House File 2378 - Introduced
HOUSE FILE
BY SWAIM
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act to require proof of financial liability coverage upon
2 registration of a motor vehicle and providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6227YH 81
5 dea/gg/14
PAG LIN
1 1 Section 1. Section 321.20, Code Supplement 2005, is
1 2 amended to read as follows:
1 3 NEW SUBSECTION. 7. If the vehicle is a motor vehicle, the
1 4 owner shall certify that financial liability coverage is in
1 5 effect for the motor vehicle and provide a description of the
1 6 financial liability coverage as noted on the proof of
1 7 financial liability coverage card issued for the motor
1 8 vehicle. The owner shall notify the department when the
1 9 insurance carrier or other source of the financial liability
1 10 coverage changes within thirty days of obtaining the new
1 11 coverage. The application provided by the department shall
1 12 include a statement for the applicant to sign that
1 13 acknowledges the applicant's knowledge of the requirement to
1 14 notify the department of a financial liability coverage
1 15 change. A person who falsely certifies as to financial
1 16 liability coverage required under this section or section
1 17 321.40 commits a simple misdemeanor. A person who fails to
1 18 notify the county treasurer of a change in financial liability
1 19 coverage as required pursuant to this subsection commits a
1 20 simple misdemeanor if the person's motor vehicle is operated
1 21 on the highway after the thirty=day notification period has
1 22 lapsed.
1 23 Sec. 2. Section 321.30, Code 2005, is amended by adding
1 24 the following new subsection:
1 25 NEW SUBSECTION. 15. The department or the county
1 26 treasurer shall refuse registration of a motor vehicle if the
1 27 owner does not provide satisfactory certification that
1 28 financial liability coverage is in effect for the motor
1 29 vehicle.
1 30 Sec. 3. Section 321.40, unnumbered paragraph 2, Code
1 31 Supplement 2005, is amended to read as follows:
1 32 On or before the fifteenth day of the eleventh month of a
1 33 vehicle's registration year, the department shall create an
1 34 electronic file and the county treasurer shall send a
1 35 statement of fees due to the appropriate owner of record. A
2 1 form for certification of financial liability coverage shall
2 2 accompany each renewal statement sent to the owner of a motor
2 3 vehicle. After the department has generated the electronic
2 4 file used to produce statements for a registration month, and
2 5 before the fifteenth day of the month following expiration of
2 6 a vehicle's registration year, the department shall create a
2 7 subsequent electronic file and the county treasurer shall send
2 8 a statement of fees due to the appropriate owner of record for
2 9 any vehicle subsequently registered for that registration
2 10 month. The statement shall be mailed or electronically
2 11 transmitted to the most current address of record, showing
2 12 information sufficient to identify the vehicle and a listing
2 13 of the various fees as appropriate. Failure to receive a
2 14 statement shall have no effect upon the accrual of penalty at
2 15 the appropriate date.
2 16 EXPLANATION
2 17 This bill requires the owner of a motor vehicle to certify
2 18 that financial liability coverage is in effect for the vehicle
2 19 at the time the vehicle is registered and each time the
2 20 registration is renewed. If the insurance carrier or other
2 21 source of the financial liability coverage changes, the owner
2 22 of the motor vehicle has 30 days in which to notify the county
2 23 treasurer of the change in coverage. The owner of the motor
2 24 vehicle can be charged with a simple misdemeanor if the owner
2 25 fails to provide timely notification of a change in coverage
2 26 and the motor vehicle is operated on a highway. In addition,
2 27 a person who falsely certifies as to financial liability
2 28 coverage required for registration or renewal commits a simple
2 29 misdemeanor. A simple misdemeanor is punishable by
2 30 confinement for no more than 30 days or a fine of at least $50
2 31 but not more than $500 or by both.
2 32 LSB 6227YH 81
2 33 dea:nh/gg/14