Bill Text: IA HF2183 | 2019-2020 | 88th General Assembly | Introduced

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Bill Title: A bill for an act relating to motor vehicle insurance, including requiring owners of registered motor vehicles to maintain financial liability coverage, establishing a motor vehicle insurance verification database, authorizing the use of automated registration plate reader systems, and authorizing county enforcement and diversion programs, establishing fees, providing penalties, and including effective date and applicability provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-02-13 - Subcommittee recommends indefinite postponement. [HF2183 Detail]

Download: Iowa-2019-HF2183-Introduced.html

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House File 2183 - Introduced
HOUSE FILE 2183
BY BRINK
A BILL FOR
An Act relating to motor vehicle insurance, including requiring
owners of registered motor vehicles to maintain financial
liability coverage, establishing a motor vehicle insurance
verification database, authorizing the use of automated
registration plate reader systems, and authorizing county
enforcement and diversion programs, establishing fees,
providing penalties, and including effective date and
applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 321.11, subsection 3, Code 2020, is
amended to read as follows:
3. Notwithstanding other provisions of this section to the
contrary, the department shall not release personal information
to a person, other than to an officer or employee of a law
enforcement agency, an employee of a federal or state agency
or political subdivision in the performance of the employee’s
official duties, a contract employee of the department of
inspections and appeals in the conduct of an investigation, or
a licensed private investigation agency or a licensed security
service or a licensed employee of either, if the information is
requested by the presentation of a registration plate number.
However, the department may release personal information to the
department’s designated agent for the purposes of chapter 321B.
In addition, an officer or employee of a law enforcement agency
may release the name, address, and telephone number of a motor
vehicle registrant to a person requesting the information by
the presentation of a registration plate number if the officer
or employee of the law enforcement agency believes that the
release of the information is necessary in the performance of
the officer’s or employee’s duties.
Sec. 2. Section 321.20B, subsection 1, paragraphs a and c,
Code 2020, are amended to read as follows:
a. (1) Notwithstanding chapter 321A , which requires
certain persons to maintain proof of financial responsibility,
a person shall not drive a motor vehicle on the highways of
this state unless financial liability coverage , as defined
in section 321.1, subsection 24B , is in effect for the motor
vehicle and unless the driver has in the motor vehicle the
proof of financial liability coverage card issued for the motor
vehicle, or if the vehicle is registered in another state,
other evidence that financial liability coverage is in effect
for the motor vehicle. A proof of financial liability coverage
card may be produced in paper or electronic format. Acceptable
electronic formats include electronic images displayed on a
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cellular telephone or any other portable electronic device that
has a display screen with touch input or a miniature keyboard.
(2) Notwithstanding chapter 321A, which requires certain
persons to maintain proof of financial responsibility, the
owner of any motor vehicle registered under this chapter shall
maintain financial liability coverage for the vehicle.
c. This subsection does not apply to the owner or operator
of a motor vehicle owned by or leased to the United States,
this state or another state, or any political subdivision of
this state or of another state, or to a motor vehicle which is
subject to section 325A.6 .
Sec. 3. NEW SECTION . 321B.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Advisory council” means the group established pursuant
to section 321B.2, subsection 2.
2. “Automatic registration plate reader system” means
a system of one or more fixed or mobile cameras that uses
computer algorithms to convert images of motor vehicle
registration plates into computer-readable data.
3. “Database” means the motor vehicle insurance verification
database created under this chapter.
4. “Department” means the state department of
transportation.
5. “Designated agent” means the position or positions
designated within the department or the third party with which
the department contracts under section 321B.2.
6. “Financial institution” means financial institution as
defined in 18 U.S.C. §20.
7. “Motor vehicle” means the same as defined in section
321.1.
8. “Peace officer” means the same as defined in section
321.1.
9. “Real-time internet services model” means an electronic
service established by insurers through the internet, the
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world wide web, or a similar proprietary or common carrier
electronic system that complies with the specifications and
standards of the insurance industry committee on motor vehicle
administration and that is available twenty-four hours per
day, seven days per week, subject to reasonable allowances for
scheduled maintenance or temporary system failures.
Sec. 4. NEW SECTION . 321B.2 Motor vehicle insurance
verification program —— advisory council.
