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Bills and Amendments: General Index     Bill History: General Index

Senate File 2147

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2147
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO MOTOR VEHICLES, INCLUDING MOTOR VEHICLE ENFORCEMENT,
  1  5    TITLING, AND REGISTRATION, THE RENEWAL OF CERTAIN LICENSES
  1  6    RELATED TO SELLING VEHICLES, AND MOTOR CARRIER REGULATION,
  1  7    MAKING PENALTIES APPLICABLE, AND PROVIDING EFFECTIVE DATES.  
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11                           DIVISION I
  1 12         MOTOR VEHICLE REGISTRATION AND TITLING, DEALER
  1 13   LICENSING, AND MOTOR VEHICLE AND MOTOR CARRIER ENFORCEMENT
  1 14    Section 1.  Section 321.1, Code Supplement 1999, is amended
  1 15 by adding the following new subsection:
  1 16    NEW SUBSECTION.  83A.  "Towing or recovery vehicle" means a
  1 17 motor vehicle equipped with booms, winches, slings, or wheel
  1 18 lifts used to tow, recover, or transport other motor vehicles.
  1 19    Sec. 2.  Section 321.20A, subsection 1, Code 1999, is
  1 20 amended to read as follows:
  1 21    1.  Notwithstanding other provisions of this chapter, the
  1 22 owner of a commercial vehicle subject to the proportional
  1 23 registration provisions of chapter 326, may make application
  1 24 to the department for a certificate of title.  The application
  1 25 for certificate of title shall be made within fifteen thirty
  1 26 days of purchase or transfer and accompanied by a ten dollar
  1 27 title fee and appropriate use tax.
  1 28    Sec. 3.  Section 321.25, unnumbered paragraph 1, Code
  1 29 Supplement 1999, is amended to read as follows:
  1 30    A vehicle may be operated upon the highways of this state
  1 31 without registration plates for a period of forty-five days
  1 32 after the date of delivery of the vehicle to the purchaser
  1 33 from a dealer if a card bearing the words "registration
  1 34 applied for" is attached on the rear of the vehicle.  The card
  1 35 shall have plainly stamped or stenciled the registration
  2  1 number of the dealer from whom the vehicle was purchased and
  2  2 the date of delivery of the vehicle.  In addition, a dealer
  2  3 licensed to sell new motor vehicles may attach the card to a
  2  4 new motor vehicle delivered by the dealer to the purchaser
  2  5 even if the vehicle was purchased from an out-of-state dealer
  2  6 and the card shall bear the registration number of the dealer
  2  7 that delivered the vehicle.  A dealer shall not issue a card
  2  8 to a person known to the dealer to be in possession of
  2  9 registration plates which may be attached to the vehicle.  A
  2 10 dealer shall not issue a card unless an application for
  2 11 registration and certificate of title has been made by the
  2 12 purchaser and a receipt issued to the purchaser of the vehicle
  2 13 showing the fee paid by the person making the application.
  2 14 Dealers' records shall indicate the agency to which the fee is
  2 15 sent and the date the fee is sent.  The dealer shall forward
  2 16 the application by the purchaser to the county treasurer or
  2 17 state office within fifteen thirty calendar days from the date
  2 18 of delivery of the vehicle.  However, if the vehicle is
  2 19 subject to a security interest and has been offered for sale
  2 20 pursuant to section 321.48, subsection 1, the dealer shall
  2 21 forward the application by the purchaser to the county
  2 22 treasurer or state office within thirty calendar days from the
  2 23 date of the delivery of the vehicle to the purchaser.
  2 24    Sec. 4.  Section 321.30, subsection 13, unnumbered
  2 25 paragraph 2, Code Supplement 1999, is amended to read as
  2 26 follows:
  2 27    The department or the county treasurer shall also refuse
  2 28 registration of a vehicle if the applicant for registration of
  2 29 the vehicle has failed to pay the required registration fees
  2 30 of any vehicle owned or previously owned when the registration
  2 31 fee was required to be paid by the applicant, and for which
  2 32 vehicle the registration was suspended or revoked under
  2 33 section 321.101, subsection 4 1, paragraph "d", or section
  2 34 321.101A, until the fees are paid together with any accrued
  2 35 penalties.
  3  1    Sec. 5.  Section 321.30, Code Supplement 1999, is amended
  3  2 by adding the following new subsection:
  3  3    NEW SUBSECTION.  14.  The department or the county
  3  4 treasurer shall refuse registration of a vehicle if the
  3  5 applicant is under the age of eighteen years, unless the
  3  6 applicant has an Iowa driver's license or the application is
  3  7 being made by more than one applicant and one of the
  3  8 applicants is at least eighteen years of age.
