Text: SF02360 Text: SF02362 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321A.1, subsection 10, Code 1997, is 1 2 amended to read as follows: 1 3 10. PROOF OF FINANCIAL RESPONSIBILITY. Proof of ability 1 4 to respond in damages for liability, on account of accidents 1 5 occurring subsequent to the effective date of the proof, 1 6 arising out of the ownership, maintenance, or use of a motor 1 7 vehicle, in amounts as follows: 1 8 a. With respect to accidents occurring on or after January 1 9 1,1981, and prior to January 1, 1983, the amount of fifteen1 10thousand dollars because of bodily injury to or death of one1 11person in any one accident, and, subject to the limit for one1 12person, the amount of thirty thousand dollars because of1 13bodily injury to or death of two or more persons in any one1 14accident, and the amount of ten thousand dollars because of1 15injury to or destruction of property of others in any one1 16accident; and with respect to accidents occurring on or after1 17January 1,1983, and prior to January 1, 1999, the amount of 1 18 twenty thousand dollars because of bodily injury to or death 1 19 of one person in any one accident, and, subject to the limit 1 20 for one person, the amount of forty thousand dollars because 1 21 of bodily injury to or death of two or more persons in any one 1 22 accident, and the amount of fifteen thousand dollars because 1 23 of injury to or destruction of property of others in any one 1 24 accident. 1 25 b. With respect to accidents occurring on or after January 1 26 1, 1999, and prior to January 1, 2001, the amount of twenty- 1 27 five thousand dollars because of bodily injury to or death of 1 28 one person in any one accident and, subject to the limit for 1 29 one person, the amount of fifty thousand dollars because of 1 30 bodily injury to or death of two or more persons in any one 1 31 accident, and the amount of twenty-five thousand dollars 1 32 because of injury to or destruction of property of others in 1 33 any one accident. 1 34 c. With respect to accidents occurring on or after January 1 35 1, 2001, the amount of fifty thousand dollars because of 2 1 bodily injury to or death of one person in any one accident 2 2 and, subject to the limit for one person, the amount of one 2 3 hundred thousand dollars because of bodily injury to or death 2 4 of two or more persons in any one accident, and the amount of 2 5 fifty thousand dollars because of injury to or destruction of 2 6 property of others in any one accident. 2 7 Sec. 2. Section 321A.5, subsection 3, unnumbered paragraph 2 8 1, Code Supplement 1997, is amended to read as follows: 2 9 A policy or bond is not effective under this section unless 2 10 issued by an insurance company or surety company authorized to 2 11 do business in this state, except that if the motor vehicle 2 12 was not registered in this state, or was a motor vehicle which 2 13 was registered elsewhere than in this state at the effective 2 14 date of the policy or bond, or the most recent renewalthereof2 15 of such policy or bond, the policy or bond is not effective 2 16 under this section unless the insurance company or surety 2 17 company if not authorized to do business in this state 2 18 executes a power of attorney authorizing the department to 2 19 accept service on its behalf of notice or process in any 2 20 action upon the policy or bond arising out of the accident. 2 21 PARAGRAPH DIVIDED.However, withWith respect to accidents 2 22 occurring on or after January 1,1981, and before January 1,2 231983, every such policy or bond is subject, if the accident2 24has resulted in bodily injury or death, to a limit, exclusive2 25of interest and costs, of not less than fifteen thousand2 26dollars because of bodily injury to or death of one person in2 27any one accident and, subject to the limit for one person, to2 28a limit of not less than thirty thousand dollars because of2 29bodily injury to or death of two or more persons in any one2 30accident, and, if the accident has resulted in injury to or2 31destruction of property, to a limit of not less than ten2 32thousand dollars because of injury to or destruction of2 33property of others in any one accident; and with respect to2 34accidents occurring on or after January 1,1983, and prior to 2 35 January 1, 1999, every such policy or bondis subject, if the 3 1 accident has resulted in bodily injury or death, is subject to 3 2 a limit, exclusive of interest and costs, of not less than 3 3 twenty thousand dollars because of bodily injury to or death 3 4 of one person in any one accident and, subject to the limit 3 5 for one person, to a limit of not less than forty thousand 3 6 dollars because of bodily injury to or death of two or more 3 7 persons in any one accident, and, if the accident has resulted 3 8 in injury to or destruction of property, to a limit of not 3 9 less than fifteen thousand dollars because of injury to or 3 10 destruction of property of others in any one accident. 