Text: HF02162 Text: HF02164 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 321A.6, Code 1995, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 5. If, prior to the date that the
1 4 department would otherwise suspend the person's license and
1 5 registration or nonresident's operating privilege under
1 6 section 321A.5, there shall be filed with the department a
1 7 notarized affidavit indicating the following:
1 8 a. That the person required to file security under this
1 9 chapter requested that the other party enter into a settlement
1 10 agreement and requested that the other party respond, in
1 11 writing, within thirty days of receipt of the request.
1 12 b. That the request was sent by restricted certified mail
1 13 to the other party's last known address.
1 14 c. That a return receipt was received and that the other
1 15 party failed to respond within thirty days of receipt of the
1 16 request.
1 17 Only the party making the request to enter into a
1 18 settlement agreement may be exempted under this subsection
1 19 from the requirements of this chapter.
1 20 EXPLANATION
1 21 Chapter 321A applies to owners and operators of motor
1 22 vehicles who do not have automobile insurance. Current law
1 23 requires the state department of transportation to suspend the
1 24 motor vehicle license of an operator and the registration of
1 25 an owner of a motor vehicle involved in a motor vehicle
1 26 accident which has resulted in bodily injury, death, or damage
1 27 in excess of $500 unless the owner or operator deposits
1 28 security which is sufficient to satisfy any judgment for
1 29 damages resulting from the accident. The department may
1 30 suspend the license and registration within 60 days of receipt
1 31 of the accident report.
1 32 Section 321A.6 provides for exceptions to filing security
1 33 if there was no injury or damage caused to a person or
1 34 property other than the operator or owner; if the motor
1 35 vehicle was stopped, standing, or parked; if the motor vehicle
2 1 was being operated without the owner's permission; and if
2 2 prior to the date the department would suspend the license and
2 3 registration, the person files evidence that the person is
2 4 released from liability, been finally adjudicated not to be
2 5 liable or has executed a warrant for confession of judgment,
2 6 or has executed a written agreement providing for payment of
2 7 an agreed amount in installments.
2 8 This bill adds another exception which prohibits the
2 9 department from suspending the license and registration if the
2 10 person files a notarized affidavit with the department that
2 11 the person has attempted to settle the claim. The bill
2 12 requires that to show this the person required to file
2 13 security under this chapter must request that the other party
2 14 enter into a settlement agreement and request that the other
2 15 party respond, in writing, within 30 days of receipt of the
2 16 request. The request must be made by restricted certified
2 17 mail at the other party's last known address. A return
2 18 receipt must be received and the other party must have failed
2 19 to respond within 30 days of receipt of the request. The bill
2 20 provides that only the requesting person shall be credited
2 21 with complying with the security requirements of chapter 321A.
2 22 LSB 3694HH 76
2 23 js/jj/8
Text: HF02162 Text: HF02164 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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