House
File
2393
-
Introduced
HOUSE
FILE
2393
BY
MASCHER
A
BILL
FOR
An
Act
imposing
a
registration
surcharge
on
certain
new
luxury
1
or
fuel-inefficient
motor
vehicles.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5946YH
(3)
83
dea/nh
H.F.
2393
Section
1.
Section
29A.101A,
subsection
5,
Code
2009,
is
1
amended
to
read
as
follows:
2
5.
Rents
or
lease
amounts
unpaid
for
the
period
preceding
3
the
effective
date
of
the
lease
termination
shall
be
paid
4
on
a
prorated
basis.
In
the
case
of
a
vehicle
lease,
the
5
lessor
shall
not
impose
an
early
termination
charge,
but
any
6
summonses,
title
and
registration
fees,
including
the
fee
for
7
new
registration
under
section
321.105A,
the
new
motor
vehicle
8
registration
surcharge
under
section
321.105B
if
applicable
,
9
and
any
other
obligation
and
liability
of
the
lessee
in
10
accordance
with
the
terms
of
the
lease,
including
reasonable
11
charges
to
the
lessee
for
excess
wear,
use,
and
mileage,
that
12
are
due
and
unpaid
at
the
time
of
termination
of
the
lease
13
shall
be
paid
by
the
lessee.
14
Sec.
2.
Section
321.2,
subsection
4,
Code
2009,
is
amended
15
to
read
as
follows:
16
4.
The
director
of
revenue
shall
administer
and
enforce
17
the
collection
of
the
fee
for
new
registration
as
provided
18
in
section
321.105A
and
the
new
motor
vehicle
registration
19
surcharge
as
provided
in
section
321.105B
.
20
Sec.
3.
Section
321.20,
subsection
1,
Code
2009,
is
amended
21
by
adding
the
following
new
paragraph:
22
NEW
PARAGRAPH
.
0f.
The
amount
of
the
new
motor
vehicle
23
registration
surcharge
to
be
paid
under
section
321.105B.
24
Sec.
4.
Section
321.23,
subsection
3,
Code
Supplement
2009,
25
is
amended
to
read
as
follows:
26
3.
In
the
event
an
applicant
for
registration
of
a
27
foreign
vehicle
for
which
a
certificate
of
title
has
been
28
issued
is
able
to
furnish
evidence
of
being
the
registered
29
owner
of
the
vehicle
to
the
county
treasurer
of
the
owner’s
30
residence,
although
unable
to
surrender
such
certificate
of
31
title,
the
county
treasurer
may
issue
a
registration
receipt
32
and
plates
upon
receipt
of
the
required
annual
registration
33
fee
and
the
fee
for
new
registration
,
plus
the
new
motor
34
vehicle
registration
surcharge
if
applicable,
but
shall
not
35
-1-
LSB
5946YH
(3)
83
dea/nh
1/
7
H.F.
2393
issue
a
certificate
of
title
thereto.
Upon
surrender
of
1
the
certificate
of
title
from
the
foreign
state,
the
county
2
treasurer
shall
issue
a
certificate
of
title
to
the
owner,
3
or
person
entitled
thereto,
of
such
vehicle
as
provided
in
4
this
chapter.
The
owner
of
a
vehicle
registered
under
this
5
subsection
shall
not
be
required
to
obtain
a
certificate
of
6
title
in
this
state
and
may
transfer
ownership
of
the
vehicle
7
to
a
motor
vehicle
dealer
licensed
under
chapter
322
if,
at
the
8
time
of
the
transfer,
the
certificate
of
title
is
held
by
a
9
secured
party
and
the
dealer
has
forwarded
to
the
secured
party
10
the
sum
necessary
to
discharge
the
security
interest
pursuant
11
to
section
321.48,
subsection
1.
12
Sec.
5.
Section
321.24,
subsection
10,
Code
Supplement
13
2009,
is
amended
to
read
as
follows:
14
10.
A
vehicle
shall
be
registered
for
the
registration
15
year.