  3  9    Sec. 6.  Section 321.46, subsection 1, Code Supplement
  3 10 1999, is amended to read as follows:
  3 11    1.  The transferee shall within fifteen thirty calendar
  3 12 days after purchase or transfer apply for and obtain from the
  3 13 county treasurer of the person's residence, or if a
  3 14 nonresident, the county treasurer of the county where the
  3 15 primary users of the vehicle are located or the county where
  3 16 all other vehicles owned by the nonresident are registered, a
  3 17 new registration and a new certificate of title for the
  3 18 vehicle except as provided in section 321.25 or 321.48.  The
  3 19 transferee shall present with the application the certificate
  3 20 of title endorsed and assigned by the previous owner and shall
  3 21 indicate the name of the county in which the vehicle was last
  3 22 registered and the registration expiration date.  The
  3 23 transferee shall be required to list a driver's license
  3 24 number.
  3 25    Sec. 7.  Section 321.50, subsection 4, unnumbered paragraph
  3 26 2, Code Supplement 1999, is amended to read as follows:
  3 27    If a title is presented for transfer, and the If a lien has
  3 28 been released by the lienholder but has not been sent to the
  3 29 county of record for clearance of the lien, the any county of
  3 30 transfer may note the release on the face of the title and
  3 31 shall notify the county of record that the lien has been
  3 32 released as of the specified date, and shall make entry upon
  3 33 the computer system, and shall proceed to transfer the title.
  3 34 Notification to the county of record shall be made by an
  3 35 automated statewide system, or by sending a photocopy of the
  4  1 released title to the county of record.
  4  2    Sec. 8.  Section 321.52, subsection 2, Code 1999, is
  4  3 amended to read as follows:
  4  4    2.  The purchaser or transferee of a motor vehicle for
  4  5 which a certificate of title is issued which is sold for scrap
  4  6 or junk shall surrender the certificate of title, properly
  4  7 endorsed and signed by the previous owner, to the county
  4  8 treasurer of the county of residence of the transferee, and
  4  9 shall apply for a junking certificate from the county
  4 10 treasurer, within fifteen thirty days after assignment of the
  4 11 certificate of title.  The county treasurer shall issue to
  4 12 such person without fee a junking certificate.  A junking
  4 13 certificate shall authorize the holder to possess, transport
  4 14 or transfer by endorsement the ownership of the junked
  4 15 vehicle.  A certificate of title shall not again be issued for
  4 16 the vehicle subsequent to the issuance of a junking
  4 17 certificate except as provided in subsection 3.  The county
  4 18 treasurer shall cancel the record of the vehicle.  The junking
  4 19 certificate shall be printed on the registration receipt form
  4 20 and shall be imprinted with the words "junking certificate",
  4 21 as prescribed by the department.  A space for transfer by
  4 22 endorsement shall be on the reverse side of the junking
  4 23 certificate.  A separate form for the notation of the transfer
  4 24 of component parts shall be attached to the junking
  4 25 certificate when the certificate is issued.
  4 26    Sec. 9.  Section 321.52, subsection 4, paragraph a, Code
  4 27 1999, is amended to read as follows:
  4 28    a.  A vehicle rebuilder or a person engaged in the business
  4 29 of buying, selling, or exchanging vehicles of a type required
  4 30 to be registered in this state, upon acquisition of a wrecked
  4 31 or salvage vehicle, shall surrender the certificate of title
  4 32 or manufacturer's or importer's statement of origin properly
  4 33 assigned, together with an application for a salvage
  4 34 certificate of title to the county treasurer of the county of
  4 35 residence of the purchaser or transferee within fifteen thirty
  5  1 days after the date of assignment of the certificate of title
  5  2 for the wrecked or salvage motor vehicle.  This subsection
  5  3 applies only to vehicles with a fair market value of five
  5  4 hundred dollars or more, based on the value before the vehicle
  5  5 became wrecked or salvage.  Upon payment of a fee of two
  5  6 dollars, the county treasurer shall issue a salvage
  5  7 certificate of title which shall bear the word "SALVAGE"
  5  8 stamped or printed on the face of the title in a manner
  5  9 prescribed by the department.  A salvage certificate of title
  5 10 may be assigned to an educational institution, a new motor
  5 11 vehicle dealer licensed under chapter 322, a person engaged in
  5 12 the business of purchasing bodies, parts of bodies, frames or
  5 13 component parts of vehicles for sale as scrap metal, a salvage
  5 14 pool, or an authorized vehicle recycler licensed under chapter
  5 15 321H.  An authorized vehicle recycler licensed under chapter
  5 16 321H or a new motor vehicle dealer licensed under chapter 322
  5 17 may assign a salvage certificate of title to any person.  A
  5 18 vehicle on which ownership has transferred to an insurer of
  5 19 the vehicle, as a result of a settlement with the owner of the
  5 20 vehicle arising out of damage to, or unrecovered theft of the
  5 21 vehicle, shall be deemed to be a wrecked or salvage vehicle
  5 22 and the insurer shall comply with this subsection to obtain a
  5 23 salvage certificate of title within fifteen thirty days after
  5 24 the date of assignment of the certificate of title of the
  5 25 vehicle.
  5 26    Sec. 10.  Section 321.58, Code 1999, is amended to read as
  5 27 follows:
  5 28    321.58  APPLICATION.
