H.F. 301 Section 1. Section 124.414, subsection 3, Code 2023, is 1 amended to read as follows: 2 3. A person who violates this section commits a simple 3 misdemeanor punishable as a scheduled violation under section 4 805.8C . 5 Sec. 2. Section 321.277, subsection 1, Code 2023, is amended 6 to read as follows: 7 1. A person who drives any vehicle in such manner as to 8 indicate either a willful or a wanton disregard for the safety 9 of persons or property is guilty of reckless driving. It shall 10 be prima facie evidence of a violation of this section if a 11 person does any of the following: 12 a. Exceeds the posted speed limit by thirty-five miles per 13 hour or more. 14 b. Violates section 321.304, subsection 1. 15 Sec. 3. Section 321.323A, subsection 1, Code 2023, is 16 amended to read as follows: 17 1. The operator of a motor vehicle approaching a stationary 18 or slow-moving authorized emergency vehicle , towing or recovery 19 vehicle, utility maintenance vehicle, municipal maintenance 20 vehicle, highway maintenance vehicle, construction vehicle, or 21 solid waste or recycling collection service vehicle that is 22 displaying flashing lights, as permitted under section 321.423 , 23 or a stationary motor vehicle that is continually displaying 24 emergency signal lamps flashing simultaneously, shall approach 25 the authorized emergency vehicle with due caution and shall 26 proceed in one of the following manners, absent any other 27 direction by a peace officer: 28 a. Make a lane change into a lane not adjacent to the 29 authorized emergency vehicle if possible in the existing safety 30 and traffic conditions. 31 b. If a lane change under paragraph “a” would be impossible, 32 prohibited by law, or unsafe, reduce the speed of the motor 33 vehicle to a reasonable and proper speed for the existing 34 road and traffic conditions, which speed shall be at least 35 -1- LSB 1961YH (4) 90 th/ns 1/ 6

H.F. 301 twenty miles per hour less than the posted speed limit, and be 1 prepared to stop. 2 Sec. 4. Section 321.323A, subsection 2, Code 2023, is 3 amended by striking the subsection and inserting in lieu 4 thereof the following: 5 2. For purposes of this section, “slow-moving” means that a 6 vehicle described in subsection 1 is being operated at a speed 7 of fifteen miles per hour or less by a person in connection 8 with the person’s official job duties on, along, or adjacent 9 to the roadway. 10 Sec. 5. Section 321.323A, subsection 3, Code 2023, is 11 amended by striking the subsection. 12 Sec. 6. Section 321.323A, subsection 4, paragraph a, Code 13 2023, is amended to read as follows: 14 a. A person convicted of a violation of this section commits 15 a simple misdemeanor punishable as a scheduled violation under 16 section 805.8A, subsection 11 11A . 17 Sec. 7. Section 321.323A, subsection 4, paragraph b, 18 unnumbered paragraph 1, Code 2023, is amended to read as 19 follows: 20 A person convicted of a violation of this section which 21 resulted in an accident causing bodily injury to or the death 22 of another person may be subject to the following penalties 23 in addition to the penalty provided for a scheduled violation 24 in section 805.8A, subsection 11 11A , or any other penalty 25 provided by law: 26 Sec. 8. Section 321A.17, subsection 4, Code 2023, is amended 27 to read as follows: 28 4. An individual applying for a driver’s license following a 29 period of suspension or revocation pursuant to a dispositional 30 order issued under section 232.52, subsection 2 , paragraph 31 “a” , or under section 321.180B , section 321.210, subsection 32 1 , paragraph “a” , subparagraph (4), or section 321.210A , 33 321.213A , 321.213B , 321.216B , or 321.513 , following a period 34 of suspension or revocation under section 321.178 or 321.194 , 35 -2- LSB 1961YH (4) 90 th/ns 2/ 6

H.F. 301 or section 321.372, subsection 3 , or following a period of 1 revocation pursuant to a court order issued under section 2 321J.2A , is not required to maintain proof of financial 3 responsibility under this section . 4 Sec. 9. Section 805.8A, subsection 3, paragraph ai, Code 5 2023, is amended to read as follows: 6 ai. Section 321.438 . . . . . . . . . . . . . . . . . . . $ 70 35 . 7 Sec. 10. Section 805.8A, subsection 5, paragraph a, 8 subparagraph (5), Code 2023, is amended to read as follows: 9 (5) One hundred thirty-five dollars plus five ten dollars 10 for each mile per hour of excessive speed over twenty miles per 11 hour over the limit. 12 Sec. 11. Section 805.8A, subsection 5, Code 2023, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . 0d. For a violation of section 321.285 that 15 does not involve driving a motor vehicle on a highway in excess 16 of a posted speed limit, the scheduled fine is one hundred 17 thirty-five dollars. 18 Sec. 12. Section 805.8A, subsection 11, paragraph a, 19 subparagraph (2), Code 2023, is amended by striking the 20 subparagraph. 21 Sec. 13. Section 805.8A, subsection 11, paragraph b, Code 22 2023, is amended by striking the paragraph. 23 Sec. 14. Section 805.8A, Code 2023, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 11A. Violations relating to approach of 26 stationary or slow-moving vehicles. For violations of section 27 321.323A, the scheduled fine is one hundred thirty-five 28 dollars. 29 Sec. 15. Section 805.8A, subsection 14, paragraph c, 30 subparagraph (1), Code 2023, is amended to read as follows: 31 (1) For a violation under section 321.445 , the scheduled 32 fine is seventy fifty dollars. 33 Sec. 16. Section 805.8C, Code 2023, is amended by adding the 34 following new subsection: 35 -3- LSB 1961YH (4) 90 th/ns 3/ 6

