Text: HF02247 Text: HF02249 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2248 1 2 1 3 AN ACT 1 4 RELATING TO ALTERNATE METHODS OF PROVIDING PROOF OF MOTOR 1 5 VEHICLE FINANCIAL RESPONSIBILITY AND PROVIDING AN EFFECTIVE 1 6 DATE. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 321.1, subsection 24B, paragraph c, 1 11 Code Supplement 1999, is amended to read as follows: 1 12 c. A validcertificate of deposit of money or security1 13 statement issued by the treasurer of state pursuant to section 1 14 321A.25 attesting to the filing of a certificate of deposit 1 15 with the treasurer of state. 1 16 Sec. 2. Section 321A.18, Code 1999, is amended to read as 1 17 follows: 1 18 321A.18 ALTERNATE METHODS OF GIVING PROOF. 1 19 Proof of financial responsibility when required under this 1 20 chapter may be given by filing any of the following: 1 21 1. A certificate of insurance as provided in section 1 22 321A.19 or section 321A.20; or. 1 23 2. A bond as provided in section 321A.24; or. 1 24 3. Acertificate of deposit of money or securities1 25 statement issued by the treasurer of state attesting to the 1 26 filing of a certificate of deposit with the treasurer of state 1 27 as provided in section 321A.25. 1 28 Sec. 3. Section 321A.25, Code 1999, is amended to read as 1 29 follows: 1 30 321A.25MONEY OR SECURITIESCERTIFICATE OF DEPOSIT AS 1 31 PROOF. 1 32 1. Proof of financial responsibility may be evidenced by 1 33 thecertificatestatement of the treasurer of state that the 1 34 person named in thecertificatestatement hasdepositedfiled 1 35 with the treasurer of state fifty-five thousand dollars in 2 1cash, or securities which may legally be purchased by a state2 2bank or trust funds of a market value of fifty-five thousand2 3dollarsthe form of an endorsed certificate of deposit made 2 4 payable jointly to the person and the treasurer of state. The 2 5 certificate of deposit shall be obtained from an Iowa 2 6 financial institution in the amount of fifty-five thousand 2 7 dollars plus any early withdrawal penalty fee. The treasurer 2 8 of state shall promptly notify the director of transportation 2 9 of the name and address of the person to whom thecertificate2 10 statement has been issued. Upon receipt of the notification, 2 11 the director of transportation shall issue to the person a 2 12 security insurance card for each motor vehicle registered in 2 13 this state by the person. The security insurance card shall 2 14 state the name and address of the person and the registration 2 15 number of the motor vehicle for which the card is issued. The 2 16 treasurer of state shall not accept a certificate of deposit 2 17 and issue acertificatestatement for it and the department 2 18 shall not accept thecertificatestatement unless accompanied 2 19 by evidence that there are no unsatisfied judgments of any 2 20 character against thedepositorperson in the county where the 2 21depositorperson resides. 2 22 2. Such certificate of deposit shall be held by thestate2 23 treasurer of state to satisfy, in accordance withthe2 24provisions ofthis chapter, any execution on a judgment issued 2 25 againstsuchthe personmakingfiling the certificate of 2 26 deposit, for damages, including damages for care and loss of 2 27 services, because of bodily injury to or death of any person, 2 28 or for damages because of injury to or destruction of 2 29 property, including the loss of usethereofof property, 2 30 resulting from the ownership, maintenance, use, or operation 2 31 of a motor vehicle aftersuchthe certificate of deposit was 2 32madefiled.Money or securitiesA certificate of deposit so 2 33depositedfiled shall not be subject to attachment or 2 34 execution unlesssuchthe attachment or executionshall arise2 35 arises out of a suit for damages asaforesaidpreviously 3 1 provided in this subsection. 3 2 Sec. 4. Section 321A.27, Code 1999, is amended to read as 3 3 follows: 3 4 321A.27 SUBSTITUTION OF PROOF. 3 5 The department shall consent to the cancellation ofanya 3 6 bond or certificate of insurance or the department shall 3 7 direct and thestatetreasurer of state shall returnany money3 8or securitiesa certificate of deposit to the person entitled 3 9theretoto the certificate of deposit upon the substitution 3 10 and acceptance of other adequate proof of financial 3 11 responsibility pursuant to this chapter. 3 12 Sec. 5. Section 321A.29, Code 1999, is amended to read as 3 13 follows: 3 14 321A.29 DURATION OF PROOF WHEN PROOF MAY BE CANCELED OR 3 15 RETURNED. 3 16 1. The department shall upon request consent to the 3 17 immediate cancellation ofanya bond or certificate of 3 18 insurance, or the department shall direct and thestate3 19 treasurer of state shall return to the person entitled thereto 3 20any money or securities depositeda certificate of deposit 3 21 filed pursuant to this chapter as proof of financial 3 22 responsibility, or the department shall waive the requirement 3 23 of filing proof, in any of the following events: 3 24 a. At any time after two years from the date such proof 3 25 was required when, during the two-year period preceding the 3 26 request, the department has not received record of a 3 27 conviction or a forfeiture of bail which would require or 3 28 permit the suspension or revocation of the license, 3 29 registration, or nonresident's operating privilege of the 3 30 person by or for whom such proof was furnished; or. 3 31 b. In the event of the death of the person on whose behalf 3 32 such proof was filed or the permanent incapacity of such 3 33 person to operate a motor vehicle; or. 3 34 c. In the event the person who has given proof surrenders 3 35 the person's license and registration to the department;. 4 1 2.Provided, however, that theThe department shall not 4 2 consent to the cancellation ofanya bond or the return ofany4 3money or securitiesa certificate of deposit in the eventany4 4 an action for damages upon a liability covered by such proof 4 5 is then pending oranya judgment upon any such liability is 4 6thenunsatisfied, or in the event the person who has filed 4 7 such bond ordepositedsuchmoney or securitiescertificate of 4 8 deposit has within one year immediately preceding such request 4 9 been involved as an operator or owner in any motor vehicle 4 10 accident resulting in injury or damage to the person or 4 11 property of others. An affidavit of the applicant as to the 4 12 nonexistence of such facts, or that the applicant has been 4 13 released from all of the applicant's liability, or has been 4 14 finally adjudicated not to be liable, for such injury or 4 15 damage, shall be sufficient evidence thereof in the absence of 4 16 evidence to the contrary in the records of the department. 4 17 3.Whenever any personIf a person whose proof has been 4 18 canceled or returned underparagraph "c" of subsection 1 of4 19this sectionsubsection 1, paragraph "c", applies for a 4 20 license or registration within a period of two years from the 4 21 date proof was originally required,anysuch application shall 4 22 be refused unless the applicantshall re-establish such4 23 reestablishes proof for the remainder of the two-year period. 4 24 Sec. 6. EFFECTIVE DATE. This Act, being deemed of 4 25 immediate importance, takes effect upon enactment. 4 26 4 27 4 28 4 29 BRENT SIEGRIST 4 30 Speaker of the House 4 31 4 32 4 33 4 34 MARY E. KRAMER 4 35 President of the Senate 5 1 5 2 I hereby certify that this bill originated in the House and 5 3 is known as House File 2248, Seventy-eighth General Assembly. 5 4 5 5 5 6 5 7 ELIZABETH ISAACSON 5 8 Chief Clerk of the House 5 9 Approved , 2000 5 10 5 11 5 12 5 13 THOMAS J. VILSACK 5 14 Governor
Text: HF02247 Text: HF02249 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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