1. A motor vehicle insurance verification program is
created within the department to be administered by the
department. The purposes of the program include all of the
following:
a. To establish a motor vehicle insurance verification
database to verify compliance with the requirements of section
321.20B.
b. To assist in reducing the number of uninsured motor
vehicles on the highways of the state.
c. To assist in increasing compliance with motor vehicle
insurance requirements and for other law enforcement purposes.
d. To assist in protecting the bona fide security interests
of financial institutions in motor vehicles.
2. a. The department of transportation shall establish an
advisory council, chaired by the director of the department or
a representative of the department appointed by the director,
consisting of six members including the director of the
department or the representative of the department appointed
by the director, a representative of the department of public
safety, an insurance company representative appointed by the
commissioner of insurance, an insurance agent appointed by
the commissioner of insurance, a representative of a trade
association of property and casualty insurers appointed by the
commissioner of insurance, and a representative of a vendor
with experience implementing real-time internet services
models and databases similar to the database created under
this chapter appointed by the director of the department of
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transportation.
b. The advisory council shall do all of the following:
(1) Make recommendations to the department on the best
methods and practices for implementing a real-time internet
services model for insurance verification.
(2) Assist in the development of a guide for insurers
detailing the data fields and other information necessary for
compliance with this chapter.
(3) Provide an annual report to the department detailing the
improvements and implementation efforts relating to insurance
verification in other states for consideration in improving
compliance and operations in this state.
3. The department shall either designate a position or
positions within the department or, following the competitive
bidding procedures as provided in chapter 8A, subchapter III,
shall contract with a third party, to act as the department’s
designated agent for administration of this chapter. The
designated agent shall establish and maintain a computer
database containing all of the following information:
a. Information provided by insurers under section 321B.3.
b. Information provided by the department under subsection
6.
c. Information obtained using a real-time internet services
model.
d. Any other information provided by the department pursuant
to this chapter.
4. The database shall be developed and maintained, and
access to a real-time internet services model shall be
provided, in accordance with guidelines established by the
department by rule to allow authorized state and local law
enforcement agencies and financial institutions to efficiently
access the records of the database and real-time internet
services model, including reports useful for the implementation
of this chapter, twenty-four hours per day, seven days
per week, subject to reasonable allowances for scheduled
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maintenance or temporary system failures.
a. Database reports shall be in a form and contain
information approved by the department.
b. Database reports may be made available through the
department’s internet site or through other electronic media
if the department determines that sufficient security is
provided to ensure compliance with the provisions of this
chapter regarding limitations on disclosure of information in
the database.
c. The department shall consult with the chief information
officer appointed under section 8B.2 for the purpose of
developing network security requirements for the database.
5. At least twice monthly, the designated agent shall do all
of the following, using information provided by the department:
a. Update the database with motor vehicle insurance
information provided by insurers in accordance with section
321B.3.
b. Compare all current motor vehicle registrations against
the database. If records in the database indicate that a
registered motor vehicle is not covered under an owner’s
policy of liability insurance, the designated agent shall
use a real-time internet services model to determine if the
registered motor vehicle is covered under an owner’s policy of
liability insurance.
6. On or before the seventh day of each calendar month, the
department shall provide the designated agent with the make,
model, year, and vehicle identification number of each vehicle
in the department’s motor vehicle database, and the name and
address of each person listed on each vehicle’s registration.
7. The department shall adopt rules in accordance with
chapter 17A establishing procedures for access to and the use
of the department’s motor vehicle database for the purposes of
administering and enforcing this chapter.
8. a. The designated agent shall archive database files at
least semiannually for auditing purposes.
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b. The department shall audit the program at least annually.
The audit shall include verification of:
(1) Billings made by the designated agent, if any.
(2) The accuracy of the designated agent’s matching of
vehicle registration records with insurance data.
Sec. 5. NEW SECTION . 321B.3 Motor vehicle insurance
reporting by insurers —— penalty.
1. a. Except as provided in paragraph “b” , each insurer
that issues a policy to a motor vehicle owner in this state
that includes motor vehicle liability coverage, uninsured
motorist coverage, underinsured motorist coverage, or
personal injury coverage shall, on or before the seventh
and twenty-first days of each calendar month, submit to the
department’s designated agent a record of each motor vehicle
insurance policy that was issued by the insurer and in effect
for a vehicle registered or garaged in this state as of the
date of the previous submission.
b. An insurer is not required to provide a record of a motor
vehicle insurance policy under paragraph “a” if the policy
covers a vehicle that is registered under chapter 326.
c. This subsection does not preclude more frequent
reporting.
