Bill Text: IA HF343 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the improper use of a persons with disabilities parking permit and applicable penalties. (Formerly HSB 109)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2015-02-18 - Introduced, referred to Judiciary. H.J. 353. [HF343 Detail]

Download: Iowa-2015-HF343-Introduced.html

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House File 343 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON LOCAL
                                     GOVERNMENT

                                 (SUCCESSOR TO HSB 109)

                                      A BILL FOR

  1 An Act relating to the improper use of a persons with
  2    disabilities parking permit and applicable penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1723HV (1) 86
    aw/nh

PAG LIN



  1  1    Section 1.  Section 321.236, subsection 1, paragraph b, Code
  1  2 2015, is amended to read as follows:
  1  3    b.  Parking violations which are uncontested shall be charged
  1  4 and collected upon a simple notice of a fine payable to the
  1  5 city clerk. The fine for each violation charged under a simple
  1  6 notice of a fine shall be established by ordinance. The fine
  1  7 may be increased by five dollars if the parking violation
  1  8 is not paid within thirty days of the date upon which the
  1  9 violation occurred. Violations For violations of section
  1 10 321L.4, subsection 2, shall be charged and collected a city
  1 11 may charge and collect upon a simple notice of a one hundred
  1 12 dollar fine payable to the city clerk. Costs or other charges
  1 13 shall not be assessed. All fines collected by a city pursuant
  1 14 to this paragraph shall be retained by the city and all fines
  1 15 collected by a county pursuant to this paragraph shall be
  1 16 retained by the county, except as provided by an agreement
  1 17 between a city and a county treasurer for the collection of
  1 18 fines pursuant to section 331.553, subsection 8.
  1 19    Sec. 2.  Section 321L.4, subsection 2, Code 2015, is amended
  1 20 to read as follows:
  1 21    2.  a.  The use of a persons with disabilities parking space,
  1 22 located on either public or private property as provided in
  1 23 sections 321L.5 and 321L.6, by an operator of a vehicle not
  1 24 displaying a persons with disabilities parking permit; by an
  1 25 operator of a vehicle displaying a persons with disabilities
  1 26 parking permit but not being used by a person issued a permit
  1 27 or being transported in accordance with section 321L.2,
  1 28 subsection 1, paragraph "b"; or by a vehicle in violation
  1 29 of the rules adopted by the department under section 321L.8,
  1 30 constitutes improper use of a persons with disabilities parking
  1 31 permit, which is a misdemeanor for which a scheduled fine shall
  1 32 be imposed under paragraph "b", upon the owner, operator, or
  1 33 lessee of the vehicle or the person to whom the persons with
  1 34 disabilities parking permit is issued.
  1 35    b.  (1)  The scheduled fine for each violation shall be as
  2  1 established in section 805.8A, subsection 1, paragraph "c".
  2  2    (2)  In lieu of the scheduled fine described in subparagraph
  2  3 (1), a city may charge and collect upon a simple notice of a one
  2  4 hundred dollar fine pursuant to section 321.236, subsection 1,
  2  5 paragraph "b".
  2  6    c.  Proof of conviction of two or more violations involving
  2  7 improper use of a persons with disabilities parking permit
  2  8 is grounds for revocation by the court or the department of
  2  9 the holder's privilege to possess or use the persons with
  2 10 disabilities parking permit.
  2 11                           EXPLANATION
  2 12 The inclusion of this explanation does not constitute agreement with
  2 13 the explanation's substance by the members of the general assembly.
  2 14    This bill relates to the improper use of a persons with
  2 15 disabilities parking permit. Under current law, improper use
  2 16 of a persons with disabilities parking permit is a misdemeanor
  2 17 subject to separate fines under Code sections 321.236 and
  2 18 805.8A.  The bill provides that a local authority may charge
  2 19 and collect upon a simple notice of a $100 fine, payable to the
  2 20 city clerk in lieu of a scheduled fine of $200 charged under
  2 21 Code section 805.8A.  Current Code section 805.8A, subsection
  2 22 1, paragraph "a", provides that violations charged by a city
  2 23 or county upon simple notice of a fine instead of a uniform
  2 24 citation and complaint are not scheduled violations.
       LSB 1723HV (1) 86
       aw/nh