House File 2391 - Introduced HOUSE FILE 2391 BY MASCHER A BILL FOR An Act relating to penalties for motor vehicle speeding 1 violations for driving more than fifteen miles per hour over 2 the speed limit. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6026YH (2) 83 dea/nh

H.F. 2391 Section 1. Section 321.285, Code Supplement 2009, is 1 amended by adding the following new subsection: 2 NEW SUBSECTION . 7. A person who violates speeding 3 restrictions under section 321.236, subsection 5 or 11, this 4 section, or section 461A.36, commits a simple misdemeanor. 5 a. Except as provided in paragraph “b” , speeding violations 6 are punishable as scheduled violations under section 805.8A, 7 subsection 5 or 10, if the speed is not more than fifteen miles 8 per hour in excess of the limit. 9 b. Speeding violations committed in a road work zone are 10 punishable as scheduled violations under section 805.8A, 11 subsection 14, paragraph “i” , if the speed is not more than 12 fifteen miles per hour in excess of the limit. 13 c. A person who commits a speeding violation by driving at a 14 speed of more than fifteen miles per hour over the posted speed 15 limit in a road work zone is subject to the following penalties 16 in addition to the penalty provided for a simple misdemeanor or 17 any other penalty provided by law: 18 (1) Five hundred dollars for speed greater than fifteen but 19 not more than twenty-five miles per hour over the posted speed 20 limit. 21 (2) One thousand dollars for speed greater than twenty-five 22 miles per hour over the posted speed limit. 23 Sec. 2. Section 461A.36, Code 2009, is amended to read as 24 follows: 25 461A.36 Speed limit. 26 1. The maximum speed limit of all vehicles on state 27 park and preserve drives, roads , and highways shall 28 be is thirty-five miles per hour. All driving shall be 29 confined to designated roadways. Whenever If the commission 30 shall determine determines that the speed limit hereinbefore 31 set forth established pursuant to this section is greater than 32 is reasonable or safe under the conditions found to exist at 33 any place of congestion or upon on any part of the park roads, 34 drives , or highways, said the commission shall determine and 35 -1- LSB 6026YH (2) 83 dea/nh 1/ 4

H.F. 2391 declare a reasonable and safe speed limit , thereat which shall 1 be effective when appropriate signs giving notice thereof of 2 the speed limit are erected at such places of congestion or 3 other parts of the park roads, drives , or highways. 4 2. A violation of a speed limit under this section is 5 punishable as a simple misdemeanor as provided in section 6 321.285, subsection 7. 7 Sec. 3. Section 805.8A, subsection 5, paragraphs a and b, 8 Code Supplement 2009, are amended to read as follows: 9 a. For excessive speed violations in for speed not more than 10 fifteen miles per hour in excess of the limit under section 11 321.236, subsections 5 and 11, and sections 321.285 , and 12 461A.36, the scheduled fine shall be the following: 13 (1) Ten dollars for speed not more than five miles per hour 14 in excess of the limit. 15 (2) Twenty dollars for speed greater than five but not more 16 than ten miles per hour in excess of the limit. 17 (3) Thirty dollars for speed greater than ten but not more 18 than fifteen miles per hour in excess of the limit. 19 (4) Forty dollars for speed greater than fifteen but not 20 more than twenty miles per hour in excess of the limit. 21 (5) Forty dollars plus two dollars for each mile per hour of 22 excessive speed over twenty miles per hour over the limit. 23 b. Notwithstanding paragraph “a” , for excessive speed 24 violations in speed zones greater than fifty-five miles per 25 hour, the scheduled fine shall be: 26 (1) Twenty dollars for speed not more than five miles per 27 hour in excess of the limit. 28 (2) Forty dollars for speed greater than five but not more 29 than ten miles per hour in excess of the limit. 30 (3) Sixty dollars for speed greater than ten but not more 31 than fifteen miles per hour in excess of the limit. 32 (4) Eighty dollars for speed greater than fifteen but not 33 more than twenty miles per hour in excess of the limit. 34 (5) Ninety dollars plus five dollars for each mile per hour 35 -2- LSB 6026YH (2) 83 dea/nh 2/ 4

H.F. 2391 of excessive speed over twenty miles per hour over the limit. 1 Sec. 4. Section 805.8A, subsection 14, paragraph i, Code 2 Supplement 2009, is amended to read as follows: 3 i. Road work zone violations. The scheduled fine for any 4 moving traffic violation under chapter 321, as provided in 5 this section, shall be doubled if the violation occurs within 6 any road work zone, as defined in section 321.1. However, 7 notwithstanding subsection 5, the scheduled fine for violating 8 the speed limit in a road work zone for speed not more than 9 fifteen miles per hour over the limit is as follows: 10 (1) One hundred fifty dollars for speed not more than ten 11 miles per hour over the posted speed limit. 12 (2) Three hundred dollars for speed greater than ten but not 13 more than twenty fifteen miles per hour over the posted speed 14 limit. 15 (3) Five hundred dollars for speed greater than twenty but 16 not more than twenty-five miles per hour over the posted speed 17 limit. 18 (4) One thousand dollars for speed greater than twenty-five 19 miles per hour over the posted speed limit. 20 EXPLANATION 21 This bill makes changes to penalties for motor vehicle 22 speeding violations that involve speed of more than 15 miles 23 per hour over the limit. 24 Under current law, all speeding violations are simple 25 misdemeanors punishable as scheduled violations. Fines vary, 26 but are higher for violations committed in speed zones greater 27 than 55 miles per hour. The highest fines are for speeding 28 violations committed in road work zones. 29 Under the bill, only speeding violations of up to 15 miles 30 per hour over the limit, including violations in road work 31 zones, are punishable as scheduled violations. Any violation 32 for speed in excess of 15 miles per hour over the limit is a 33 simple misdemeanor punishable by confinement for no more than 34 30 days or a fine of at least $65 but not more than $625 or by 35 -3- LSB 6026YH (2) 83 dea/nh 3/ 4

H.F. 2391 both. 1 A person who drives at a speed greater than 15 but not more 2 than 25 miles per hour over the posted limit in a road work 3 zone is subject to a fine of $500 in addition to the penalty 4 allowed for a simple misdemeanor. If the speed is more than 25 5 miles per hour over the posted limit in a road work zone, the 6 additional fine is $1,000. 7 The penalties under the bill apply to violations of speed 8 limits on public roads, speed restrictions established by local 9 authorities for public parks and alleys, and speed limits 10 established for state parks and preserves. 11 -4- LSB 6026YH (2) 83 dea/nh 4/ 4