HF 220 (LSB 1633YH (3) 85)

HOUSE FILE 220

BY  R. OLSON

A BILL FOR

An Act relating to the assessment of court costs and administrative fees upon dismissal of a citation for driving without proof of financial liability coverage.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.20B, subsection 4, paragraph b, subparagraph (1), subparagraph divisions (a) and (b), Code 2013, are amended to read as follows:
   (a)  If the person was cited pursuant to paragraph “a”, subparagraph (3), the owner or driver shall provide a copy of the receipt to the county treasurer of the county in which the motor vehicle is registered, and the owner shall be assessed a fifteen dollar administrative fee by the county treasurer who shall issue new license plates and registration to the person after payment of the fee.
   (b)  If the person was cited pursuant to paragraph “a”, subparagraph (4), the owner or driver, after the owner provides proof of financial liability coverage to the clerk of court, may claim the motor vehicle after such person pays any applicable fine and the costs of towing and storage for the motor vehicle, and the. The owner or driver provides
 
shall provide a copy of the receipt and the owner pays to the county treasurer of the county in which the motor vehicle is registered a fifteen dollar administrative fee, and the county treasurer shall issue new license plates and registration to the person.
    Sec. 2.  Section 321.20B, subsection 4, paragraph c, Code 2013, is amended to read as follows:
   c.  An owner or driver cited for a violation of subsection 1, who produces to the clerk of court prior to the date of the person’s court appearance as indicated on the citation proof that financial liability coverage was in effect for the motor vehicle at the time the person was stopped and cited, shall not be convicted of such violation and the citation issued shall be dismissed by the court. Upon dismissal, the court or clerk of court shall assess the costs of the action against the defendant named on the citation.
    Sec. 3.  Section 321.20B, subsection 5, paragraph b, Code 2013, is amended to read as follows:
   b.  Issue a citation. An owner or driver who produces to the clerk of court prior to the date of the person’s court appearance as indicated on the citation proof that the financial liability coverage was in effect for the motor vehicle at the time the person was stopped and cited, or if the driver is not the owner of the motor vehicle, proof that liability coverage was in effect for the driver with respect to the motor vehicle being driven at the time the driver was stopped and cited in the same manner as if the motor vehicle were owned by the driver, shall be given a receipt indicating that proof was provided, and the citation issued shall be dismissed by the court. Upon dismissal, the court or clerk of court shall assess the costs of the action against the defendant named on the citation.
EXPLANATION
   Under current law, when a peace officer stops a motor vehicle and the driver is unable to provide proof of financial liability coverage for the vehicle, the peace officer may issue a warning or a citation to the driver; issue a citation and remove the motor vehicle’s license plates and registration receipt; or issue a citation, remove the plates and registration receipt, and impound the motor vehicle. If the person receives a citation and then produces to the clerk of court prior to the date of the person’s court appearance proof that financial liability coverage was in effect for the motor vehicle at the time the person was stopped and cited, the court is required to dismiss the citation, but the costs of the action are assessed against the defendant. In addition, if the peace officer who issued the citation removed the vehicle’s license plates and registration receipt or ordered the vehicle impounded, the owner of the vehicle is required to pay a $15 administrative fee to the county treasurer to obtain new license plates and registration. If the vehicle was impounded, the cost of towing and storage must also be paid. This bill strikes the requirement that court costs be assessed against a defendant whose citation is dismissed and the requirement that the owner pay an administrative fee for the issuance of new license plates and registration if the citation is dismissed.