  5 29    All dealers, transporters, new motor vehicle wholesalers
  5 30 licensed under chapter 322, and mobile home dealers licensed
  5 31 under chapter 322B, upon payment of a fee of seventy dollars
  5 32 for two years, one hundred forty dollars for four years, or
  5 33 two hundred ten dollars for six years, may make application to
  5 34 the department upon the appropriate form for a certificate
  5 35 containing a general distinguishing number and for one or more
  6  1 special plates as appropriate to various types of vehicles
  6  2 subject to registration.  The applicant shall also submit
  6  3 proof of the applicant's status as a bona fide transporter,
  6  4 new motor vehicle wholesaler licensed under chapter 322,
  6  5 mobile home dealer licensed under chapter 322B, or dealer, as
  6  6 reasonably required by the department.  Dealers in new
  6  7 vehicles shall furnish satisfactory evidence of a valid
  6  8 franchise with the manufacturer of the vehicles authorizing
  6  9 the dealership.  A dealer licensed as a wholesaler for a new
  6 10 motor vehicle model pursuant to chapter 322, shall furnish
  6 11 satisfactory evidence of valid written authorization from the
  6 12 manufacturer of the new motor vehicle of the dealer's status
  6 13 as a wholesaler of the new motor vehicle model.
  6 14    Sec. 11.  Section 321.89, subsection 4, unnumbered
  6 15 paragraph 1, Code 1999, is amended to read as follows:
  6 16    If an abandoned vehicle has not been reclaimed as provided
  6 17 for in subsection 3, the police authority or private entity
  6 18 shall make a determination as to whether or not the vehicle
  6 19 shall be sold for use upon the highways.  If the vehicle is
  6 20 not sold for use upon the highways, it shall be sold for junk,
  6 21 or demolished and sold as scrap.  The police authority or
  6 22 private entity shall sell the vehicle at public auction.
  6 23 Notwithstanding any other provision of this section, a police
  6 24 authority or private entity, which has taken into possession
  6 25 any abandoned vehicle which lacks an engine, two or more
  6 26 wheels, another part which renders the vehicle totally
  6 27 inoperable, or which has a fair market value of less than five
  6 28 hundred dollars as determined by the police authority or
  6 29 private entity, may dispose of the vehicle to a demolisher for
  6 30 junk without public auction after complying with the
  6 31 notification procedures in subsection 3.  The purchaser of the
  6 32 vehicle takes title free and clear of all liens and claims of
  6 33 ownership, shall receive a sales receipt from the police
  6 34 authority or private entity, and is entitled to register the
  6 35 vehicle and receive a certificate of title if sold for use
  7  1 upon the highways.  If the vehicle is sold or disposed of to a
  7  2 demolisher for junk, the demolisher shall make application for
  7  3 a junking certificate to the county treasurer within fifteen
  7  4 thirty days of purchase and shall surrender the sales receipt
  7  5 in lieu of the certificate of title.
  7  6    Sec. 12.  Section 321.101, Code Supplement 1999, is amended
  7  7 to read as follows:
  7  8    321.101  SUSPENSION OR REVOCATION OF REGISTRATION OR
  7  9 CANCELLATION OF CERTIFICATE OF TITLE BY DEPARTMENT.
  7 10    1.  The department is hereby authorized to suspend or
  7 11 revoke the registration of a vehicle, registration card,
  7 12 registration plate, or any nonresident or other permit in any
  7 13 of the following events:
  7 14    1. a.  When the department is satisfied that such
  7 15 registration card, plate, or permit was fraudulently or
  7 16 erroneously issued.
  7 17    2. b.  When the department determines that a registered
  7 18 vehicle is mechanically unfit or unsafe to be operated or
  7 19 moved upon the highways.
  7 20    3. c.  When a registered vehicle has been dismantled or
  7 21 wrecked.
  7 22    4. d.  When the department determines that the required fee
  7 23 has not been paid and the same fee is not paid upon reasonable
  7 24 notice and demand.
  7 25    5. e.  When a registration card, registration plate, or
  7 26 permit is knowingly displayed upon a vehicle other than the
  7 27 one for which issued.
  7 28    6. f.  When the department determines that the owner has
  7 29 committed any offense under this chapter involving the
  7 30 registration card, plate, or permit to be suspended or
  7 31 revoked.
  7 32    7. g.  When the department is so authorized under any other
  7 33 provision of law.
  7 34    h.  If a commercial motor vehicle has been assigned to be
  7 35 operated by a commercial motor carrier whose ability to
  8  1 operate has been terminated or denied by a federal agency.
