Text: HF02362 Text: HF02364 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.20B, subsections 1, 2, and 3, Code 1 2 Supplement 1997, are amended to read as follows: 1 3 1. Notwithstanding chapter 321A, which requires certain 1 4 persons to maintain proof of financial responsibility, a 1 5 person shall not drive a motor vehiclewhich is registered in1 6this stateon the highways of this state unless financial 1 7 liability coverage, as defined in section 321.1, subsection 1 8 24A, is in effect for the motor vehicle and unless the driver 1 9 has in the motor vehicle the proof of financial liability 1 10 coverage card issued for the motor vehicle, or if the vehicle 1 11 is registered in another state, other evidence that financial 1 12 liability coverage is in effect for the motor vehicle. 1 13 This subsection does not apply to the operator of a motor 1 14 vehicle owned by or leased to the United States, this state or 1 15 another state, or any political subdivision of this state or 1 16 of another state, or to a motor vehicle which is subject to 1 17 section325.26, 327.15, 327A.5,325A.6 or 327B.6. 1 18 2. a. An insurance company transacting business in this 1 19 state shall issue to its insured owners of motor vehicles 1 20 registered in this state a financial liability coverage card 1 21 for eachregisteredmotor vehicle insured. Each financial 1 22 liability coverage card shall identify the registration number 1 23 or vehicle identification number of the motor vehicle insured 1 24 and shall indicate the expiration date of the applicable 1 25 insurance coverage. The financial liability coverage card 1 26 shall also contain the name and address of the insurer, the 1 27 name of the insured, the type of coverage provided, and an 1 28 emergency telephone number of the insurer. 1 29 b. The insurance division and the department, as 1 30 appropriate, shall adopt rules regarding the contents of a 1 31 financial liability coverage card to be issued pursuant to 1 32 this section. Notwithstanding the provisions of this section, 1 33 a fleet ownershallis notberequired to maintain in each 1 34 vehicle a financial liability coverage card with the 1 35 individual registration number or the vehicle identification 2 1 number of the vehicle included on the card. Such fleet owner 2 2 shall be required to maintain a financial liability coverage 2 3 card in each vehicle in the fleet including information deemed 2 4 appropriate by the commissioner of insurance or the director, 2 5 as applicable. 2 6 3. If the financial liability coverage for a motor vehicle 2 7 which is registered in this state is canceled or terminated 2 8 effective prior to the expiration date indicated on the 2 9 financial liability coverage card issued for the vehicle, the 2 10 person to whom the financial liability coverage card was 2 11 issued shall destroy the card. 2 12 Sec. 2. Section 321.20B, subsections 4 and 5, Code 2 13 Supplement 1997, are amended by striking the subsections and 2 14 inserting in lieu thereof the following: 2 15 4. a. If a peace officer stops a motor vehicle registered 2 16 in this state and the driver is unable to provide proof of 2 17 financial liability coverage, the peace officer shall do one 2 18 of the following: 2 19 (1) Issue a warning memorandum to the driver. 2 20 (2) Issue a citation and remove the motor vehicle's 2 21 license plates and registration receipt. Upon removing the 2 22 license plates and registration receipt, the peace officer 2 23 shall deliver the plates for destruction, as appropriate, and 2 24 forward the registration receipt and evidence of the 2 25 violation, as determined by the department, to the county 2 26 treasurer of the county in which the vehicle is registered. 2 27 The driver of the motor vehicle may drive the motor vehicle 2 28 for a time period of up to forty-eight hours after receiving 2 29 the citation solely for the purpose of removing the motor 2 30 vehicle from the highways of this state. 2 31 After receiving the citation, the driver shall keep the 2 32 citation in the motor vehicle at all times while driving the 2 33 motor vehicle as provided in this subparagraph, as proof of 2 34 the driver's privilege to drive the motor vehicle for such 2 35 limited time and purpose. 3 1 (3) (a) Issue a citation, remove the motor vehicle's 3 2 license plates and registration receipt, and impound the motor 3 3 vehicle. The peace officer shall deliver the plates for 3 4 destruction, as appropriate, and forward the registration 3 5 receipt and evidence of the violation, as determined by the 3 6 department, to the county treasurer of the county in which the 3 7 vehicle is registered. 3 8 (b) A vehicle which is impounded may be claimed by a 3 9 person if the owner provides proof of financial liability 3 10 coverage and proof of payment of any applicable fine and the 3 11 costs of towing and storage for the motor vehicle. If the 3 12 motor vehicle is not claimed within thirty days after 3 13 impoundment, the motor vehicle may be treated as an abandoned 3 14 vehicle pursuant to section 321.89. 