Text: HF02463 Text: HF02465 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.20B, Code Supplement 1997, is 1 2 amended by striking the section and inserting in lieu thereof 1 3 the following: 1 4 321.20B MANDATORY FINANCIAL LIABILITY COVERAGE. 1 5 1. a. Notwithstanding chapter 321A, which requires 1 6 certain persons to maintain proof of financial liability 1 7 coverage, a person who owns a motor vehicle which is required 1 8 to be registered in this state shall not permit the operation 1 9 of the motor vehicle on the highways of this state unless 1 10 financial liability coverage, as defined in section 321.1, is 1 11 in effect for the motor vehicle. An owner is presumed to know 1 12 of the operation of the owner's motor vehicle on the highways 1 13 of this state in violation of this section when the motor 1 14 vehicle is being operated by a person other than the owner. 1 15 b. An owner of a motor vehicle who operates the motor 1 16 vehicle or allows the operation of the motor vehicle in 1 17 violation of this section commits a serious misdemeanor. The 1 18 court may impose a fine of up to one thousand dollars, order 1 19 imprisonment not to exceed six months, or both. Upon 1 20 conviction, the owner shall have the owner's driver's license 1 21 and certificate of registration suspended until such time as 1 22 the owner complies with the requirements of chapter 321A and 1 23 provides proof of such compliance to the department. The 1 24 owner, upon providing proof of complying with the requirements 1 25 of chapter 321A, shall maintain such proof of financial 1 26 liability coverage with the department for a continuous period 1 27 of three years. 1 28 c. This subsection does not apply to a motor vehicle 1 29 registered in another state. This subsection does not apply 1 30 to the operator of a motor vehicle owned or leased to the 1 31 United States, this state, or any political subdivision of 1 32 this state or to a motor vehicle which is subject to section 1 33 325A.6 or 327B.6. 1 34 2. An owner who is unable to produce proof of financial 1 35 liability coverage upon the request of a law enforcement 2 1 officer shall be cited by the law enforcement officer for a 2 2 violation of subsection 1 and allowed ten days after the date 2 3 of the request to produce proof to the appropriate county 2 4 attorney that such financial liability coverage was in effect 2 5 at the time of the request. Upon presentation of such proof, 2 6 the citation shall be dismissed by the county attorney without 2 7 cost to the owner. 2 8 3. The department, upon receiving proof that such 2 9 financial liability coverage was in effect at the time the 2 10 person was cited for a violation of subsection 1, shall 2 11 reinstate the person's driving privileges and reissue the 2 12 certificate of registration without cost to the person. The 2 13 department shall also waive the requirement that such person 2 14 comply with the requirements of chapter 321A. 2 15 Sec. 2. Section 321.1, subsection 54A, Code Supplement 2 16 1997, is amended by striking the subsection. 2 17 Sec. 3. Section 321.492, unnumbered paragraph 2, Code 2 18 Supplement 1997, is amended by striking the paragraph. 2 19 Sec. 4. Section 321A.34, subsection 2, Code Supplement 2 20 1997, is amended to read as follows: 2 21 2. The department may, upon the application of such a 2 22 person, issue a certificate of self-insurance if the 2 23 department is satisfied that the person has and will continue 2 24 to have the ability to pay judgments obtained against the 2 25 person for damages arising out of the ownership, maintenance, 2 26 or use of any vehicle owned by the person.A person issued a2 27certificate of self-insurance pursuant to this section shall2 28maintain a financial liability coverage card as provided in2 29section 321.20B, subsection 2, paragraph "b".2 30 Sec. 5. Section 805.8, subsection 2, paragraph ah, Code 2 31 Supplement 1997, is amended by striking the paragraph. 2 32 Sec. 6. 1997 Iowa Acts, chapter 139, section 16, is 2 33 amended by striking the section. 2 34 EXPLANATION 2 35 This bill strikes and replaces Code section 321.20B to 3 1 provide that a person who owns a motor vehicle which is 3 2 required to be registered in this state shall not permit the 3 3 operation of the motor vehicle on the highways of this state 3 4 unless financial liability coverage is in effect for the motor 3 5 vehicle. The bill provides that an owner is presumed to know 3 6 of the operation of the owner's motor vehicle on the highways 3 7 of this state in violation of this Code section when the motor 3 8 vehicle is being operated by a person other than the owner. 3 9 The bill provides that a person who violates this 3 10 requirement commits a serious misdemeanor. The court may 3 11 impose a fine of up to $1,000, order imprisonment not to 3 12 exceed six months, or both. Upon conviction, the owner shall 3 13 have the owner's driver's license and certificate of 3 14 registration suspended until such time as the owner complies 3 15 with the requirements of Code chapter 321A, relating to motor 3 16 vehicle financial responsibility. 3 17 The bill provides that a person has 10 days after being 3 18 cited to show that financial liability coverage was in effect 3 19 at the time of the request. Upon presentation of such proof, 3 20 the citation shall be dismissed by the county attorney without 3 21 cost to the owner, and the department shall reinstate the 3 22 person's driving privileges and reissue the certificate of 3 23 registration without cost to the person. 3 24 LSB 3807YH 77 3 25 mj/jw/5
Text: HF02463 Text: HF02465 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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