Text: HF02192 Text: HF02194 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.20, Code Supplement 1997, is 1 2 amended by adding the following new subsection: 1 3 NEW SUBSECTION. 6. A statement issued by the appropriate 1 4 county treasurer that all registration fees previously owing 1 5 on the vehicle have been paid in full. 1 6 Sec. 2. Section 321.20A, subsection 1, Code 1997, is 1 7 amended to read as follows: 1 8 1. Notwithstanding other provisions of this chapter, the 1 9 owner of a commercial vehicle subject to the proportional 1 10 registration provisions of chapter 326, may make application 1 11 to the department for a certificate of title. The application 1 12 for certificate of title shall be made withinfifteenthirty 1 13 days of purchase or transfer and accompanied by a ten dollar 1 14 title fee and appropriate use tax. 1 15 Sec. 3. Section 321.45, subsection 4, Code 1997, is 1 16 amended to read as follows: 1 17 4. A mobile home dealer, as defined in section 322B.2, 1 18 shall withinfifteenthirty days of acquiring a used mobile or 1 19 manufactured home, titled in Iowa, apply for and obtain from 1 20 the county treasurer of the dealer's county of residence a new 1 21 certificate of title for the mobile or manufactured home. 1 22 Sec. 4. Section 321.46, subsection 1, Code 1997, is 1 23 amended to read as follows: 1 24 1. The transferee shall withinfifteenthirty calendar 1 25 days after purchase or transfer apply for and obtain from the 1 26 county treasurer of the person's residence, or if a 1 27 nonresident, the county treasurer of the county where the 1 28 primary users of the vehicle are located or the county where 1 29 all other vehicles owned by the nonresident are registered, a 1 30 new registration and a new certificate of title for the 1 31 vehicle except as provided in section 321.25 or 321.48. The 1 32 transferee shall present with the application the certificate 1 33 of title endorsed and assigned by the previous owner and shall 1 34 indicate the name of the county in which the vehicle was last 1 35 registered and the registration expiration date. The 2 1 transferee shall be required to list a motor vehicle license 2 2 number. 2 3 Sec. 5. Section 321.48, subsection 2, Code 1997, is 2 4 amended to read as follows: 2 5 2. A foreign registered vehicle purchased or otherwise 2 6 acquired by a dealer for the purpose of resale shall be issued 2 7 a certificate of title for the vehicle by the county treasurer 2 8 of the dealer's residence upon proper application as provided 2 9 in this chapter and upon payment of a fee of five dollars and 2 10 the dealer is exempt from the payment of any and all 2 11 registration fees for the vehicle. The application for 2 12 certificate of title shall be made withinfifteenthirty days 2 13 after the vehicle comes within the border of the state. 2 14 However, a dealer acquiring a vehicle registered in another 2 15 state which permits Iowa dealers to reassign that state's 2 16 certificates of title shall not be required to obtain a new 2 17 registration or a new certificate of title and upon 2 18 transferring title or interest to another person shall execute 2 19 an assignment upon the certificate of title for the vehicle to 2 20 the person to whom the transfer is made and deliver the 2 21 assigned certificate of title to the person. 2 22 Sec. 6. Section 321.49, subsections 1 and 3, Code 1997, 2 23 are amended to read as follows: 2 24 1. Except as provided in section 321.52, if an application 2 25 for transfer of registration and certificate of title is not 2 26 submitted to the county treasurer of the residence of the 2 27 transferee withinfifteenthirty days of the date of 2 28 assignment or transfer of title, or withintwenty-twothirty- 2 29 seven days of the date of delivery to the purchaser if the 2 30 vehicle is subject to a security interest and was offered for 2 31 sale pursuant to section 321.48, subsection 1, a penalty of 2 32 ten dollars shall accrue against the applicant, and no 2 33 registration card or certificate of title shall be issued to 2 34 the applicant for the vehicle until the penalty is paid. 2 35 3. A mobile home dealer who acquires a used mobile home, 3 1 titled in Iowa, and who does not apply for and obtain a 3 2 certificate of title from the county treasurer of the dealer's 3 3 county of residence withinfifteenthirty days of the date of 3 4 acquisition, as required under section 321.45, subsection 4, 3 5 is subject to a penalty of ten dollars. A certificate of 3 6 title shall not be issued to the mobile home dealer until the 3 7 penalty is paid. 3 8 Sec. 7. Section 321.52, subsection 2, Code Supplement 3 9 1997, is amended to read as follows: 3 10 2. The purchaser or transferee of a motor vehicle for 3 11 which a certificate of title is issued which is sold for scrap 3 12 or junk shall surrender the certificate of title, properly 3 13 endorsed and signed by the previous owner, to the county 3 14 treasurer of the