House Study Bill 140 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON BYRNES) A BILL FOR An Act relating to the penalty for failing to return a persons 1 with disabilities parking permit and using the permit to 2 park illegally. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1965YC (2) 85 dea/nh
H.F. _____ Section 1. Section 321L.3, subsection 2, Code 2013, is 1 amended to read as follows: 2 2. A person who fails to return the persons with 3 disabilities parking permit and subsequently misuses the 4 permit by illegally parking in a persons with disabilities 5 parking space is guilty of a simple misdemeanor punishable 6 as a scheduled violation under section 805.8A, subsection 1 , 7 paragraph “c” by a fine of not less than five hundred dollars or 8 by imprisonment not to exceed thirty days, or by both . 9 Sec. 2. Section 805.8A, subsection 1, paragraph c, Code 10 2013, is amended to read as follows: 11 c. For violations under section 321L.2A, subsection 3 , 12 sections 321L.3 , section 321L.4, subsection 2 , and section 13 321L.7 , the scheduled fine is two hundred dollars. 14 EXPLANATION 15 Under current law, a persons with disabilities parking 16 permit must be returned to the department of transportation, 17 a driver’s license station, or any law enforcement officer 18 when the person to whom the permit was issued is deceased or 19 moves out of state; when a person finds or obtains possession 20 of a permit not issued to that person; when the permit has 21 expired or has been revoked; or when a permit reported lost or 22 stolen is found, if the permit was subsequently replaced. A 23 person who fails to return a persons with disabilities parking 24 permit and subsequently uses the permit illegally to park in a 25 persons with disabilities parking space is guilty of a simple 26 misdemeanor punishable by a scheduled fine of $200. This bill 27 changes that penalty to a simple misdemeanor punishable by a 28 minimum fine of $500 or by imprisonment for not more than 30 29 days, or by both. 30 Pursuant to current law, persons with disabilities license 31 plates, persons with disabilities parking stickers, and 32 persons with disabilities removable windshield placards are 33 all included in the definition of “persons with disabilities 34 parking permit”. 35 -1- LSB 1965YC (2) 85 dea/nh 1/ 1