Speeding fines amendments-2.

ORIGINAL
House
ENGROSSED
Bill No
.
HB0093

ENROLLED ACT NO. 56,

HOUSE OF REPRESENTATIVES

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2018 Budget Session

AN ACT relating to regulation of traffic on highways; amending and reorganizing provisions relating to fines and fees for speeding violations; imposing a police officer continuing education and training fee; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S.
5
‑
3
‑
205(a) by creating a new paragraph (iii),
5
‑
9
‑
144,
9
‑
1
‑
633(n),
31
‑
5
‑
1201(d)(v), by creating new paragraphs (vi) through (viii), (e)
,
(g)
and by creating a new subsection (h)

are
amended to read:

5
‑
3
‑
205
.

Collection of fees in advance; payment to treasurer; liability for collection.

(a)

All fees prescribed by statute for civil business, shall be collected in advance by the clerk and except as otherwise provided in this section shall be paid to the treasurer of the county at the end of each month. The clerk shall be liable under his bond for the collection and payment of such fees. The clerk shall remit:

(iii)

The police officer
continuing education
and training

fee prescribed by W.S. 31
‑
5
‑
1201(h) to the
account in the enterprise fund

under
W.S.
9
‑
1
‑
633(n)
at the end of each month
.

5
‑
9
‑
144
.

Receipts for money paid into court.

When any money is paid into a circuit court, a receipt for said amount shall be issued promptly upon a form prescribed by the Wyoming supreme court. The receipts shall be prenumbered in numerical sequence. The original copy shall be delivered to a payor making payment by cash or in
person, otherwise the original shall be attached to the court file. A copy shall be filed in the office of the issuing judge. The receipts shall be prenumbered by the printer, and the printer shall give to the supreme court a receipt showing the numbers so printed. Except as provided in W.S. 5
‑
9
‑
106, the circuit court shall pay all fines, forfeitures and other penalties to the county treasurer and all fees, costs and other receipts to the state treasurer. The court automation fee prescribed by W.S. 5
‑
9
‑
135 or established by court rule shall be deposited by the state treasurer into the judicial systems automation account established by W.S. 5
‑
2
‑
120. The indigent civil legal services fee prescribed by W.S. 5
‑
9
‑
135 shall be deposited by the state treasurer into the indigent civil legal services account established by W.S. 5
‑
2
‑
121.
The police officer continuing education
and training
fee prescribed by W.S.

31
‑
5
‑
1201(h) shall be deposited by the state treasurer into the account in the enterprise fund under W.S.

9
‑
1
‑
633(n).

9
‑
1
‑
633
.

Wyoming law enforcement academy; director; appointment; term; qualifications; employees; salaries; curriculum and training programs; fees; disposition.

(n)

Revenues received pursuant to subsections (e), (f), (g), (j) and (m) of this section and W.S. 9
‑
1
‑
635
and 31
‑
5
‑
1201(h)
shall be credited to an account in the enterprise fund and are continuously appropriated to the attorney general to be expended for the actual direct and indirect costs of providing the services
generating
for which
the

revenues

are generated
.

31
‑
5
‑
1201
.

Violation of provisions to constitute misdemeanor; penalties
; officer train
i
ng
fee
.

(d)

Except as provided in subsection (g) of this section:

(v)

Notwithstanding W.S. 5
‑
9
‑
107, court
fees and
costs for violations of W.S. 31
‑
5
‑
301(b)
(iii), (iv), (vi) or (vii)

or (c)

and the training fee
imposed
under subsection (h) of this section
shall not be assessed for speeds
up to

through
five (5) miles per hour over the speed limits authorized by W.S. 31
‑
5
‑
301(b)
(iii), (iv), (vi) or (vii).

or (c);

(vi)

Except for violations in construction or school zones, every person convicted of a violation of W.S. 31
‑
5
‑
301(b)(iii), (iv), (vi), (vii) or (c):

(A)

For speeds less than six (6) miles per hour over the legal speed limit, shall be fined
five
dollars ($
5
.00) for each mile per hour
in excess of
the legal s
peed limit not to exceed twenty-five dollars ($25
.00)
;

(B)

For speeds six (6) through ten (10) miles per hour over the legal speed limit, shall be fined
thirty
dollars ($
30
.00) plus
two
dollar
s
($
2
.00) for each mile per hour
in excess of
five (5) miles per hour over the legal speed limit plus assessed fees and costs;

(C)

For speeds eleven (11) through twenty (20) miles per hour over the legal speed limit, shall be fined
forty
-five
dollars ($
4
5
.00) plus
five
dollars ($
5
.00) for each mile per hour
in excess of
ten (10) miles per hour over the legal speed limit plus assessed fees and costs;

(D)

For speeds more than twenty (20) miles per hour over the legal speed limit, shall be fined
ninety
‑
five
dollars ($
9
5
.00) plus
five
dollars ($
5
.00) for each mile per hour
in excess of
twenty (20) miles per hour over the legal speed limit plus assessed fees and costs.

