected nongame, the scheduled fine is one
10 20 hundred dollars.
10 21 (3) For mussels, frogs, spawn, or fish, the scheduled fine
10 22 is twenty-five dollars.
10 23 (4) For other game, the scheduled fine is fifty dollars.
10 24 (5) For fur-bearing animals, the scheduled fine is
10 25 seventy-five dollars.
10 26 g. For violations of section 481A.38 relating to an
10 27 attempt to take, pursue, kill, trap, buy, sell, possess, or
10 28 transport any game, protected nongame animals, fur-bearing
10 29 animals, or fur or skin of the animals, mussels, frogs, or
10 30 fish or part of them, the scheduled fines are as follows:
10 31 (1) For game or fur-bearing animals, the scheduled fine is
10 32 fifty dollars.
10 33 (2) For protected nongame, the scheduled fine is fifty
10 34 dollars.
10 35 (3) For mussels, frogs, spawn, or fish, the scheduled fine
11 1 is ten dollars.
11 2 h. For violations of section 481A.48 relating to
11 3 restrictions on game birds and animals, the scheduled fines
11 4 are as follows:
11 5 (1) Out-of-season, the scheduled fine is one hundred
11 6 dollars.
11 7 (2) Over limit, the scheduled fine is one hundred dollars.
11 8 (3) Attempt to take, the scheduled fine is fifty dollars.
11 9 (4) General waterfowl restrictions, the scheduled fine is
11 10 fifty dollars.
11 11 (a) No federal stamp, the scheduled fine is fifty dollars.
11 12 (b) Unplugged shotgun, the scheduled fine is ten dollars.
11 13 (c) Possession of other than steel shot, the scheduled
11 14 fine is twenty-five dollars.
11 15 (d) Early or late shooting, the scheduled fine is twenty-
11 16 five dollars.
11 17 (5) Possession of a prohibited pistol or revolver while
11 18 hunting deer, the scheduled fine is one hundred dollars.
11 19 i. For violations of section 481A.67 relating to general
11 20 violations of fishing laws, the scheduled fine is twenty-five
11 21 dollars.
11 22 (1) For over limit catch, the scheduled fine is thirty
11 23 dollars.
11 24 (2) For under minimum length or weight, the scheduled fine
11 25 is twenty dollars.
11 26 (3) For out-of-season fishing, the scheduled fine is fifty
11 27 dollars.
11 28 j. For violations of section 481A.73 relating to trotlines
11 29 and throwlines:
11 30 (1) For trotline or throwline violations in legal waters,
11 31 the scheduled fine is twenty-five dollars.
11 32 (2) For trotline or throwline violations in illegal
11 33 waters, the scheduled fine is fifty dollars.
11 34 k. For violations of section 481A.144, subsection 4, or
11 35 section 481A.145, subsections 4, 5, and 6, relating to
12 1 minnows:
12 2 (1) For general minnow violations, the scheduled fine is
12 3 twenty-five dollars.
12 4 (2) For commercial purposes, the scheduled fine is fifty
12 5 dollars.
12 6 l. For violations of section 481A.87 relating to the
12 7 taking or possessing of fur-bearing animals out of season:
12 8 (1) For red fox, gray fox, or mink, the scheduled fine is
12 9 one hundred dollars.
12 10 (2) For all other furbearers, the scheduled fine is fifty
12 11 dollars.
12 12 m. For violations of section 482.4 relating to gear tags:
12 13 (1) For commercial license violations, the scheduled fine
12 14 is one hundred dollars.
12 15 (2) For no gear tags, the scheduled fine is twenty-five
12 16 dollars.
12 17 n. For violations of section 482.11 relating to turtles:
12 18 (1) For commercial turtle violations, the scheduled fine
12 19 is one hundred dollars.
12 20 (2) For sport turtle violations, the scheduled fine is
12 21 fifty dollars.
12 22 o. For violations of section 482.12 relating to mussels:
12 23 (1) For commercial mussel violations, the scheduled fine
12 24 is one hundred dollars.
12 25 (2) For sport mussel violations, the scheduled fine is
12 26 fifty dollars.
12 27 p. For violations of section 483A.1 relating to licenses
12 28 and permits, the scheduled fines are as follows:
12 29 (1) For a license or permit costing ten dollars or less,
12 30 the scheduled fine is twenty dollars.
12 31 (2) For a license or permit costing more than ten dollars
12 32 but not more than twenty dollars, the scheduled fine is thirty
12 33 dollars.
12 34 (3) For a license or permit costing more than twenty
12 35 dollars but not more than forty dollars, the scheduled fine is
13 1 fifty dollars.
13 2 (4) For a license or permit costing more than forty
13 3 dollars but not more than fifty dollars, the scheduled fine is
13 4 seventy dollars.