A
vehicle
registered
for
the
first
time
in
this
state
16
shall
be
registered
for
the
remaining
unexpired
months
of
17
the
registration
year
and
pay
an
annual
registration
fee
18
prorated
for
the
remaining
unexpired
months
of
the
registration
19
year
,
plus
a
fee
for
new
registration
if
applicable
pursuant
20
to
section
321.105A
,
and
a
new
motor
vehicle
registration
21
surcharge
if
applicable
pursuant
to
section
321.105B
.
22
Except
for
a
vehicle
registered
under
chapter
326,
a
vehicle
23
registered
for
the
first
time
during
the
eleventh
month
of
the
24
owner’s
registration
year
may
be
registered
for
the
remaining
25
unexpired
months
of
the
registration
year
as
provided
in
26
this
paragraph
or
for
the
remaining
unexpired
months
of
the
27
registration
year
and
for
the
next
registration
year,
upon
28
payment
of
the
applicable
registration
fees.
29
Sec.
6.
Section
321.30,
subsection
3,
Code
2009,
is
amended
30
to
read
as
follows:
31
3.
The
department
or
the
county
treasurer
shall
refuse
32
registration
of
a
vehicle
if
the
applicant
for
registration
of
33
the
vehicle
has
failed
to
pay
the
required
annual
registration
34
fee
,
or
the
fee
for
new
registration
,
or
the
new
motor
vehicle
35
-2-
LSB
5946YH
(3)
83
dea/nh
2/
7
H.F.
2393
registration
surcharge
if
applicable,
of
any
vehicle
owned
or
1
previously
owned
when
the
fee
was
required
to
be
paid
by
the
2
applicant,
and
for
which
vehicle
the
registration
was
suspended
3
or
revoked
under
section
321.101,
subsection
1,
paragraph
“d”
,
4
or
section
321.101A,
until
the
fee
is
paid
together
with
any
5
accrued
penalties.
6
Sec.
7.
Section
321.46,
subsection
2,
Code
2009,
is
amended
7
to
read
as
follows:
8
2.
Upon
filing
the
application
for
a
new
registration
9
and
a
new
title,
the
applicant
shall
pay
a
title
fee
of
10
twenty
dollars,
an
annual
registration
fee
prorated
for
the
11
remaining
unexpired
months
of
the
registration
year,
and
a
fee
12
for
new
registration
if
applicable
,
and
a
new
motor
vehicle
13
registration
surcharge
if
applicable
.
A
manufacturer
applying
14
for
a
certificate
of
title
pursuant
to
section
322G.12
shall
15
pay
a
title
fee
of
ten
dollars.
However,
a
title
fee
shall
16
not
be
charged
to
a
manufactured
or
mobile
home
retailer
17
applying
for
a
certificate
of
title
for
a
used
mobile
home
or
18
manufactured
home,
titled
in
Iowa,
as
required
under
section
19
321.45,
subsection
4.
The
county
treasurer,
if
satisfied
of
20
the
genuineness
and
regularity
of
the
application,
and
in
the
21
case
of
a
mobile
home
or
manufactured
home,
that
taxes
are
22
not
owing
under
chapter
435,
and
that
applicant
has
complied
23
with
all
the
requirements
of
this
chapter,
shall
issue
a
24
new
certificate
of
title
and,
except
for
a
mobile
home,
25
manufactured
home,
or
a
vehicle
returned
to
and
accepted
by
a
26
manufacturer
as
described
in
section
322G.12,
a
registration
27
card
to
the
purchaser
or
transferee,
shall
cancel
the
prior
28
registration
for
the
vehicle,
and
shall
forward
the
necessary
29
copies
to
the
department
on
the
date
of
issuance,
as
prescribed
30
in
section
321.24.
Mobile
homes
or
manufactured
homes
titled
31
under
chapter
448
that
have
been
subject
under
section
446.18
32
to
a
public
bidder
sale
in
a
county
shall
be
titled
in
the
33
county’s
name,
with
no
fee,
and
the
county
treasurer
shall
34
issue
the
title.
35
-3-
LSB
5946YH
(3)
83
dea/nh
3/
7
H.F.
2393
Sec.
8.
Section
321.101A,
Code
2009,
is
amended
to
read
as
1
follows:
2
321.101A
Revocation
of
registration
by
county
treasurer.
