Senate File 457 H-8148 Amend Senate File 457, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < DIVISION I 5 SURCHARGES ADDED TO CRIMINAL PENALTIES AND DISTRIBUTION OF 6 SURCHARGE MONEYS 7 Section 1. Section 135.25, Code 2020, is amended to read as 8 follows: 9 135.25 Emergency medical services fund. 10 An emergency medical services fund is created in the state 11 treasury under the control of the department. The fund 12 includes, but is not limited to, amounts appropriated by the 13 general assembly, amounts transferred pursuant to section 14 602.8108, subsection 4, and other moneys available from 15 federal or private sources which are to be used for purposes 16 of this section . Funds remaining in the fund at the end of 17 each fiscal year shall not revert to the general fund of the 18 state but shall remain in the emergency medical services fund, 19 notwithstanding section 8.33 . The fund is established to 20 assist counties by matching, on a dollar-for-dollar basis, 21 moneys spent by a county for the acquisition of equipment for 22 the provision of emergency medical services and by providing 23 grants to counties for education and training in the delivery 24 of emergency medical services, as provided in this section and 25 section 422D.6 . A county seeking matching funds under this 26 section shall apply to the emergency medical services division 27 of the department. The department shall adopt rules concerning 28 the application and awarding process for the matching funds and 29 the criteria for the allocation of moneys in the fund if the 30 moneys are insufficient to meet the emergency medical services 31 needs of the counties. Moneys allocated by the department to a 32 county for emergency medical services purposes may be used for 33 equipment or training and education as determined by the board 34 of supervisors pursuant to section 422D.6 . 35 -1- SF457.3119 (2) 88 jm/jh 1/ 39 #1.
Sec. 2. Section 331.301, subsection 16, Code 2020, is 1 amended by striking the subsection. 2 Sec. 3. Section 331.302, subsection 2, Code 2020, is amended 3 to read as follows: 4 2. For a violation of an ordinance a county shall not 5 provide a penalty in excess of the maximum fine and term of 6 imprisonment for a simple misdemeanor under section 903.1, 7 subsection 1 , paragraph “a” . The criminal penalty crime 8 services surcharge required by section 911.1 shall be added to 9 a county fine and is not a part of the county’s penalty. 10 Sec. 4. Section 364.3, subsection 2, Code 2020, is amended 11 to read as follows: 12 2. For a violation of an ordinance a city shall not 13 provide a penalty in excess of the maximum fine and term of 14 imprisonment for a simple misdemeanor under section 903.1, 15 subsection 1 , paragraph “a” . An amount equal to ten percent of 16 all fines collected by cities shall be deposited in the account 17 established in section 602.8108 . However, one hundred percent 18 of all fines collected by a city pursuant to section 321.236, 19 subsection 1 , shall be retained by the city. The criminal 20 penalty crime services surcharge required by section 911.1 21 shall be added to a city fine and is not a part of the city’s 22 penalty. 23 Sec. 5. Section 602.8102, subsection 135A, Code 2020, is 24 amended to read as follows: 25 135A. Assess the surcharges provided by sections 911.1 , 26 911.2 , 911.2A , 911.2B , 911.2C , 911.3 , and 911.4 and 911.5 . 27 Sec. 6. Section 602.8106, subsections 2 and 3, Code 2020, 28 are amended to read as follows: 29 2. The clerk of the district court shall remit ninety eighty 30 percent of all fines and forfeited bail to the city that was 31 the plaintiff in any action, and shall provide that city with a 32 statement showing the total number of cases, the total of all 33 fines and forfeited bail collected, and the total of all cases 34 dismissed. The remaining ten twenty percent shall be submitted 35 -2- SF457.3119 (2) 88 jm/jh 2/ 39
to the state court administrator. 1 3. a. The clerk of the district court shall remit all fines 2 and forfeited bail for violation of a county ordinance, except 3 an ordinance relating to vehicle speed or weight restrictions, 4 to the county treasurer of the county that was the plaintiff 5 in the action, and shall provide that county with a statement 6 showing the total number of cases, the total of all fines and 7 forfeited bail collected, and the total of all cases dismissed. 8 However, if 9 b. If a county ordinance provides a penalty for a violation 10 which is also penalized under state law, or the court imposes 11 a fine or forfeiture for any simple misdemeanor punishable as 12 a scheduled violation pursuant to a citation issued by the 13 sheriff as defined in section 331.101, the fines and forfeited 14 bail collected for the violation shall be submitted to the 15 state court administrator as follows: 16 (1) Ninety-one percent to the state court administrator as 17 provided in section 602.8108, subsection 4 . 18 (2) Nine percent to the county where the violation occurred 19 or citation was issued. 20 Sec. 7. Section 602.8107, subsection 2, paragraph c, 21 subparagraph (2), Code 2020, is amended to read as follows: 22 (2) Fines or penalties and criminal penalty and law 23 enforcement initiative surcharges the crime services surcharge . 24 Sec. 8. Section 602.8107, subsection 4, paragraph a, Code 25 2020, is amended to read as follows: 26 a. This subsection does not apply to amounts collected for 27 victim restitution, the victim compensation fund, the criminal 28 penalty crime services surcharge, sex offender civil penalty, 29 drug abuse resistance education surcharge, the law enforcement 30 initiative surcharge, county enforcement surcharge, amounts 31 collected as a result of procedures initiated under subsection 32 5 or under section 8A.504 , or fees charged pursuant to section 33 356.7 . 34 Sec. 9. Section 602.8108, subsections 3 and 7, Code 2020, 35 -3- SF457.3119 (2) 88 jm/jh 3/ 39
are amended to read as follows: 1 3. The clerk of the district court shall remit to the 2 state court administrator, not later than the fifteenth day 3 of each month, ninety-five percent of all moneys collected 4 from the criminal penalty surcharge surcharges provided in 5 section sections 911.1 and 911.5 during the preceding calendar 6 month. The clerk shall remit the remainder to the county 7 treasurer of the county that was the plaintiff in the action 8 or to the city that was the plaintiff in the action. Of the 9 amount received from the clerk, the state court administrator 10 shall allocate seventeen and deposit each month forty-six 11 percent in the juvenile detention home fund in section 232.142, 12 thirty-two percent to be deposited in the victim compensation 13 fund established in section 915.94 , and eighty-three percent 14 to be deposited in the general fund twenty percent in the 15 criminalistics laboratory fund established in section 691.9, 16 and two percent in the drug abuse resistance education fund 17 established in section 80E.4 . 18 7. The clerk of the district court shall remit all moneys 19 collected from the assessment of the surcharges surcharge 20 provided in sections section 911.2B and 911.2C to the state 21 court administrator for deposit in the address confidentiality 22 program revolving fund created in section 9.8 . 23 Sec. 10. Section 602.8108, subsection 4, Code 2020, is 24 amended by striking the subsection and inserting in lieu 25 thereof the following: 26 4. The clerk of the district court shall remit to the 27 state court administrator, not later than the fifteenth day of 28 each month, ninety-one percent of all moneys collected from 29 county enforcement as provided section 602.8106, subsection 2, 30 paragraph “b” , subparagraph (1), during the preceding calendar 31 month. Of the amount received from the clerk, the state court 32 administrator shall allocate and deposit one and three-tenths 33 percent in the emergency medical services fund in section 34 135.25, and shall allocate and deposit the remainder in the 35 -4- SF457.3119 (2) 88 jm/jh 4/ 39
general fund of the state. 1 Sec. 11. Section 602.8108, subsections 5 and 8, Code 2020, 2 are amended by striking the subsections. 3 Sec. 12. Section 805.8, subsection 1, Code 2020, is amended 4 to read as follows: 5 1. Application. Except as otherwise indicated, violations 6 of sections of the Code specified in sections 805.8A , 805.8B , 7 and 805.8C are scheduled violations, and the scheduled fine 8 for each of those violations is as provided in those sections, 9 whether the violation is of state law or of a county or city 10 ordinance. The criminal penalty crime services surcharge 11 required by section 911.1 and the county enforcement surcharge 12 required by section 911.4 , if applicable, shall be added to the 13 scheduled fine. 14 Sec. 13. Section 902.9, subsection 2, Code 2020, is amended 15 to read as follows: 16 2. The surcharges required by sections 911.1 , 911.2 , 17 911.2A , and 911.3 911.5 shall be added to a fine imposed on a 18 class “C” or class “D” felon, as provided by those sections, 19 and are not a part of or subject to the maximums set in this 20 section . 21 Sec. 14. Section 903.1, subsection 4, Code 2020, is amended 22 to read as follows: 23 4. The surcharges required by sections 911.1 , 911.2 , 24 911.2A , 911.3 , and 911.4 and 911.5 shall be added to a fine 25 imposed on a misdemeanant as provided in those sections, 26 and are not a part of or subject to the maximums set in this 27 section . 28 Sec. 15. Section 911.1, Code 2020, is amended to read as 29 follows: 30 911.1 Criminal penalty Crime services surcharge. 31 1. A criminal penalty crime services surcharge shall be 32 levied against law violators as provided in this section . 33 When a court imposes a fine or forfeiture for a violation of 34 state law, or a city or county ordinance, except an ordinance 35 -5- SF457.3119 (2) 88 jm/jh 5/ 39