  8  2    8. 2.  The department shall cancel a certificate of title
  8  3 that appears to have been improperly issued or fraudulently
  8  4 obtained or in the case of a mobile home or manufactured
  8  5 housing, if taxes were owing under chapter 435 at the time the
  8  6 certificate was issued and have not been paid.  However,
  8  7 before the certificate to a mobile home or manufactured
  8  8 housing where for which taxes were owing can be canceled,
  8  9 notice and opportunity to pay the taxes must be given to the
  8 10 person to whom the certificate was issued.  Upon cancellation
  8 11 of any certificate of title the department shall notify the
  8 12 county treasurer who issued it, who shall enter the
  8 13 cancellation upon the records.  The department shall also
  8 14 notify the person to whom the certificate of title was issued,
  8 15 as well as any lienholders appearing thereon on the
  8 16 certificate of title, of the cancellation and shall demand the
  8 17 surrender of the certificate of title, but the cancellation
  8 18 shall not affect the validity of any lien noted thereon on the
  8 19 certificate of title.
  8 20    9.  If a commercial motor vehicle has been assigned to be
  8 21 operated by a commercial motor carrier whose ability to
  8 22 operate has been terminated or denied by a federal agency.
  8 23    10. 3.  Notice of suspension or revocation of the
  8 24 registration of a vehicle, registration card, registration
  8 25 plate, or any nonresident or other permit under the terms of
  8 26 this section shall be by personal delivery of said the notice
  8 27 to the person to be so notified or by certified mail addressed
  8 28 to such the person at the person's address as shown on the
  8 29 registration record.  No A return acknowledgment shall be is
  8 30 not necessary to prove such latter service.
  8 31    If a vehicle, for which the registration has been suspended
  8 32 or revoked pursuant to subsection 4 of this section 1,
  8 33 paragraph "d", or section 321.101A, is transferred to a bona
  8 34 fide purchaser for value without actual knowledge of such
  8 35 suspension or revocation then the vehicle shall be deemed to
  9  1 be registered and the provisions of sections 321.28 and
  9  2 321.30, subsections 4 and 5, shall not be applicable to such
  9  3 vehicle for the failure of the previous owner to pay the
  9  4 required fees.
  9  5    Sec. 13.  NEW SECTION.  321.101A  REVOCATION OF
  9  6 REGISTRATION BY COUNTY TREASURER.
  9  7    The county treasurer may revoke the registration and
  9  8 registration plates of a vehicle if the registration fees are
  9  9 paid by check and the check is not honored by the payer's
  9 10 financial institution upon reasonable notice and demand.  The
  9 11 owner of the vehicle or person in possession of the
  9 12 registration and registration plates for the vehicle shall
  9 13 immediately return the revoked registration and registration
  9 14 plates to the appropriate county treasurer's office.
  9 15    Sec. 14.  Section 321.123, subsection 2, Code Supplement
  9 16 1999, is amended by striking the subsection.
  9 17    Sec. 15.  Section 321.454, Code 1999, is amended to read as
  9 18 follows:
  9 19    321.454  WIDTH OF VEHICLES.
  9 20    The total outside width of any a vehicle or the load on the
  9 21 vehicle shall not exceed eight feet except that a motor home,
  9 22 commercial motor vehicle, motor truck or trailer hauling grain
  9 23 or livestock, travel trailer, fifth-wheel travel trailer, or
  9 24 bus having a total outside width not exceeding eight feet six
  9 25 inches, exclusive of safety equipment, is exempt from the
  9 26 permit requirements of chapter 321E and may be operated on the
  9 27 public highways of the state.  This limitation on the total
  9 28 outside width of a vehicle or the load on the vehicle does not
  9 29 include safety equipment on a vehicle or incidental
  9 30 appurtenances or retracted awnings on motor homes, travel
  9 31 trailers, or fifth-wheel travel trailers if the incidental
  9 32 appurtenance or retracted awning is less than six inches in
  9 33 width.  However, if hay, straw, or stover is moved on any an
  9 34 implement of husbandry and the total width of load of the
  9 35 implement of husbandry exceeds eight feet in width six inches,
 10  1 the implement of husbandry is not subject to the permit
 10  2 requirements of chapter 321E.  If hay, straw, or stover is
 10  3 moved on any other vehicle subject to registration, the moves
 10  4 are subject to the permit requirements for transporting loads
 10  5 exceeding eight feet six inches in width as required under
 10  6 chapter 321E.
 10  7    Sec. 16.  Section 321.457, subsection 2, paragraph f, Code
 10  8 1999, is amended to read as follows:
 10  9    f.  A trailer or semitrailer, laden or unladen, shall not
 10 10 have an overall length in excess of fifty-three feet when
 10 11 operating in a truck tractor-semitrailer combination exclusive
 10 12 of retractable extensions used to support the load.  However,
 10 13 when a trailer or semitrailer is used exclusively for the
 10 14 transportation of passenger vehicles, light delivery trucks,
 10 15 panel delivery trucks, pickup trucks, recreational vehicle
 10 16 chassis, or boats, the load carried on the trailer or
 10 17 semitrailer may extend up to three feet beyond the front
 10 18 bumper and up to four feet beyond the rear bumper of the
 10 19 trailer or semitrailer.  A lowboy semitrailer, laden, or
 10 20 unladen, which is designed and exclusively used for the
 10 21 transportation of construction equipment shall not have an
 10 22 overall length in excess of fifty-seven feet when used in a
 10 23 truck tractor-semitrailer combination.
