Text: HF02352 Text: HF02354 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 321A.6, subsection 4, Code 1995, is
1 2 amended to read as follows:
1 3 4. If, prior to the date that the department would
1 4 otherwise suspend license and registration or nonresident's
1 5 operating privilege under section 321A.5, there shall be filed
1 6 with the department evidence satisfactory to the department
1 7 that the person who would otherwise have to file security has
1 8 been released from liability or been finally adjudicated not
1 9 to be liable or has executed a warrant for confession of
1 10 judgment, payable when and in such installments as the parties
1 11 have agreed to, or has provided evidence satisfactory to the
1 12 department that the person has made a reasonable and diligent
1 13 attempt to adjudicate or settle any claim of liability
1 14 associated with the accident, but has been unable to do so as
1 15 a result of the action or inaction of another person involved
1 16 in the accident to whom the person may be liable, or has
1 17 executed a duly acknowledged written agreement providing for
1 18 the payment of an agreed amount in installments, with respect
1 19 to all claims for injuries or damages resulting from the
1 20 accident; provided, however, in the event there shall be any
1 21 default in the payment of any installment under any confession
1 22 of judgment, then, upon notice of such default, the department
1 23 shall forthwith suspend the license and registration or
1 24 nonresident's operating privilege of such person defaulting
1 25 which shall not be restored unless and until the entire amount
1 26 provided for in said confession of judgment has been paid; and
1 27 provided, further, that in the event there shall be any
1 28 default in the payment of any installment under any duly
1 29 acknowledged written agreement, then, upon notice of such
1 30 default, the department shall forthwith suspend the license
1 31 and registration or nonresident's operating privilege of such
1 32 person defaulting which shall not be restored unless and
1 33 until:
1 34 a. Such person deposits and thereafter maintains security
1 35 as required under section 321A.5 in such amount as the
2 1 department may then determine; or
2 2 b. Twelve months after such security was required,
2 3 provided the department has not been notified that an action
2 4 upon such an agreement has been instituted in a court in this
2 5 state within one year after such security was required.
2 6 EXPLANATION
2 7 This bill provides that a person subject to providing proof
2 8 of financial responsibility is exempt from the security and
2 9 suspension provision of section 321A.5 if the person has
2 10 provided evidence satisfactory to the state department of
2 11 transportation that the person has made a reasonable and
2 12 diligent attempt to adjudicate or settle any claim of
2 13 liability resulting from an accident, but has been unable to
2 14 do so as a result of the action or inaction of another person
2 15 to whom the person may be liable.
2 16 LSB 3845HH 76
2 17 mj/jj/8
Text: HF02352 Text: HF02354 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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