House
File
2121
-
Introduced
HOUSE
FILE
2121
BY
ALONS
,
RASMUSSEN
,
DRAKE
,
WATTS
,
PETTENGILL
,
WINDSCHITL
,
L.
MILLER
,
DE
BOEF
,
and
HELLAND
A
BILL
FOR
An
Act
relating
to
the
assessment
of
court
costs
when
a
1
citation
for
driving
without
proof
of
financial
liability
2
coverage
is
dismissed
within
twenty-four
hours
of
issuance
3
of
the
citation.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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2121
Section
1.
Section
321.20B,
subsection
4,
paragraph
c,
Code
1
2011,
is
amended
to
read
as
follows:
2
c.
An
owner
or
driver
cited
for
a
violation
of
subsection
3
1
,
who
produces
to
the
clerk
of
court
prior
to
the
date
of
the
4
person’s
court
appearance
as
indicated
on
the
citation
proof
5
that
financial
liability
coverage
was
in
effect
for
the
motor
6
vehicle
at
the
time
the
person
was
stopped
and
cited
,
shall
not
7
be
convicted
of
such
violation
and
the
citation
issued
shall
be
8
dismissed
by
the
court.
Upon
If
such
proof
is
presented
more
9
than
twenty-four
hours
after
issuance
of
the
citation,
upon
10
dismissal,
the
court
or
clerk
of
court
shall
assess
the
costs
11
of
the
action
against
the
defendant
named
on
the
citation.
12
Sec.
2.
Section
321.20B,
subsection
5,
paragraph
b,
Code
13
2011,
is
amended
to
read
as
follows:
14
b.
Issue
a
citation.
An
owner
or
driver
who
produces
15
to
the
clerk
of
court
prior
to
the
date
of
the
person’s
16
court
appearance
as
indicated
on
the
citation
proof
that
the
17
financial
liability
coverage
was
in
effect
for
the
motor
18
vehicle
at
the
time
the
person
was
stopped
and
cited,
or
if
19
the
driver
is
not
the
owner
of
the
motor
vehicle,
proof
that
20
liability
coverage
was
in
effect
for
the
driver
with
respect
21
to
the
motor
vehicle
being
driven
at
the
time
the
driver
was
22
stopped
and
cited
in
the
same
manner
as
if
the
motor
vehicle
23
were
owned
by
the
driver,
shall
be
given
a
receipt
indicating
24
that
proof
was
provided,
and
the
citation
issued
shall
be
25
dismissed
by
the
court.
Upon
If
such
proof
is
presented
more
26
than
twenty-four
hours
after
issuance
of
the
citation,
upon
27
dismissal,
the
court
or
clerk
of
court
shall
assess
the
costs
28
of
the
action
against
the
defendant
named
on
the
citation.
29
EXPLANATION
30
Under
current
law,
a
person
is
prohibited
from
operating
a
31
motor
vehicle
unless
there
is
financial
liability
coverage
in
32
effect
for
the
vehicle
and
the
person
has
in
the
vehicle
the
33
proof
of
financial
liability
card
issued
for
the
vehicle
or,
if
34
the
vehicle
is
registered
in
another
state,
other
evidence
that
35
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2121
financial
liability
coverage
is
in
effect
for
the
vehicle.
A
1
violation
is
a
simple
misdemeanor,
punishable
by
a
scheduled
2
fine
of
$250.
If
the
citation
is
issued
in
connection
with
3
an
accident,
the
scheduled
fine
is
$500.
Prior
to
the
date
4
of
the
person’s
scheduled
court
appearance,
if
the
driver
or
5
the
owner
of
the
vehicle
produces
to
the
clerk
of
court
proof
6
that
financial
liability
coverage
was
in
effect
for
the
motor
7
vehicle
at
the
time
the
person
was
stopped
and
cited,
the
8
citation
is
dismissed;
however,
the
person
is
still
assessed
9
the
court
costs
associated
with
the
action.
10
The
bill
provides
that
if
the
driver
or
the
owner
of
the
11
motor
vehicle
produces
to
the
clerk
of
court
proof
that
12
financial
liability
coverage
was
in
effect
for
the
motor
13
vehicle
at
the
time
the
driver
was
stopped
and
cited
within
24
14
hours
of
the
issuance
of
the
citation,
the
citation
shall
be
15
dismissed,
with
no
assessment
of
court
costs.
If
more
than
24
16
hours
passes
before
the
driver
or
owner
produces
the
required
17
proof
of
financial
liability
coverage,
the
citation
shall
be
18
dismissed,
but
court
costs
shall
be
assessed.
19
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