House
File
918
-
Introduced
HOUSE
FILE
918
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
172)
A
BILL
FOR
An
Act
relating
to
motor
vehicle
financial
liability
coverage,
1
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
321.20,
subsection
1,
Code
2025,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
g.
If
the
vehicle
is
a
motor
vehicle,
the
3
owner
shall
certify
on
the
application
that
financial
liability
4
coverage
is
in
effect
for
the
motor
vehicle
pursuant
to
section
5
321.20B
and
provide
a
copy
of
the
proof
of
financial
liability
6
coverage
card
issued
for
the
motor
vehicle,
a
description
of
7
the
financial
liability
coverage
as
noted
on
the
proof
of
8
financial
liability
coverage
card,
or
other
documentation
9
acceptable
to
the
department.
This
paragraph
does
not
apply
10
to
a
motor
vehicle
excluded
from
the
requirements
of
section
11
321.20B.
12
Sec.
2.
Section
321.20B,
subsection
4,
paragraph
a,
13
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
14
follows:
15
If
a
peace
officer
stops
a
motor
vehicle
registered
in
this
16
state
and
the
driver
is
unable
to
provide
proof
of
financial
17
liability
coverage,
the
peace
officer
shall
do
one
of
the
18
following
if
the
driver
has
not
been
convicted
of
a
violation
19
of
subsection
1
within
the
previous
five-year
period
:
20
Sec.
3.
Section
321.20B,
subsection
4,
paragraph
c,
Code
21
2025,
is
amended
by
striking
the
paragraph.
22
Sec.
4.
Section
321.20B,
subsection
5,
unnumbered
paragraph
23
1,
Code
2025,
is
amended
to
read
as
follows:
24
If
the
a
peace
officer
stops
a
motor
vehicle
is
not
25
registered
in
this
state
and
the
driver
is
a
nonresident
and
26
unable
to
provide
proof
of
financial
liability
coverage
,
the
27
peace
officer
shall
do
one
of
the
following
if
the
driver
has
28
not
been
convicted
of
a
violation
of
subsection
1
within
the
29
previous
five-year
period
:
30
Sec.
5.
Section
321.20B,
subsection
5,
paragraph
b,
Code
31
2025,
is
amended
by
striking
the
paragraph
and
inserting
in
32
lieu
thereof
the
following:
33
b.
Issue
a
citation
to
the
driver.
34
Sec.
6.
Section
321.20B,
Code
2025,
is
amended
by
adding
the
35
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918
following
new
subsections:
1
NEW
SUBSECTION
.
5A.
If
a
peace
officer
stops
a
motor
2
vehicle
and
the
driver
is
unable
to
provide
proof
of
financial
3
liability
coverage
and
has
been
convicted
of
a
violation
of
4
subsection
1
within
the
previous
five-year
period,
the
peace
5
officer
shall
arrest
the
driver.
6
a.
If
the
motor
vehicle
is
registered
in
this
state,
the
7
peace
officer
may
remove
the
motor
vehicle’s
registration
8
plates
and
registration
receipt,
in
which
case
subsection
4,
9
paragraph
“a”
,
subparagraph
(3),
subparagraph
division
(a),
10
applies.
11
b.
The
peace
officer
may
impound
the
motor
vehicle,
in
12
which
case
subsection
4,
paragraph
“a”
,
subparagraph
(4),
13
subparagraph
divisions
(b)
and
(c),
apply.
14
c.
If
the
peace
officer
takes
action
under
paragraph
“a”
or
15
“b”
,
and
the
owner
of
the
vehicle
provides
proof
of
financial
16
liability
coverage
to
the
clerk
of
court,
subsection
4,
17
paragraph
“b”
,
subparagraph
(1),
applies.
18
NEW
SUBSECTION
.
5B.
An
owner
or
driver
cited
for
or
charged
19
with
a
violation
of
subsection
1
who
produces
to
the
clerk
of
20
court
prior
to
the
date
of
the
person’s
court
appearance
proof
21
that
financial
liability
coverage
was
in
effect
for
the
motor
22
vehicle
at
the
time
the
person
was
stopped,
or
if
the
driver
23
is
not
the
owner
of
the
motor
vehicle,
proof
that
financial
24
liability
coverage
was
in
effect
for
the
driver
with
respect
25
to
the
motor
vehicle
being
driven
at
the
time
the
driver
was
26
stopped
in
the
same
manner
as
if
the
motor
vehicle
were
owned
27
by
the
driver,
shall
be
given
a
receipt
indicating
that
proof
28
was
provided,
and
the
citation
or
charge
shall
be
dismissed
by
29
the
court.
