Text: HF02463                           Text: HF02465
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2464

Partial Bill History

Bill Text

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 a
  2 27 certificate of self-insurance pursuant to this section shall
  2 28 maintain a financial liability coverage card as provided in
  2 29 section 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

Return To Home index


© 1998 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Fri Mar 6 03:42:35 CST 1998
URL: /DOCS/GA/77GA/Legislation/HF/02400/HF02464/980226.html
jhf