H.F. 301 NEW SUBSECTION . 3A. Drug paraphernalia violations. For 1 violations of section 124.414, the scheduled fine is two 2 hundred sixty dollars. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill concerns penalties for certain violations of Code 7 chapters 124 (controlled substances) and 321 (motor vehicles 8 and law of the road). 9 Under current law, a person who knowingly or intentionally 10 manufactures, delivers, sells, or possesses drug paraphernalia 11 commits a simple misdemeanor. A simple misdemeanor is 12 punishable by confinement for no more than 30 days and a fine 13 of at least $105 but not more than $855. The bill instead makes 14 the violation a simple misdemeanor punishable as a scheduled 15 violation resulting in a fine of $260. 16 The bill provides that (1) exceeding the posted speed limit 17 by 35 miles per hour (MPH) or more or (2) overtaking and 18 passing another vehicle when approaching the crest of a grade 19 or upon a curve in the highway where the driver’s view along 20 the highway is obstructed for a distance of approximately 700 21 feet, in violation of Code section 321.304(1), is prima facie 22 evidence of reckless driving. A person convicted of reckless 23 driving is guilty of a simple misdemeanor. By operation of 24 law, a person who commits reckless driving, including as 25 described in the bill, commits a class “C” felony if the person 26 unintentionally causes the death of another. A person who 27 commits reckless driving and unintentionally causes a serious 28 injury commits a class “D” felony. A class “C” felony is 29 punishable by confinement for no more than 10 years and a fine 30 of at least $1,370 but not more than $13,660. A class “D” 31 felony is punishable by confinement for no more than five years 32 and a fine of at least $1,025 but not more than $10,245. 33 Under current law, Code section 321.323A requires the 34 operator of a motor vehicle approaching a stationary authorized 35 -4- LSB 1961YH (4) 90 th/ns 4/ 6

H.F. 301 emergency vehicle, towing or recovery vehicle, utility 1 maintenance vehicle, municipal maintenance vehicle, highway 2 maintenance vehicle, construction vehicle, or solid waste 3 or recycling collection service vehicle that is displaying 4 flashing lights to approach the vehicle with due caution and 5 make a lane change into a lane not adjacent to the vehicle if 6 possible in the existing safety and traffic conditions, or 7 if a lane change would be impossible, prohibited by law, or 8 unsafe, reduce the speed of the motor vehicle to a reasonable 9 and proper speed for the existing road and traffic conditions, 10 which speed must be less than the posted speed limit, and be 11 prepared to stop. The bill applies these requirements when 12 approaching slow-moving (15 MPH or less) vehicles described in 13 the bill and requires the operator of a motor vehicle to reduce 14 the speed of the motor vehicle to a speed at least 20 MPH less 15 than the posted speed limit if the operator does not change 16 lanes. The bill makes organizational changes to Code section 17 321.323A and its corresponding penalty provisions. 18 A violation of Code section 321.323A is a simple misdemeanor 19 punishable by a scheduled fine of $135. By operation of law, 20 a person convicted of a violation of Code section 321.323A 21 which resulted in an accident causing bodily injury to or the 22 death of another person may be subject to additional penalties 23 including a fine of $500 for a violation causing bodily injury 24 to another person and a fine of $1,000 for a violation causing 25 death. The department of transportation (DOT) is required to 26 suspend the driver’s license of a person who is convicted of 27 violating Code section 321.323A for 90 days if the violation 28 caused damage to the property of another person; 180 days if 29 the violation caused bodily injury to another person; and one 30 year if the violation caused death. 31 Under current law, the DOT is authorized to establish rules 32 for the suspension of the driver’s license of an operator 33 who committed a serious violation of the motor vehicle laws 34 of this state (Code section 321.210(1)(a)(6)). Pursuant to 35 -5- LSB 1961YH (4) 90 th/ns 5/ 6

H.F. 301 rules adopted by the DOT, a person who fails to reduce the 1 vehicle’s speed or stop the vehicle when meeting a school bus 2 discharging pupils, or slowing to be ready to discharge pupils, 3 commits a serious violation (Code section 321.372(3) and 761 4 IAC 615.17(d)). A person whose license is suspended or revoked 5 by the DOT following a conviction or a forfeiture of bail is 6 required to give proof of financial responsibility (SR-22) 7 with respect to all motor vehicles registered by the person 8 (Code section 321A.17 and 761 IAC 640.6). The bill provides an 9 exception for persons who violate Code section 321.372(3). 10 The bill reduces the scheduled fine for a violation of Code 11 section 321.438 (windshields and windows) from $70 to $35. 12 The bill increases from $5 to $10 the fine for violating 13 a posted speed limit for each MPH over 20 MPH in excess 14 of the limit. The bill makes a violation of Code section 15 321.285 (speed restrictions) that does not involve driving a 16 motor vehicle on a highway in excess of a posted speed limit 17 punishable by a scheduled fine of $135. Such violations 18 include a failure to drive at a careful and prudent speed not 19 greater than nor less than is reasonable and proper, with due 20 regard to the traffic, surface, and width of the highway and of 21 any other conditions then existing, and a failure to drive any 22 vehicle upon a highway at a speed greater than will permit the 23 person to bring the vehicle to a stop within the assured clear 24 distance. 25 The bill reduces the scheduled fine for a violation under 26 Code section 321.445 (safety belts and safety harnesses —— use 27 required) from $70 to $50. 28 -6- LSB 1961YH (4) 90 th/ns 6/ 6