House File 826 - Introduced
HOUSE FILE
BY COMMITTEE ON APPROPRIATIONS
(SUCCESSOR TO HF 813)
(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 1302HW 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 602.1304, subsection 2, paragraph b, Code
2 5 2005, is amended to read as follows:
2 6 b. For each fiscal year, a judicial collection estimate
2 7 for that fiscal year shall be equally and proportionally
2 8 divided into a quarterly amount. The judicial collection
2 9 estimate shall be calculated by using the state revenue
2 10 estimating conference estimate made by December 15 pursuant to
2 11 section 8.22A, subsection 3, of the total amount of fines,
2 12 fees, civil penalties, costs, surcharges, and other revenues
2 13 collected by judicial officers and court employees for deposit
2 14 into the general fund of the state. The revenue estimating
2 15 conference estimate shall be reduced by the maximum amounts
2 16 allocated to the Iowa prison infrastructure fund pursuant to
2 17 section 602.8108A, the court technology and modernization fund
2 18 pursuant to section 602.8108, and subsection 7, the judicial
2 19 branch pursuant to section 602.8108, subsection 7A, the road
2 20 use tax fund pursuant to section 602.8108, subsection 8, and
2 21 amounts allocated to the department of public safety's vehicle
2 22 depreciation account pursuant to section 602.8108, subsection
2 23 9, and the remainder shall be the judicial collection
2 24 estimate. In each quarter of a fiscal year, after revenues
2 25 collected by judicial officers and court employees equal to
2 26 that quarterly amount are deposited into the general fund of
2 27 the state, and after the required amount is deposited during
2 28 the quarter into the Iowa prison infrastructure fund pursuant
2 29 to section 602.8108A and into the court technology and
2 30 modernization fund pursuant to section 602.8108, subsection 7,
2 31 and after the required amount is allocated to the judicial
2 32 branch pursuant to section 602.8108, subsection 7A, and to the
2 33 department of public safety's vehicle depreciation account
2 34 pursuant to section 602.8108, subsection 9, the director of
2 35 the department of administrative services shall deposit the
3 1 remaining revenues for that quarter into the enhanced court
3 2 collections fund in lieu of the general fund. However, after
3 3 total deposits into the collections fund for the fiscal year
3 4 are equal to the maximum deposit amount established for the
3 5 collections fund, remaining revenues for that fiscal year
3 6 shall be deposited into the general fund. If the revenue
3 7 estimating conference agrees to a different estimate at a
3 8 later meeting which projects a lesser amount of revenue than
3 9 the initial estimate amount used to calculate the judicial
3 10 collection estimate, the director of the department of
3 11 administrative services shall recalculate the judicial
3 12 collection estimate accordingly. If the revenue estimating
3 13 conference agrees to a different estimate at a later meeting
3 14 which projects a greater amount of revenue than the initial
3 15 estimate amount used to calculate the judicial collection
3 16 estimate, the director of the department of administrative
3 17 services shall recalculate the judicial collection estimate
3 18 accordingly but only to the extent that the greater amount is
3 19 due to an increase in the fines, fees, civil penalties, costs,
3 20 surcharges, or other revenues allowed by law to be collected
3 21 by judicial officers and court employees.
3 22 Sec. 4. Section 602.8106, subsection 1, paragraphs b, d,
3 23 and e, Code 2005, are amended to read as follows:
3 24 b. For filing and docketing of a complaint or information
3 25 for a simple misdemeanor and a complaint or information for a
3 26 nonscheduled simple misdemeanor under chapter 321, seventeen
3 27 thirty dollars.
3 28 d. The court costs in scheduled violation cases where a
3 29 court appearance is required, seventeen thirty dollars.
3 30 e. For court costs in scheduled violation cases where a
3 31 court appearance is not required, seventeen thirty dollars.
3 32 Sec. 5. Section 602.8108, subsection 2, Code 2005, is
3 33 amended to read as follows:
3 34 2. Except as otherwise provided, the clerk of the district
3 35 court shall report and submit to the state court
4 1 administrator, not later than the fifteenth day of each month,
4 2 the fines and fees received during the preceding calendar
4 3 month. Except as provided in subsections 3, 4, 5, 7, and 7A,
4 4 8, and 9, the state court administrator shall deposit the
4 5 amounts received with the treasurer of state for deposit in
4 6 the general fund of the state. The state court administrator
4 7 shall report to the legislative services agency within thirty
4 8 days of the beginning of each fiscal quarter the amount
4 9 received during the previous quarter in the account
4 10 established under this section.
4 11 Sec. 6. Section 602.8108, Code 2005, is amended by adding
4 12 the following new subsection:
4 13 NEW SUBSECTION. 7A. The state court administrator shall
4 14 allocate to the judicial branch for the fiscal year beginning
4 15 July 1, 2005, and for each fiscal year thereafter, seven
4 16 million dollars of the moneys received annually under
4 17 subsection 2, to be used for salaries of supreme court
4 18 justices, appellate court judges, district court judges,
4 19 district associate judges, judicial magistrates and staff,
4 20 state court administrator, clerk of the supreme court,
4 21 district court administrators, clerks of the district court,
4 22 juvenile court officers, board of law examiners and board of
4 23 examiners of shorthand reporters and judicial qualifications
4 24 commission, receipt and disbursement of child support
4 25 payments, reimbursement of the auditor of state for expenses
4 26 incurred in completing audits of the offices of the clerks of
4 27 the district court during the fiscal year, and maintenance,
4 28 equipment, and miscellaneous purposes.