2. A record provided by an insurer under subsection 1,
paragraph “a” , shall include all of the following:
a. The name, date of birth, and driver’s license number, if
the insured provides a driver’s license number to the insurer,
of each insured owner or operator, and the address of the named
insured.
b. The make, year, and vehicle identification number of each
insured vehicle.
c. The policy number and effective date of each policy.
3. An insurer shall provide the information required under
this section via electronic means or via another means the
designated agent agrees to accept.
4. a. The department may assess a civil penalty of not more
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than two hundred fifty dollars for each day an insurer fails to
comply with this section.
b. If an insurer shows that the failure to comply with this
section was inadvertent, accidental, or the result of excusable
neglect, the department may waive the civil penalty.
c. An insurer that discloses records to the department’s
designated agent in a reasonable, good-faith effort to comply
with the requirements of this section shall not be subject to a
civil penalty under paragraph “a” .
Sec. 6. NEW SECTION . 321B.4 Disclosure of database
information —— penalty.
1. Information provided to the designated agent and
information contained in the database under this chapter are
confidential and subject to the provisions and penalties of 18
U.S.C. §2721. Such information shall not be disclosed, except
as follows:
a. For the purpose of investigating, litigating, or
enforcing the financial liability coverage requirements
of section 321.20B, the designated agent shall provide an
electronic record to a state or local government agency or
court verifying motor vehicle financial liability coverage
information.
b. For the purpose of investigating, litigating, or
enforcing the financial liability coverage requirements of
section 321.20B, the designated agent shall, upon request,
issue to any state or local government agency or court a
certificate documenting motor vehicle financial liability
coverage, according to the database, of a specific individual
or motor vehicle for the time period designated by the
government agency or court.
c. Upon request, the department or its designated agent
shall disclose whether an individual is covered under a motor
vehicle insurance policy, proof of the insurance coverage
policy, and the insurance company name to:
(1) The individual or, if the individual is deceased,
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any person who is an interested party in the estate of the
individual as provided under chapter 633.
(2) The parent or legal guardian of the individual if the
individual is an unemancipated minor.
(3) The legal guardian of the individual if the individual
is legally incapacitated.
(4) A person who has power of attorney for the individual.
(5) A person who submits a notarized release from the
individual dated no more than ninety days before the date the
request is made.
(6) A person suffering loss or injury in a motor vehicle
accident in which the individual was involved, but only as part
of an accident report as authorized in section 321.271 relating
to access to accident reports.
d. For the purpose of investigating, enforcing, or
prosecuting laws or issuing citations, information related to a
motor vehicle owner or operator’s financial liability coverage
under section 321.20B may be provided to state or local law
enforcement agencies.
e. Upon request of a peace officer acting in an official
capacity under the provisions of paragraph “d” , the department
or the designated agent shall, upon request, disclose relevant
information contained in the database.
f. For the purpose of the state auditor conducting audits
of the program.
g. Upon request of a financial institution for the purpose
of protecting the financial institution’s bona fide security
interest in a motor vehicle.
2. a. The department may allow the designated agent to
prepare and deliver, upon request, a report on the insurance
information of a person or motor vehicle in accordance with
this section. The report may be in any of the following forms:
(1) A certified copy that is considered admissible in any
court proceeding in the same manner as the original.
(2) Information accessible through the internet or through
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another electronic medium if the department determines that
sufficient security is provided to ensure compliance with this
section.
b. The department may allow the designated agent to charge a
fee established by the department for each of the following:
(1) Authenticating a document, including preparation and
delivery of a certified copy.
(2) Accessing a record through the internet or through
another electronic medium.
(3) Providing a record to a financial institution under
subsection 1, paragraph “g” .
3. The designated agent or any other person who knowingly
releases or discloses information from the database for a
purpose other than those authorized in this section or to a
person who is not entitled to such information is guilty of a
class “D” felony.
4. Neither the state nor the department’s designated agent
shall be liable to any person for gathering, managing, or
using the information in the database in compliance with this
chapter.
5. The designated agent shall be responsible for
maintaining and securing the information in the database
provided by the department and insurers under sections 321B.2
and 321B.3.
6. An insurer acting in compliance with this chapter shall
not be liable to any person for the disclosure of information
supplied to the department or designated agent. The designated
agent shall indemnify an insurer against any loss arising from
the disclosure of information supplied to the department or
designated agent, provided the insurer supplied the information
to the department or designated agent in a manner that complies
with this chapter and rules adopted pursuant to this chapter.
