House File 513 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON TRANSPORTATION

                                       (SUCCESSOR TO HSB 80)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the speed limit for vehicular traffic on
  2    highways, the fines for violations, and making an
  3    appropriation, and relating to court costs for simple
  4    misdemeanor offenses and providing a fee.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1302HV 81
  7 dea/gg/14

PAG LIN



  1  1    Section 1.  Section 321.285, subsection 6, Code 2005, is
  1  2 amended to read as follows:
  1  3    6.  a.  Notwithstanding any other speed restrictions, the
  1  4 speed limit for all vehicular traffic on fully controlled=
  1  5 access, divided, multilaned highways including the national
  1  6 system of interstate highways is sixty=five miles per hour.
  1  7 However, the speed limit for all vehicular traffic on highways
  1  8 that are part of the interstate road system, as defined in
  1  9 section 306.3, is seventy miles per hour.  The department may
  1 10 establish a speed limit of sixty=five miles per hour on
  1 11 certain divided, multilaned highways not otherwise described
  1 12 in this paragraph.
  1 13    b.  However, the department or cities with the approval of
  1 14 the The department, on its own motion or in response to a
  1 15 recommendation of a metropolitan or regional planning
  1 16 commission or council of governments, may establish a lower
  1 17 speed limit upon such highways located within the corporate
  1 18 limits of a city on a highway described in this subsection.
  1 19    c.  For the purposes of this subsection, a fully "fully
  1 20 controlled=access highway is highway" means a highway that
  1 21 gives preference to through traffic by providing access
  1 22 connections with selected public roads only and by prohibiting
  1 23 crossings at grade or direct private driveway connections.
  1 24    d.  A minimum speed may be established by the department on
  1 25 the highways referred to in this subsection if warranted by
  1 26 engineering and traffic investigations.
  1 27    e.  It is further provided that any Any kind of vehicle,
  1 28 implement, or conveyance incapable of attaining and
  1 29 maintaining a speed of forty miles per hour shall be
  1 30 prohibited from using the interstate road system.
  1 31    Sec. 2.  Section 602.8106, subsection 1, paragraphs b, d,
  1 32 and e, Code 2005, are amended to read as follows:
  1 33    b.  For filing and docketing of a complaint or information
  1 34 for a simple misdemeanor and a complaint or information for a
  1 35 nonscheduled simple misdemeanor under chapter 321, seventeen
  2  1 thirty dollars.
  2  2    d.  The court costs in scheduled violation cases where a
  2  3 court appearance is required, seventeen thirty dollars.
  2  4    e.  For court costs in scheduled violation cases where a
  2  5 court appearance is not required, seventeen thirty dollars.
  2  6    Sec. 3.  Section 602.8108, subsection 2, Code 2005, is
  2  7 amended to read as follows:
  2  8    2.  Except as otherwise provided, the clerk of the district
  2  9 court shall report and submit to the state court
  2 10 administrator, not later than the fifteenth day of each month,
  2 11 the fines and fees received during the preceding calendar
  2 12 month.  Except as provided in subsections 3, 4, 5, 7, and 8,
  2 13 and 9, the state court administrator shall deposit the amounts
  2 14 received with the treasurer of state for deposit in the
  2 15 general fund of the state.  The state court administrator
  2 16 shall report to the legislative services agency within thirty
  2 17 days of the beginning of each fiscal quarter the amount
  2 18 received during the previous quarter in the account
  2 19 established under this section.
  2 20    Sec. 4.  Section 602.8108, Code 2005, is amended by adding
  2 21 the following new subsection:
  2 22    NEW SUBSECTION.  9.  a.  The clerk of the district court
  2 23 shall report and remit to the state court administrator, not
  2 24 later than the fifteenth day of each month, and the state
  2 25 court administrator shall allocate to the vehicle depreciation
  2 26 account maintained by the department of public safety for
  2 27 vehicles utilized by the Iowa state patrol, the following
  2 28 amounts from fines received for speeding violations under
  2 29 section 805.8A, subsection 5, paragraph "b":
  2 30    (1)  For each fine collected for speed not more than five
  2 31 miles per hour in excess of the limit, ten dollars.