regulating the parking of motor vehicles, the court or the 1 clerk of the district court shall assess an additional penalty 2 in the form of a criminal penalty crime services surcharge 3 equal to thirty-five fifteen percent of the fine or forfeiture 4 imposed. 5 2. In the event of multiple offenses, the surcharge shall 6 be based upon the total amount of fines or forfeitures imposed 7 for all offenses. 8 3. When a fine or forfeiture is suspended in whole or in 9 part, the court shall reduce the surcharge in proportion to the 10 amount suspended. 11 4. The surcharge is subject to the provisions of chapter 12 909 governing the payment and collection of fines, as provided 13 in section 909.8 . 14 5. The surcharge shall be remitted by the clerk of court as 15 provided in section 602.8108, subsection 3 . 16 Sec. 16. Section 911.2A, subsection 1, Code 2020, is amended 17 to read as follows: 18 1. In addition to any other surcharge, the court or clerk 19 of the district court shall assess a human trafficking victim 20 surcharge of one thousand dollars if an adjudication of 21 guilt or a deferred judgment has been entered for a criminal 22 violation of section 725.1, subsection 2 , or section 710A.2 , 23 725.2 , or 725.3 . 24 Sec. 17. Section 911.2B, Code 2020, is amended to read as 25 follows: 26 911.2B Domestic abuse assault, or sexual abuse , stalking, and 27 human trafficking victim related crimes surcharge. 28 1. In addition to any other surcharge, the court or clerk 29 of the district court shall assess a domestic abuse assault, 30 domestic abuse protective order contempt, sexual abuse, 31 stalking, and human trafficking victim surcharge of one hundred 32 ninety dollars if an adjudication of guilt or a deferred 33 judgment has been entered for a violation of section 708.2A , 34 708.11 , or 710A.2 , or chapter 709 , or if a defendant is held 35 -6- SF457.3119 (2) 88 jm/jh 6/ 39
in contempt of court for violating a domestic abuse protective 1 order issued pursuant to chapter 236 . 2 2. In the event of multiple offenses, the surcharge shall be 3 imposed for each applicable offense. 4 3. The surcharge shall be remitted by the clerk of court as 5 provided in section 602.8108, subsection 7 . 6 Sec. 18. NEW SECTION . 911.5 Agricultural theft surcharge. 7 1. In addition to any other surcharge, the court or clerk of 8 the district court shall assess an agricultural theft surcharge 9 equal to five hundred dollars, if an adjudication of guilt or 10 a deferred judgment has been entered for a criminal violation 11 involving any of the following: 12 a. Theft of agricultural property under section 714.2, 13 subsection 1, 2, or 3. 14 b. Criminal mischief under section 716.3, 716.4, or 716.5, 15 by damaging, defacing, altering, or destroying agricultural 16 property. 17 2. As used in this section, agricultural property means any 18 of the following: 19 a. A crop as defined in section 717A.1. 20 b. Livestock as defined in section 717.1. 21 c. (1) A colony or package as defined in section 160.1A, 22 or a hive where bees are kept as described in section 160.5, 23 if the department of agriculture and land stewardship is 24 authorized by that chapter to inspect the colony, package, or 25 hive or to regulate the movement of the colony, package, or 26 hive. 27 (2) A queen bee that is part of a colony or is being moved 28 to be part of a colony as described in subparagraph (1). 29 3. The surcharge shall be remitted by the clerk of the 30 district court as provided in section 602.8108, subsection 3. 31 Sec. 19. REPEAL. Sections 911.2, 911.2C, 911.3, and 911.4, 32 Code 2020, are repealed. 33 DIVISION II 34 COURT FUNDS 35 -7- SF457.3119 (2) 88 jm/jh 7/ 39
Sec. 20. Section 602.1302, subsection 1, Code 2020, is 1 amended to read as follows: 2 1. Except as otherwise provided by sections 602.1303 , 3 602.1304 , and 602.8108 or other applicable law, the expenses of 4 operating and maintaining the judicial branch shall be paid out 5 of the general fund of the state from funds appropriated by the 6 general assembly for the judicial branch. State funding shall 7 be phased in as provided in section 602.11101 . 8 Sec. 21. Section 602.1304, subsection 1, Code 2020, is 9 amended to read as follows: 10 1. Except as provided in article 8 and subsection 2 of this 11 section , all fees and other revenues collected by judicial 12 officers and court employees shall be paid into the general 13 fund of the state. 14 Sec. 22. Section 602.1304, subsection 2, Code 2020, is 15 amended by striking the subsection. 16 Sec. 23. Section 602.8108, subsection 9, Code 2020, is 17 amended by striking the subsection and inserting in lieu 18 thereof the following: 19 9. a. A court technology and modernization fund is 20 established as a separate fund in the state treasury. The 21 state court administrator shall allocate seven million dollars 22 of the moneys received under subsection 2 to be deposited in 23 the fund, which shall be administered by the judicial branch. 24 b. The moneys in the fund shall be used to enhance the 25 ability of the judicial branch to process cases more quickly 26 and efficiently, to electronically transmit information to 27 state government, local governments, law enforcement agencies, 28 and the public, and to improve public access to the court 29 system. The moneys in the collection fund may also be used for 30 any the following: 31 (1) The Iowa court information system. 32 (2) Records management, equipment, services, and projects. 33 (3) Other technological improvements approved by the 34 judicial branch. 35 -8- SF457.3119 (2) 88 jm/jh 8/ 39
(4) Electronic legal research equipment, systems, and 1 projects. 2 (5) The study, development, and implementation of other 3 innovations and projects that would improve the administration 4 of justice. 5 (6) Capital improvements necessitated by the installation 6 of or connection with the Iowa court information system, the 7 Iowa communications network, or other like networks. 8 c. The fund shall be separate from the general fund of 9 the state and the balance in the fund shall not be considered 10 part of the balance of the general fund of the state. 11 Notwithstanding section 8.33, moneys in the fund shall not 12 revert to the general fund. Notwithstanding section 12C.7, 13 subsection 2, interest or earnings on moneys in the court 14 technology and modernization fund shall remain in the court 15 technology and modernization fund and any interest and earnings 16 shall be in addition to the maximum annual deposit amount. 17 Sec. 24. TRANSFER OF REMAINING FUNDS. Any unobligated 18 or unencumbered moneys remaining in the enhanced court 19 collections fund in section 602.1304 at the end of the fiscal 20 year beginning July 1, 2019, and ending June 30, 2020, shall be 21 transferred to the court technology and modernization fund. 22 DIVISION III 23 CIVIL FEES AND COURT COSTS 24 Sec. 25. Section 602.8105, subsections 1 and 2, Code 2020, 25 are amended to read as follows: 26 1. The clerk of the district court shall collect the 27 following fees: 28 a. Except as otherwise provided in this subsection , for 29 filing and docketing a petition, one hundred eighty-five 30 ninety-five dollars. In counties having a population of 31 ninety-eight thousand or over, an additional five dollars shall 32 be charged and collected to be known as the journal publication 33 fee and used for the purposes provided for in section 618.13 . 34 0b. For filing and docketing a petition for dissolution 35 -9- SF457.3119 (2) 88 jm/jh 9/ 39
of marriage, which includes the docketing of any dissolution 1 decree, two hundred sixty-five dollars. It is the intent of 2 the general assembly that twenty percent of the funds generated 3 from these fees be appropriated and used for sexual assault 4 and domestic violence centers and eighty percent of the funds 5 generated from these fees be appropriated to the general fund 6 of the state. 7 b. For filing and docketing a petition pursuant to chapter 8 598 other than a dissolution of marriage petition, one hundred 9 ten dollars. 10 c. For filing and docketing an application for modification 11 of a dissolution decree to which a written stipulation is 12 attached at the time of filing containing the agreement of the 13 parties to the terms of modification, one hundred ten dollars. 14 d. For entering a final decree of dissolution of marriage, 15 fifty dollars. It is the intent of the general assembly that 16 the funds generated from the dissolution fees be appropriated 17 and used for sexual assault and domestic violence centers. 18 e. d. For filing and docketing a petition for adoption 19 pursuant to chapter 600 , one hundred zero dollars. For 20 multiple adoption petitions filed at the same time by the same 21 petitioner under section 600.3 , the filing fee and any court 22 costs for any petition filed in addition to the first petition 23 filed are waived. 24 f. e. For filing and docketing a small claims action, the 25 amounts specified in section 631.6 . 26 g. f. For an appeal from a judgment in small claims or for 27 filing and docketing a writ of error, one hundred eighty-five 28 ninety-five dollars. 29 h. g. For a motion to show cause in a civil case, fifty 30 sixty dollars. 31 i. h. For filing and docketing a transcript of the judgment 32 in a civil case, fifty sixty dollars. 33 j. i. For filing a tribal judgment, one hundred ten 34 dollars. 35 -10- SF457.3119 (2) 88 jm/jh 10/ 39
2. The clerk of the district court shall collect the 1 following fees for miscellaneous services: 2 a. For filing and entering any other statutory lien, fifty 3 sixty dollars. 4 b. For a certificate and seal, twenty thirty dollars. 5 However, there shall be no charge for a certificate and seal to 6 an application to procure a pension, bounty, or back pay for a 7 member of the armed services or other person. 8 c. For certifying a change in title of real estate, fifty 9 sixty dollars. 10 d. For filing a praecipe to issue execution under chapter 11 626 , twenty-five thirty-five dollars. The fee shall be 12 recoverable by the creditor from the debtor against whom the 13 execution is issued. A fee payable by a political subdivision 14 of the state under this paragraph shall be collected by the 15 clerk of the district court as provided in section 602.8109 . 16 However, the fee shall be waived and shall not be collected 17 from a political subdivision of the state if a county attorney 18 or county attorney’s designee is collecting a delinquent 19 judgment pursuant to section 602.8107, subsection 4 . 20 e. For filing a praecipe to issue execution under chapter 21 654 , fifty sixty dollars. 22 f. For filing a confession of judgment under chapter 676 , 23 fifty sixty dollars if the judgment is five thousand dollars or 24 less, and one hundred ten dollars if the judgment exceeds five 25 thousand dollars. 26 g. For filing a lis pendens, fifty sixty dollars. 27 h. For applicable convictions under section 692A.110 prior 28 to July 1, 2009, a civil penalty of two hundred ten dollars, 29 and for applicable convictions under section 692A.110 on or 30 after July 1, 2009, a civil penalty of two hundred fifty sixty 31 dollars. 32 i. Other fees provided by law. 33 Sec. 26. Section 602.8106, subsection 1, paragraph d, Code 34 2020, is amended to read as follows: 35 -11- SF457.3119 (2) 88 jm/jh 11/ 39