3
The
county
treasurer
may
revoke
the
registration
and
4
registration
plates
of
a
vehicle
if
the
annual
registration
5
fee
,
or
the
fee
for
new
registration
,
or
the
new
motor
vehicle
6
registration
surcharge
is
paid
by
check,
electronic
payment,
or
7
credit
card
and
the
check,
electronic
payment,
or
credit
card
8
is
not
honored
by
the
payer’s
financial
institution
or
credit
9
card
company,
upon
reasonable
notice
and
demand.
The
owner
10
of
the
vehicle
or
person
in
possession
of
the
registration
11
and
registration
plates
for
the
vehicle
shall
immediately
12
return
the
revoked
registration
and
registration
plates
to
the
13
appropriate
county
treasurer’s
office.
14
Sec.
9.
Section
321.105A,
subsection
1,
unnumbered
15
paragraph
1,
Code
Supplement
2009,
is
amended
to
read
as
16
follows:
17
The
following
terms,
when
used
in
this
section
or
section
18
321.105B
,
shall
have
the
following
meanings,
except
in
those
19
instances
where
the
context
clearly
indicates
otherwise:
20
Sec.
10.
NEW
SECTION
.
321.105B
New
motor
vehicle
21
registration
surcharge
——
new
luxury
vehicles
and
new
22
fuel-inefficient
vehicles.
23
1.
In
addition
to
the
fee
for
new
registration,
a
new
motor
24
vehicle
registration
surcharge
is
imposed
in
the
amount
of
four
25
tenths
of
one
percent
of
the
purchase
price
of
a
new
motor
26
vehicle
subject
to
the
fee
for
new
registration
under
section
27
321.105A,
subsection
2,
or
four
tenths
of
one
percent
of
the
28
leased
price
of
a
new
motor
vehicle
subject
to
the
fee
for
new
29
registration
under
section
321.105A,
subsection
3,
if
the
new
30
motor
vehicle
is
also
subject
to
registration
based
on
the
31
weight
and
value
of
the
motor
vehicle
under
section
321.109,
32
subsection
1.
The
surcharge
shall
be
paid
by
the
owner
of
the
33
vehicle
to
the
county
treasurer
at
the
time
application
is
34
made
for
registration
and
certificate
of
title,
in
the
manner
35
-4-
LSB
5946YH
(3)
83
dea/nh
4/
7
H.F.
2393
provided
in
section
321.105A.
1
2.
A
motor
vehicle
is
exempt
from
the
surcharge
imposed
2
under
this
section
if
both
of
the
following
apply:
3
a.
The
purchase
price
or
leased
price
of
the
motor
vehicle
4
is
less
than
forty-five
thousand
dollars.
5
b.
The
fuel
economy
of
the
motor
vehicle,
as
determined
by
6
the
United
States
environmental
protection
agency
administrator
7
in
accordance
with
26
U.S.C.
§
4064(c),
is
nineteen
miles
per
8
gallon
or
more.
9
3.
The
director
of
revenue,
in
consultation
with
the
10
department
of
transportation,
shall
administer
and
enforce
the
11
surcharge
imposed
under
this
section
as
nearly
as
possible
12
in
conjunction
with
the
administration
of
the
fee
for
new
13
registration
as
provided
in
section
321.105A,
subsection
4.
14
4.
Moneys
collected
from
the
surcharge
imposed
pursuant
to
15
this
section
shall
be
deposited
in
the
road
use
tax
fund.
16
Sec.
11.
Section
321.129,
subsection
3,
Code
2009,
is
17
amended
to
read
as
follows:
18
3.
This
section
does
not
apply
to
the
fee
for
new
19
registration
administered
by
the
department
of
revenue
pursuant
20
to
section
321.105A
or
the
new
motor
vehicle
registration
21
surcharge
administered
by
the
department
of
revenue
pursuant
to
22
section
321.105B
.
23
Sec.
12.
Section
321.151,
Code
2009,
is
amended
to
read
as
24
follows:
25
321.151
Duty
and
liability
of
treasurer.