Upon
dismissal,
the
court
or
clerk
of
court
shall
30
assess
the
costs
of
the
action
against
the
defendant.
31
NEW
SUBSECTION
.
5C.
a.
Except
as
provided
in
paragraph
32
“b”
,
a
person
convicted
of
a
violation
of
subsection
1
is
guilty
33
of
a
simple
misdemeanor
punishable
as
a
scheduled
violation
34
under
section
805.8A,
subsection
14,
paragraph
“f”
.
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b.
A
person
convicted
of
a
second
or
subsequent
violation
1
of
subsection
1
within
a
five-year
period
is
guilty
of
an
2
aggravated
misdemeanor.
3
Sec.
7.
Section
321.30,
Code
2025,
is
amended
by
adding
the
4
following
new
subsection:
5
NEW
SUBSECTION
.
4.
The
department
or
the
county
treasurer
6
shall
refuse
registration
of
a
motor
vehicle
if
the
owner
7
does
not
provide
satisfactory
proof
that
financial
liability
8
coverage
is
in
effect
for
the
motor
vehicle
pursuant
to
section
9
321.20B.
This
subsection
does
not
apply
to
a
motor
vehicle
10
excluded
from
the
requirements
of
section
321.20B.
11
Sec.
8.
Section
321.40,
Code
2025,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
11.
A
form
for
certification
of
financial
14
liability
coverage
pursuant
to
section
321.20B
shall
accompany
15
each
renewal
statement
sent
to
the
owner
of
a
motor
vehicle
16
under
this
section.
The
county
treasurer
shall
refuse
to
renew
17
the
registration
of
a
motor
vehicle
if
the
applicant
does
not
18
submit
satisfactory
proof
of
financial
liability
coverage
in
19
effect
for
the
motor
vehicle
pursuant
to
section
321.20B.
This
20
subsection
does
not
apply
to
a
motor
vehicle
excluded
from
the
21
requirements
of
section
321.20B.
22
Sec.
9.
Section
805.8A,
subsection
14,
paragraph
f,
Code
23
2025,
is
amended
to
read
as
follows:
24
f.
Proof
of
financial
responsibility.
If,
in
connection
with
25
a
motor
vehicle
accident,
a
person
is
charged
and
found
guilty
26
of
a
violation
of
section
321.20B,
subsection
1
,
the
scheduled
27
fine
is
six
hundred
forty-five
dollars;
otherwise,
the
28
scheduled
fine
for
a
violation
of
section
321.20B,
subsection
29
1
,
is
three
hundred
twenty-five
dollars.
Notwithstanding
30
section
805.12
,
fines
collected
pursuant
to
this
paragraph
31
shall
be
submitted
to
the
state
court
administrator
and
32
distributed
fifty
percent
to
the
victim
compensation
fund
33
established
in
section
915.94
,
twenty-five
percent
to
the
34
county
in
which
such
fine
is
imposed,
and
twenty-five
percent
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to
the
general
fund
of
the
state.
This
paragraph
does
not
1
apply
to
a
person
charged
under
section
321.20B,
subsection
5C,
2
paragraph
“b”
.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
motor
vehicle
financial
liability
7
coverage.
8
The
bill
requires
the
owner
of
a
motor
vehicle
to
certify
9
that
financial
liability
coverage
is
in
effect
for
the
vehicle
10
as
required
under
Code
section
321.20B
at
the
time
the
vehicle
11
is
registered
and
each
time
the
registration
is
renewed.
At
12
the
time
of
application
for
registration
of
a
motor
vehicle,
13
the
owner
is
required
to
provide
a
copy
of
the
proof
of
14
financial
liability
coverage
card
issued
for
the
motor
vehicle,
15
a
description
of
the
coverage
as
noted
on
the
card,
or
other
16
documentation
acceptable
to
the
department
of
transportation
17
(DOT).
The
DOT
or
county
treasurer
cannot
register
a
motor
18
vehicle
or
renew
a
registration
in
the
absence
of
satisfactory
19
proof
that
financial
liability
coverage
is
in
effect
for
the
20
vehicle.
