Text: HF02212                           Text: HF02214
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2213

Partial Bill History

Bill Text

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  6    a. (1)  Issue a warning memorandum to the driver.
  1  7    b. (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 14 plates registration 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 and whose license plates and
  1 30 registration have been removed issued 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 the county
  2  6 treasurer clerk of the district court, within thirty days of
  2  7 the time the person's license plates and registration are
  2  8 removed issuance 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 shall return
  2 19 the issue 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 fine of
  2 34 two hundred fifty dollars as 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 fine of two hundred fifty dollars as 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 29    c.  Issue a citation and impound the motor vehicle.  A
  3 30 vehicle which is impounded may be claimed by a person if the
  3 31 owner provides proof of financial liability coverage and pays
  3 32 any applicable fine and the costs of towing and storage for
  3 33 the motor vehicle.  If the motor vehicle is not claimed within
  3 34 thirty days after impoundment, the motor vehicle may be
  3 35 treated 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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