3 15 (c) The holder of a security interest in a motor vehicle 3 16 which is impounded pursuant to this subparagraph shall be 3 17 notified of the impoundment within seventy-two hours of the 3 18 impoundment of the motor vehicle and shall have the right to 3 19 claim the motor vehicle upon the payment of all fees. 3 20 b. An owner or driver of a motor vehicle who is charged 3 21 with a violation of subsection 1 and issued a citation under 3 22 paragraph "a", subparagraph (2) or (3), is subject to the 3 23 following: 3 24 (1) An owner or driver who produces to the clerk of court, 3 25 within thirty days of the issuance of the citation under 3 26 paragraph "a", or prior to the date of the individual's court 3 27 appearance as indicated on the citation, whichever is earlier, 3 28 proof that financial liability coverage was in effect for the 3 29 motor vehicle at the time the person was stopped and cited, 3 30 or, if the driver is not the owner of the motor vehicle, proof 3 31 that liability coverage was in effect for the driver with 3 32 respect to the motor vehicle being driven at the time the 3 33 driver was stopped and cited, in the same manner as if the 3 34 motor vehicle were owned by the driver, shall be given a 3 35 receipt indicating that such proof was provided and be subject 4 1 to one of the following: 4 2 (a) If the person was cited pursuant to paragraph "a", 4 3 subparagraph (2), the owner or driver shall provide a copy of 4 4 the receipt to the county treasurer of the county of residence 4 5 of the owner and the owner shall be assessed a fifteen dollar 4 6 administrative fee by the county treasurer who shall issue new 4 7 license plates and registration to the person after payment of 4 8 the fee. 4 9 (b) If the person was cited pursuant to paragraph "a", 4 10 subparagraph (3), the owner or driver, after the owner 4 11 provides proof of financial liability coverage to the clerk of 4 12 court, may claim the vehicle after such person pays any 4 13 applicable fine and the costs of towing and storage for the 4 14 motor vehicle, and pays to the county treasurer of the county 4 15 of residence of the owner a fifteen dollar administrative fee, 4 16 and the county treasurer shall issue new license plates and 4 17 registration to the person. 4 18 (2) An owner or driver who is charged with a violation of 4 19 subsection 1 and is unable to show that financial liability 4 20 coverage was in effect for the motor vehicle at the time the 4 21 person was stopped and cited may do either of the following: 4 22 (a) Sign an admission of violation on the citation and 4 23 remit to the clerk of court a scheduled fine as provided in 4 24 section 805.8, subsection 2, for a violation of subsection 1. 4 25 Upon payment of the fine to the clerk of court of the county 4 26 where the citation was issued, payment of a fifteen dollar 4 27 administrative fee to the county treasurer of the county in 4 28 which the vehicle is registered, and providing proof of 4 29 payment of any applicable fine and proof of financial 4 30 liability coverages to the county treasurer of the county in 4 31 which the vehicle is registered, the treasurer shall issue new 4 32 license plates and registration to the owner. 4 33 (b) Request an appearance before the court on the matter. 4 34 If the matter goes before the court, and the owner or driver 4 35 is found guilty of a violation of subsection 1, the court may 5 1 impose a fine as provided in section 805.8, subsection 2, for 5 2 a violation of subsection 1, or the court may order the person 5 3 to perform unpaid community service instead of the fine. Upon 5 4 the payment of the fine or the entry of the order for unpaid 5 5 community service, the person shall provide proof of payment 5 6 or entry of such order and the county treasurer of the county 5 7 in which the vehicle is registered shall issue new license 5 8 plates and registration to the owner upon the owner providing 5 9 proof of financial liability coverage and paying a fifteen 5 10 dollar administrative fee to the county treasurer. 5 11 5. If the motor vehicle is not registered in this state 5 12 and the driver is a nonresident, the peace officer shall issue 5 13 a citation and the department shall suspend the driver's 5 14 privilege of operating a motor vehicle within this state. The 5 15 driver shall have thirty days to provide to the department 5 16 proof of financial responsibility. If the driver provides 5 17 such proof, the department shall restore the driver's 5 18 nonresident operating privilege after payment of a fifteen 5 19 dollar administrative fee. If the driver is unable to provide 5 20 such proof, the driver shall be subject to a fine as provided 5 21 in section 805.8, subsection 2, for a violation of subsection 5 22 1. 5 23 Sec. 3. Section 321.20B, subsections 6 and 7, Code 5 24 Supplement 1997, are amended to read as follows: 5 25 6. This sectionapplies to a motor vehicle subject to5 26registration under this chapter other thandoes not apply to a 5 27 motor vehicle identified in section 321.18, subsections 1 5 28 through 6, and subsection 8. 