Records provided by an insurer under this chapter shall be
deemed evidence of insurance and not a guarantee of insurance.
Sec. 7. NEW SECTION . 321B.5 Automated registration plate
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reader systems —— enforcement programs.
1. a. A county attorney may implement and administer an
uninsured vehicle enforcement program in the county attorney’s
county under which law enforcement agencies in the county may
use an automated registration plate reader system utilizing
individual automated registration plate reader system units to
access and collect data for the enforcement of section 321.20B.
b. A county attorney or law enforcement agency may enter
into a contractual agreement with an automated registration
plate reader system provider for purposes of providing
the necessary technology, equipment, and maintenance of an
automated registration plate reader system.
c. A law enforcement agency using an automated registration
plate reader system shall have access to the motor vehicle
insurance verification database created under this chapter
for purposes of determining whether a motor vehicle which has
had its registration plate number recorded by the automated
registration plate reader system is operating with financial
liability coverage as required under section 321.20B.
2. a. Access to an automated registration plate reader
system shall be restricted to authorized users of the law
enforcement agency utilizing the system. However, any entity
with which the agency or county attorney contracts to provide
the necessary technology, equipment, and maintenance of the
system shall be authorized, as necessary, to access the system
for required maintenance or software updates.
b. Data collected by an automated registration plate reader
system shall be retained by a law enforcement agency if the
data is or will be used to establish a violation of section
321.20B, as determined by the county attorney. Data collected
by an automated registration plate reader system and retained
by a law enforcement agency may be used in any court proceeding
to establish a violation of section 321.20B. The data shall
be deleted or destroyed if the data is no longer needed to
establish a violation of section 321.20B.
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c. A peace officer may verify by sworn affidavit that a
photograph generated by an automated registration plate reader
system identifies a particular motor vehicle operating or
having operated on the public highways of the state, and that
the motor vehicle insurance verification database indicates the
motor vehicle was not in compliance with section 321.20B at the
time of operation. The affidavit shall constitute probable
cause for purposes of prosecution for a violation of section
321.20B.
d. Data collected by an automated registration plate reader
system shall not be used by any person for purposes other than
to establish a violation of section 321.20B or as otherwise
authorized under this section.
e. A law enforcement agency shall not sell data collected by
an automated registration plate reader system for any purpose
or share such data for any purpose not authorized by this
section.
3. County attorneys who implement and administer an
uninsured vehicle enforcement program shall, in association
with the Iowa county attorneys association, collectively
submit a report to the general assembly by September 1 of each
year consisting of an evaluation of the uninsured vehicle
enforcement programs in the state, including any information
relating to or recommendations for improvement of the programs.
Sec. 8. NEW SECTION . 321B.6 Diversion programs.
1. A county attorney may implement and administer an
uninsured vehicle enforcement diversion program in the
county attorney’s county for purposes of diverting complaints
involving violations of section 321.20B by owners of motor
vehicles from criminal court to the diversion program in
order to enhance public safety and security through increased
compliance with section 321.20B. Under a diversion program,
the county attorney may, at the county attorney’s discretion,
defer a person’s prosecution for a violation of section 321.20B
and refer the person to the diversion program. In making the
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determination, the county attorney shall consider all of the
following factors:
a. Whether it is in the best interest of the person for the
person to be referred to the diversion program.
b. Whether it is in the best interest of the public for the
person to be referred to the diversion program.
c. Whether the person has previously received a warning
memorandum or has been previously convicted of a violation of
section 321.20B or a substantially similar statute of another
state.
d. Whether the person has other criminal charges currently
pending against the defendant, including the strength of the
evidence on which such charges are based.
2. Upon referral to a diversion program, a notice of the
referral shall be forwarded by mail to the last known address
of the registered owner of the motor vehicle. The notice shall
contain all of the following:
a. The date the alleged violation of section 321.20B
occurred.
b. A statement of the penalties for a violation of section
321.20B.
c. A statement that the records of the motor vehicle
insurance verification database indicate that the person, as
the registered owner of a motor vehicle, is not in compliance
with section 321.20B and that the complaint against the owner
has been referred to the diversion program.
d. The date before which the owner must contact the office
of the county attorney concerning the complaint.
3. If the owner fails to comply with the notice, the county
attorney may proceed with the prosecution of the owner as
provided by law.