4 29 Sec. 7. Section 602.8108, Code 2005, is amended by adding
4 30 the following new subsection:
4 31 NEW SUBSECTION. 9. a. The state court administrator
4 32 shall allocate to the vehicle depreciation account maintained
4 33 by the department of public safety for vehicles utilized by
4 34 the Iowa state patrol the following amounts from fines
4 35 attributable to speeding violations:
5 1 (1) For the fiscal year beginning July 1, 2005, and ending
5 2 June 30, 2006, five hundred ninety=six thousand dollars.
5 3 (2) For the fiscal year beginning July 1, 2006, and ending
5 4 June 30, 2007, seven hundred nine thousand dollars.
5 5 (3) For the fiscal year beginning July 1, 2007, and ending
5 6 June 30, 2008, eight hundred forty=one thousand dollars.
5 7 (4) For the fiscal year beginning July 1, 2008, and ending
5 8 June 30, 2009, eight hundred forty=one thousand dollars.
5 9 b. All moneys allocated under this subsection are
5 10 appropriated to the department of public safety and shall be
5 11 used for the purchase of state patrol vehicles.
5 12 Notwithstanding section 12C.7, subsection 2, interest or
5 13 earnings on moneys allocated to the vehicle depreciation
5 14 account under this subsection shall be credited to the
5 15 account. Notwithstanding section 8.33, moneys allocated to
5 16 the vehicle depreciation account under this subsection shall
5 17 not revert at the end of the fiscal year but shall remain
5 18 available for the purpose intended.
5 19 c. This subsection is repealed July 1, 2009.
5 20 Sec. 8. Section 805.8A, subsection 5, paragraph b, Code
5 21 2005, is amended to read as follows:
5 22 b. Notwithstanding paragraph "a", for excessive speed
5 23 violations in speed zones greater than fifty=five miles per
5 24 hour, the scheduled fine shall be:
5 25 (1) Ten Twenty dollars for speed not more than five miles
5 26 per hour in excess of the limit.
5 27 (2) Twenty Forty dollars for speed greater than five but
5 28 not more than ten miles per hour in excess of the limit.
5 29 (3) Forty Sixty dollars for speed greater than ten but not
5 30 more than fifteen miles per hour in excess of the limit.
5 31 (4) Sixty Eighty dollars for speed greater than fifteen
5 32 but not more than twenty miles per hour in excess of the
5 33 limit.
5 34 (5) Sixty Ninety dollars plus two five dollars for each
5 35 mile per hour of excessive speed over twenty miles per hour
6 1 over the limit.
6 2 Sec. 9. CANINE VEHICLE REPLACEMENT. The department of
6 3 public safety shall use a portion of the funds allocated to
6 4 the department of public safety's vehicle depreciation account
6 5 pursuant to section 602.8108, subsection 9, as enacted in this
6 6 Act, to replace existing Iowa state patrol vehicles used by
6 7 canine handlers, when those vehicles are due for replacement,
6 8 with multipurpose vehicles properly equipped for canine
6 9 transport.
6 10 EXPLANATION
6 11 This bill increases the speed limit on interstate highways
6 12 from 65 to 70 miles per hour for all vehicles. The speed
6 13 limit on all other fully controlled access, divided,
6 14 multilaned highways remains at 65 miles per hour, and the
6 15 state department of transportation may continue to establish a
6 16 65=mile=per=hour speed limit on certain other divided,
6 17 multilaned highways. The bill broadens the authority of the
6 18 department to establish a lower speed limit on any portion of
6 19 a divided, multilaned highway, including interstates. The
6 20 department may exercise this authority on its own motion or in
6 21 response to a recommendation of a metropolitan or regional
6 22 planning commission or council of governments.
6 23 The bill increases fines for speeding violations committed
6 24 in speed zones greater than 55 miles per hour. The fines are
6 25 increased from $10 to $20 for speed not more than five miles
6 26 per hour over the limit; from $20 to $40 for more than five
6 27 but not more than 10 miles per hour over the limit; from $40
6 28 to $60 for more than 10 but not more than 15 miles per hour
6 29 over the limit; from $60 to $80 for more than 15 but not more
6 30 than 20 miles per hour over the limit; and from $60 to $90
6 31 plus $5 for each mile per hour of excessive speed over 20
6 32 miles per hour over the limit. For the fiscal year beginning
6 33 July 1, 2005, and for the three succeeding fiscal years, an
6 34 amount estimated to be the portion of speeding fines that will
6 35 be collected from the increased fines is to be allocated to
7 1 the state patrol vehicle depreciation account. The moneys are
7 2 appropriated to the department of public safety to be used to
7 3 purchase vehicles for the Iowa state patrol. The department
7 4 of public safety is directed to use a portion of those vehicle
7 5 depreciation funds to replace state patrol vehicles used by
7 6 canine handlers with multipurpose vehicles equipped for canine
7 7 transport when the existing vehicles are due for replacement.
7 8 The bill provides for an increase in the fee charged by the
7 9 clerk of the district court for the filing and docketing of a
7 10 complaint or information for a simple misdemeanor from $17 to
7 11 $30. The bill also increases the court costs for a scheduled
7 12 violation from $17 to $30. The state court administrator is
7 13 directed to allocate $7 million annually, from fines and fees
7 14 received from the district courts, to the judicial branch to
7 15 be used for salaries, receipt and disbursement of child
7 16 support payments, reimbursement of auditor expenses,
7 17 maintenance, equipment, and miscellaneous purposes. The
7 18 amount of the allocation is excluded from the calculation of
7 19 the judicial collection estimate for each fiscal year.
7 20 LSB 1302HW 81
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