d. For court costs in scheduled violation cases where a 1 court appearance is required, sixty fifty-five dollars. 2 Sec. 27. Section 631.6, subsection 1, paragraphs a and c, 3 Code 2020, are amended to read as follows: 4 a. Fees for filing and docketing shall be eighty-five 5 ninety-five dollars. 6 c. Postage charged for the mailing of original notice shall 7 be ten twenty dollars. 8 Sec. 28. STUDY ON PRO HAC VICE ATTORNEY FEE. The judicial 9 branch shall conduct a study to determine whether the amount of 10 the current fee to appear pro hac vice is appropriate. If the 11 judicial branch determines that the fee to appear pro hac vice 12 is not appropriate, the judicial branch shall adjust the fee 13 accordingly. 14 DIVISION IV 15 SCHEDULED VIOLATIONS 16 Sec. 29. Section 321.24, subsection 12, Code 2020, is 17 amended to read as follows: 18 12. A person who violates this section commits a simple 19 misdemeanor punishable as a scheduled violation under section 20 805.8A, subsection 2, paragraph “b” . 21 Sec. 30. Section 321.260, subsection 2, Code 2020, is 22 amended to read as follows: 23 2. It shall be unlawful for any person to have in the 24 person’s possession any official traffic-control device 25 except by legal right or authority. Any person convicted 26 of unauthorized possession of any official traffic-control 27 device shall upon conviction be guilty of a simple misdemeanor 28 punishable as a scheduled violation under section 805.8A, 29 subsection 8, paragraph “c” . In addition to any other 30 penalties, the punishment imposed for a violation of this 31 subsection shall include assessment of a fine of not less than 32 two hundred fifty dollars. 33 Sec. 31. Section 321.262, subsection 2, Code 2020, is 34 amended to read as follows: 35 -12- SF457.3119 (2) 88 jm/jh 12/ 39
2. The driver shall remain at the scene of the accident 1 until the driver has fulfilled the requirements of section 2 321.263 . Any person failing to remain at the scene of the 3 accident or fulfill the requirements of section 321.263 under 4 such circumstances shall be guilty of a simple misdemeanor 5 and punished as provided in section 321.482 punishable as 6 a scheduled violation under section 805.8A, subsection 14, 7 paragraph “m” . 8 Sec. 32. Section 321.264, Code 2020, is amended to read as 9 follows: 10 321.264 Striking unattended vehicle. 11 The driver of any vehicle which collides with any vehicle 12 which is unattended shall immediately stop and shall then and 13 there either locate and notify the operator or owner of such 14 vehicle of the name and address of the driver and owner of the 15 vehicle striking the unattended vehicle or shall leave in a 16 conspicuous place in the vehicle struck a written notice giving 17 the name and address of the driver and of the owner of the 18 vehicle doing the striking and a statement of the circumstances 19 thereof. A person who violates this section commits a simple 20 misdemeanor punishable as a scheduled violation under section 21 805.8A, subsection 14, paragraph “n” . 22 Sec. 33. Section 321.265, Code 2020, is amended to read as 23 follows: 24 321.265 Striking fixtures upon a highway. 25 The driver of a vehicle involved in an accident resulting 26 in damage to property legally upon or adjacent to a highway 27 shall take reasonable steps to locate and notify the owner, 28 a peace officer, or person in charge of the damaged property 29 of the damage and shall inform the person of the driver’s name 30 and address and the registration number of the vehicle causing 31 the damage and shall, upon request and if available, exhibit 32 the driver’s license of the driver of the vehicle and shall 33 report the accident when and as required in section 321.266 . A 34 person who violates this section commits a simple misdemeanor 35 -13- SF457.3119 (2) 88 jm/jh 13/ 39
punishable as a scheduled violation under section 805.8A, 1 subsection 14, paragraph “o” . 2 Sec. 34. Section 321.324A, Code 2020, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 4. A person who violates this section 5 commits a simple misdemeanor punishable as a scheduled 6 violation under section 805.8A, subsection 6, paragraph “0s” . 7 Sec. 35. Section 321.371, subsection 2, Code 2020, is 8 amended to read as follows: 9 2. A person who violates this section commits a simple 10 misdemeanor punishable as a scheduled violation under section 11 805.8A, subsection 14, paragraph “p” . 12 Sec. 36. Section 321.372, subsection 5, paragraph b, 13 subparagraph (1), Code 2020, is amended to read as follows: 14 (1) For a first offense under subsection 3 , the person is 15 guilty of a simple misdemeanor punishable by a fine of at least 16 two hundred fifty three hundred forty-five dollars but not more 17 than six hundred seventy-five nine hundred thirty dollars or 18 by imprisonment for not more than thirty days, or by both. The 19 department may require the person to attend and successfully 20 complete, at the person’s own expense, a driver improvement 21 program approved by the department in lieu of driver’s license 22 suspension for the offense pursuant to section 321.210. 23 Sec. 37. Section 321.383, subsection 4, Code 2020, is 24 amended to read as follows: 25 4. Any Except as provided in subsection 5, any person 26 who violates any provision of this section shall be fined 27 as provided in commits a simple misdemeanor punishable as a 28 scheduled violation under section 805.8A, subsection 3 . 29 Sec. 38. Section 321.383, Code 2020, is amended by adding 30 the following new subsection: 31 NEW SUBSECTION . 5. A person who operates a self-propelled 32 implement of husbandry at a speed which exceeds the limit 33 of thirty-five miles per hour commits a simple misdemeanor 34 punishable as a scheduled violation under section 805.8A, 35 -14- SF457.3119 (2) 88 jm/jh 14/ 39
subsection 5. 1 Sec. 39. Section 321.431, subsection 6, Code 2020, is 2 amended to read as follows: 3 6. A person who violates this section commits a simple 4 misdemeanor punishable as a scheduled violation under section 5 805.8A, subsection 3, paragraph “ad” . 6 Sec. 40. Section 805.8A, Code 2020, is amended to read as 7 follows: 8 805.8A Motor vehicle and transportation scheduled violations. 9 1. Parking violations. 10 a. For parking violations under sections 321.236 , 321.239 , 11 321.358 , 321.360 , and 321.361 , the scheduled fine is five 12 dollars, except if the local authority has established the 13 fine by ordinance. The scheduled fine for a parking violation 14 pursuant to section 321.236 increases by five dollars if 15 authorized by ordinance and if the parking violation is not 16 paid within thirty days of the date upon which the violation 17 occurred. For purposes of calculating the unsecured appearance 18 bond required under section 805.6 , the scheduled fine shall 19 be five dollars, or if the amount of the fine is greater than 20 five dollars, the unsecured appearance bond shall be the amount 21 of the fine established by the local authority. However, 22 violations charged by a city or county upon simple notice of a 23 fine instead of a uniform citation and complaint required by 24 section 321.236, subsection 1 , paragraph “b” , are not scheduled 25 violations, and this section shall not apply to any offense 26 charged in that manner. For a parking violation under section 27 461A.38 , the scheduled fine is ten dollars. For a parking 28 violation under section 321.362 , the scheduled fine is twenty 29 dollars. 30 b. For a parking violation under section 321L.2A, subsection 31 2 , the scheduled fine is twenty dollars. 32 c. For violations under section 321L.2A, subsection 3 , 33 sections 321L.3 , 321L.4, subsection 2 , and section 321L.7 , the 34 scheduled fine is two hundred dollars. 35 -15- SF457.3119 (2) 88 jm/jh 15/ 39
2. Title and registration violations. For title or 1 registration violations under the following sections, the 2 scheduled fine is as follows: 3 a. Section 321.17 . . . . . . . . . . . . . . . . . . . . . $ 50 $ 70 . 4 b. Section 321.24 . . . . . . . . . . . . . . . . . . . . . $135. 5 b. c. Section 321.25 . . . . . . . . . . . . . . . . . . $100 $135 . 6 c. d. Section 321.32 . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 7 d. e. Section 321.34 . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 8 e. f. Section 321.37 . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 9 f. g. Section 321.38 . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 10 g. h. Section 321.41 . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 11 h. i. Section 321.45 . . . . . . . . . . . . . . . . . . $100 $135 . 12 i. j. Section 321.46 . . . . . . . . . . . . . . . . . . $100 $135 . 13 j. k. Section 321.47 . . . . . . . . . . . . . . . . . . $100 $135 . 14 k. l. Section 321.48 . . . . . . . . . . . . . . . . . . $100 $135 . 15 l. m. Section 321.52 . . . . . . . . . . . . . . . . . . $100 $135 . 16 m. n. Section 321.55 . . . . . . . . . . . . . . . . . . $ 50 $ 70 . 17 n. o. Section 321.57 . . . . . . . . . . . . . . . . . . $100 $135 . 18 o. p. Section 321.62 . . . . . . . . . . . . . . . . . . $100 $135 . 19 p. q. Section 321.67 . . . . . . . . . . . . . . . . . . $100 $135 . 20 q. r. Section 321.98 . . . . . . . . . . . . . . . . . . $ 50 $ 70 . 21 r. s. Section 321.99 . . . . . . . . . . . . . . . . . . $200 $260 . 22 s. t. Section 321.104 . . . . . . . . . . . . . . . . . $100 $135 . 23 t. u. Section 321.115 . . . . . . . . . . . . . . . . . $ 30 $ 45 . 24 u. v. Section 321.115A . . . . . . . . . . . . . . . . $ 30 $ 45 . 25 3. Equipment violations. For equipment violations under the 26 following sections, the scheduled fine is as follows: 27 a. Section 321.234A . . . . . . . . . . . . . . . . . . . $ 50 $ 70 . 28 b. Section 321.247 . . . . . . . . . . . . . . . . . . . . $100 $135 . 29 c. Section 321.317 . . . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 30 d. Section 321.381 . . . . . . . . . . . . . . . . . . . . $100 $135 . 31 e. Section 321.381A . . . . . . . . . . . . . . . . . . . $100 $135 . 32 f. Section 321.382 . . . . . . . . . . . . . . . . . . . . $ 25 $ 35 . 33 g. Section 321.383 , subsection 4 . . . . . . . $ 30 $ 45 . 34 h. Section 321.384 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 35 -16- SF457.3119 (2) 88 jm/jh 16/ 39 #2.