3 11 With respect to accidents occurring on or after January 1, 3 12 1999, and prior to January 1, 2001, every such policy or bond, 3 13 if the accident has resulted in bodily injury or death, is 3 14 subject to a limit, exclusive of interest and costs, of not 3 15 less than twenty-five thousand dollars because of bodily 3 16 injury to or death of one person in any one accident and, 3 17 subject to the limit for one person, to a limit of not less 3 18 than fifty thousand dollars because of bodily injury to or 3 19 death of two or more persons in any one accident and, if the 3 20 accident has resulted in injury to or destruction of property, 3 21 to a limit of not less than twenty-five thousand dollars 3 22 because of injury to or destruction of property of others in 3 23 any one accident. 3 24 With respect to accidents occurring on or after January 1, 3 25 2001, every such policy or bond, if the accident has resulted 3 26 in bodily injury or death, is subject to a limit, exclusive of 3 27 interest and costs, of not less than fifty thousand dollars 3 28 because of bodily injury to or death of one person in any one 3 29 accident and, subject to the limit for one person, to a limit 3 30 of not less than one hundred thousand dollars because of 3 31 bodily injury to or death of two or more persons in any one 3 32 accident and, if the accident has resulted in injury to or 3 33 destruction of property, to a limit of not less than fifty 3 34 thousand dollars because of injury to or destruction of 3 35 property of others in any one accident. 4 1 Sec. 3. Section 321A.15, subsection 1, paragraph b, 4 2 unnumbered paragraph 1, Code 1997, is amended to read as 4 3 follows: 4 4 b. Judgments referred to in this chapter and rendered upon 4 5 claims arising from accidents occurring on or after January 1, 4 6 1983, and before January 1, 1999, shall, for the purpose of 4 7 this chapter only, be deemed satisfied when the following 4 8 occur: 4 9 Sec. 4. Section 321A.15, subsection 1, Code 1997, is 4 10 amended by adding the following new paragraphs: 4 11 NEW PARAGRAPH. c. Judgments referred to in this chapter 4 12 and rendered upon claims arising from accidents occurring on 4 13 or after January 1, 1999, and before January 1, 2001, shall, 4 14 for the purpose of this chapter only, be deemed satisfied when 4 15 the following occur: 4 16 (1) When twenty-five thousand dollars has been credited 4 17 upon any judgment or judgments rendered in excess of that 4 18 amount because of bodily injury to or death of one person as 4 19 the result of any one accident. 4 20 (2) When, subject to the limit of twenty-five thousand 4 21 dollars because of bodily injury to or death of one person, 4 22 the sum of fifty thousand dollars has been credited upon any 4 23 judgment or judgments rendered in excess of that amount 4 24 because of bodily injury to or death of two or more persons as 4 25 the result of any one accident. 4 26 (3) When twenty-five thousand dollars has been credited 4 27 upon any judgment or judgments rendered in excess of that 4 28 amount because of injury to or destruction of property of 4 29 others as a result of any one accident. 4 30 2. Provided, however, payments made in settlements of any 4 31 claims because of bodily injury, death, or property damage 4 32 arising from a motor vehicle accident shall be credited in 4 33 reduction of the amounts provided for in this section. 4 34 NEW PARAGRAPH. d. Judgments referred to in this chapter 4 35 and rendered upon claims arising from accidents occurring on 5 1 or after January 1, 2001, shall, for the purpose of this 5 2 chapter only, be deemed satisfied when the following occur: 5 3 (1) When fifty thousand dollars has been credited upon any 5 4 judgment or judgments rendered in excess of that amount 5 5 because of bodily injury to or death of one person as the 5 6 result of any one accident. 