Senate
Study
Bill
1082
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
TAYLOR)
A
BILL
FOR
An
Act
relating
to
the
improper
use
of
a
persons
with
1
disabilities
parking
permit
and
applicable
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
321.236,
subsection
1,
paragraph
b,
Code
1
2015,
is
amended
to
read
as
follows:
2
b.
Parking
violations
which
are
uncontested
shall
be
charged
3
and
collected
upon
a
simple
notice
of
a
fine
payable
to
the
4
city
clerk.
The
fine
for
each
violation
charged
under
a
simple
5
notice
of
a
fine
shall
be
established
by
ordinance.
The
fine
6
may
be
increased
by
five
dollars
if
the
parking
violation
7
is
not
paid
within
thirty
days
of
the
date
upon
which
the
8
violation
occurred.
Violations
For
violations
of
section
9
321L.4,
subsection
2
,
shall
be
charged
and
collected
a
city
10
may
charge
and
collect
upon
a
simple
notice
of
a
one
hundred
11
dollar
fine
payable
to
the
city
clerk.
Costs
or
other
charges
12
shall
not
be
assessed.
All
fines
collected
by
a
city
pursuant
13
to
this
paragraph
shall
be
retained
by
the
city
and
all
fines
14
collected
by
a
county
pursuant
to
this
paragraph
shall
be
15
retained
by
the
county,
except
as
provided
by
an
agreement
16
between
a
city
and
a
county
treasurer
for
the
collection
of
17
fines
pursuant
to
section
331.553,
subsection
8
.
18
Sec.
2.
Section
321L.4,
subsection
2,
Code
2015,
is
amended
19
to
read
as
follows:
20
2.
a.
The
use
of
a
persons
with
disabilities
parking
space,
21
located
on
either
public
or
private
property
as
provided
in
22
sections
321L.5
and
321L.6
,
by
an
operator
of
a
vehicle
not
23
displaying
a
persons
with
disabilities
parking
permit;
by
an
24
operator
of
a
vehicle
displaying
a
persons
with
disabilities
25
parking
permit
but
not
being
used
by
a
person
issued
a
permit
26
or
being
transported
in
accordance
with
section
321L.2,
27
subsection
1
,
paragraph
“b”
;
or
by
a
vehicle
in
violation
28
of
the
rules
adopted
by
the
department
under
section
321L.8
,
29
constitutes
improper
use
of
a
persons
with
disabilities
parking
30
permit,
which
is
a
misdemeanor
for
which
a
scheduled
fine
shall
31
be
imposed
under
paragraph
“b”
,
upon
the
owner,
operator,
or
32
lessee
of
the
vehicle
or
the
person
to
whom
the
persons
with
33
disabilities
parking
permit
is
issued.
34
b.
(1)
The
scheduled
fine
for
each
violation
shall
be
as
35
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_____
established
in
section
805.8A,
subsection
1
,
paragraph
“c”
.
1
(2)
In
lieu
of
the
scheduled
fine
described
in
subparagraph
2
(1),
a
city
may
charge
and
collect
upon
a
simple
notice
of
a
one
3
hundred
dollar
fine
pursuant
to
section
321.236,
subsection
1,
4
paragraph
“b”
.
5
c.
Proof
of
conviction
of
two
or
more
violations
involving
6
improper
use
of
a
persons
with
disabilities
parking
permit
7
is
grounds
for
revocation
by
the
court
or
the
department
of
8
the
holder’s
privilege
to
possess
or
use
the
persons
with
9
disabilities
parking
permit.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
the
improper
use
of
a
persons
with
14
disabilities
parking
permit.
Under
current
law,
improper
use
15
of
a
persons
with
disabilities
parking
permit
is
a
misdemeanor
16
subject
to
separate
fines
under
Code
sections
321.236
and
17
805.8A.
The
bill
provides
that
a
local
authority
may
charge
18
and
collect
upon
a
simple
notice
of
a
$100
fine,
payable
to
the
19
city
clerk
in
lieu
of
a
scheduled
fine
of
$200
charged
under
20
Code
section
805.8A.
Current
Code
section
805.8A,
subsection
21
1,
paragraph
“a”,
provides
that
violations
charged
by
a
city
22
or
county
upon
simple
notice
of
a
fine
instead
of
a
uniform
23
citation
and
complaint
are
not
scheduled
violations.
24
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