4. The county attorney may enter into a written agreement
with the owner to defer prosecution on the complaint for a
period to be determined by the county attorney, not to exceed
two years. The conditions of an agreement to defer prosecution
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shall include all of the following:
a. The owner shall provide proof of financial liability
coverage currently in effect for the motor vehicle upon request
of the county attorney.
b. The owner shall comply with section 321.20B for the full
term of the agreement.
c. The owner shall not own or operate any vehicle in
violation of section 321.20B during the full term of the
agreement.
5. a. Each diversion agreement shall include a provision
requiring the owner to pay to the county attorney’s office a
fee equal to the fine as provided in section 805.8A, subsection
14, paragraph “f” , for a violation of section 321.20B. This
fee shall be deposited in a special county attorney fund with
the county treasurer to be known as the uninsured vehicle
enforcement diversion program fund.
b. The moneys deposited in the uninsured vehicle enforcement
diversion program fund shall be used by the county attorney
to pay for all expenses and costs of equipping, operating,
and monitoring the uninsured vehicle enforcement program or
the diversion program, or both, including but not limited
to contractual payments to third-party entities providing
essential services or equipment for detection of violations of
section 321.20B, including automated registration plate reader
systems, and payment of reasonable compensation to authorized
and participating law enforcement agencies as may be agreed
upon between the entities, law enforcement agencies, and the
county attorney.
c. The county treasurer shall keep records of all moneys
deposited in and disbursed from the uninsured vehicle
enforcement diversion program fund. The records of the moneys
shall be audited at the same time the records of the county
treasurer are audited.
d. If the owner furnishes proof to the satisfaction of the
county attorney that financial liability coverage was in effect
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at the time of the alleged violation, no fee shall be required.
6. County attorneys who implement and administer an
uninsured vehicle enforcement diversion program shall, in
association with the Iowa county attorneys association,
collectively submit a report to the general assembly by
September 1 of each year consisting of an evaluation of the
diversion programs in the state, including any information
relating to or recommendations for improvement of the programs,
and the amounts deposited in and disbursed from uninsured
vehicle enforcement diversion program funds in the state.
Sec. 9. EFFECTIVE DATE. This Act takes effect July 1, 2021.
Sec. 10. APPLICABILITY. The following apply on and after
the date on which the motor vehicle insurance verification
database established in this Act contains information on at
least ninety-five percent of the registered motor vehicles in
the state, as determined by the department of transportation:
1. The section of this Act enacting section 321B.5.
2. The section of this Act enacting section 321B.6.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to motor vehicle insurance.
FINANCIAL LIABILITY COVERAGE. Under current law, Code
section 321.20B prohibits a person from driving a motor
vehicle unless financial liability coverage is in effect for
the vehicle and unless the driver has in the vehicle the
proof of financial liability coverage card issued for the
vehicle. The bill additionally requires the owner of any
motor vehicle registered under Code chapter 321 to maintain
financial liability coverage for the vehicle. A violation
of Code section 321.20B is punishable by a scheduled fine of
$250, or $500 in connection with a vehicle accident, removal
of the vehicle’s license plates and registration receipt, and
impoundment, at the peace officer’s discretion. By operation
of law, the bill does not apply to certain motor vehicles not
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subject to registration under Code section 321.18, a lienholder
who has a security interest in a motor vehicle so long as the
lienholder maintains financial liability coverage for any
motor vehicle driven or moved by the lienholder in which the
lienholder has an interest, or a motor vehicle owned by a
licensed motor vehicle dealer or wholesaler.
INSURANCE VERIFICATION DATABASE. The bill establishes
a motor vehicle insurance verification program within
the department of transportation (DOT) for purposes of
administering a motor vehicle insurance verification database.
The bill requires the DOT to establish an advisory council
with members as provided in the bill for purposes of making
recommendations to, assisting, and reporting to the DOT on
matters related to the database.
The bill requires the DOT to either designate a position
within the DOT or, following competitive bidding procedures,
contract with a third party to act as the DOT’s designated
agent for administering the database. The designated agent
is required to update the database, compare information in
the database, and archive database files as provided in the
bill. The bill requires the DOT to audit the program at least
annually.
The bill sets forth certain reporting requirements under
which insurers must submit records to the designated agent.
The bill authorizes the DOT to assess a civil penalty of not
more than $250 for each day an insurer fails to comply with the
bill.