5 7 (2) When, subject to the limit of fifty thousand dollars 5 8 because of bodily injury to or death of one person, the sum of 5 9 one hundred thousand dollars has been credited upon any 5 10 judgment or judgments rendered in excess of that amount 5 11 because of bodily injury to or death of two or more persons as 5 12 the result of any one accident. 5 13 (3) When fifty thousand dollars has been credited upon any 5 14 judgment or judgments rendered in excess of that amount 5 15 because of injury to or destruction of property of others as a 5 16 result of any one accident. 5 17 2. Provided, however, payments made in settlements of any 5 18 claims because of bodily injury, death, or property damage 5 19 arising from a motor vehicle accident shall be credited in 5 20 reduction of the amounts provided for in this section. 5 21 Sec. 5. Section 321A.21, subsection 2, paragraph b, Code 5 22 1997, is amended to read as follows: 5 23 b. Shall insure the person named in the policy and any 5 24 other person, as insured, using the motor vehicles with the 5 25 express or implied permission of the named insured, against 5 26 loss from the liability imposed by law for damages arising out 5 27 of the ownership, maintenance, or use of the motor vehicles 5 28 within the United States of America or the Dominion of Canada, 5 29 subject to limits exclusive of interest and costs, with 5 30 respect to each such motor vehicle, as follows: 5 31 (1) With respect to all accidents which occur on or after 5 32 January 1,1981, and before January 1, 1983, fifteen thousand5 33dollars because of bodily injury to or death of one person in5 34any one accident and, subject to said limit for one person,5 35thirty thousand dollars because of bodily injury to or death6 1of two or more persons in any one accident, and ten thousand6 2dollars because of injury to or destruction of property of6 3others in any one accident; and with respect to all accidents6 4which occur on or after January 1,1983, and prior to January 6 5 1, 1999, twenty thousand dollars because of bodily injury to 6 6 or death of one person in any one accident and, subject to 6 7saidthe limit for one person, forty thousand dollars because 6 8 of bodily injury to or death of two or more persons in any one 6 9 accident, and fifteen thousand dollars because of injury to or 6 10 destruction of property of others in any one accident. 6 11 (2) With respect to all accidents which occur on or after 6 12 January 1, 1999, and prior to January 1, 2001, twenty-five 6 13 thousand dollars because of bodily injury to or death of one 6 14 person in any one accident and, subject to the limit for one 6 15 person, fifty thousand dollars because of bodily injury to or 6 16 death of two or more persons in any one accident, and twenty- 6 17 five thousand dollars because of injury to or destruction of 6 18 property of others in any one accident. 6 19 (3) With respect to all accidents which occur on or after 6 20 January 1, 2001, fifty thousand dollars because of bodily 6 21 injury to or death of one person in any one accident and, 6 22 subject to the limit for one person, one hundred thousand 6 23 dollars because of bodily injury to or death of two or more 6 24 persons in any one accident, and fifty thousand dollars 6 25 because of injury to or destruction of property of others in 6 26 any one accident. 6 27 Sec. 6. Section 321A.29, Code 1997, is amended to read as 6 28 follows: 6 29 321A.29 DURATION OF PROOF – WHEN PROOF MAY BE CANCELED OR 6 30 RETURNED. 6 31 1. The department shall upon request consent to the 6 32 immediate cancellation of any bond or certificate of 6 33 insurance, or the department shall direct and the state 6 34 treasurer shall return to the person entitled thereto any 6 35 money or securities deposited pursuant to this chapter as 7 1 proof of financial responsibility, or the department shall 7 2 waive the requirement of filing proof, in any of the following 7 3 events: 7 4 a. At any time aftertwothree years from the datesuch7 5 proof was required when, during thetwo-yearthree-year period 7 6 preceding the request, the department has not received record 7 7 of a conviction or a forfeiture of bail which would require or 7 8 permit the suspension or revocation of the license, 7 9 registration, or nonresident's operating privilege of the 7 10 person by or for whom such proof was furnished; or. 7 11 b. In the event of the death of the person on whose behalf 7 12suchthe proof was filed or the permanent incapacity of such 7 13 person to operate a motor vehicle; or. 7 14 c. In the event the person who has given proof surrenders 7 15 the person's license and registration to the department;. 