county of residence of the transferee, and 3 15 shall apply for a junking certificate from the county 3 16 treasurer, withinfifteenthirty days after assignment of the 3 17 certificate of title. The county treasurer shall issue to 3 18 such person without fee a junking certificate. A junking 3 19 certificate shall authorize the holder to possess, transport 3 20 or transfer by endorsement the ownership of the junked 3 21 vehicle. A certificate of title shall not again be issued for 3 22 the vehicle subsequent to the issuance of a junking 3 23 certificate except as provided in subsection 3. The county 3 24 treasurer shall cancel the record of the vehicle. The junking 3 25 certificate shall be printed on the registration receipt form 3 26 and shall be imprinted with the words "junking certificate", 3 27 as prescribed by the department. A space for transfer by 3 28 endorsement shall be on the reverse side of the junking 3 29 certificate. A separate form for the notation of the transfer 3 30 of component parts shall be attached to the junking 3 31 certificate when the certificate is issued. 3 32 Sec. 8. Section 321.52, subsection 4, paragraph a, Code 3 33 Supplement 1997, is amended to read as follows: 3 34 a. A vehicle rebuilder or a person engaged in the business 3 35 of buying, selling, or exchanging vehicles of a type required 4 1 to be registered in this state, upon acquisition of a wrecked 4 2 or salvage vehicle, shall surrender the certificate of title 4 3 or manufacturer's or importer's statement of origin properly 4 4 assigned, together with an application for a salvage 4 5 certificate of title to the county treasurer of the county of 4 6 residence of the purchaser or transferee withinfifteenthirty 4 7 days after the date of assignment of the certificate of title 4 8 for the wrecked or salvage motor vehicle. This subsection 4 9 applies only to vehicles with a fair market value of five 4 10 hundred dollars or more, based on the value before the vehicle 4 11 became wrecked or salvage. Upon payment of a fee of two 4 12 dollars, the county treasurer shall issue a salvage 4 13 certificate of title which shall bear the word "SALVAGE" 4 14 stamped or printed on the face of the title in a manner 4 15 prescribed by the department. A salvage certificate of title 4 16 may be assigned to an educational institution, a new motor 4 17 vehicle dealer licensed under chapter 322, a person engaged in 4 18 the business of purchasing bodies, parts of bodies, frames or 4 19 component parts of vehicles for sale as scrap metal, a salvage 4 20 pool, or an authorized vehicle recycler licensed under chapter 4 21 321H. An authorized vehicle recycler licensed under chapter 4 22 321H or a new motor vehicle dealer licensed under chapter 322 4 23 may assign a salvage certificate of title to any person. A 4 24 vehicle on which ownership has transferred to an insurer of 4 25 the vehicle, as a result of a settlement with the owner of the 4 26 vehicle arising out of damage to, or unrecovered theft of the 4 27 vehicle, shall be deemed to be a wrecked or salvage vehicle 4 28 and the insurer shall comply with this subsection to obtain a 4 29 salvage certificate of title withinfifteenthirty days after 4 30 the date of assignment of the certificate of title of the 4 31 vehicle. 4 32 Sec. 9. Section 321.89, subsection 4, unnumbered paragraph 4 33 1, Code 1997, is amended to read as follows: 4 34 If an abandoned vehicle has not been reclaimed as provided 4 35 for in subsection 3, the police authority or private entity 5 1 shall make a determination as to whether or not the vehicle 5 2 shall be sold for use upon the highways. If the vehicle is 5 3 not sold for use upon the highways, it shall be sold for junk, 5 4 or demolished and sold as scrap. The police authority or 5 5 private entity shall sell the vehicle at public auction. 5 6 Notwithstanding any other provision of this section, a police 5 7 authority or private entity, which has taken into possession 5 8 any abandoned vehicle which lacks an engine, two or more 5 9 wheels, another part which renders the vehicle totally 5 10 inoperable, or which has a fair market value of less than five 5 11 hundred dollars as determined by the police authority or 5 12 private entity, may dispose of the vehicle to a demolisher for 5 13 junk without public auction after complying with the 5 14 notification procedures in subsection 3. The purchaser of the 5 15 vehicle takes title free and clear of all liens and claims of 5 16 ownership, shall receive a sales receipt from the police 5 17 authority or private entity, and is entitled to register the 5 18 vehicle and receive a certificate of title if sold for use 5 19 upon the highways. If the vehicle is sold or disposed of to a 5 20 demolisher for junk, the demolisher shall make application for 5 21 a junking certificate to the county treasurer withinfifteen5 22 thirty days of purchase and shall surrender the sales receipt 5 23 in lieu of the certificate of title. 