The bill sets forth certain limitations on the disclosure
of information in the database. Such information may be
disclosed to governmental agencies and courts for purposes
of investigating, litigating, or enforcing motor vehicle
financial liability requirements, and to certain other
persons as described in the bill. The bill provides that the
designated agent or any other person who knowingly discloses
the information in violation of the bill is guilty of a class
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“D” felony. A class “D” felony is punishable by confinement
for no more than five years and a fine of at least $750 but not
more than $7,500.
AUTOMATED REGISTRATION PLATE READER SYSTEMS. The bill
authorizes a county attorney to implement and administer an
uninsured vehicle enforcement program in the county attorney’s
county under which law enforcement agencies in the county may
use an automated registration plate reader system (system) to
access and collect data for the enforcement of Code section
321.20B. The bill allows a county attorney or law enforcement
agency to enter into a contractual agreement with a provider
for purposes of providing the necessary technology, equipment,
and maintenance of a system.
The bill provides that a law enforcement agency using
a system shall have access to the motor vehicle insurance
verification database for purposes of determining whether a
motor vehicle which has had its registration plate number
recorded by a system is operating with the required financial
liability coverage.
The bill specifies the persons who may have access to
a system, and provides for the collection, retention, and
destruction of data.
The bill allows a peace officer to verify by sworn affidavit
that a photograph generated by a system identifies a particular
motor vehicle operating or having operated on the highways,
and that the motor vehicle insurance verification database
indicates the motor vehicle was not in compliance with Code
section 321.20B at the time of operation. The affidavit
constitutes probable cause for purposes of prosecution for a
violation of Code section 321.20B.
The bill prohibits a law enforcement agency from selling
data collected by a system or sharing such data for any purpose
not authorized by the bill.
The bill requires county attorneys who implement and
administer an uninsured vehicle enforcement program to,
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in association with the Iowa county attorneys association,
collectively submit a report to the general assembly by
September 1 of each year consisting of an evaluation of the
uninsured vehicle enforcement programs in the state, including
any information relating to or recommendations for improvement
of the programs.
DIVERSION PROGRAMS. The bill authorizes a county attorney
to implement and administer an uninsured vehicle enforcement
diversion program (diversion program) in the county attorney’s
county for purposes of diverting complaints involving
violations of Code section 321.20B by owners of motor vehicles.
The county attorney may, at the county attorney’s discretion,
defer a person’s prosecution and refer the person to the
diversion program. The bill specifies factors the county
attorney must consider to make the determination.
The bill requires a notice to be mailed to a person upon
referral to a diversion program. If the person fails to comply
with the notice, the county attorney may proceed with the
prosecution of the person as provided by law.
The bill allows a county attorney to enter into a written
agreement with the person to defer prosecution on the complaint
for a period to be determined by the county attorney, not to
exceed two years. The bill specifies certain conditions that
must be included in an agreement to defer prosecution.
Each diversion agreement must include a provision requiring
the owner to pay to the county attorney’s office a fee of
between $250 and $500. The fees must be deposited in a special
county attorney fund with the county treasurer to be known
as the uninsured vehicle enforcement diversion program fund.
The moneys deposited in the fund must be used by the county
attorney to pay for all expenses and costs of equipping,
operating, and monitoring the programs, including but not
limited to contractual payments to third-party entities
providing essential services or equipment for detection
of violations of Code section 321.20B, including automated
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H.F. 2183
registration plate reader systems, and payment of reasonable
compensation to authorized and participating law enforcement
agencies as may be agreed upon between the entities, law
enforcement agencies, and the county attorney.
The county treasurer must keep records of all moneys
deposited in and disbursed from the fund, and records of the
moneys must be audited at the same time the records of the
county treasurer are audited.
If a person furnishes proof to the satisfaction of the county
attorney that financial liability coverage was in effect at the
time of the alleged violation, no fee is required.
The bill requires county attorneys who implement and
administer a diversion program to, in association with the Iowa
county attorneys association, collectively submit a report to
the general assembly by September 1 of each year consisting of
an evaluation of the diversion programs in the state, including
any information relating to or recommendations for improvement
of the programs, and the amounts deposited in and disbursed
from uninsured vehicle enforcement diversion program funds in
the state.
EFFECTIVE DATE AND APPLICABILITY. The bill takes effect
July 1, 2021. The provisions of the bill relating to automated
registration plate reader systems and diversion programs apply
on and after the date on which the motor vehicle insurance
verification database contains information on at least 95
percent of the registered motor vehicles in the state, as
determined by the DOT.
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LSB 6204YH (2) 88
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