i. Section 321.385 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 1 j. Section 321.386 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 2 k. Section 321.387 . . . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 3 l. Section 321.388 . . . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 4 m. Section 321.389 . . . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 5 n. Section 321.390 . . . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 6 o. Section 321.392 . . . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 7 p. Section 321.393 . . . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 8 q. Section 321.398 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 9 r. Section 321.402 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 10 s. Section 321.403 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 11 t. Section 321.404 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 12 u. Section 321.404A . . . . . . . . . . . . . . . . . . . $ 25 $ 35 . 13 v. Section 321.409 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 14 w. Section 321.415 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 15 x. Section 321.419 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 16 y. Section 321.420 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 17 z. Section 321.421 . . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 18 aa. Section 321.422 . . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 19 ab. Section 321.423 . . . . . . . . . . . . . . . . . . . $ 30 $ 45 . 20 ac. Section 321.430 . . . . . . . . . . . . . . . . . . . $100 $135 . 21 ad. Section 321.431 . . . . . . . . . . . . . . . . . . . $135. 22 ad. ae. Section 321.432 . . . . . . . . . . . . . . . $ 20 $ 30 . 23 ae. af. Section 321.433 . . . . . . . . . . . . . . . $ 30 $ 45 . 24 af. ag. Section 321.436 . . . . . . . . . . . . . . . $ 20 $ 30 . 25 ag. ah. Section 321.438 . . . . . . . . . . . . . . . $ 50 $ 70 . 26 ah. ai. Section 321.439 . . . . . . . . . . . . . . . $ 20 $ 30 . 27 ai. aj. Section 321.440 . . . . . . . . . . . . . . . $ 20 $ 30 . 28 aj. ak. Section 321.441 . . . . . . . . . . . . . . . $ 20 $ 30 . 29 ak. al. Section 321.442 . . . . . . . . . . . . . . . $ 20 $ 30 . 30 al. am. Section 321.444 . . . . . . . . . . . . . . . $ 20 $ 30 . 31 4. Driver’s license violations. For driver’s license 32 violations under the following sections, the scheduled fine is 33 as follows: 34 a. Section 321.174 . . . . . . . . . . . . . . . . . . . . $ 200 $ 260 . 35 -17- SF457.3119 (2) 88 jm/jh 17/ 39
b. Section 321.174A . . . . . . . . . . . . . . . . . . . $ 50 $ 70 . 1 c. Section 321.178, subsection 2 , 2 paragraph “a” , subparagraph (2) . . . . . . . . . . . $ 30 $ 45 . 3 d. Section 321.180 . . . . . . . . . . . . . . . . . . . . $ 50 $ 70 . 4 e. Section 321.180B . . . . . . . . . . . . . . . . . . . $ 50 $ 70 . 5 f. Section 321.193 . . . . . . . . . . . . . . . . . . . . $ 50 $ 70 . 6 g. Section 321.194 . . . . . . . . . . . . . . . . . . . . $ 50 $ 70 . 7 h. Section 321.216 . . . . . . . . . . . . . . . . . . . . $ 100 $ 135 . 8 i. Section 321.216B . . . . . . . . . . . . . . . . . . . $ 200 $ 260 . 9 j. Section 321.216C . . . . . . . . . . . . . . . . . . . $ 200 $ 260 . 10 k. Section 321.219 . . . . . . . . . . . . . . . . . . . . $ 200 $ 260 . 11 l. Section 321.220 . . . . . . . . . . . . . . . . . . . . $ 200 $ 260 . 12 5. Speed violations. 13 a. For excessive speed violations in excess of the limit 14 under section 321.236, subsections 5 and 11 , sections section 15 321.285 , section 321.383, subsection 5, and section 461A.36 , 16 the scheduled fine shall be the following: 17 (1) Twenty thirty dollars for speed not more than five miles 18 per hour in excess of the limit. 19 (2) Forty fifty-five dollars for speed greater than five but 20 not more than ten miles per hour in excess of the limit. 21 (3) Eighty One hundred five dollars for speed greater than 22 ten but not more than fifteen miles per hour in excess of the 23 limit. 24 (4) Ninety One hundred twenty dollars for speed greater 25 than fifteen but not more than twenty miles per hour in excess 26 of the limit. 27 (5) One hundred thirty-five dollars plus five dollars for 28 each mile per hour of excessive speed over twenty miles per 29 hour over the limit. 30 b. Excessive speed by a school bus is punishable as provided 31 in subsection 10 . 32 c. Excessive speed in conjunction with a violation of 33 section 321.278 is not a scheduled violation, whatever the 34 amount of excess speed. 35 -18- SF457.3119 (2) 88 jm/jh 18/ 39
d. For a violation under section 321.295 , the scheduled fine 1 is fifty seventy dollars. 2 6. Operating violations. For operating violations under the 3 following sections, the scheduled fine is as follows: 4 a. Section 321.236, subsections 3, 4, 9, 5 and 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20 $ 30 . 6 b. Section 321.275, subsections 1 7 through 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35 $ 50 . 8 c. Section 321.277A . . . . . . . . . . . . . . . . . . . $ 35 $ 50 . 9 d. Section 321.288 . . . . . . . . . . . . . . . . . . . . $100 $135 . 10 e. Section 321.297 . . . . . . . . . . . . . . . . . . . . $100 $135 . 11 f. Section 321.299 . . . . . . . . . . . . . . . . . . . . $100 $135 . 12 g. Section 321.302 . . . . . . . . . . . . . . . . . . . . $100 $135 . 13 h. Section 321.303 . . . . . . . . . . . . . . . . . . . . $100 $135 . 14 i. Section 321.304, subsections 1 15 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100 $135 . 16 j. Section 321.305 . . . . . . . . . . . . . . . . . . . . $100 $135 . 17 k. Section 321.306 . . . . . . . . . . . . . . . . . . . . $100 $135 . 18 l. Section 321.311 . . . . . . . . . . . . . . . . . . . . $100 $135 . 19 m. Section 321.312 . . . . . . . . . . . . . . . . . . . . $100 $135 . 20 n. Section 321.314 . . . . . . . . . . . . . . . . . . . . $100 $135 . 21 o. Section 321.315 . . . . . . . . . . . . . . . . . . . . $ 35 $ 50 . 22 p. Section 321.316 . . . . . . . . . . . . . . . . . . . . $ 35 $ 50 . 23 q. Section 321.318 . . . . . . . . . . . . . . . . . . . . $ 35 $ 50 . 24 r. Section 321.323 . . . . . . . . . . . . . . . . . . . . $100 $135 . 25 0s. Section 321.324A . . . . . . . . . . . . . . . . . . $135. 26 s. Section 321.340 . . . . . . . . . . . . . . . . . . . . $100 $135 . 27 t. Section 321.353 . . . . . . . . . . . . . . . . . . . . $100 $135 . 28 u. Section 321.354 . . . . . . . . . . . . . . . . . . . . $100 $135 . 29 v. Section 321.363 . . . . . . . . . . . . . . . . . . . . $ 35 $ 50 . 30 w. Section 321.365 . . . . . . . . . . . . . . . . . . . . $ 35 $ 50 . 31 x. Section 321.366 . . . . . . . . . . . . . . . . . . . . $100 $135 . 32 y. Section 321.395 . . . . . . . . . . . . . . . . . . . . $100 $135 . 33 7. Failure to yield or obey violations. For failure to yield 34 or obey violations under the following sections, the scheduled 35 -19- SF457.3119 (2) 88 jm/jh 19/ 39
fine is as follows: 1 a. Section 321.257, subsection 2 , for a violation by an 2 operator of a motor vehicle . . . . . . . . . . . . . . . $100 $135 . 3 b. Section 321.298 . . . . . . . . . . . . . . . . . . . . $100 $135 . 4 c. Section 321.307 . . . . . . . . . . . . . . . . . . . . $100 $135 . 5 d. Section 321.313 . . . . . . . . . . . . . . . . . . . . $100 $135 . 6 e. Section 321.319 . . . . . . . . . . . . . . . . . . . . $100 $135 . 7 f. Section 321.320 . . . . . . . . . . . . . . . . . . . . $100 $135 . 8 g. Section 321.321 . . . . . . . . . . . . . . . . . . . . $100 $135 . 9 h. Section 321.327 . . . . . . . . . . . . . . . . . . . . $100 $135 . 10 i. Section 321.329 . . . . . . . . . . . . . . . . . . . . $100 $135 . 11 j. Section 321.333 . . . . . . . . . . . . . . . . . . . . $100 $135 . 12 8. Traffic sign or signal violations. For traffic sign or 13 signal violations under the following sections, the scheduled 14 fine is as follows: 15 a. Section 321.236, subsections 2 and 6 . $ 35 $ 50 . 16 b. Section 321.256 . . . . . . . . . . . . . . . . . . . . $100 $135 . 17 c. Section 321.260, subsection 2 . . . . . . . $455. 18 c. d. Section 321.294 . . . . . . . . . . . . . . . . . $100 $135 . 19 d. e. Section 321.304, subsection 3 . . . $100 $135 . 20 e. f. Section 321.322 . . . . . . . . . . . . . . . . . $100 $135 . 21 9. Bicycle or pedestrian violations. For bicycle or 22 pedestrian violations under the following sections, the 23 scheduled fine for a pedestrian or bicyclist is as follows: 24 a. Section 321.234, subsections 3 and 4 . $ 25 $ 35 . 25 b. Section 321.236, subsection 10 . . . . . . $ 15 $ 25 . 26 c. Section 321.257, subsection 2 . . . . . . . $ 25 $ 35 . 27 d. Section 321.275, subsection 8 . . . . . . . $ 25 $ 35 . 28 e. Section 321.325 . . . . . . . . . . . . . . . . . . . . $ 25 $ 35 . 29 f. Section 321.326 . . . . . . . . . . . . . . . . . . . . $ 25 $ 35 . 30 g. Section 321.328 . . . . . . . . . . . . . . . . . . . . $ 25 $ 35 . 31 h. Section 321.331 . . . . . . . . . . . . . . . . . . . . $ 25 $ 35 . 32 i. Section 321.332 . . . . . . . . . . . . . . . . . . . . $ 25 $ 35 . 33 j. Section 321.397 . . . . . . . . . . . . . . . . . . . . $ 25 $ 35 . 34 k. Section 321.434 . . . . . . . . . . . . . . . . . . . . $ 25 $ 35 . 35 -20- SF457.3119 (2) 88 jm/jh 20/ 39