(vii)

Every person convicted of a violation of W.S. 31
‑
5
‑
301(b)(ii) or speeding in a construction zone:

(A)

For speeds less than six (6) miles per hour over the legal speed limit, shall be fined
sixty-five
dollars ($
65
.00) plus
two
dollar
s
($
2
.00) for each mile per hour
in excess of
the legal speed limit;

(B)

For speeds six (6) through ten (10) miles per hour over the legal speed limit, shall be fined
forty
dollars ($
40
.00) plus
seven
dollars ($
7
.00) for each mile per hour
in excess of
five (5) miles per hour over the legal speed limit plus assessed fees and costs;

(C)

For speeds eleven (11) through twenty (20) miles per hour over the legal speed limit, shall be fined
ninety
‑
five
dollars ($
9
5
.00) plus
seven
dollars ($
7
.00) for each mile per hour
in excess of
ten (10) miles per hour over the legal speed limit plus assessed fees and costs;

(D)

For speeds more than twenty (20) miles per hour over the legal speed limit, shall be fined one hundred
ninety
‑
five
dollars ($1
9
5
.00) plus
seven dollars ($7
.00) for each mile per hour
in excess of
twenty (20) miles per hour over the legal speed limit plus assessed fees and costs.

(viii)

Every person convicted of a violation of

speeding in a school zone under W.S. 31
‑
5
‑
301(b)(i):

(A)

For speeds less than six (6) miles per hour over the legal speed limit, shall be fined
fifty
dollars ($
50
.00) plus
two
dollar
s
(
$
2
.00
) for each mile per hour
in excess of
the legal speed limit;

(B)

For speeds six (6) through ten (10) miles per hour over the legal speed limit, shall be fined
ninety
‑
five
dollars ($
9
5
.00) plus
ten
dollars ($
10
.00) for each mile per hour
in excess of
five (5) miles per hour over the legal speed limit plus assessed fees and costs;

(C)

For speeds more than ten (10) miles per hour over the legal speed limit, shall be fined
two
hundred dollars ($
200
.00) plus
ten dollars ($10
.00) for each mile per hour
in excess of
ten (10) miles per hour over the legal speed limit plus assessed fees and costs;

(D)

Upon any subsequent conviction of exceeding the legal speed limit in a school zone as provided in W.S. 31
‑
5
‑
301(b)(i) by more than ten (10) miles per hour within one (1) year, a person shall be fined not less than three hundred
ninety-five
dollars ($3
95
.00) nor more than
one thousand
dollars ($
1,0
00.00)
plus assessed fees and costs
.

(e)

Any person convicted of a violation of W.S. 31
‑
5
‑
507(a)
or convicted of exceeding the posted speed limit in a school zone as provided in W.S. 31
‑
5
‑
301(b)(i) by more than ten (10) miles per hour
shall be fined not less than
two hundred dollars ($200.00)
one hundred
ninety
‑
five
dollars ($1
9
5
.00)
nor more than
seven hundred fifty dollars ($750.00)
seven
hundred
forty-five
dollars ($
745
.00)
plus assessed fees and costs
. Upon any subsequent conviction of
either
a violation of W.S. 31
‑
5
‑
507(a)
or a conviction of exceeding the posted speed limit in a school
zone as provided in W.S. 31
‑
5
‑
301(b)(i) by more than ten (10) miles per hour
within one (1) year, a person shall be fined not less than
four hundred dollars ($400.00)
three hundred
ninety-five
dollars ($3
9
5
.00)
nor more than
one thousand dollars ($1,000.00)
nine
hundred
ninety-five
dollars ($
995
.00)
plus assessed fees and costs
.

(g)

In addition to any other penalty, every person convicted of violating W.S. 31
‑
5
‑
301(b)
,

(iii), (iv), (vi), (vii) or
(c) or 31
‑
5
‑
302 by exceeding the
posted
legal
speed limit by six (6) or more miles per hour
,
while operating a vehicle or combination of vehicles with a gross vehicle weight or gross vehicle weight rating exceeding thirty
‑
nine thousand (39,000) pounds shall be fined
three hundred dollars ($300.00)
two hundred
ninety
‑
five
dollars ($2
9
5
.00)
plus assessed fees and costs
.

(h)

Every person convicted of a violation for which a
fine or
penalty is set forth under
this
section
shall have imposed
in addition to the
prescribed
fine or penalty
and any court fees
a police officer
continuing education
and training

fee of f
ive
dollars ($
5
.00)
except as provided in paragraph (d)(v) of this section
.
The fee shall be
for police officer
as defined in W.S. 31
‑
5
‑
102(a)(xxxiii)
continuing education and training that complies with standards promulgated by the peace officers standards and training commission and shall be
remitte
d

as provided by W.S.

5
‑
3
‑
205(a)(iii) and 5
‑
9
‑
144
to the account in
the enterprise fund under W.S.
9
‑
1
‑
633(n)
.

Section 2
.

W.S. 31
‑
5
‑
1201(d)(i) through (iii) is repealed.

Section
3
.

This act is effective July 1, 201
8
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
House
.

Chief Clerk

1