House File 122

                                       HOUSE FILE       
                                       BY  HUSER

                                       (COMPANION TO SF 62 BY LAMBERTI)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act creating a presumption of owner consent when the child of
  2    an owner operates the owner's motor vehicle.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1632YH 80
  5 dea/sh/8

PAG LIN

  1  1    Section 1.  Section 321.493, subsection 1, Code 2003, is
  1  2 amended to read as follows:
  1  3    1.  a.  Subject to paragraph paragraphs "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 operates the owner's motor vehicle
  1 23 with the owner's consent if the child is a named insured under
  1 24 the owner's automobile insurance policy and a resident of the
  1 25 owner's household.  For purposes of this subsection, "child"
  1 26 means a son, daughter, stepson, or stepdaughter, regardless of
  1 27 age.
  1 28    b. c.  The owner of a vehicle with a gross vehicle weight
  1 29 rating of seven thousand five hundred pounds or more, who
  1 30 rents the vehicle for less than a year under an agreement
  1 31 which requires an insurance policy covering at least the
  1 32 minimum levels of financial responsibility prescribed by law,
  1 33 shall not be deemed to be the owner of the vehicle for the
  1 34 purpose of determining financial responsibility for the
  1 35 operation of the vehicle or for the acts of the operator in
  2  1 connection with the vehicle's operation.
  2  2                           EXPLANATION
  2  3    This bill creates a rebuttable presumption that a child who
  2  4 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 1632YH 80
  2  9 dea/sh/8