Senate File 236 - Introduced SENATE FILE 236 BY ZUMBACH A BILL FOR An Act relating to documentation required to be carried in a 1 motor vehicle, including vehicle registration cards and 2 proof of financial liability coverage cards, and including 3 effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2022XS (5) 89 th/ns

S.F. 236 Section 1. Section 321.20B, subsection 4, paragraph a, 1 subparagraph (3), unnumbered paragraph 1, Code 2021, is amended 2 to read as follows: 3 Issue a citation , and after the allotted time period under 4 subsection 5A expires, remove the motor vehicle’s license 5 plates and registration receipt. 6 Sec. 2. Section 321.20B, subsection 4, paragraph a, 7 subparagraph (4), subparagraph division (a), Code 2021, is 8 amended to read as follows: 9 (a) Issue a citation, and after the allotted time period 10 under subsection 5A expires, remove the motor vehicle’s license 11 plates and registration receipt, and impound the motor vehicle. 12 The peace officer shall deliver the plates for destruction, as 13 appropriate, and forward the registration receipt and evidence 14 of the violation, as determined by the department, to the 15 county treasurer of the county in which the motor vehicle is 16 registered. 17 Sec. 3. Section 321.20B, Code 2021, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 5A. A citation issued under subsection 4 or 20 5 for failure to provide proof of financial liability coverage 21 shall first provide for a seventy-two-hour period within which 22 the person charged with the violation may provide proof of 23 financial liability coverage in effect at the time the person 24 was stopped and issued the citation. If the person provides 25 proof of financial liability coverage within the allotted time 26 period, the citation shall be expunged. If the person fails to 27 provide the proof within the allotted time period, the citation 28 shall be processed in the same manner as other citations. 29 Sec. 4. Section 321.32, Code 2021, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 3. This section shall not apply when 32 the vehicle’s current annual validation sticker issued under 33 section 321.34, subsection 2, is properly displayed on the 34 vehicle’s registration plate pursuant to that subsection. 35 -1- LSB 2022XS (5) 89 th/ns 1/ 3

S.F. 236 Sec. 5. EFFECTIVE DATE. This Act, being deemed of immediate 1 importance, takes effect upon enactment. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 Under current law, persons are prohibited from driving a 6 motor vehicle on a highway unless financial liability coverage 7 is in effect for the motor vehicle and unless the driver has 8 in the motor vehicle the proof of financial liability coverage 9 card issued for the motor vehicle, or if the motor vehicle is 10 registered in another state, other evidence that financial 11 liability coverage is in effect for the motor vehicle. A 12 proof of financial liability coverage card may be produced in 13 paper or electronic format, including on a cellular telephone. 14 A person cited for failing to provide proof of financial 15 liability coverage who produces to the clerk of court, prior 16 to the date of the person’s court appearance, proof that the 17 coverage was in effect for the motor vehicle at the time the 18 person was stopped and cited, or if the driver is not the owner 19 of the motor vehicle, proof that coverage was in effect for the 20 driver with respect to the motor vehicle being driven at the 21 time the driver was stopped and cited in the same manner as if 22 the motor vehicle were owned by the driver, is given a receipt 23 indicating that proof was provided, and the citation issued is 24 dismissed by the court. Upon dismissal, the court or clerk of 25 court assesses the costs of the action against the defendant 26 named on the citation. 27 A person convicted for violating the financial liability 28 coverage requirements in connection with a motor vehicle 29 accident is guilty of a simple misdemeanor punishable by a 30 scheduled fine of $645. A person otherwise convicted for 31 violating the financial liability coverage requirements is 32 guilty of a simple misdemeanor punishable by a scheduled fine 33 of $325. 34 However, this bill provides that a citation issued for 35 -2- LSB 2022XS (5) 89 th/ns 2/ 3

S.F. 236 failure to provide proof of financial liability coverage must 1 first provide for a 72-hour period within which the person 2 charged with the violation may provide proof of financial 3 liability coverage in effect at the time the person was stopped 4 and cited. If the person provides the proof, the citation must 5 be expunged. Under the bill, a peace officer is prohibited 6 from removing the motor vehicle’s plates and registration 7 receipt and impounding the motor vehicle until the 72-hour 8 period expires. 9 Current law requires a vehicle’s registration card to be 10 carried at all times in the vehicle and to be shown to any peace 11 officer upon the officer’s request. The bill exempts a person 12 from those requirements when the valid registration sticker 13 issued to the vehicle owner is properly displayed on the rear 14 registration plate. A person convicted for failing to carry, 15 show, or display proof of a vehicle’s registration is guilty of 16 a simple misdemeanor punishable by a scheduled fine of $30. 17 The bill takes effect upon enactment. 18 -3- LSB 2022XS (5) 89 th/ns 3/ 3