13 5 (5) For a license or permit costing more than fifty
13 6 dollars, the scheduled fine is one hundred dollars.
13 7 q. For violations of section 483A.26 relating to false
13 8 claims for licenses:
13 9 (1) For making a false claim for a license by a resident,
13 10 the scheduled fine is fifty dollars.
13 11 (2) For making a false claim for a license by a
13 12 nonresident, the scheduled fine is one hundred dollars.
13 13 r. For violations of section 483A.36 relating to the
13 14 conveyance of guns:
13 15 (1) For conveying an assembled, unloaded gun, the
13 16 scheduled fine is twenty-five dollars.
13 17 (2) For conveying a loaded gun, the scheduled fine is
13 18 fifty dollars.
13 19 4. GINSENG VIOLATIONS. For a violation of section
13 20 456A.24, subsection 11, the scheduled fine is one hundred
13 21 dollars.
13 22 5. EURASIAN WATER MILFOIL VIOLATIONS. For violations of
13 23 section 456A.37, subsection 5, the scheduled fine is one
13 24 hundred dollars.
13 25 6. MISUSE OF PARKS AND PRESERVES.
13 26 a. For violations under sections 461A.39, 461A.45, and
13 27 461A.50, the scheduled fine is ten dollars.
13 28 b. For violations under sections 461A.40, 461A.43,
13 29 461A.46, and 461A.49, the scheduled fine is fifteen dollars.
13 30 c. For violations of section 461A.44, the scheduled fine
13 31 is fifty dollars.
13 32 d. For violations of section 461A.48, the scheduled fine
13 33 is twenty-five dollars.
13 34 Sec. 4. NEW SECTION. 805.8C MISCELLANEOUS SCHEDULED
13 35 VIOLATIONS.
14 1 1. ENERGY EMERGENCY VIOLATIONS. For violations of an
14 2 executive order issued by the governor under the provisions of
14 3 section 473.8, the scheduled fine is fifty dollars.
14 4 2. ALCOHOLIC BEVERAGE VIOLATIONS. For violations of
14 5 section 123.49, subsection 2, paragraph "h", the scheduled
14 6 fine for a licensee or permittee is one thousand five hundred
14 7 dollars, and the scheduled fine for a person who is employed
14 8 by a licensee or permittee is five hundred dollars.
14 9 3. SMOKING VIOLATIONS.
14 10 a. For violations of section 142B.6, the scheduled fine is
14 11 twenty-five dollars, and is a civil penalty, and the criminal
14 12 penalty surcharge under section 911.2 shall not be added to
14 13 the penalty, and the court costs pursuant to section 805.9,
14 14 subsection 6, shall not be imposed. If the civil penalty
14 15 assessed for a violation of section 142B.6 is not paid in a
14 16 timely manner, a citation shall be issued for the violation in
14 17 the manner provided in section 804.1. However, a person under
14 18 age eighteen shall not be detained in a secure facility for
14 19 failure to pay the civil penalty. The complainant shall not
14 20 be charged a filing fee.
14 21 b. For violations of section 453A.2, subsection 1, by an
14 22 employee of a retailer, the scheduled fine is as follows:
14 23 (1) If the violation is a first offense, the scheduled
14 24 fine is one hundred dollars.
14 25 (2) If the violation is a second offense, the scheduled
14 26 fine is two hundred fifty dollars.
14 27 (3) If the violation is a third or subsequent offense, the
14 28 scheduled fine is five hundred dollars.
14 29 c. For violations of section 453A.2, subsection 2, the
14 30 scheduled fine is as follows and is a civil penalty, and the
14 31 criminal penalty surcharge under section 911.2 shall not be
14 32 added to the penalty, and the court costs pursuant to section
14 33 805.9, subsection 6, shall not be imposed:
14 34 (1) If the violation is a first offense, the scheduled
14 35 fine is fifty dollars.
15 1 (2) If the violation is a second offense, the scheduled
15 2 fine is one hundred dollars.
15 3 (3) If the violation is a third or subsequent offense, the
15 4 scheduled fine is two hundred fifty dollars.
15 5 Sec. 5. CODE EDITOR DIRECTIONS. The Code editor shall
15 6 make any necessary changes to the Code in order to conform any
15 7 provisions of the Code with this Act.
15 8
15 9
15 10
15 11 MARY E. KRAMER
15 12 President of the Senate
15 13
15 14
15 15
15 16 BRENT SIEGRIST
15 17 Speaker of the House
15 18
15 19 I hereby certify that this bill originated in the Senate and
15 20 is known as Senate File 499, Seventy-ninth General Assembly.
15 21
15 22
15 23
15 24 MICHAEL E. MARSHALL
15 25 Secretary of the Senate
15 26 Approved , 2001
15 27
15 28
15 29
15 30 THOMAS J. VILSACK
15 31 Governor
Text: SF00498 Text: SF00500 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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