9A. Electric personal assistive mobility device 1 violations. For violations under section 321.235A , the 2 scheduled fine is fifteen twenty-five dollars. 3 10. School bus violations. For violations by an operator of 4 a school bus under sections 321.285 and 321.372, subsections 1 5 and 2 , the scheduled fine is one hundred thirty-five dollars. 6 However, an excessive speed violation by a school bus of 7 more than ten miles per hour in excess of the limit is not a 8 scheduled violation. 9 11. a. Emergency vehicle and equipment-related 10 violations. For violations relating to authorized emergency 11 vehicles, fire apparatus and equipment, and police bicycles 12 under the following sections, the scheduled fine is as follows: 13 (1) Section 321.231 . . . . . . . . . . . . . . . . . . . $100 $135 . 14 (2) Section 321.323A, subsection 1 . . . . $100 $135 . 15 (3) Section 321.324 . . . . . . . . . . . . . . . . . . . $100 $135 . 16 (4) Section 321.367 . . . . . . . . . . . . . . . . . . . $100 $135 . 17 (5) Section 321.368 . . . . . . . . . . . . . . . . . . . $100 $135 . 18 b. Violations relating to stationary nonemergency vehicles. 19 For violations relating to the approach of certain stationary 20 nonemergency vehicles under section 321.323A, subsections 2 and 21 3 , the scheduled fine is one hundred thirty-five dollars. 22 12. Restrictions on vehicles. 23 a. For violations under sections 321.309 , 321.310 , 321.394 , 24 321.461 , and 321.462 , the scheduled fine is thirty-five fifty 25 dollars. 26 b. For violations under section 321.437 , the scheduled fine 27 is thirty-five fifty dollars. 28 c. For height, length, width, and load violations under 29 sections 321.454 , 321.455 , 321.456 , 321.457 , and 321.458 , the 30 scheduled fine is two hundred sixty dollars. 31 d. For violations under section 321.466 , the scheduled fine 32 is twenty twenty-five dollars for each two thousand pounds or 33 fraction thereof of overweight. 34 e. (1) Violations of the schedule of axle and tandem axle 35 -21- SF457.3119 (2) 88 jm/jh 21/ 39
and gross or group of axle weight violations in section 321.463 1 shall be scheduled violations subject to the provisions, 2 procedures, and exceptions contained in sections 805.6 through 3 805.11 , irrespective of the amount of the fine under that 4 schedule. 5 (a) Violations of the schedule of weight violations shall be 6 chargeable, where the fine charged does not exceed one thousand 7 dollars, only by uniform citation and complaint. 8 (b) Violations of the schedule of weight violations, where 9 the fine charged exceeds one thousand dollars shall, when the 10 violation is admitted and section 805.9 applies, be chargeable 11 upon uniform citation and complaint, indictment, or county 12 attorney’s information, but otherwise shall be chargeable only 13 upon indictment or county attorney’s information. 14 (2) In all cases of charges under the schedule of weight 15 violations, the charge shall specify the amount of fine charged 16 under the schedule. Where a defendant is convicted and the 17 fine under the foregoing schedule of weight violations exceeds 18 one thousand dollars, the conviction shall be of an indictable 19 offense although section 805.9 is employed and whether the 20 violation is charged upon uniform citation and complaint, 21 indictment, or county attorney’s information. 22 f. For a violation under section 321E.16 , other than the 23 provisions relating to weight, the scheduled fine is two 24 hundred sixty dollars. 25 13. Motor carrier and other operator violations. 26 a. (1) For a violation under section 321.54 , the scheduled 27 fine is thirty forty-five dollars. 28 (2) For violations under sections 326.22 and 326.23 , the 29 scheduled fine is fifty seventy dollars. 30 b. For a violation under section 321.449 , 321.449A , or 31 321.449B , the scheduled fine is fifty seventy dollars. 32 c. For violations under sections 321.364 , 321.450 , 321.460 , 33 and 452A.52 , the scheduled fine is two hundred sixty dollars. 34 d. For violations of section 325A.3, subsection 6 , or 35 -22- SF457.3119 (2) 88 jm/jh 22/ 39
section 325A.8 , the scheduled fine is one hundred thirty-five 1 dollars. 2 e. For violations of chapter 325A , other than a violation of 3 section 325A.3, subsection 6 , or section 325A.8 , the scheduled 4 fine is two three hundred fifty twenty-five dollars. 5 f. For violations of section 327B.1, subsection 1 or 3 , the 6 scheduled fine is two three hundred fifty twenty-five dollars. 7 14. Miscellaneous violations. 8 a. Failure to obey a peace officer. For a violation under 9 section 321.229 , the scheduled fine is one hundred thirty-five 10 dollars. 11 b. Abandoning a motor vehicle. For a violation under 12 section 321.91 , the scheduled fine is two hundred sixty 13 dollars. 14 c. Seat belt or restraint violations. 15 (1) For a violation under section 321.445 , the scheduled 16 fine is fifty seventy dollars. 17 (2) For a violation under section 321.446 , the scheduled 18 fine is one hundred thirty-five dollars. 19 d. Litter and debris violations. For violations under 20 sections 321.369 and 321.370 , the scheduled fine is seventy 21 ninety dollars. 22 e. Open container violations. For violations under sections 23 321.284 and 321.284A , the scheduled fine is two hundred sixty 24 dollars. 25 f. Proof of financial responsibility. If, in connection 26 with a motor vehicle accident, a person is charged and found 27 guilty of a violation of section 321.20B, subsection 1 , 28 the scheduled fine is five six hundred forty-five dollars; 29 otherwise, the scheduled fine for a violation of section 30 321.20B, subsection 1 , is two three hundred fifty twenty-five 31 dollars. Notwithstanding section 805.12 , fines collected 32 pursuant to this paragraph shall be submitted to the state 33 court administrator and distributed fifty percent to the victim 34 compensation fund established in section 915.94 , twenty-five 35 -23- SF457.3119 (2) 88 jm/jh 23/ 39
percent to the county in which such fine is imposed, and 1 twenty-five percent to the general fund of the state. 2 g. Speed detection jamming devices. For a violation under 3 section 321.232 , the scheduled fine is one hundred thirty-five 4 dollars. 5 h. Railroad crossing violations. For violations under 6 sections 321.341 , 321.342 , 321.343 , and 321.344 , and 321.344B , 7 the scheduled fine is two hundred sixty dollars. 8 i. Road work zone violations. The scheduled fine for any 9 moving traffic violation under chapter 321 , as provided in 10 this section , shall be doubled if the violation occurs within 11 any road work zone, as defined in section 321.1 . However, 12 notwithstanding subsection 5 , the scheduled fine for violating 13 the speed limit in a road work zone is as follows: 14 (1) One hundred fifty ninety-five dollars for speed not more 15 than ten miles per hour over the posted speed limit. 16 (2) Three hundred ninety dollars for speed greater than ten 17 but not more than twenty miles per hour over the posted speed 18 limit. 19 (3) Five Six hundred forty-five dollars for speed greater 20 than twenty but not more than twenty-five miles per hour over 21 the posted speed limit. 22 (4) One thousand two hundred eighty-five dollars for speed 23 greater than twenty-five miles per hour over the posted speed 24 limit. 25 j. Vehicle component parts records violations. For 26 violations under section 321.95 , the scheduled fine is fifty 27 seventy dollars. 28 k. Actions against a person on a bicycle. For violations 29 under section 321.281 , the scheduled fine is two three hundred 30 fifty twenty-five dollars. 31 l. Writing, sending, or viewing an electronic message while 32 driving violations. For violations under section 321.276 , the 33 scheduled fine is thirty forty-five dollars. 34 m. Leaving scene of traffic accident. For violations under 35 -24- SF457.3119 (2) 88 jm/jh 24/ 39
section 321.262, the scheduled fine is one hundred thirty-five 1 dollars. 2 n. Striking unattended vehicle. For violations under 3 section 321.264, the scheduled fine is one hundred thirty-five 4 dollars. 5 o. Striking fixtures upon highway. For violations under 6 section 321.265, the scheduled fine is one hundred thirty-five 7 dollars. 8 p. Clearing up wrecks. For violations under section 9 321.371, the scheduled fine is thirty-five dollars. 10 Sec. 41. Section 805.8B, Code 2020, is amended to read as 11 follows: 12 805.8B Navigation, recreation, hunting, and fishing scheduled 13 violations. 14 1. Navigation violations. 15 a. For violations of registration, inspections, 16 identification, and record provisions under sections 462A.5 , 17 462A.35 , and 462A.37 , and for unused or improper or defective 18 lights and warning devices under section 462A.9, subsections 3, 19 4, 5, 9, and 10 , the scheduled fine is ten twenty dollars. 20 b. For violations of registration, identification, and 21 record provisions under sections 462A.4 and 462A.10 , and for 22 unused or improper or defective equipment under section 462A.9, 23 subsections 2, 6, 7, 8, 13, and 14 , and section 462A.11 , and 24 for operation violations under sections 462A.26 , 462A.31 , and 25 462A.33 , the scheduled fine is twenty thirty dollars. 26 c. For operating violations under sections 462A.12 , 462A.15, 27 subsection 1 , sections 462A.24 , and 462A.34 , the scheduled fine 28 is twenty-five thirty-five dollars. However, a violation of 29 section 462A.12, subsection 2 , is not a scheduled violation. 30 d. For violations of use, location, and storage of vessels, 31 devices, and structures under sections 462A.27 , 462A.28 , and 32 462A.32 , the scheduled fine is fifteen twenty-five dollars. 33 e. For violations of all subdivision ordinances under 34 section 462A.17, subsection 2 , except those relating to 35 -25- SF457.3119 (2) 88 jm/jh 25/ 39
