Text: SF02174 Text: SF02176 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.493, subsections 1, Code 2001, is 1 2 amended to read as follows: 1 3 1. a. Subject toparagraphparagraphs "b" and "c", in all 1 4 cases where damage is done by any motor vehicle by reason of 1 5 negligence of the driver, and driven with the consent of the 1 6 owner, the owner of the motor vehicle shall be liable for such 1 7 damage. For purposes of this subsection, "owner" means the 1 8 person to whom the certificate of title for the vehicle has 1 9 been issued or assigned or to whom a manufacturer's or 1 10 importer's certificate of origin for the vehicle has been 1 11 delivered or assigned. However, if the vehicle is leased, 1 12 "owner" means the person to whom the vehicle is leased, not 1 13 the person to whom the certificate of title for the vehicle 1 14 has been issued or assigned or to whom the manufacturer's or 1 15 importer's certificate of origin for the vehicle has been 1 16 delivered or assigned. For purposes of this subsection, 1 17 "leased" means the transfer of the possession or right to 1 18 possession of a vehicle to a lessee for a valuable 1 19 consideration for a continuous period of twelve months or 1 20 more, pursuant to a written agreement. 1 21 b. A rebuttable presumption arises that a child of the 1 22 owner of a motor vehicle, who is a named insured under the 1 23 owner's automobile insurance policy and a resident of the 1 24 owner's household, operates the owner's motor vehicle with the 1 25 owner's consent. For purposes of this subsection, "child" 1 26 means a son, daughter, stepson, or stepdaughter, regardless of 1 27 age. 1 28b.c. The owner of a vehicle with a gross vehicle weight 1 29 rating of seven thousand five hundred pounds or more who rents 1 30 the vehicle for less than a year under an agreement which 1 31 requires an insurance policy covering at least the minimum 1 32 levels of financial responsibility prescribed by law, shall 1 33 not be deemed to be the owner of the vehicle for the purpose 1 34 of determining financial responsibility for the operation of 1 35 the vehicle or for the acts of the operator in connection with 2 1 the vehicle's operation. 2 2 EXPLANATION 2 3 This bill creates a rebuttable presumption that a child, 2 4 who is a named insured under an owner's automobile insurance 2 5 policy and a resident of the owner's household, operates the 2 6 owner's motor vehicle with the owner's consent. The bill 2 7 defines the term "child". 2 8 LSB 5466XS 79 2 9 bm/cls/14
Text: SF02174 Text: SF02176 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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