 10 24    Sec. 17.  Section 321.463, subsection 10, Code Supplement
 10 25 1999, is amended to read as follows:
 10 26    10.  a.  A person who operates a vehicle in violation of
 10 27 the provisions of this section, and an owner, or any other
 10 28 person, employing or otherwise directing the operator of a
 10 29 vehicle, who requires or knowingly permits the operation of a
 10 30 vehicle in violation of the provisions of this section shall
 10 31 be fined according to the following schedule:  
 10 32                       AXLE, TANDEM AXLE,
 10 33                       AND GROUP OF AXLES
 10 34                        WEIGHT VIOLATIONS
 10 35 Pounds Overloaded                 Amount of Fine
 11  1 Up to and including              $10 plus one-half cent
 11  2    1,000 pounds                    per pound $12
 11  3 Over 1,000 pounds up to and      $15 plus one-half cent
 11  4    including 2,000 pounds          per pound $22
 11  5 Over 2,000 pounds up to and      $80 plus three cents
 11  6    including 3,000 pounds          per pound $155
 11  7 Over 3,000 pounds up to and      $100 plus four cents
 11  8    including 4,000 pounds          per pound $240
 11  9 Over 4,000 pounds up to and      $150 plus five cents
 11 10    including 5,000 pounds          per pound $375
 11 11 Over 5,000 pounds up to and      $200 plus seven cents
 11 12    including 6,000 pounds          per pound $585
 11 13 Over 6,000 pounds up to and      $200 plus ten cents
 11 14    including 7,000 pounds          per pound $850
 11 15 Over 7,000 pounds up to and      $950
 11 16    including 8,000 pounds
 11 17 Over 8,000 pounds up to and      $1,050
 11 18    including 9,000 pounds
 11 19 Over 9,000 pounds up to and      $1,150
 11 20    including 10,000 pounds
 11 21 Over 10,000 pounds up to and     $1,300
 11 22    including 11,000 pounds
 11 23 Over 11,000 pounds up to and     $1,400
 11 24    including 12,000 pounds
 11 25 Over 12,000 pounds up to and     $1,500
 11 26    including 13,000 pounds
 11 27 Over 13,000 pounds up to and     $1,600
 11 28    including 14,000 pounds
 11 29 Over 14,000 pounds up to and     $1,700
 11 30    including 15,000 pounds
 11 31 Over 15,000 pounds up to and     $1,800
 11 32    including 16,000 pounds
 11 33 Over 16,000 pounds up to and     $1,900
 11 34    including 17,000 pounds
 11 35 Over 17,000 pounds up to and     $2,000
 12  1    including 18,000 pounds
 12  2 Over 18,000 pounds up to and     $2,100
 12  3    including 19,000 pounds
 12  4 Over 19,000 pounds up to and     $2,200
 12  5    including 20,000 pounds
 12  6 Over 20,000 pounds               $2,200 plus ten cents per
 12  7                                   pound in excess of 20,000
 12  8                                   pounds
 12  9    b.  Fines for gross weight violations for vehicles or
 12 10 combinations of vehicles shall be assessed at one-half of the
 12 11 fine rate schedule for axle, tandem axle, and groups of axles
 12 12 weight violations.
 12 13    c.  Except as otherwise provided, the amount of the fine to
 12 14 be assessed shall be computed on the difference between the
 12 15 actual weight and the maximum legal weight specified in this
 12 16 section by applying the appropriate rate in the preceding
 12 17 schedule for the total amount of overload.
 12 18    d.  The schedule of fines may be assessed in addition to
 12 19 any other penalties provided for in this chapter.
 12 20    Sec. 18.  Section 321F.4, subsection 2, Code 1999, is
 12 21 amended to read as follows:
 12 22    2.  A license is valid for two years, four years, or six
 12 23 years and expires on the last day of the last month of the
 12 24 two-year, four-year, or six-year period, as applicable.  A
 12 25 licensee shall have the month of expiration and the month
 12 26 after the month of expiration to renew the license.  A person
 12 27 who fails to renew a license by the end of this time period
 12 28 and desires to hold a license shall file a new license
 12 29 application and pay the required fee.
 12 30    Sec. 19.  Section 321H.4, subsection 2, unnumbered
 12 31 paragraph 1, Code 1999, is amended to read as follows:
 12 32    Application for a license as an authorized vehicle recycler
 12 33 shall be made to the department on forms provided by the
 12 34 department.  The application shall be accompanied by a fee of
 12 35 seventy dollars for a two-year license, one hundred forty
 13  1 dollars for a four-year license, or two hundred ten dollars
 13  2 for a six-year license.  The license shall be approved or
 13  3 disapproved within thirty days after application for the
 13  4 license.  A license is valid for two years, four years, or six
 13  5 years and expires on the last day of the last month of the
 13  6 two-year, four-year, or six-year period, as applicable.  A
 13  7 licensee shall have the month of expiration and the month
 13  8 after the month of expiration to renew the license.  A person
 13  9 who fails to renew a license by the end of this time period
 13 10 and desires to hold a license shall file a new license
 13 11 application and pay the required fee.  A separate license
 13 12 shall be obtained for each county in which an applicant
 13 13 conducts operations.