26
The
county
treasurer
shall
collect
the
registration
fee,
the
27
fee
for
new
registration,
the
new
motor
vehicle
registration
28
surcharge,
and
penalties
on
each
vehicle
registered
by
the
29
county
treasurer
and
shall
be
responsible
on
the
county
30
treasurer’s
bond
for
such
amount.
The
county
treasurer
shall
31
remit
such
amount
to
the
treasurer
of
state
as
provided
in
this
32
chapter.
Fees
collected
pursuant
to
participation
in
county
33
issuance
of
driver’s
licenses
under
chapter
321M
shall
be
34
governed
by
the
provisions
of
that
chapter.
35
-5-
LSB
5946YH
(3)
83
dea/nh
5/
7
H.F.
2393
Sec.
13.
Section
321.152,
subsection
1,
paragraph
a,
Code
1
2009,
is
amended
to
read
as
follows:
2
a.
Four
percent
of
the
total
collection,
excluding
the
3
amount
of
any
fee
for
new
registration
or
new
motor
vehicle
4
registration
surcharge
,
for
each
annual
or
semiannual
vehicle
5
registration
and
each
duplicate
registration
card
or
plate
6
issued.
7
Sec.
14.
Section
322G.4,
subsection
2,
unnumbered
paragraph
8
2,
Code
2009,
is
amended
to
read
as
follows:
9
Refunds
shall
be
made
to
the
consumer
and
lienholder
of
10
record,
if
any,
as
their
interests
appear.
If
applicable,
11
refunds
shall
be
made
to
the
lessor
and
lessee
as
follows:
the
12
lessee
shall
receive
the
lessee’s
cost
less
a
reasonable
offset
13
for
use,
and
the
lessor
shall
receive
the
lease
price
less
the
14
aggregate
deposit
and
rental
payments
previously
paid
to
the
15
lessor
for
the
leased
vehicle.
If
it
is
determined
that
the
16
lessee
is
entitled
to
a
refund
pursuant
to
this
chapter,
the
17
consumer’s
lease
agreement
with
the
lessor
is
terminated
upon
18
payment
of
the
refund
and
no
penalty
for
early
termination
19
shall
be
assessed.
The
department
of
revenue
shall
refund
20
to
the
manufacturer
any
use
tax
or
fee
for
new
registration
21
and
any
new
motor
vehicle
registration
surcharge
which
the
22
manufacturer
refunded
to
the
consumer,
lessee,
or
lessor
under
23
this
section,
if
the
manufacturer
provides
to
the
department
of
24
revenue
a
written
request
for
a
refund
and
evidence
that
the
25
use
tax
or
fee
for
new
registration
and
the
new
motor
vehicle
26
registration
surcharge,
if
applicable,
was
paid
when
the
27
vehicle
was
purchased
and
that
the
manufacturer
refunded
the
28
use
tax
or
fee
for
new
registration
to
the
consumer,
lessee,
29
or
lessor.
30
EXPLANATION
31
This
bill
imposes
a
one-time
registration
surcharge
on
32
new
motor
vehicles
with
a
purchase
price
or
leased
price
of
33
$45,000
or
more
or
a
fuel
economy
rating
lower
than
19
miles
34
per
gallon.
The
surcharge
equals
0.4
percent
of
the
motor
35
-6-
LSB
5946YH
(3)
83
dea/nh
6/
7
H.F.
2393
vehicle’s
purchase
price
or
leased
price.
The
surcharge
1
applies
to
motor
vehicles
that
are
registered
annually
for
2
a
fee
based
on
the
weight
and
value
of
the
vehicle
and
are
3
subject
to
the
fee
for
new
registration
(formerly
the
vehicle
4
use
tax).
5
The
new
motor
vehicle
registration
surcharge
is
collected
6
at
the
time
a
new
motor
vehicle
is
first
registered
with
a
7
county
treasurer.
The
department
of
revenue
will
administer
8
the
surcharge
under
the
same
provisions
that
apply
for
9
administration
of
the
fee
for
new
vehicle
registration.
10
Revenues
from
the
new
motor
vehicle
registration
surcharge
11
are
to
be
deposited
in
the
road
use
tax
fund.
12
-7-
LSB
5946YH
(3)
83
dea/nh
7/
7