HF 2023 (LSB 5618YH (3) 91)

HOUSE FILE 2023

BY  MEGGERS

A BILL FOR

An Act relating to speed limits, including the speed limit in school districts and the penalty for speeding in excess of twenty miles per hour over the limit.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.285, subsection 2, paragraph a, subparagraphs (1) and (2), Code 2026, are amended to read as follows:
   (1)  Twenty miles per hour in any a business district or school district.
   (2)  Twenty-five miles per hour in any a residence or school district.
    Sec. 2.  Section 805.8A, subsection 5, paragraph a, subparagraph (5), Code 2026, is amended to read as follows:
   (5)  One Two hundred thirty-five eighty-five dollars plus five dollars for each mile per hour of excessive speed over twenty miles per hour over the limit.
    Sec. 3.  IMPLEMENTATION.  Notwithstanding section 321.252, 321.255, 321.285, or any other provision of law to the contrary, when updating speed limit signs as a result of the enactment of this Act, a county or city, as applicable, may attach nonpermanent overlays or stickers approved by the department of transportation to existing speed limit signs in order to display the new speed limit. The nonpermanent overlays or stickers may be used until the applicable speed limit sign is replaced based on the county’s or city’s respective replacement schedule and any applicable specifications or requirements.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, the speed limit in a school district is 25 miles per hour (MPH). Each school district must be marked by distinctive signs as provided by the current manual of uniform traffic control devices adopted by the department of transportation and placed on the highway at the limits of such school district. For purposes of Code chapter 321 (motor vehicles and law of the road), “school district” means the territory contiguous to and including a highway for a distance of 200 feet in either direction from a schoolhouse in a city. This bill reduces the speed limit from 25 MPH to 20 MPH in a school district.
   Pursuant to current law, county boards of supervisors (Code section 321.285(4)) and city councils (Code section 321.290(2)) are authorized to determine and declare a reduced speed limit that is reasonable and proper on secondary roads or city streets, as applicable, based on an engineering and traffic investigation. Such speed limit becomes effective when proper and appropriate signs giving notice of the speed limit are erected. The bill authorizes a county or city, as applicable, when updating speed limit signs as a result of the bill, to attach nonpermanent overlays or stickers approved by the department of transportation to existing speed limit signs in order to display the new speed limit. The nonpermanent overlays or stickers may be used until the applicable speed limit sign is replaced based on the county’s or city’s respective replacement schedule and any applicable specifications or requirements.
   Under current law, a person who operates a motor vehicle in excess of a speed limit under Code section 321.236(5, 11) 
(public parks and alleys), Code section 321.285 (speed restrictions generally), Code section 321.383(5) (implements of husbandry), Code section 321O.5(1) (personal delivery devices), or Code section 461A.36 (state parks and preserves), commits a simple misdemeanor punishable by a scheduled fine that varies depending on the excessive speed. The fine ranges from $30 for a speed in excess of the limit by not more than 5 MPH to $135 plus $5 for each MPH of excessive speed over 20 MPH over the limit. The bill increases the scheduled fine for excessive speed over 20 MPH over the limit to $285 plus $5 for each MPH of excessive speed over 20 MPH over the limit.