matters subject to regulation by authority of section 462A.31, 1 subsection 5 , the scheduled fine is the same as prescribed for 2 similar violations of state law. For violations of subdivision 3 ordinances for which there is no comparable state law, the 4 scheduled fine is ten twenty dollars. 5 2. Snowmobile violations. 6 a. For registration or user permit violations under section 7 321G.3, subsection 1 , or section 321G.4B , the scheduled fine is 8 fifty sixty-five dollars. 9 b. (1) For operating violations under section 321G.9 , the 10 scheduled fine is fifty seventy dollars. 11 (2) For operating violations under sections 321G.11 and 12 321G.13, subsection 1 , paragraph “d” , the scheduled fine is 13 twenty thirty dollars. 14 (3) For operating violations under section 321G.13, 15 subsection 1 , paragraphs “a” , “b” , “e” , “f” , “g” , “h” , and “i” , 16 and section 321G.13, subsections 2 and 3 , the scheduled fine is 17 one hundred thirty-five dollars. 18 c. For improper or defective equipment under section 19 321G.12 , the scheduled fine is twenty thirty dollars. 20 d. For violations of section 321G.19 , the scheduled fine is 21 twenty thirty dollars. 22 e. For decal violations under section 321G.5 , the scheduled 23 fine is twenty thirty dollars. 24 f. For stop signal violations under section 321G.17 , the 25 scheduled fine is one hundred thirty-five dollars. 26 g. For violations of section 321G.20 and for education 27 certificate violations under section 321G.24, subsection 1 , the 28 scheduled fine is fifty seventy dollars. 29 h. For violations of section 321G.21 , the scheduled fine is 30 one hundred thirty-five dollars. 31 2A. All-terrain vehicle violations. 32 a. For registration or user permit violations under section 33 321I.3, subsection 1 , the scheduled fine is fifty seventy 34 dollars. 35 -26- SF457.3119 (2) 88 jm/jh 26/ 39
b. (1) For operating violations under sections 321I.12 and 1 321I.14, subsection 1 , paragraph “d” , the scheduled fine is 2 twenty thirty dollars. 3 (2) For operating violations under section 321I.10, 4 subsections 1 and 4 , the scheduled fine is fifty seventy 5 dollars. 6 (3) For operating violations under section 321I.14, 7 subsection 1 , paragraphs “a” , “e” , “f” , “g” , and “h” , and 8 section 321I.14, subsections 2, 3, 4, and 5 , the scheduled fine 9 is one hundred thirty-five dollars. 10 c. For improper or defective equipment under section 11 321I.13 , the scheduled fine is twenty thirty dollars. 12 d. For violations of section 321I.20 , the scheduled fine is 13 twenty thirty dollars. 14 e. For decal violations under section 321I.6 , the scheduled 15 fine is twenty thirty dollars. 16 f. For stop signal violations under section 321I.18 , the 17 scheduled fine is one hundred thirty-five dollars. 18 g. For violations of section 321I.21 and for education 19 certificate violations under section 321I.26, subsection 1 , the 20 scheduled fine is fifty seventy dollars. 21 h. For violations of section 321I.22 , the scheduled fine is 22 one hundred thirty-five dollars. 23 3. Hunting and fishing violations. 24 a. For violations of section 484A.2 , the scheduled fine is 25 ten twenty dollars. 26 b. For violations of sections 481A.54 , 481A.69 , 481A.71 , 27 481A.72 , 482.6 , 483A.3 , 483A.6 , 483A.8A , 483A.19 , 483A.27 , and 28 483A.27A , the scheduled fine is twenty thirty dollars. 29 c. For violations of sections 481A.6 , 481A.21 , 481A.22 , 30 481A.26 , 481A.50 , 481A.56 , 481A.60 through 481A.62 , 481A.83 , 31 481A.84 , 481A.92 , 481A.123 , 481A.145, subsection 3 , sections 32 483A.6A , 483A.7 , 483A.8 , 483A.23 , 483A.24 , and 483A.28 , the 33 scheduled fine is twenty-five thirty-five dollars. 34 d. For violations of sections 481A.7 , 481A.24 , 481A.47 , 35 -27- SF457.3119 (2) 88 jm/jh 27/ 39
481A.52 , 481A.53 , 481A.55 , 481A.58 , 481A.76 , 481A.90 , 481A.91 , 1 481A.97 , 481A.122 , 481A.126 , 481A.142 , 481A.145, subsection 2 2 , sections 482.5 , 482.7 , 482.8 , 482.10 , and 483A.37 , the 3 scheduled fine is fifty seventy dollars. 4 e. For violations of sections 481A.57 , 481A.85 , 481A.93 , 5 481A.95 , 481A.120 , 481A.137 , 481B.5 , 482.3 , 482.9 , 482.15 , and 6 483A.42 , the scheduled fine is one hundred thirty-five dollars. 7 f. For violations of section 481A.38 relating to the taking, 8 pursuing, killing, trapping or ensnaring, buying, selling, 9 possessing, or transporting any game, protected nongame 10 animals, fur-bearing animals, or fur or skin of the animals, 11 mussels, frogs, or fish or part of them, the scheduled fines 12 are as follows: 13 (1) For deer or turkey, the scheduled fine is one hundred 14 thirty-five dollars. 15 (2) For protected nongame, the scheduled fine is one hundred 16 thirty-five dollars. 17 (3) For mussels, frogs, spawn, or fish, the scheduled fine 18 is twenty-five thirty-five dollars. 19 (4) For other game, the scheduled fine is fifty seventy 20 dollars. 21 (5) For fur-bearing animals, the scheduled fine is 22 seventy-five one hundred dollars. 23 g. For violations of section 481A.38 relating to an attempt 24 to take, pursue, kill, trap, buy, sell, possess, or transport 25 any game, protected nongame animals, fur-bearing animals, or 26 fur or skin of the animals, mussels, frogs, or fish or part of 27 them, the scheduled fines are as follows: 28 (1) For game or fur-bearing animals, the scheduled fine is 29 fifty seventy dollars. 30 (2) For protected nongame, the scheduled fine is fifty 31 seventy dollars. 32 (3) For mussels, frogs, spawn, or fish, the scheduled fine 33 is ten twenty dollars. 34 h. For violations of section 481A.48 relating to 35 -28- SF457.3119 (2) 88 jm/jh 28/ 39
restrictions on game birds and animals, the scheduled fines are 1 as follows: 2 (1) For out-of-season, the scheduled fine is one hundred 3 thirty-five dollars. 4 (2) For over limit, the scheduled fine is one hundred 5 thirty-five dollars. 6 (3) For attempt to take, the scheduled fine is fifty seventy 7 dollars. 8 (4) For general waterfowl restrictions, the scheduled fine 9 is fifty seventy dollars. 10 (a) For no federal stamp, the scheduled fine is fifty 11 seventy dollars. 12 (b) For unplugged shotgun, the scheduled fine is ten twenty 13 dollars. 14 (c) For possession of other than steel shot, the scheduled 15 fine is twenty-five thirty-five dollars. 16 (d) For early or late shooting, the scheduled fine is 17 twenty-five thirty-five dollars. 18 (5) For possession of a prohibited pistol or revolver while 19 hunting deer, the scheduled fine is one hundred thirty-five 20 dollars. 21 (6) For possession of a prohibited rifle while hunting 22 deer, the scheduled fine is two three hundred fifty twenty-five 23 dollars. 24 i. For violations of section 481A.67 relating to general 25 violations of fishing laws, the scheduled fine is twenty-five 26 thirty-five dollars. 27 (1) For over limit catch, the scheduled fine is thirty 28 forty-five dollars. 29 (2) For under minimum length or weight, the scheduled fine 30 is twenty thirty dollars. 31 (3) For out-of-season fishing, the scheduled fine is fifty 32 seventy dollars. 33 j. For violations of section 481A.73 relating to trotlines 34 and throwlines: 35 -29- SF457.3119 (2) 88 jm/jh 29/ 39
(1) For trotline or throwline violations in legal waters, 1 the scheduled fine is twenty-five thirty-five dollars. 2 (2) For trotline or throwline violations in illegal waters, 3 the scheduled fine is fifty seventy dollars. 4 k. For violations of section 481A.144, subsection 4 , or 5 section 481A.145, subsections 4, 5, and 6 , relating to minnows: 6 (1) For general minnow violations, the scheduled fine is 7 twenty-five thirty-five dollars. 8 (2) For commercial purposes, the scheduled fine is fifty 9 seventy dollars. 10 l. For violations of section 481A.87 relating to the taking 11 or possessing of fur-bearing animals out of season: 12 (1) For red fox, gray fox, or mink, the scheduled fine is 13 one hundred thirty-five dollars. 14 (2) For all other furbearers, the scheduled fine is fifty 15 seventy dollars. 16 m. For violations of section 482.4 relating to gear tags: 17 (1) For commercial license violations, the scheduled fine 18 is one hundred thirty-five dollars. 19 (2) For no gear tags, the scheduled fine is twenty-five 20 thirty-five dollars. 21 n. For violations of section 482.11 , the scheduled fine is 22 one hundred thirty-five dollars. 23 o. For violations of rules adopted pursuant to section 24 483A.1 relating to licenses and permits, the scheduled fines 25 are as follows: 26 (1) For a license or permit costing ten dollars or less, the 27 scheduled fine is twenty thirty dollars. 28 (2) For a license or permit costing more than ten dollars 29 but not more than twenty dollars, the scheduled fine is thirty 30 forty-five dollars. 31 (3) For a license or permit costing more than twenty dollars 32 but not more than forty dollars, the scheduled fine is fifty 33 seventy dollars. 34 (4) For a license or permit costing more than forty dollars 35 -30- SF457.3119 (2) 88 jm/jh 30/ 39