5 29 7. This section does not apply to a motor vehicle owned by 5 30 a motor vehicle dealer or wholesaler licensed pursuant to 5 31 chapter 322. 5 32 Sec. 4. Section 321.57, unnumbered paragraph 1, Code 5 33 Supplement 1997, is amended to read as follows: 5 34 A dealer owning any vehicle of a type otherwise required to 5 35 be registered under this chapter may operate or move the 6 1 vehicle upon the highways solely for purposes of transporting, 6 2 testing, demonstrating, or selling the vehicle without 6 3 registering the vehicle, upon condition that the vehicle 6 4 display in the manner prescribed in sections 321.37 and 321.38 6 5 a special plate issued to the owner as provided in sections 6 6 321.58 to 321.62.However, if the vehicle is a motor vehicle,6 7the dealer, if subject to section 321.20B, shall maintain6 8financial liability coverage for the motor vehicle as required6 9under section 321.20B. AAdditionally, a new car dealer or a 6 10 used car dealer may operate or move upon the highways a new or 6 11 used car or trailer owned by the dealer for either private or 6 12 business purposes without registering it if the new or used 6 13 car or trailer is in the dealer's inventory and is 6 14 continuously offered for sale at retail, and there is 6 15 displayed on it a special plate issued to the dealer as 6 16 provided in sections 321.58 to 321.62. 6 17 Sec. 5. NEW SECTION. 322.27A WHOLESALER'S LICENSE. 6 18 A person shall not engage in business as a wholesaler of 6 19 motor vehicles in this state without a license as provided in 6 20 this chapter. 6 21 Prior to the issuance of such license, the department, at a 6 22 minimum, and in addition to any other information the 6 23 department deems necessary to the application, shall require 6 24 proof that the applicant has financial liability coverage as 6 25 defined in section 321.1, except that such coverage shall be 6 26 in limits of not less than one hundred thousand dollars 6 27 because of bodily injury to or death of one person in any one 6 28 accident and, subject to the limit for one person, three 6 29 hundred thousand dollars because of bodily injury to or death 6 30 of two or more persons in any one accident, and fifty thousand 6 31 dollars because of injury to or destruction of property of 6 32 others in any one accident. 6 33 Sec. 6. Section 805.8, subsection 2, paragraph ah, Code 6 34 Supplement 1997, is amended to read as follows: 6 35 ah. If, in connection with a motor vehicle accident,a 7 1 person is charged and found guilty of a violation of section 7 2 321.20B, subsection 1, the scheduled fine is one hundred 7 3 dollars. 7 4 Sec. 7. 1997 Iowa Acts, chapter 139, section 18, is 7 5 repealed. 7 6 Sec. 8. EFFECTIVE DATE AND RETROACTIVE APPLICABILITY. 7 7 This Act, being deemed of immediate importance, takes effect 7 8 upon enactment and applies retroactively to July 1, 1997. 7 9 EXPLANATION 7 10 This bill amends provisions relating to the motor vehicle 7 11 mandatory financial responsibility legislation passed during 7 12 the 1997 legislative session. 7 13 Code section 321.20B is amended to strike language which 7 14 establishes a scheduled fine of $250. Language is included 7 15 referencing Code section 805.8, subsection 2, which lists a 7 16 number of scheduled fines. The scheduled fine currently in 7 17 the Code section for a violation of Code section 321.20B is 7 18 initially $100. The fine is increased to $250 effective July 7 19 1, 1999, pursuant to the 1997 legislation. 7 20 Code section 321.20B is amended by striking language 7 21 requiring the state department of transportation to establish, 7 22 by rule, criteria for determining whether to impound a vehicle 7 23 or remove the license plates and registration for a violation. 7 24 Procedures for citation and impoundment are now specified in 7 25 the bill. 7 26 Code section 321.57 is amended and Code section 322.27A is 7 27 created to provide a special financial responsibility 7 28 requirement for motor vehicle wholesalers. 7 29 Code section 805.8, subsection 2, is amended to apply the 7 30 $100 scheduled fine to all instances where a person is charged 7 31 and found guilty of a violation of section 321.20B. 7 32 Currently, such fine applies if the person is found guilty in 7 33 connection with a motor vehicle accident. 7 34 The bill specifies the manner in which sanctions will be 7 35 applied to operators of vehicles registered both in this state 8 1 and in other states. 8 2 The bill amends House File 514 as enacted during the 1997 8 3 regular session by repealing the conditional effectiveness 8 4 language relating to state mandates. 8 5 The bill is effective upon enactment and retroactively 8 6 applicable to July 1, 1997. 8 7 LSB 3108HH 77 8 8 mj/sc/14.1
Text: HF02362 Text: HF02364 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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