These
provisions
do
not
apply
to
motor
vehicles
21
excluded
from
the
requirements
of
Code
section
321.20B.
22
Under
current
law,
a
person
driving
a
motor
vehicle
on
a
23
highway
is
required
to
have
financial
liability
coverage
in
24
effect
for
the
motor
vehicle
and
have
the
proof
of
financial
25
liability
coverage
card
issued
for
the
motor
vehicle
in
the
26
motor
vehicle,
unless
specifically
excepted.
For
a
violation
27
of
these
provisions,
a
peace
officer
is
required
to
issue
a
28
warning
memorandum;
issue
a
citation;
issue
a
citation
and
29
remove
the
motor
vehicle’s
license
plates
and
registration
30
receipt;
or
issue
a
citation,
remove
the
motor
vehicle’s
31
license
plates
and
registration
receipt,
and
impound
the
motor
32
vehicle,
when
the
officer
stops
a
driver
whose
vehicle
is
33
registered
in
Iowa.
If
the
vehicle
is
not
registered
in
Iowa
34
and
the
driver
is
a
nonresident,
the
peace
officer
must
issue
a
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warning
memorandum
or
a
citation.
A
person
who
does
not
have
1
financial
liability
coverage
in
effect
for
the
vehicle
or
who
2
does
not
carry
proof
of
such
coverage
in
the
vehicle
commits
3
a
simple
misdemeanor
punishable
as
a
scheduled
violation.
If
4
in
connection
with
a
motor
vehicle
accident,
the
scheduled
5
fine
is
$645;
otherwise,
the
scheduled
fine
is
$325.
A
fine
6
collected
must
be
submitted
to
the
state
court
administrator
7
and
distributed
50
percent
to
the
victim
compensation
fund,
25
8
percent
to
the
county
in
which
such
fine
is
imposed,
and
25
9
percent
to
the
general
fund
of
the
state.
10
The
bill
makes
a
second
or
subsequent
violation
of
Code
11
section
321.20B(1)
within
five
years
an
aggravated
misdemeanor.
12
For
the
penalty
enhancement,
the
bill
does
not
distinguish
13
between
vehicles
registered
in
Iowa,
or
not,
or
drivers
who
14
are
residents
of
Iowa,
or
not.
A
peace
officer
is
required
15
to
arrest
the
driver
if
the
driver
cannot
provide
proof
of
16
financial
liability
coverage
and
was
previously
convicted
for
17
the
same
violation
within
five
years.
A
peace
officer
may
18
remove
the
motor
vehicle’s
registration
plates
and
registration
19
receipt,
or
impound
the
motor
vehicle,
in
which
case
associated
20
procedures
under
current
law
apply.
In
accordance
with
21
current
law,
a
person
cited
for
a
violation,
including
a
person
22
arrested
for
a
second
or
subsequent
violation
under
the
bill,
23
may
provide
proof
that
financial
liability
coverage
was
in
24
effect
at
the
time
the
person
was
stopped
and
the
court
must
25
dismiss
the
citation
or
charge
and
assess
costs
to
the
person.
26
An
aggravated
misdemeanor
is
punishable
by
confinement
for
no
27
more
than
two
years
and
a
fine
of
at
least
$855
but
not
more
28
than
$8,540.
The
fine
will
be
collected
by
the
clerk
of
the
29
district
court
and
submitted
to
the
state
court
administrator
30
for
distribution
as
provided
in
Code
section
602.8108.
31
Financial
liability
coverage
is
generally
required
to
be
32
in
effect
for
every
motor
vehicle
driven
on
Iowa
highways.
33
However,
the
requirement
does
not
apply
to
vehicles
owned
by
34
or
leased
to
the
United
States,
Iowa,
or
another
state,
or
any
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political
subdivision
thereof;
vehicles
subject
to
Code
section
1
325A.6
(motor
carrier
insurance);
certain
motor
vehicles
not
2
subject
to
registration
(Code
section
321.18);
a
lienholder
3
with
a
security
interest
in
a
motor
vehicle
that
does
not
4
drive
or
move
the
vehicle;
and
motor
vehicles
owned
by
a
motor
5
vehicle
dealer
or
wholesaler
licensed
pursuant
to
Code
chapter
6
322.
7
The
bill
makes
organizational
changes
to
Code
section
8
321.20B.
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