7 16 2.Provided, however, thatNotwithstanding subsection 1, 7 17 the department shall not consent to the cancellation of any 7 18 bond or the return of any money or securities in the event any 7 19 action for damages upon a liability covered by such proof is 7 20 then pending oranya judgment uponanysuch liability is then 7 21 unsatisfied, or in the event the person who has filed such 7 22 bond or deposited such money or securities has within one year 7 23 immediately preceding such request been involved as an 7 24 operator or owner in any motor vehicle accident resulting in 7 25 injury or damage to the person or property of others. An 7 26 affidavit of the applicant as to the nonexistence of such 7 27 facts, or that the applicant has been released from all of the 7 28 applicant's liability, or has been finally adjudicated not to 7 29 be liable, for such injury or damage,shall beis sufficient 7 30 evidencethereofof such fact in the absence of evidence to 7 31 the contrary in the records of the department. 7 32 3. Wheneveranya person whose proof has been canceled or 7 33 returned under subsection 1, paragraph "c",of subsection 1 of7 34this sectionapplies for a license or registration within a 7 35 period oftwothree years from the date proof was originally 8 1 required,any suchthe application shall be refused unless the 8 2 applicantshall re-establishreestablishes such proof for the 8 3 remainder of thetwo-yearthree-year period. 8 4 Sec. 7. NEW SECTION. 515.81D INDIVIDUAL UMBRELLA OR 8 5 EXCESS POLICIES OR CONTRACTS – MOTOR VEHICLE LIABILITY 8 6 OFFERING. 8 7 1. As used in this section, "umbrella or excess insurance 8 8 policy" means a personal line policy or contract of insurance 8 9 providing liability or property coverage over one or more 8 10 underlying policies or over a specified amount of self-insured 8 11 retention. "Umbrella or excess insurance policy" includes 8 12 policies or contracts written over an umbrella or excess 8 13 insurance policy or policies. 8 14 2. An insurer offering an umbrella or excess insurance 8 15 policy shall offer coverage under such policy for uninsured or 8 16 underinsured motorist coverage in the same manner as required 8 17 for an automobile liability or motor vehicle liability 8 18 insurance policy insuring against liability for bodily injury 8 19 or death arising out of the ownership, maintenance, or use of 8 20 a motor vehicle under section 516A.1. 8 21 EXPLANATION 8 22 This bill amends provisions of the motor vehicle financial 8 23 responsibility law. 8 24 The bill extends the time period which a person must 8 25 maintain proof of financial responsibility from two years to 8 26 three years. The bill increases the required amount of 8 27 financial responsibility for accidents which occur on or after 8 28 January 1, 1999, and prior to January 1, 2001, from $20,000 8 29 for bodily injury to or death of one person in any one 8 30 accident, $40,000 for bodily injury to or death of two or more 8 31 persons in any one accident, and $15,000 because of injury to 8 32 or destruction of property of others in any one accident, to 8 33 $25,000 for bodily injury to or death of one person in any one 8 34 accident, $50,000 for bodily injury to or death of two or more 8 35 persons in any one accident, and $25,000 because of injury to 9 1 or destruction of property of others in any one accident. 9 2 The bill increases the levels of coverage for accidents 9 3 which occur on or after January 1, 2001, to $50,000, and for 9 4 bodily injury to or death of one person in any one accident, 9 5 $100,000 for bodily injury to or death of two or more persons 9 6 in any one accident, and $50,000 because of injury to or 9 7 destruction of property of others in any one accident. 9 8 The bill also provides that personal umbrella coverage 9 9 policies must include uninsured or underinsured motor vehicle 9 10 coverage. 9 11 LSB 3184XS 77 9 12 mj/sc/14
Text: SF02360 Text: SF02362 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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