 13 14    Sec. 20.  Section 322.7, subsection 4, Code 1999, is
 13 15 amended to read as follows:
 13 16    4.  The motor vehicle dealer license provided for in this
 13 17 chapter shall be renewed upon application in the form and
 13 18 content prescribed by the department and upon payment of the
 13 19 required fee.  A licensee shall have the month of expiration
 13 20 and the month after the month of expiration to renew the
 13 21 license.  A person who fails to renew a license by the end of
 13 22 this time period and desires to hold a license shall file a
 13 23 new license application and pay the required fee.
 13 24    Sec. 21.  Section 322.29, unnumbered paragraphs 1 and 4,
 13 25 Code 1999, are amended to read as follows:
 13 26    Application for license shall be made to the department by
 13 27 a manufacturer, distributor, or wholesaler, in a form and
 13 28 containing information as the department requires and shall be
 13 29 accompanied by the required license fee.  Licenses The license
 13 30 shall be granted or refused within thirty days after
 13 31 application, and shall expire, unless sooner revoked or
 13 32 suspended, on December 31 of the calendar year for which they
 13 33 are it is granted.  A licensee shall have the month of
 13 34 December of the calendar year for which the license was
 13 35 granted and the following month of January to renew the
 14  1 license.  A person who fails to renew a license by the end of
 14  2 this time period and desires to hold a license shall file a
 14  3 new license application and pay the required fee.
 14  4    A Upon payment of the license fee as provided in this
 14  5 section, a person who rebuilds new completed motor vehicles by
 14  6 fabricating, altering, adding, or replacing essential parts,
 14  7 components, or equipment for the purpose of building an
 14  8 ambulance, rescue vehicle, or fire vehicle, or towing or
 14  9 recovery vehicle as defined in chapter 321 may be issued a
 14 10 license as a wholesaler of new motor vehicles of the make and
 14 11 model rebuilt without written authorization from the
 14 12 manufacturer.
 14 13    Sec. 22.  Section 322.29, Code 1999, is amended by adding
 14 14 the following new unnumbered paragraph:
 14 15    NEW UNNUMBERED PARAGRAPH.  Upon payment of the license fee
 14 16 as provided in this section, a person who installs cranes,
 14 17 hook loaders, buckets, aerial ladders, or tanks on new
 14 18 completed motor trucks with a gross vehicle weight rating of
 14 19 nineteen thousand pounds or more may be issued a license as a
 14 20 wholesaler of new motor vehicles of the make and model on
 14 21 which the equipment is installed without written authorization
 14 22 from the manufacturer.
 14 23    Sec. 23.  Section 322B.4, Code 1999, is amended to read as
 14 24 follows:
 14 25    322B.4  LICENSE APPLICATION AND FEES.
 14 26    Upon application and payment of a thirty-five dollar fee, a
 14 27 person may be licensed as a manufacturer or distributor of
 14 28 mobile homes.  The application shall be in the form and shall
 14 29 contain information as the department prescribes.  The license
 14 30 shall be granted or refused within thirty days after
 14 31 application.  The license expires, unless sooner revoked or
 14 32 suspended by the department, on December 31 of the calendar
 14 33 year for which the license was granted.  A licensee shall have
 14 34 the month of December of the calendar year for which the
 14 35 license was granted and the following month of January to
 15  1 renew the license.  A person who fails to renew a license by
 15  2 the end of this time period and desires to hold a license
 15  3 shall file a new license application and pay the required fee.
 15  4    Sec. 24.  Section 322C.2, subsection 12, Code 1999, is
 15  5 amended to read as follows:
 15  6    12.  "Travel trailer" means a vehicle without motive power
 15  7 used or so manufactured or constructed as to permit its being
 15  8 used as a conveyance upon the public streets and highways and
 15  9 designed to permit the vehicle to be used as a place of human
 15 10 habitation by one or more persons.  The vehicle may be up to
 15 11 eight feet six inches in width and its overall length shall
 15 12 not exceed forty feet.
 15 13    Sec. 25.  Section 322C.4, subsection 2, Code 1999, is
 15 14 amended to read as follows:
 15 15    2.  The license shall be granted or refused within thirty
 15 16 days after application.  A license is valid for a two-year,
 15 17 four-year, or six-year period and expires, unless revoked or
 15 18 suspended by the department, on the last day of the last month
 15 19 of the two-year, four-year, or six-year period, as applicable.
 15 20 A licensee shall have the month of expiration and the month
 15 21 after the month of expiration to renew the license.  A person
 15 22 who fails to renew a license by the end of this time period
 15 23 and desires to hold a license shall file a new license
 15 24 application and pay the required fee.  A separate license
 15 25 shall be obtained for each county in which an applicant does
 15 26 business as a travel trailer dealer.
