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House File 2248

Partial Bill History

Bill Text

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 valid certificate of deposit of money or security
  1 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.  A certificate of deposit of money or securities
  1 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.25  MONEY OR SECURITIES CERTIFICATE OF DEPOSIT AS
  1 31 PROOF.
  1 32    1.  Proof of financial responsibility may be evidenced by
  1 33 the certificate statement of the treasurer of state that the
  1 34 person named in the certificate statement has deposited filed
  1 35 with the treasurer of state fifty-five thousand dollars in
  2  1 cash, or securities which may legally be purchased by a state
  2  2 bank or trust funds of a market value of fifty-five thousand
  2  3 dollars the 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 the certificate
  2 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 a certificate statement for it and the department
  2 18 shall not accept the certificate statement unless accompanied
  2 19 by evidence that there are no unsatisfied judgments of any
  2 20 character against the depositor person in the county where the
  2 21 depositor person resides.
  2 22    2.  Such certificate of deposit shall be held by the state
  2 23 treasurer of state to satisfy, in accordance with the
  2 24 provisions of this chapter, any execution on a judgment issued
  2 25 against such the person making filing 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 use thereof of property,
  2 30 resulting from the ownership, maintenance, use, or operation
  2 31 of a motor vehicle after such the certificate of deposit was
  2 32 made filed.  Money or securities A certificate of deposit so
  2 33 deposited filed shall not be subject to attachment or
  2 34 execution unless such the attachment or execution shall arise
  2 35 arises out of a suit for damages as aforesaid previously
  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 of any a
  3  6 bond or certificate of insurance or the department shall
  3  7 direct and the state treasurer of state shall return any money
  3  8 or securities a certificate of deposit to the person entitled
  3  9 thereto to 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 of any a bond or certificate of
  3 18 insurance, or the department shall direct and the state
  3 19 treasurer of state shall return to the person entitled thereto
  3 20 any money or securities deposited a 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 the The department shall not
  4  2 consent to the cancellation of any a bond or the return of any
  4  3 money or securities a certificate of deposit in the event any
  4  4 an action for damages upon a liability covered by such proof
  4  5 is then pending or any a judgment upon any such liability is
  4  6 then unsatisfied, or in the event the person who has filed
  4  7 such bond or deposited such money or securities certificate 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 person If a person whose proof has been
  4 18 canceled or returned under paragraph "c" of subsection 1 of
  4 19 this section subsection 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, any such application shall
  4 22 be refused unless the applicant shall re-establish such
  4 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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