House File 826 - Enrolled PAG LIN 1 1 HOUSE FILE 826 1 2 1 3 AN ACT 1 4 RELATING TO THE SPEED LIMIT FOR VEHICULAR TRAFFIC ON HIGH= 1 5 WAYS, THE FINES FOR VIOLATIONS, AND COURT COSTS FOR SIMPLE 1 6 MISDEMEANOR OFFENSES AND PROVIDING A FEE AND MAKING 1 7 APPROPRIATIONS. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 321.285, subsection 6, Code 2005, is 1 12 amended to read as follows: 1 13 6. a. Notwithstanding any other speed restrictions, the 1 14 speed limit for all vehicular traffic on fully controlled= 1 15 access, divided, multilaned highwaysincluding the national 1 16 system of interstate highwaysis sixty=five miles per hour. 1 17 However, the speed limit for all vehicular traffic on highways 1 18 that are part of the interstate road system, as defined in 1 19 section 306.3, is seventy miles per hour. The department may 1 20 establish a speed limit of sixty=five miles per hour on 1 21 certain divided, multilaned highways not otherwise described 1 22 in this paragraph. 1 23 b.However, the department or cities with the approval of 1 24 theThe department, on its own motion or in response to a 1 25 recommendation of a metropolitan or regional planning 1 26 commission or council of governments, may establish a lower 1 27 speed limitupon such highways located within the corporate 1 28 limits of a cityon a highway described in this subsection. 1 29 c. For the purposes of this subsection,a fully"fully 1 30 controlled=accesshighway ishighway" means a highway that 1 31 gives preference to through traffic by providing access 1 32 connections with selected public roads only and by prohibiting 1 33 crossings at grade or direct private driveway connections. 1 34 d. A minimum speed may be established by the department on 1 35 the highways referred to in this subsection if warranted by 2 1 engineering and traffic investigations. 2 2 e.It is further provided that anyAny kind of vehicle, 2 3 implement, or conveyance incapable of attaining and 2 4 maintaining a speed of forty miles per hour shall be 2 5 prohibited from using the interstate road system. 2 6 Sec. 2. Section 602.1302, subsection 1, Code 2005, is 2 7 amended to read as follows: 2 8 1. Except as otherwise provided by sections 602.1303,and2 9 602.1304, and 602.8108 or other applicable law, the expenses 2 10 of operating and maintaining the judicial branch shall be paid 2 11 out of the general fund of the state from funds appropriated 2 12 by the general assembly for the judicial branch. State 2 13 funding shall be phased in as provided in section 602.11101. 2 14 Sec. 3. Section 602.1304, subsection 2, paragraph b, Code 2 15 2005, is amended to read as follows: 2 16 b. For each fiscal year, a judicial collection estimate 2 17 for that fiscal year shall be equally and proportionally 2 18 divided into a quarterly amount. The judicial collection 2 19 estimate shall be calculated by using the state revenue 2 20 estimating conference estimate made by December 15 pursuant to 2 21 section 8.22A, subsection 3, of the total amount of fines, 2 22 fees, civil penalties, costs, surcharges, and other revenues 2 23 collected by judicial officers and court employees for deposit 2 24 into the general fund of the state. The revenue estimating 2 25 conference estimate shall be reduced by the maximum amounts 2 26 allocated to the Iowa prison infrastructure fund pursuant to 2 27 section 602.8108A, the court technology and modernization fund 2 28 pursuant to section 602.8108,andsubsection 7, the judicial 2 29 branch pursuant to section 602.8108, subsection 7A, the road 2 30 use tax fund pursuant to section 602.8108, subsection 8, and 2 31 amounts allocated to the department of public safety's vehicle 2 32 depreciation account pursuant to section 602.8108, subsection 2 33 9, and the remainder shall be the judicial collection 2 34 estimate. In each quarter of a fiscal year, after revenues 2 35 collected by judicial officers and court employees equal to 3 1 that quarterly amount are deposited into the general fund of 3 2 the state,andafter the required amount is deposited during 3 3 the quarter into the Iowa prison infrastructure fund pursuant 3 4 to section 602.8108A and into the court technology and 3 5 modernization fund pursuant to section 602.8108, subsection 7, 3 6 and after the required amount is allocated to the judicial 3 7 branch pursuant to section 602.8108, subsection 7A, and to the 3 8 department of public safety's vehicle depreciation account 3 9 pursuant to section 602.8108, subsection 9, the director of 3 10 the department of administrative services shall deposit the 3 11 remaining revenues for that quarter into the enhanced court 3 12 collections fund in lieu of the general fund. However, after 3 13 total deposits into the collections fund for the fiscal year 3 14 are equal to the maximum deposit amount established for the 3 15 collections fund, remaining revenues for that fiscal year 3 16 shall be deposited into the general fund. If the revenue 3 17 estimating conference agrees to a different estimate at a 3 18 later meeting which projects a lesser amount of revenue than 3 19 the initial estimate amount used to calculate the judicial 3 20 collection estimate, the director of the department of 3 21 administrative services shall recalculate the judicial 3 22 collection estimate accordingly. If the revenue estimating 3 23 conference agrees to a different estimate at a later meeting 3 24 which projects a greater amount of revenue than the initial 3 25 estimate amount used to calculate the judicial collection 3 26 estimate, the director of the department of administrative 3 27 services shall recalculate the judicial collection estimate 3 28 accordingly but only to the extent that the greater amount is 3 29 due to an increase in the fines, fees, civil penalties, costs, 3 30 surcharges, or other revenues allowed by law to be collected 3 31 by judicial officers and court employees. 