  2 32    (2)  For each fine collected for speed greater than five
  2 33 but not more than ten miles per hour in excess of the limit,
  2 34 twenty dollars.
  2 35    (3)  For each fine collected for speed greater than ten but
  3  1 not more than fifteen miles per hour in excess of the limit,
  3  2 twenty dollars.
  3  3    (4)  For each fine collected for speed greater than fifteen
  3  4 but not more than twenty miles per hour in excess of the
  3  5 limit, twenty dollars.
  3  6    (5)  For each fine collected for speed greater than twenty
  3  7 miles per hour in excess of the limit, thirty dollars plus
  3  8 three dollars for each mile per hour of excessive speed.
  3  9    b.  This subsection is repealed June 30, 2009.
  3 10    Sec. 5.  Section 805.8A, subsection 5, paragraph b, Code
  3 11 2005, is amended to read as follows:
  3 12    b.  Notwithstanding paragraph "a", for excessive speed
  3 13 violations in speed zones greater than fifty=five miles per
  3 14 hour, the scheduled fine shall be:
  3 15    (1)  Ten Twenty dollars for speed not more than five miles
  3 16 per hour in excess of the limit.
  3 17    (2)  Twenty Forty dollars for speed greater than five but
  3 18 not more than ten miles per hour in excess of the limit.
  3 19    (3)  Forty Sixty dollars for speed greater than ten but not
  3 20 more than fifteen miles per hour in excess of the limit.
  3 21    (4)  Sixty Eighty dollars for speed greater than fifteen
  3 22 but not more than twenty miles per hour in excess of the
  3 23 limit.
  3 24    (5)  Sixty Ninety dollars plus two five dollars for each
  3 25 mile per hour of excessive speed over twenty miles per hour
  3 26 over the limit.
  3 27    Sec. 6.  CANINE VEHICLE REPLACEMENT.  The department of
  3 28 public safety shall use a portion of the funds allocated to
  3 29 the department of public safety's vehicle depreciation account
  3 30 pursuant to section 602.8106, subsection 9, as enacted in this
  3 31 Act, to replace existing Iowa state patrol vehicles used by
  3 32 canine handlers, when those vehicles are due for replacement,
  3 33 with multipurpose vehicles properly equipped for canine
  3 34 transport.
  3 35                           EXPLANATION
  4  1    This bill increases the speed limit on interstate highways
  4  2 from 65 to 70 miles per hour for all vehicles.  The speed
  4  3 limit on all other fully controlled access, divided,
  4  4 multilaned highways remains at 65 miles per hour, and the
  4  5 state department of transportation may continue to establish a
  4  6 65=mile=per=hour speed limit on certain other divided,
  4  7 multilaned highways.  The bill broadens the authority of the
  4  8 department to establish a lower speed limit on any portion of
  4  9 a divided, multilaned highway, including interstates.  The
  4 10 department may exercise this authority on its own motion or in
  4 11 response to a recommendation of a metropolitan or regional
  4 12 planning commission or council of governments.
  4 13    The bill increases fines for speeding violations committed
  4 14 in speed zones greater than 55 miles per hour.  The fines are
  4 15 increased from $10 to $20 for speed not more than five miles
  4 16 per hour over the limit; from $20 to $40 for more than five
  4 17 but not more than 10 miles per hour over the limit; from $40
  4 18 to $60 for more than 10 but not more than 15 miles per hour
  4 19 over the limit; from $60 to $80 for more than 15 but not more
  4 20 than 20 miles per hour over the limit; and from $60 to $90
  4 21 plus $5 for each mile per hour of excessive speed over 20
  4 22 miles per hour over the limit.  Until June 30, 2009, the
  4 23 portion of speeding fines collected from the increased fines
  4 24 is to be allocated to the vehicle depreciation account
  4 25 maintained by the department of public safety for vehicles
  4 26 utilized by the state patrol.  The department of public safety
  4 27 is directed to use a portion of those vehicle depreciation
  4 28 funds to replace Iowa state patrol vehicles used by canine
  4 29 handlers with multipurpose vehicles equipped for canine
  4 30 transport when the existing vehicles are due for replacement.
  4 31    The bill provides for an increase in the fee charged by the
  4 32 clerk of the district court for the filing and docketing of a
  4 33 complaint or information for a simple misdemeanor from $17 to
  4 34 $30.  The bill also increases the court costs for a scheduled
  4 35 violation from $17 to $30.
  5  1 LSB 1302HV 81
  5  2 dea:nh/gg/14