Text: HF02212 Text: HF02214 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.20B, subsection 4, Code Supplement 1 2 1997, is amended to read as follows: 1 3 4. a. If a peace officer stops a motor vehicle and the 1 4 driver is unable to provide proof of financial liability 1 5 coverage, the peace officer shall do one of the following: 1 6a.(1) Issue a warning memorandum to the driver. 1 7b.(2) Issue a citation. 1 8 (3) Issue a citation and remove the motor vehicle's 1 9 license plates and registration from the motor vehicle which 1 10 has been operated on the highways of this state without 1 11 financial liability coverage being in effect for the motor 1 12 vehicle. Upon removing the license plates and registration 1 13 the peace officer shall destroy the plates and forward the 1 14platesregistration to the county treasurer of the county in 1 15 which the plates were issued. The driver of the motor vehicle 1 16 shall have forty-eight hours after receiving the citation to 1 17 continue operating the vehicle. This forty-eight-hour period 1 18 for continued operation is intended only to allow the driver 1 19 to drive the vehicle to the place of residence of the driver 1 20 or owner, as appropriate. 1 21 (4) Issue a citation and impound the motor vehicle. A 1 22 vehicle which is impounded may be claimed by a person if the 1 23 owner provides proof of financial liability coverage and pays 1 24 any applicable fine and the costs of towing and storage for 1 25 the motor vehicle. If the motor vehicle is not claimed within 1 26 thirty days after impoundment, the motor vehicle may be 1 27 treated as an abandoned vehicle pursuant to section 321.89. 1 28 b. An owner or driver of a motor vehicle who is charged 1 29 with a violation of subsection 1 andwhose license plates and1 30registration have been removedissued a citation under 1 31 paragraph "a", subparagraph (2) or (3), is subject to the 1 32 following: 1 33 (1) An owner or driver who produces to the clerk of the 1 34 district court, within thirty days of the issuance of a 1 35 citation under paragraph "a", subparagraph (2), proof that 2 1 financial liability coverage was in effect for the motor 2 2 vehicle at the time the person was stopped and cited, shall 2 3 pay to the clerk of the district court an administrative fee 2 4 of ten dollars. 2 5(1)(2) An owner or driver who produces to thecounty2 6treasurerclerk of the district court, within thirty days of 2 7 thetime the person's license plates and registration are2 8removedissuance of a citation under paragraph "a", 2 9 subparagraph (3) or (4), proof that financial liability 2 10 coverage was in effect for the motor vehicle at the time the 2 11 person was stopped and cited, shall be given a receipt 2 12 indicating that such proof was provided and be subject to one 2 13 of the following: 2 14 (a) If the person was cited pursuant to paragraph "a", 2 15 subparagraph (3), the owner or driver shall provide a copy of 2 16 the receipt to the county treasurer of the county of residence 2 17 of the owner and the owner shall be assessed a fifteen dollar 2 18 administrative fee by the county treasurer who shallreturn2 19theissue new license plates and registration to the person 2 20 after payment of the fee. 2 21 (b) If the person was cited pursuant to paragraph "a", 2 22 subparagraph (4), the owner or driver, after the owner 2 23 provides proof of financial liability coverage to the clerk of 2 24 the district court, may claim the vehicle after such person 2 25 pays any applicable fine and the costs of towing and storage 2 26 for the motor vehicle. 2 27(2)(3) An owner or driver who is unable to show that 2 28 financial liability coverage was in effect for the motor 2 29 vehicle at the time the person was stopped and cited, and 2 30 signs an admission of violation on the citation, may do either 2 31 of the following: 2 32 (a) Sign an admission of violation on the citation and 2 33 remit to the clerk of the district court a scheduled fineof2 34two hundred fifty dollarsas provided in section 805.8, 2 35 subsection 2, for a violation of subsection 1. Upon payment 3 1 of the fine to the clerk of the district court of the county 3 2 where the citation was issued, payment of a fifteen dollar 3 3 administrative fee to the county treasurer of the county of 3 4 residence of the owner, and providing proof of financial 3 5 liability coverage to the county treasurer of the county of 3 6 residence of the owner, the treasurer shall issue new license 3 7 plates and registration to the person. 3 8 (b) Request an appearance before the court on the matter. 3 9 If the matter goes before the court, and the owner or driver 3 10 is found guilty of a violation of subsection 1, the court may 3 11 impose a fineof two hundred fifty dollarsas provided in 3 12 section 805.8, subsection 2, for a violation of subsection 1, 3 13 or the court may order the person to perform unpaid community 3 14 service instead of the fine. Upon the payment of the fine or 3 15 the entry of the order for unpaid community service, the 3 16 person shall provide proof of payment or entry of such order 3 17 and the county treasurer of the county of residence of the 3 18 person shall issue new license plates and registration to the 3 19 person upon the person providing proof of financial liability 3 20 coverage and paying a fifteen dollar administrative fee to the 3 21 county treasurer. 3 22(3)(4) An owner or driver who fails to provide to the 3 23 county treasurer, within thirty days of the time the person's 3 24 registration plates are removed, proof that financial 3 25 liability coverage was in effect for the motor vehicle at the 3 26 time the person was stopped and cited, and does not sign an 3 27 admission of violation on the citation, shall not have the 3 28 person's license plates or registration returned. 3 29c. Issue a citation and impound the motor vehicle. A3 30vehicle which is impounded may be claimed by a person if the3 31owner provides proof of financial liability coverage and pays3 32any applicable fine and the costs of towing and storage for3 33the motor vehicle. If the motor vehicle is not claimed within3 34thirty days after impoundment, the motor vehicle may be3 35treated as an abandoned vehicle pursuant to section 321.89.4 1 EXPLANATION 4 2 This bill amends the motor vehicle mandatory financial 4 3 responsibility law and provides an additional option for law 4 4 enforcement. The bill provides that a peace officer may issue 4 5 a citation in addition to the current options which include 4 6 issuing of a warning memorandum, issuing a citation and 4 7 removing the motor vehicle plates and registration, and 4 8 issuing a citation and impounding the vehicle. A person 4 9 issued a citation who provides proof within 30 days of the 4 10 issuance of the citation that financial liability coverage was 4 11 in effect for the motor vehicle at the time the person was 4 12 cited shall pay to the clerk of the district court a $10 4 13 administrative fee. A driver who is cited for a violation and 4 14 whose license plates and registration are removed is also 4 15 allowed to drive the motor vehicle to the place of residence 4 16 of the driver or owner of the motor vehicle. 4 17 LSB 3677HH 77 4 18 mj/sc/14
Text: HF02212 Text: HF02214 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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