House File 813 - Introduced
HOUSE FILE
BY COMMITTEE ON WAYS AND
MEANS
(SUCCESSOR TO HF 513)
(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 court costs for simple
3 misdemeanor offenses and providing a fee and making
4 appropriations.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 1302HZ 81
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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 602.1302, subsection 1, Code 2005, is
1 32 amended to read as follows:
1 33 1. Except as otherwise provided by sections 602.1303, and
1 34 602.1304, and 602.8108 or other applicable law, the expenses
1 35 of operating and maintaining the judicial branch shall be paid
2 1 out of the general fund of the state from funds appropriated
2 2 by the general assembly for the judicial branch. State
2 3 funding shall be phased in as provided in section 602.11101.
2 4 Sec. 3. Section 602.8106, subsection 1, paragraphs b, d,
2 5 and e, Code 2005, are amended to read as follows:
2 6 b. For filing and docketing of a complaint or information
2 7 for a simple misdemeanor and a complaint or information for a
2 8 nonscheduled simple misdemeanor under chapter 321, seventeen
2 9 thirty dollars.
2 10 d. The court costs in scheduled violation cases where a
2 11 court appearance is required, seventeen thirty dollars.
2 12 e. For court costs in scheduled violation cases where a
2 13 court appearance is not required, seventeen thirty dollars.
2 14 Sec. 4. Section 602.8108, subsection 2, Code 2005, is
2 15 amended to read as follows:
2 16 2. Except as otherwise provided, the clerk of the district
2 17 court shall report and submit to the state court
2 18 administrator, not later than the fifteenth day of each month,
2 19 the fines and fees received during the preceding calendar
2 20 month. Except as provided in subsections 3, 4, 5, 7, and 7A,
2 21 8, and 9, the state court administrator shall deposit the
2 22 amounts received with the treasurer of state for deposit in
2 23 the general fund of the state. The state court administrator
2 24 shall report to the legislative services agency within thirty
2 25 days of the beginning of each fiscal quarter the amount
2 26 received during the previous quarter in the account
2 27 established under this section.
2 28 Sec. 5. Section 602.8108, Code 2005, is amended by adding
2 29 the following new subsection:
2 30 NEW SUBSECTION. 7A. The state court administrator shall
2 31 allocate to the judicial branch for the fiscal year beginning
2 32 July 1, 2005, and for each fiscal year thereafter, seven
2 33 million dollars of the moneys received annually under
2 34 subsection 2, to be used for salaries of supreme court
2 35 justices, appellate court judges, district court judges,
3 1 district associate judges, judicial magistrates and staff,
3 2 state court administrator, clerk of the supreme court,
3 3 district court administrators, clerks of the district court,
3 4 juvenile court officers, board of law examiners and board of
3 5 examiners of shorthand reporters and judicial qualifications
3 6 commission, receipt and disbursement of child support
3 7 payments, reimbursement of the auditor of state for expenses
3 8 incurred in completing audits of the offices of the clerks of
3 9 the district court during the fiscal year, and maintenance,
3 10 equipment, and miscellaneous purposes.
3 11 Sec. 6. Section 602.8108, Code 2005, is amended by adding
3 12 the following new subsection:
3 13 NEW SUBSECTION. 9. a. The state court administrator
3 14 shall allocate to the vehicle depreciation account maintained
3 15 by the department of public safety for vehicles utilized by
3 16 the Iowa state patrol the following amounts from fines
3 17 attributable to speeding violations:
3 18 (1) For the fiscal year beginning July 1, 2005, and ending
3 19 June 30, 2006, six hundred eighty=four thousand dollars.
3 20 (2) For the fiscal year beginning July 1, 2006, and ending
3 21 June 30, 2007, seven hundred seventy=eight thousand dollars.
3 22 (3) For the fiscal year beginning July 1, 2007, and ending
3 23 June 30, 2008, eight hundred seventy=three thousand dollars.
3 24 (4) For the fiscal year beginning July 1, 2008, and ending
3 25 June 30, 2009, eight hundred seventy=three thousand dollars.
3 26 b. All moneys allocated under this subsection are
3 27 appropriated to the department of public safety and shall be
3 28 used for the purchase of state patrol vehicles.