but not more than fifty dollars, the scheduled fine is seventy 1 ninety-five dollars. 2 (5) For a license or permit costing more than fifty dollars 3 but less than one hundred dollars, the scheduled fine is one 4 hundred thirty-five dollars. 5 (6) For a license or permit costing one hundred dollars or 6 more, the scheduled fine is two times the cost of the original 7 license or permit. 8 p. For violations of section 483A.26 relating to false 9 claims for licenses: 10 (1) For making a false claim for a license by a resident, 11 the scheduled fine is fifty seventy dollars. 12 (2) For making a false claim for a license by a nonresident, 13 the scheduled fine is one hundred thirty-five dollars. 14 q. For violations of section 483A.36 relating to the 15 conveyance of guns: 16 (1) For conveying an assembled, unloaded gun, the scheduled 17 fine is twenty-five thirty-five dollars. 18 (2) For conveying a loaded gun, the scheduled fine is fifty 19 seventy dollars. 20 4. Ginseng violations. For a violation of section 456A.24, 21 subsection 11 , the scheduled fine is one hundred thirty-five 22 dollars. 23 5. Aquatic invasive species violations. For violations 24 of section 456A.37, subsection 3 , the scheduled fine is as 25 follows: 26 a. For violations of section 456A.37, subsection 3 , 27 paragraph “a” , the scheduled fine is five six hundred forty-five 28 dollars. 29 b. For violations of section 456A.37, subsection 3 , 30 paragraph “b” , the scheduled fine is seventy-five one hundred 31 dollars. 32 c. For repeat violations of section 456A.37, subsection 3 , 33 paragraph “a” or “b” , within the same twelve-month period, the 34 scheduled fine shall include an additional fine of five six 35 -31- SF457.3119 (2) 88 jm/jh 31/ 39
hundred forty-five dollars for each violation. 1 6. Misuse of parks and preserves. 2 a. For violations under sections 461A.39 , 461A.45 , and 3 461A.50 , the scheduled fine is ten twenty dollars. 4 b. For violations under sections 461A.40 , 461A.46 , and 5 461A.49 , the scheduled fine is fifteen twenty-five dollars. 6 c. For violations of sections 461A.35 , 461A.42 , and 461A.44 , 7 the scheduled fine is fifty seventy dollars. 8 d. For violations of section 461A.48 , the scheduled fine is 9 twenty-five thirty-five dollars. 10 e. For violations under section 461A.43 , the scheduled fine 11 is thirty forty-five dollars. 12 Sec. 42. Section 805.8C, Code 2020, is amended to read as 13 follows: 14 805.8C Miscellaneous scheduled violations. 15 1. Energy emergency violations. For violations of an 16 executive order issued by the governor under the provisions of 17 section 473.8 , the scheduled fine is fifty seventy dollars. 18 2. Alcoholic beverage violations. For violations of section 19 123.49, subsection 2 , paragraph “h” , the scheduled fine for 20 a licensee or permittee is one thousand five nine hundred 21 twenty-five dollars, and the scheduled fine for a person who 22 is employed by a licensee or permittee is five six hundred 23 forty-five dollars. 24 3. Violations related to smoking, tobacco, tobacco products, 25 alternative nicotine products, vapor products, and cigarettes. 26 a. For violations described in section 142D.9, subsection 1 , 27 the scheduled fine is fifty dollars, and is a civil penalty, 28 and the criminal penalty crime services surcharge under section 29 911.1 shall not be added to the penalty, and the court costs 30 pursuant to section 805.9, subsection 6 , shall not be imposed. 31 If the civil penalty assessed for a violation described in 32 section 142D.9, subsection 1 , is not paid in a timely manner, 33 a citation shall be issued for the violation in the manner 34 provided in section 804.1 . However, a person under age 35 -32- SF457.3119 (2) 88 jm/jh 32/ 39
eighteen shall not be detained in a secure facility for failure 1 to pay the civil penalty. The complainant shall not be charged 2 a filing fee. 3 b. For violations of section 453A.2, subsection 1 , by an 4 employee of a retailer, the scheduled fine is as follows: 5 (1) If the violation is a first offense, the scheduled fine 6 is one hundred thirty-five dollars. 7 (2) If the violation is a second offense, the scheduled fine 8 is two three hundred fifty twenty-five dollars. 9 (3) If the violation is a third or subsequent offense, the 10 scheduled fine is five six hundred forty-five dollars. 11 c. For violations of section 453A.2, subsection 2 , the 12 scheduled fine is as follows and is a civil penalty, and the 13 criminal penalty crime services surcharge under section 911.1 14 shall not be added to the penalty, and the court costs pursuant 15 to section 805.9, subsection 6 , shall not be imposed: 16 (1) If the violation is a first offense, the scheduled fine 17 is fifty seventy dollars. 18 (2) If the violation is a second offense, the scheduled fine 19 is one hundred thirty-five dollars. 20 (3) If the violation is a third or subsequent offense, the 21 scheduled fine is two three hundred fifty twenty-five dollars. 22 4. Electrical or mechanical amusement device violations. 23 a. For violations of legal age for operating an electrical 24 or mechanical amusement device required to be registered 25 as provided in section 99B.53 , pursuant to section 99B.57, 26 subsection 1 , the scheduled fine is two three hundred fifty 27 twenty-five dollars. Failure to pay the fine by a person 28 under the age of eighteen shall not result in the person being 29 detained in a secure facility. 30 b. For first offense violations concerning electrical or 31 mechanical amusement devices as provided in section 99B.54, 32 subsection 2 , the scheduled fine is two three hundred fifty 33 twenty-five dollars. 34 5. Gambling violations. 35 -33- SF457.3119 (2) 88 jm/jh 33/ 39
a. For violations of legal age for gambling wagering under 1 section 99D.11, subsection 7 , section 99F.9, subsection 5 , 2 and section 725.19, subsection 1 , the scheduled fine is five 3 six hundred forty-five dollars. Failure to pay the fine by a 4 person under the age of eighteen shall not result in the person 5 being detained in a secure facility. 6 b. For legal age violations for entering or attempting 7 to enter a facility under section 99F.9, subsection 6 , the 8 scheduled fine is five six hundred forty-five dollars. Failure 9 to pay the fine by a person under the age of eighteen shall not 10 result in the person being detained in a secure facility. 11 6. Pseudoephedrine sales violations. For violations of 12 section 126.23A, subsection 1 , by an employee of a retailer, or 13 for violations of section 126.23A, subsection 2 , paragraph “a” , 14 by a purchaser, the scheduled fine is as follows: 15 a. If the violation is a first offense, the scheduled fine 16 is two hundred sixty dollars. 17 b. If the violation is a second offense, the scheduled fine 18 is two three hundred fifty twenty-five dollars. 19 c. If the violation is a third or subsequent offense, the 20 scheduled fine is five six hundred forty-five dollars. 21 7. Alcoholic beverage violations by persons eighteen, 22 nineteen, or twenty years of age. For first offense violations 23 of section 123.47, subsection 4 , the scheduled fine is two 24 hundred sixty dollars. 25 8. Unlicensed premises owner —— under eighteen years of age 26 consumption or possession. For first offense violations of 27 section 123.47, subsection 2 , the scheduled fine is two hundred 28 sixty dollars. 29 9. Notification violations. For violations of section 30 229.22, subsection 6 , the scheduled fine is one thousand 31 dollars for a first violation and two thousand dollars for a 32 second or subsequent violation. The scheduled fine under this 33 subsection is a civil penalty, and the criminal penalty crime 34 services surcharge under section 911.1 shall not be added to 35 -34- SF457.3119 (2) 88 jm/jh 34/ 39