 15 27    Sec. 26.  Section 322C.9, subsection 1, Code 1999, is
 15 28 amended to read as follows:
 15 29    1.  Upon application and payment of a thirty-five-dollar
 15 30 fee, a person may be licensed as a manufacturer or distributor
 15 31 of travel trailers.  The application shall be in the form and
 15 32 shall contain information as the department prescribes.  The
 15 33 license shall be granted or refused within thirty days after
 15 34 application.  The license expires, unless sooner revoked or
 15 35 suspended by the department, on December 31 of the calendar
 16  1 year for which the license was granted.  A licensee shall have
 16  2 the month of December of the calendar year for which the
 16  3 license was granted and the following month of January to
 16  4 renew the license.  A person who fails to renew a license by
 16  5 the end of this time period and desires to hold a license
 16  6 shall file a new license application and pay the required fee.
 16  7    Sec. 27.  Section 325A.3, Code 1999, is amended by adding
 16  8 the following new subsection:
 16  9    NEW SUBSECTION.  5.  A motor carrier shall keep a permit or
 16 10 certificate issued to the motor carrier under this section, or
 16 11 a copy of such permit or certificate, in the vehicle being
 16 12 operated by the motor carrier and shall show the permit or
 16 13 certificate, or copy thereof, to any peace officer upon
 16 14 request.
 16 15    Sec. 28.  Section 805.8, subsection 2, paragraph ag, Code
 16 16 Supplement 1999, is amended to read as follows:
 16 17    ag.  For violation of section 325A.3, subsection 5, or
 16 18 section 325A.8, the scheduled fine is fifty dollars.  For
 16 19 violation of chapter 325A, other than a violation of section
 16 20 325A.3, subsection 5, or section 325A.8, the scheduled fine is
 16 21 two hundred fifty dollars.
 16 22    Sec. 29.  EFFECTIVE DATE.  The amendment to section
 16 23 321.457, subsection 2, in this division of this Act, being
 16 24 deemed of immediate importance, takes effect upon enactment.  
 16 25                           DIVISION II
 16 26                     MOTOR CARRIER AUTHORITY
 16 27    Sec. 30.  Section 325A.2, subsection 2, Code 1999, is
 16 28 amended to read as follows:
 16 29    2.  A local authority, as defined in section 321.1, shall
 16 30 not impose any regulations, including special registration or
 16 31 inspection requirements, upon the operation of motor carriers
 16 32 that are more restrictive than any of the provisions of this
 16 33 chapter, or section 321.449 or 321.450.
 16 34    Sec. 31.  Section 325A.3, subsection 2, paragraph g, Code
 16 35 1999, is amended by striking the paragraph.
 17  1    Sec. 32.  Section 325A.3, Code 1999, is amended by adding
 17  2 the following new subsection:
 17  3    NEW SUBSECTION.  6.  The department may deny issuance of a
 17  4 permit or certificate if the department determines that
 17  5 evidence exists showing that the motor carrier cannot comply
 17  6 with the requirements of this chapter or the rules adopted
 17  7 pursuant to this chapter, including safety regulations and
 17  8 financial fitness and insurance requirements.
 17  9    Sec. 33.  Section 325A.13, subsection 1, Code 1999, is
 17 10 amended to read as follows:
 17 11    1.  It is unlawful for a charter carrier to transport
 17 12 passengers by motor vehicle for hire from any point or place
 17 13 in this state to another place in this state irrespective of
 17 14 the route or highway traversed, without first having obtained
 17 15 a charter passenger certificate from the department a
 17 16 certificate declaring that public convenience and necessity
 17 17 require the operation.
 17 18    Sec. 34.  Section 325A.13, subsection 2, paragraphs a and
 17 19 f, Code 1999, are amended to read as follows:
 17 20    a.  It is unlawful for a regular-route motor carrier of
 17 21 passengers to transport passengers for hire upon the highways
 17 22 of this state in intrastate commerce without first having
 17 23 obtained from the department a regular-route passenger
 17 24 certificate.  The department shall issue a regular-route
 17 25 passenger certificate without hearing, if the department finds
 17 26 that the applicant is fit, willing, and able.
 17 27    f.  A regular-route motor carrier of passengers shall not
 17 28 operate as a charter carrier in this state unless it possesses
 17 29 a charter passenger certificate of convenience and necessity
 17 30 to engage in the business of a charter carrier.
 17 31    Sec. 35.  Section 325A.13, subsection 2, Code 1999, is
 17 32 amended by adding the following new paragraph after paragraph
 17 33 f:
 17 34    NEW PARAGRAPH.  ff.  A charter carrier shall not operate as
 17 35 a regular-route passenger carrier in this state unless it
 18  1 possesses a regular-route passenger certificate.
 18  2    Sec. 36.  Section 325A.16, Code 1999, is amended by
 18  3 striking the section and inserting in lieu thereof the
 18  4 following:
 18  5    325A.16  HEARINGS.