3 29 Notwithstanding section 12C.7, subsection 2, interest or
3 30 earnings on moneys allocated to the vehicle depreciation
3 31 account under this subsection shall be credited to the
3 32 account. Notwithstanding section 8.33, moneys allocated to
3 33 the vehicle depreciation account under this subsection shall
3 34 not revert at the end of the fiscal year but shall remain
3 35 available for the purpose intended.
4 1 c. This subsection is repealed July 1, 2009.
4 2 Sec. 7. Section 805.8A, subsection 5, paragraph b, Code
4 3 2005, is amended to read as follows:
4 4 b. Notwithstanding paragraph "a", for excessive speed
4 5 violations in speed zones greater than fifty=five miles per
4 6 hour, the scheduled fine shall be:
4 7 (1) Ten Twenty dollars for speed not more than five miles
4 8 per hour in excess of the limit.
4 9 (2) Twenty Forty dollars for speed greater than five but
4 10 not more than ten miles per hour in excess of the limit.
4 11 (3) Forty Sixty dollars for speed greater than ten but not
4 12 more than fifteen miles per hour in excess of the limit.
4 13 (4) Sixty Eighty dollars for speed greater than fifteen
4 14 but not more than twenty miles per hour in excess of the
4 15 limit.
4 16 (5) Sixty Ninety dollars plus two five dollars for each
4 17 mile per hour of excessive speed over twenty miles per hour
4 18 over the limit.
4 19 Sec. 8. CANINE VEHICLE REPLACEMENT. The department of
4 20 public safety shall use a portion of the funds allocated to
4 21 the department of public safety's vehicle depreciation account
4 22 pursuant to section 602.8108, subsection 9, as enacted in this
4 23 Act, to replace existing Iowa state patrol vehicles used by
4 24 canine handlers, when those vehicles are due for replacement,
4 25 with multipurpose vehicles properly equipped for canine
4 26 transport.
4 27 EXPLANATION
4 28 This bill increases the speed limit on interstate highways
4 29 from 65 to 70 miles per hour for all vehicles. The speed
4 30 limit on all other fully controlled access, divided,
4 31 multilaned highways remains at 65 miles per hour, and the
4 32 state department of transportation may continue to establish a
4 33 65=mile=per=hour speed limit on certain other divided,
4 34 multilaned highways. The bill broadens the authority of the
4 35 department to establish a lower speed limit on any portion of
5 1 a divided, multilaned highway, including interstates. The
5 2 department may exercise this authority on its own motion or in
5 3 response to a recommendation of a metropolitan or regional
5 4 planning commission or council of governments.
5 5 The bill increases fines for speeding violations committed
5 6 in speed zones greater than 55 miles per hour. The fines are
5 7 increased from $10 to $20 for speed not more than five miles
5 8 per hour over the limit; from $20 to $40 for more than five
5 9 but not more than 10 miles per hour over the limit; from $40
5 10 to $60 for more than 10 but not more than 15 miles per hour
5 11 over the limit; from $60 to $80 for more than 15 but not more
5 12 than 20 miles per hour over the limit; and from $60 to $90
5 13 plus $5 for each mile per hour of excessive speed over 20
5 14 miles per hour over the limit. For the fiscal year beginning
5 15 July 1, 2005, and for the three succeeding fiscal years, an
5 16 amount estimated to be the portion of speeding fines collected
5 17 from the increased fines is to be allocated to the state
5 18 patrol vehicle depreciation account. The moneys are
5 19 appropriated to the department of public safety to be used to
5 20 purchase vehicles for the Iowa state patrol. The department
5 21 of public safety is directed to use a portion of those vehicle
5 22 depreciation funds to replace state patrol vehicles used by
5 23 canine handlers with multipurpose vehicles equipped for canine
5 24 transport when the existing vehicles are due for replacement.
5 25 The bill provides for an increase in the fee charged by the
5 26 clerk of the district court for the filing and docketing of a
5 27 complaint or information for a simple misdemeanor from $17 to
5 28 $30. The bill also increases the court costs for a scheduled
5 29 violation from $17 to $30. The state court administrator is
5 30 directed to allocate $7 million annually, from fines and fees
5 31 received from the district courts, to the judicial branch to
5 32 be used for salaries, receipt and disbursement of child
5 33 support payments, reimbursement of auditor expenses,
5 34 maintenance, equipment, and miscellaneous purposes.
5 35 LSB 1302HZ 81
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