Bill Text: IA HF220 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF220 Detail]
Download: Iowa-2013-HF220-Introduced.html
House
File
220
-
Introduced
HOUSE
FILE
220
BY
R.
OLSON
A
BILL
FOR
An
Act
relating
to
the
assessment
of
court
costs
and
1
administrative
fees
upon
dismissal
of
a
citation
for
driving
2
without
proof
of
financial
liability
coverage.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.20B,
subsection
4,
paragraph
b,
1
subparagraph
(1),
subparagraph
divisions
(a)
and
(b),
Code
2
2013,
are
amended
to
read
as
follows:
3
(a)
If
the
person
was
cited
pursuant
to
paragraph
“a”
,
4
subparagraph
(3),
the
owner
or
driver
shall
provide
a
copy
of
5
the
receipt
to
the
county
treasurer
of
the
county
in
which
the
6
motor
vehicle
is
registered
,
and
the
owner
shall
be
assessed
a
7
fifteen
dollar
administrative
fee
by
the
county
treasurer
who
8
shall
issue
new
license
plates
and
registration
to
the
person
9
after
payment
of
the
fee
.
10
(b)
If
the
person
was
cited
pursuant
to
paragraph
“a”
,
11
subparagraph
(4),
the
owner
or
driver,
after
the
owner
12
provides
proof
of
financial
liability
coverage
to
the
clerk
13
of
court,
may
claim
the
motor
vehicle
after
such
person
pays
14
any
applicable
fine
and
the
costs
of
towing
and
storage
for
15
the
motor
vehicle
,
and
the
.
The
owner
or
driver
provides
16
shall
provide
a
copy
of
the
receipt
and
the
owner
pays
to
the
17
county
treasurer
of
the
county
in
which
the
motor
vehicle
is
18
registered
a
fifteen
dollar
administrative
fee
,
and
the
county
19
treasurer
shall
issue
new
license
plates
and
registration
to
20
the
person.
21
Sec.
2.
Section
321.20B,
subsection
4,
paragraph
c,
Code
22
2013,
is
amended
to
read
as
follows:
23
c.
An
owner
or
driver
cited
for
a
violation
of
subsection
24
1
,
who
produces
to
the
clerk
of
court
prior
to
the
date
of
the
25
person’s
court
appearance
as
indicated
on
the
citation
proof
26
that
financial
liability
coverage
was
in
effect
for
the
motor
27
vehicle
at
the
time
the
person
was
stopped
and
cited,
shall
28
not
be
convicted
of
such
violation
and
the
citation
issued
29
shall
be
dismissed
by
the
court.
Upon
dismissal,
the
court
or
30
clerk
of
court
shall
assess
the
costs
of
the
action
against
the
31
defendant
named
on
the
citation.
32
Sec.
3.
Section
321.20B,
subsection
5,
paragraph
b,
Code
33
2013,
is
amended
to
read
as
follows:
34
b.
Issue
a
citation.
An
owner
or
driver
who
produces
35
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220
to
the
clerk
of
court
prior
to
the
date
of
the
person’s
1
court
appearance
as
indicated
on
the
citation
proof
that
the
2
financial
liability
coverage
was
in
effect
for
the
motor
3
vehicle
at
the
time
the
person
was
stopped
and
cited,
or
if
4
the
driver
is
not
the
owner
of
the
motor
vehicle,
proof
that
5
liability
coverage
was
in
effect
for
the
driver
with
respect
6
to
the
motor
vehicle
being
driven
at
the
time
the
driver
was
7
stopped
and
cited
in
the
same
manner
as
if
the
motor
vehicle
8
were
owned
by
the
driver,
shall
be
given
a
receipt
indicating
9
that
proof
was
provided,
and
the
citation
issued
shall
be
10
dismissed
by
the
court.
Upon
dismissal,
the
court
or
clerk
11
of
court
shall
assess
the
costs
of
the
action
against
the
12
defendant
named
on
the
citation.
13
EXPLANATION
14
Under
current
law,
when
a
peace
officer
stops
a
motor
15
vehicle
and
the
driver
is
unable
to
provide
proof
of
financial
16
liability
coverage
for
the
vehicle,
the
peace
officer
17
may
issue
a
warning
or
a
citation
to
the
driver;
issue
a
18
citation
and
remove
the
motor
vehicle’s
license
plates
and
19
registration
receipt;
or
issue
a
citation,
remove
the
plates
20
and
registration
receipt,
and
impound
the
motor
vehicle.
If
21
the
person
receives
a
citation
and
then
produces
to
the
clerk
22
of
court
prior
to
the
date
of
the
person’s
court
appearance
23
proof
that
financial
liability
coverage
was
in
effect
for
the
24
motor
vehicle
at
the
time
the
person
was
stopped
and
cited,
the
25
court
is
required
to
dismiss
the
citation,
but
the
costs
of
the
26
action
are
assessed
against
the
defendant.
In
addition,
if
the
27
peace
officer
who
issued
the
citation
removed
the
vehicle’s
28
license
plates
and
registration
receipt
or
ordered
the
vehicle
29
impounded,
the
owner
of
the
vehicle
is
required
to
pay
a
30
$15
administrative
fee
to
the
county
treasurer
to
obtain
new
31
license
plates
and
registration.
If
the
vehicle
was
impounded,
32
the
cost
of
towing
and
storage
must
also
be
paid.
This
bill
33
strikes
the
requirement
that
court
costs
be
assessed
against
a
34
defendant
whose
citation
is
dismissed
and
the
requirement
that
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