3 32 Sec. 4. Section 602.8106, subsection 1, paragraphs b, d, 3 33 and e, Code 2005, are amended to read as follows: 3 34 b. For filing and docketing of a complaint or information 3 35 for a simple misdemeanor and a complaint or information for a 4 1 nonscheduled simple misdemeanor under chapter 321,seventeen4 2 thirty dollars. 4 3 d. The court costs in scheduled violation cases where a 4 4 court appearance is required,seventeenthirty dollars. 4 5 e. For court costs in scheduled violation cases where a 4 6 court appearance is not required,seventeenthirty dollars. 4 7 Sec. 5. Section 602.8108, subsection 2, Code 2005, is 4 8 amended to read as follows: 4 9 2. Except as otherwise provided, the clerk of the district 4 10 court shall report and submit to the state court 4 11 administrator, not later than the fifteenth day of each month, 4 12 the fines and fees received during the preceding calendar 4 13 month. Except as provided in subsections 3, 4, 5, 7,and7A, 4 14 8, and 9, the state court administrator shall deposit the 4 15 amounts received with the treasurer of state for deposit in 4 16 the general fund of the state. The state court administrator 4 17 shall report to the legislative services agency within thirty 4 18 days of the beginning of each fiscal quarter the amount 4 19 received during the previous quarter in the account 4 20 established under this section. 4 21 Sec. 6. Section 602.8108, Code 2005, is amended by adding 4 22 the following new subsection: 4 23 NEW SUBSECTION. 7A. The state court administrator shall 4 24 allocate to the judicial branch for the fiscal year beginning 4 25 July 1, 2005, and for each fiscal year thereafter, seven 4 26 million dollars of the moneys received annually under 4 27 subsection 2, to be used for salaries of supreme court 4 28 justices, appellate court judges, district court judges, 4 29 district associate judges, judicial magistrates and staff, 4 30 state court administrator, clerk of the supreme court, 4 31 district court administrators, clerks of the district court, 4 32 juvenile court officers, board of law examiners and board of 4 33 examiners of shorthand reporters and judicial qualifications 4 34 commission, receipt and disbursement of child support 4 35 payments, reimbursement of the auditor of state for expenses 5 1 incurred in completing audits of the offices of the clerks of 5 2 the district court during the fiscal year, and maintenance, 5 3 equipment, and miscellaneous purposes. 5 4 Sec. 7. Section 602.8108, Code 2005, is amended by adding 5 5 the following new subsection: 5 6 NEW SUBSECTION. 9. a. The state court administrator 5 7 shall allocate to the vehicle depreciation account maintained 5 8 by the department of public safety for vehicles utilized by 5 9 the Iowa state patrol the following amounts from fines 5 10 attributable to speeding violations: 5 11 (1) For the fiscal year beginning July 1, 2005, and ending 5 12 June 30, 2006, five hundred ninety=six thousand dollars. 5 13 (2) For the fiscal year beginning July 1, 2006, and ending 5 14 June 30, 2007, seven hundred nine thousand dollars. 5 15 (3) For the fiscal year beginning July 1, 2007, and ending 5 16 June 30, 2008, eight hundred forty=one thousand dollars. 5 17 (4) For the fiscal year beginning July 1, 2008, and ending 5 18 June 30, 2009, eight hundred forty=one thousand dollars. 5 19 b. All moneys allocated under this subsection are 5 20 appropriated to the department of public safety and shall be 5 21 used for the purchase of state patrol vehicles. 5 22 Notwithstanding section 12C.7, subsection 2, interest or 5 23 earnings on moneys allocated to the vehicle depreciation 5 24 account under this subsection shall be credited to the 5 25 account. Notwithstanding section 8.33, moneys allocated to 5 26 the vehicle depreciation account under this subsection shall 5 27 not revert at the end of the fiscal year but shall remain 5 28 available for the purpose intended. 5 29 c. This subsection is repealed July 1, 2009. 5 30 Sec. 8. Section 805.8A, subsection 5, paragraph b, Code 5 31 2005, is amended to read as follows: 5 32 b. Notwithstanding paragraph "a", for excessive speed 5 33 violations in speed zones greater than fifty=five miles per 5 34 hour, the scheduled fine shall be: 5 35 (1)TenTwenty dollars for speed not more than five miles 6 1 per hour in excess of the limit. 6 2 (2)TwentyForty dollars for speed greater than five but 6 3 not more than ten miles per hour in excess of the limit. 6 4 (3)FortySixty dollars for speed greater than ten but not 6 5 more than fifteen miles per hour in excess of the limit. 6 6 (4)SixtyEighty dollars for speed greater than fifteen 6 7 but not more than twenty miles per hour in excess of the 6 8 limit. 6 9 (5)SixtyNinety dollars plustwofive dollars for each 6 10 mile per hour of excessive speed over twenty miles per hour 6 11 over the limit. 6 12 Sec. 9. CANINE VEHICLE REPLACEMENT. The department of 6 13 public safety shall use a portion of the funds allocated to 6 14 the department of public safety's vehicle depreciation account 6 15 pursuant to section 602.8108, subsection 9, as enacted in this 6 16 Act, to replace existing Iowa state patrol vehicles used by 6 17 canine handlers, when those vehicles are due for replacement, 6 18 with multipurpose vehicles properly equipped for canine 6 19 transport. 6 20 6 21 6 22 6 23 CHRISTOPHER C. RANTS 6 24 Speaker of the House 6 25 6 26 6 27 6 28 JOHN P. KIBBIE 6 29 President of the Senate 6 30 6 31 I hereby certify that this bill originated in the House and 6 32 is known as House File 826, Eighty=first General Assembly. 6 33 6 34 6 35 7 1 MARGARET THOMSON 7 2 Chief Clerk of the House 7 3 Approved , 2005 7 4 7 5 7 6 7 7 THOMAS J. VILSACK 7 8 Governor