HOUSE FILE 239

BY  R. OLSON

A BILL FOR

An Act concerning the types of motor vehicle speeding violations to be considered for purposes related to driver’s license sanctions and motor vehicle insurance policies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 321.210, subsection 2, paragraph d, Code 2011, is amended to read as follows:
   d.  The first two speeding violations within any twelve-month period of ten miles per hour or less over the legal speed limit in speed zones having a legal speed limit between thirty-four miles per hour and fifty-six sixty-one miles per hour.
   Sec. 2.  Section 321.210C, subsection 3, Code 2011, is amended to read as follows:
   3.  For purposes of determining a conviction under this section, the department shall not consider the first two speeding violations within the probation period that are ten miles per hour or less over the legal speed limit in speed zones having a legal speed limit between thirty-four miles per hour and fifty-six sixty-one miles per hour.
   Sec. 3.  Section 321A.3, subsection 4, Code 2011, is amended to read as follows:
   4.  The abstract of operating record provided under this section shall designate which speeding violations occurring on or after July 1, 1986, but before May 12, 1987, are for violations of ten miles per hour or less over the legal speed limit in speed zones that have a legal speed limit greater than thirty-five miles per hour. For speeding violations occurring on or after May 12, 1987, the abstract provided under this section shall designate which speeding violations are for ten miles per hour or less over the legal speed limit in speed zones that have a legal speed limit equal to or greater than thirty-five miles per hour but not greater than fifty-five sixty miles per hour.
   Sec. 4.  Section 516B.3, subsection 1, Code 2011, is amended to read as follows:
   1.  The commissioner shall require that insurance companies transacting business in this state not consider speeding violations occurring on or after July 1, 1986, but before May 12, 1987, which are for speeding violations for ten miles per hour or less over the legal speed limit in speed zones that have a legal speed limit greater than thirty-five miles per hour or speeding violations occurring on or after May 12, 1987, which are for speeding violations for ten miles per hour or less over the legal speed limit in speed zones that have a legal speed limit equal to or greater than thirty-five miles per hour but not greater than fifty-five sixty miles per hour for the purpose of establishing rates for motor vehicle insurance charged by the insurer and shall require that insurance companies not cancel or refuse to renew any such policy for such violations. In any twelve-month period, this section applies only to the first two such violations which occur.
EXPLANATION
   Under current law, for purposes of driver’s license suspension or revocation, or when revoking a driver’s license for violations committed during a license probation period, the department of transportation is required to disregard the first two speeding violations within a 12-month period of 10 miles per hour or less over the speed limit in speed zones with a speed limit between 34 and 56 miles per hour. This bill extends the range of that exclusion to include speed limits between 34 miles per hour and 61 miles per hour.
   Pursuant to current law, for purposes of establishing motor vehicle insurance rates or deciding to cancel or refuse to renew a motor vehicle insurance policy, an insurance company must disregard the first two speeding violations of 10 miles per hour or less over the speed limit in speed zones with a speed limit equal to or greater than 35 miles per hour but not greater than 55 miles per hour. The bill increases the upper limit of that exclusion to not greater than 60 miles per hour. The bill makes a conforming change to motor vehicle financial responsibility provisions by providing that the abstract of the operating record of a driver, which is made available to insurers, must designate which speeding violations are for 10 miles per hour or less over the limit in speed zones with a speed limit equal to or greater than 35 miles per hour but not greater than 60 miles per hour.