5 24 Sec. 10. Section 321.90, subsection 2, paragraphs d and e, 5 25 Code 1997, are amended to read as follows: 5 26 d. If the abandoned motor vehicle is not reclaimed in 5 27 accordance with section 321.89, subsection 3, or no lienholder 5 28 objects to the disposal in the case of an owner-applicant, the 5 29 police authority shall give the applicant a certificate of 5 30 authority allowing the applicant to obtain a junking 5 31 certificate for the motor vehicle. The applicant shall make 5 32 application for a junking certificate to the county treasurer 5 33 withinfifteenthirty days of purchase and surrender the 5 34 certificate of authority in lieu of the certificate of title. 5 35 The demolisher shall accept the junking certificate in lieu of 6 1 the certificate of title to the motor vehicle. 6 2 e. Notwithstanding any other provisions of this section 6 3 and sections 321.89 and 321.91, any person, firm, corporation, 6 4 or unit of government upon whose property or in whose 6 5 possession is found any abandoned motor vehicle, or any person 6 6 being the owner of a motor vehicle whose title certificate is 6 7 faulty, lost, or destroyed, may dispose of such motor vehicle 6 8 to a demolisher for junk without a title and without the 6 9 notification procedures of section 321.89, subsection 3, if 6 10 the motor vehicle lacks an engine or two or more wheels or 6 11 other structural part which renders the vehicle totally 6 12 inoperable. The police authority shall give the applicant a 6 13 certificate of authority. The owner shall apply to the county 6 14 treasurer for a junking certificate withinfifteenthirty days 6 15 of purchase and shall surrender the certificate of authority 6 16 in lieu of the certificate of title. 6 17 Sec. 11. Section 321.104, subsection 6, Code Supplement 6 18 1997, is amended to read as follows: 6 19 6. For a dealer to sell or transfer a mobile home without 6 20 delivering to the purchaser or transferee a certificate of 6 21 title or a manufacturer's or importer's certificate properly 6 22 assigned to the purchaser, or to transfer a mobile home 6 23 without disclosing to the purchaser the owner of the mobile 6 24 home in a manner prescribed by the department pursuant to 6 25 rules, or to fail to certify within seven days to the proper 6 26 county treasurer the information required under section 6 27 321.45, subsection 4, or to fail to apply for and obtain a 6 28 certificate of title for a used mobile home, titled in Iowa, 6 29 acquired by the dealer withinfifteenthirty days from the 6 30 date of acquisition as required under section 321.45, 6 31 subsection 4. 6 32 Sec. 12. IMPLEMENTATION OF ACT. Section 25B.2, subsection 6 33 3, shall not apply to this Act. 6 34 Sec. 13. CERTIFICATES OF TITLE – REVIEW. The state 6 35 department of transportation and the county treasurers shall 7 1 review the form and contents of certificates of title for 7 2 motor vehicles and mobile homes with the goal of simplifying 7 3 the use of the certificates in transferring ownership of motor 7 4 vehicles and mobile homes from one owner to another. The 7 5 department and the county treasurers shall report their 7 6 findings and recommendations regarding certificates of title 7 7 to the general assembly meeting in the year 1999. 7 8 EXPLANATION 7 9 This bill relates to the issuance of motor vehicle and 7 10 mobile home certificates of title. 7 11 The bill requires that an application for a certificate of 7 12 title include a statement issued by the county treasurer that 7 13 all registration fees previously owing on the vehicle have 7 14 been paid in full. 7 15 The bill extends the period for obtaining a new certificate 7 16 of title for motor vehicles and mobile homes from 15 to 30 7 17 days after purchase or transfer. An extension from 22 to 37 7 18 days is provided for certificates of title for vehicles 7 19 subject to a security interest that are sold by a motor 7 20 vehicle dealer. 7 21 The bill requires the state department of transportation 7 22 and the county treasurers to review the form and contents of 7 23 certificates of title for motor vehicles and mobile homes with 7 24 the goal of simplifying the use of the certificates in 7 25 transferring ownership. The findings and recommendations of 7 26 the review are to be reported to the general assembly meeting 7 27 in the year 1999. 7 28 The bill may include a state mandate as defined in Code 7 29 section 25B.3. This bill makes inapplicable Code section 7 30 25B.2, subsection 3, which would relieve a political 7 31 subdivision from complying with a state mandate if funding for 7 32 the cost of the state mandate is not provided or specified. 7 33 Therefore, political subdivisions are required to comply with 7 34 any state mandate included in this bill. 7 35 LSB 3189HH 77 8 1 jm/jw/5
Text: HF02192 Text: HF02194 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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