the penalty. 1 10. Scrap metal transaction violations. For violations 2 of section 714.27 , the scheduled fine is one hundred dollars 3 for a first violation, five hundred dollars for a second 4 violation within two years, and one thousand dollars for a 5 third or subsequent violation within two years. The scheduled 6 fine under this subsection is a civil penalty which shall 7 be deposited into the general fund of the county or city if 8 imposed by a designated officer or employee of a county or 9 city, or deposited in the general fund of the state if imposed 10 by a state agency, and the criminal penalty crime services 11 surcharge under section 911.1 shall not be added to the 12 penalty. 13 11. Trespassing violations. For trespasses punishable under 14 section 716.8, subsection 1 or 5 , the scheduled fine is two 15 hundred sixty dollars for a first violation, five six hundred 16 forty-five dollars for a second violation, and one thousand 17 two hundred eighty-five dollars for a third or subsequent 18 violation. 19 12. Internet fantasy sports contest violations. For 20 violations of legal age for entering an internet fantasy sports 21 contest under section 99E.7 , the scheduled fine is five hundred 22 dollars. Failure to pay the fine by a person under the age 23 of eighteen shall not result in the person being detained in 24 a secure facility. 25 DIVISION V 26 MISDEMEANOR AND FELONY FINES 27 Sec. 43. Section 902.9, subsection 1, paragraphs d and e, 28 Code 2020, are amended to read as follows: 29 d. A class “C” felon, not an habitual offender, shall be 30 confined for no more than ten years, and in addition shall be 31 sentenced to a fine of at least one thousand three hundred 32 seventy dollars but not more than ten thirteen thousand six 33 hundred sixty dollars. 34 e. A class “D” felon, not an habitual offender, shall be 35 -35- SF457.3119 (2) 88 jm/jh 35/ 39
confined for no more than five years, and in addition shall 1 be sentenced to a fine of at least seven hundred fifty one 2 thousand twenty-five dollars but not more than seven ten 3 thousand five two hundred forty-five dollars. 4 Sec. 44. Section 903.1, subsections 1 and 2, Code 2020, are 5 amended to read as follows: 6 1. If a person eighteen years of age or older is convicted 7 of a simple or serious misdemeanor and a specific penalty is 8 not provided for or if a person under eighteen years of age 9 has been waived to adult court pursuant to section 232.45 on 10 a felony charge and is subsequently convicted of a simple, 11 serious, or aggravated misdemeanor, the court shall determine 12 the sentence, and shall fix the period of confinement or the 13 amount of fine, which fine shall not be suspended by the court, 14 within the following limits: 15 a. For a simple misdemeanor, there shall be a fine of at 16 least sixty-five one hundred five dollars but not to exceed six 17 eight hundred twenty-five fifty-five dollars. The court may 18 order imprisonment not to exceed thirty days in lieu of a fine 19 or in addition to a fine. 20 b. For a serious misdemeanor, there shall be a fine of at 21 least three four hundred fifteen thirty dollars but not to 22 exceed one two thousand eight five hundred seventy-five sixty 23 dollars. In addition, the court may also order imprisonment 24 not to exceed one year. 25 2. When a person is convicted of an aggravated misdemeanor, 26 and a specific penalty is not provided for, the maximum penalty 27 shall be imprisonment not to exceed two years. There shall be 28 a fine of at least six eight hundred twenty-five fifty-five 29 dollars but not to exceed six eight thousand two five hundred 30 fifty forty dollars. When a judgment of conviction of an 31 aggravated misdemeanor is entered against any person and the 32 court imposes a sentence of confinement for a period of more 33 than one year the term shall be an indeterminate term. 34 DIVISION VI 35 -36- SF457.3119 (2) 88 jm/jh 36/ 39
CRIMINALISTICS LABORATORY FUND 1 Sec. 45. Section 691.9, Code 2020, is amended to read as 2 follows: 3 691.9 Criminalistics laboratory fund. 4 A criminalistics laboratory fund is created as a separate 5 fund in the state treasury under the control of the department 6 of public safety. The fund shall consist of appropriations 7 made to the fund and transfers of interest, moneys collected 8 from the crime services surcharge established in section 911.1, 9 and earnings. All moneys in the fund are appropriated to 10 the department of public safety for use by the department in 11 criminalistics laboratory equipment and supply purchasing, 12 maintenance, depreciation, and training , and payments of the 13 fees charged by the department of administrative services for 14 the criminalistics laboratory facility in Ankeny . Any balance 15 in the fund on June 30 of any fiscal year shall not revert to 16 any other fund of the state but shall remain available for the 17 purposes described in this section . 18 DIVISION VII 19 DRUG ABUSE RESISTANCE EDUCATION FUND 20 Sec. 46. NEW SECTION . 80E.4 Drug abuse resistance education 21 fund. 22 A drug abuse resistance education fund is created as a 23 separate fund in the state treasury under the control of the 24 governor’s office of drug control policy for use by the drug 25 abuse resistance education program and other programs with a 26 similar purpose. The fund shall consist of appropriations made 27 to the fund and transfers of interest, moneys collected from 28 the crime services surcharge established in section 911.1, 29 and earnings. All moneys in the fund are appropriated to the 30 governor’s office of drug control policy. Notwithstanding 31 section 8.33, any balance in the fund on June 30 of any fiscal 32 year shall not revert to any other fund of the state but shall 33 remain available for the purposes described in this section. 34 DIVISION VIII 35 -37- SF457.3119 (2) 88 jm/jh 37/ 39
FUNDING FOR JUVENILE DETENTION HOME FUND 1 Sec. 47. Section 232.142, subsection 6, Code 2020, is 2 amended to read as follows: 3 6. A juvenile detention home fund is created in the state 4 treasury under the authority of the department. The fund shall 5 consist of moneys deposited in the fund pursuant to sections 6 321.218A and 321A.32A section 602.8108 . The moneys in the fund 7 shall be used for the costs of the establishment, improvement, 8 operation, and maintenance of county or multicounty juvenile 9 detention homes in accordance with annual appropriations made 10 by the general assembly from the fund for these purposes. 11 Sec. 48. Section 321.210B, subsection 7, Code 2020, is 12 amended to read as follows: 13 7. a. A civil penalty assessed pursuant to section 14 321.218A, 321A.32A , or 321J.17 shall be added to the amount 15 owing under the installment agreement. 16 b. The clerk of the district court shall transmit to the 17 department, from the first moneys collected, an amount equal to 18 the amount of any civil penalty assessed pursuant to section 19 321.218A or 321A.32A and added to the installment agreement. 20 The department shall transmit the money received from the 21 clerk of the district court pursuant to this paragraph to the 22 treasurer of state for deposit in the juvenile detention home 23 fund created in section 232.142 . 24 c. b. The clerk of the district court shall transmit to the 25 department, from the first moneys collected, an amount equal to 26 the amount of any civil penalty assessed pursuant to section 27 321J.17 and added to the installment agreement. The department 28 shall transmit the money received from the clerk of the 29 district court pursuant to this paragraph to the treasurer of 30 state who shall deposit one-half of the money in the separate 31 fund established in section 915.94 and one-half of the money in 32 the general fund of the state. 33 Sec. 49. Section 321M.9, subsection 1, Code 2020, is amended 34 to read as follows: 35 -38- SF457.3119 (2) 88 jm/jh 38/ 39
1. Fees to counties. Notwithstanding any other provision 1 in the Code to the contrary, the county treasurer of a county 2 authorized to issue driver’s licenses under this chapter shall 3 retain for deposit in the county general fund seven dollars of 4 fees received for each issuance or renewal of driver’s licenses 5 and nonoperator’s identification cards, but shall not retain 6 any moneys for the issuance of any persons with disabilities 7 identification devices. The five dollar processing fee charged 8 by a county treasurer for collection of a civil penalty under 9 section 321.218A, 321A.32A , or 321J.17 shall be retained for 10 deposit in the county general fund. The county treasurer 11 shall remit the balance of fees and all civil penalties to the 12 department. 13 Sec. 50. Section 331.557A, subsection 4, Code 2020, is 14 amended to read as follows: 15 4. Accept payment of the civil penalties penalty assessed 16 pursuant to sections 321.218A , 321A.32A , and section 321J.17 17 and remit the penalties penalty to the state department of 18 transportation. 19 Sec. 51. REPEAL. Sections 321.218A and 321.32A, Code 2020, 20 are repealed. > 21 2. Title page, by striking lines 1 through 3 and inserting 22 < An Act relating to the criminal and juvenile justice system 23 by modifying criminal penalties, surcharges, fines, fees, and 24 costs, creating and modifying funds, making appropriations and 25 allocating revenues, and modifying installment agreements. > 26 ______________________________ COMMITTEE ON JUDICIARY HOLT of Crawford, Chairperson -39- SF457.3119 (2) 88 jm/jh 39/ 39 #2.