House File 406 - Introduced HOUSE FILE 406 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HF 239) A BILL FOR An Act concerning the types of motor vehicle speeding 1 violations to be considered for purposes related to driver’s 2 license sanctions and motor vehicle insurance policies and 3 including applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2125HV (2) 84 dea/nh

H.F. 406 Section 1. Section 321.210, subsection 2, paragraph d, Code 1 2011, is amended to read as follows: 2 d. The first two speeding violations within any twelve-month 3 period of ten miles per hour or less over the legal speed limit 4 in speed zones having a legal speed limit between thirty-four 5 miles per hour and fifty-six sixty-one miles per hour. 6 Sec. 2. Section 321.210C, subsection 3, Code 2011, is 7 amended to read as follows: 8 3. For purposes of determining a conviction under this 9 section , the department shall not consider the first two 10 speeding violations within the probation period that are ten 11 miles per hour or less over the legal speed limit in speed 12 zones having a legal speed limit between thirty-four miles per 13 hour and fifty-six sixty-one miles per hour. 14 Sec. 3. Section 321A.3, subsection 4, Code 2011, is amended 15 to read as follows: 16 4. The abstract of operating record provided under this 17 section shall designate which speeding violations occurring 18 on or after July 1, 1986, but before May 12, 1987, are for 19 violations of ten miles per hour or less over the legal speed 20 limit in speed zones that have a legal speed limit greater than 21 thirty-five miles per hour. For speeding violations occurring 22 on or after May 12, 1987, the abstract provided under this 23 section shall designate which speeding violations are for ten 24 miles per hour or less over the legal speed limit in speed 25 zones that have a legal speed limit equal to or greater than 26 thirty-five miles per hour but not greater than fifty-five 27 sixty miles per hour. 28 Sec. 4. Section 516B.3, subsection 1, Code 2011, is amended 29 to read as follows: 30 1. The commissioner shall require that insurance companies 31 transacting business in this state not consider speeding 32 violations occurring on or after July 1, 1986, but before May 33 12, 1987, which are for speeding violations for ten miles per 34 hour or less over the legal speed limit in speed zones that 35 -1- LSB 2125HV (2) 84 dea/nh 1/ 3

H.F. 406 have a legal speed limit greater than thirty-five miles per 1 hour or speeding violations occurring on or after May 12, 2 1987, which are for speeding violations for ten miles per 3 hour or less over the legal speed limit in speed zones that 4 have a legal speed limit equal to or greater than thirty-five 5 miles per hour but not greater than fifty-five sixty miles 6 per hour for the purpose of establishing rates for motor 7 vehicle insurance charged by the insurer and shall require that 8 insurance companies not cancel or refuse to renew any such 9 policy for such violations. In any twelve-month period, this 10 section applies only to the first two such violations which 11 occur. 12 Sec. 5. APPLICABILITY. This Act applies for speeding 13 violations occurring on or after July 1, 2011. On and after 14 July 1, 2011, the speed zones specified in section 321.210, 15 subsection 2, paragraph “d”, Code 2011; section 321.210C, 16 subsection 3, Code 2011; section 321A.3, subsection 4, Code 17 2011; and section 516B.3, subsection 1, Code 2011, shall 18 continue to apply for purposes of considering violations 19 committed prior to July 1, 2011. 20 EXPLANATION 21 Under current law, for purposes of driver’s license 22 suspension or revocation, or when revoking a driver’s license 23 for violations committed during a license probation period, 24 the department of transportation is required to disregard the 25 first two speeding violations within a 12-month period of 10 26 miles per hour or less over the speed limit in speed zones with 27 a speed limit between 34 and 56 miles per hour. This bill 28 extends the range of that exclusion to include speed limits 29 between 34 miles per hour and 61 miles per hour. 30 Pursuant to current law, for purposes of establishing motor 31 vehicle insurance rates or deciding to cancel or refuse to 32 renew a motor vehicle insurance policy, an insurance company 33 must disregard the first two speeding violations of 10 miles 34 per hour or less over the speed limit in speed zones with a 35 -2- LSB 2125HV (2) 84 dea/nh 2/ 3

H.F. 406 speed limit equal to or greater than 35 miles per hour but not 1 greater than 55 miles per hour. The bill increases the upper 2 limit of that exclusion to not greater than 60 miles per hour. 3 The bill makes a conforming change to motor vehicle financial 4 responsibility provisions by providing that the abstract of 5 the operating record of a driver, which is made available to 6 insurers, must designate which speeding violations are for 10 7 miles per hour or less over the limit in speed zones with a 8 speed limit equal to or greater than 35 miles per hour but not 9 greater than 60 miles per hour. 10 The bill applies for speeding violations occurring on or 11 after July 1, 2011. Violations occurring prior to July 1, 12 2011, will be treated according to the law as it existed 13 when those violations occurred, regardless of the date of 14 conviction. 15 -3- LSB 2125HV (2) 84 dea/nh 3/ 3