 18  6    A person whose application for a permit or certificate
 18  7 under this chapter has been denied, or whose permit or
 18  8 certificate has been suspended, may contest the decision under
 18  9 chapter 17A and in accordance with rules adopted by the
 18 10 department.  The request for a hearing shall be in writing to
 18 11 the director of the division of motor carrier services, state
 18 12 department of transportation, at its office in the capital
 18 13 city's metropolitan area.
 18 14    Sec. 37.  Section 325A.21, Code 1999, is amended to read as
 18 15 follows:
 18 16    325A.21  TRANSFERABILITY OF REGULAR-ROUTE CERTIFICATE.
 18 17    1.  A certificate of convenience and necessity shall not be
 18 18 sold, transferred, leased, or assigned and a contract or
 18 19 agreement with reference to or affecting a certificate shall
 18 20 not be entered into without the written approval of the
 18 21 department.  The department may request the department of
 18 22 inspections and appeals to hold a hearing regarding the
 18 23 transfer of the certificate.  The state department of
 18 24 transportation shall approve the sale, transfer, lease, or
 18 25 assignment upon a finding by the department of inspections and
 18 26 appeals that there has been continuous service under the
 18 27 certificate for at least ninety days prior to the transfer,
 18 28 that the transferee is fit, willing, and able to perform the
 18 29 operations authorized by the certificate, and that the
 18 30 transfer is consistent with the public interest.  Pending
 18 31 determination of an application filed with the department for
 18 32 approval of a sale, transfer, lease, or assignment, the
 18 33 department may grant temporary approval of the proposed
 18 34 operation upon a finding of good cause.
 18 35    2.  A regular-route passenger certificate shall not be
 19  1 sold, transferred, leased, or assigned without the approval of
 19  2 the department.  The department shall approve the sale,
 19  3 transfer, lease, or assignment if the person obtaining or
 19  4 seeking to obtain ownership or control of a certificate is
 19  5 found to be fit, willing, and able to perform the service
 19  6 proposed.  In determining the fitness of the person seeking
 19  7 transfer of the certificate, the department shall consider
 19  8 only the person's compliance with safety, financial fitness,
 19  9 and insurance requirements.
 19 10    Sec. 38.  Sections 325A.14, 325A.15, 325A.17, 325A.18,
 19 11 325A.19, and 325A.20, Code 1999, are repealed.  
 19 12                          DIVISION III
 19 13          MOTOR VEHICLE REGISTRATION AND TITLING SYSTEM
 19 14    Sec. 39.  Section 321.20, subsection 1, Code Supplement
 19 15 1999, is amended to read as follows:
 19 16    1.  The full legal name; social security number or, if the
 19 17 owner does not have a social security number but has a
 19 18 passport, the passport number; driver's license number,
 19 19 whether the license was issued by this state, another state,
 19 20 another country, or is an international driver's license; date
 19 21 of birth; bona fide residence; and mailing address of the
 19 22 owner and of the lessee if the vehicle is being leased.  If
 19 23 the owner or lessee is a firm, association, or corporation,
 19 24 the application shall contain the business address and federal
 19 25 employer identification number of the owner or lessee.  Up to
 19 26 three owners' names may be listed on the application.
 19 27 Information relating to the lessee of a vehicle shall not be
 19 28 required on an application for registration and a certificate
 19 29 of title for a vehicle with a gross vehicle weight rating of
 19 30 twenty-six thousand pounds or more.
 19 31    Sec. 40.  Section 321.20, Code Supplement 1999, is amended
 19 32 by adding the following new subsection:
 19 33    NEW SUBSECTION.  6.  If the vehicle is owned by a
 19 34 nonresident but is subject to issuance of an Iowa certificate
 19 35 of title or registration, the application shall also contain
 20  1 the full legal name; social security number, or, if the
 20  2 primary user does not have a social security number but has a
 20  3 passport, the passport number; driver's license number,
 20  4 whether the license was issued by this state, another state,
 20  5 another country, or is an international driver's license; date
 20  6 of birth; bona fide residence; and mailing address of the
 20  7 primary user of the vehicle.  If the primary user is a firm,
 20  8 association, or corporation, the application shall contain the
 20  9 business address and federal employer identification number of
 20 10 the primary user.  The primary user's name and address shall
 20 11 not be printed on the registration receipt or the certificate
 20 12 of title.
 20 13    Sec. 41.  Section 321.20, Code Supplement 1999, is amended
 20 14 by adding the following new unnumbered paragraph:
 20 15    NEW UNNUMBERED PARAGRAPH.  The department shall adopt rules
 20 16 on the method for providing signatures for applications made
 20 17 by electronic means.
 20 18    Sec. 42.  Section 321.24, unnumbered paragraphs 1, 3, and
 20 19 6, Code Supplement 1999, are amended to read as follows:
 20 20    Upon receipt of the application for title and payment of
 20 21 the required fees for a motor vehicle, trailer, or
 20 22 semitrailer, the county treasurer or the department shall,
 20 23 when satisfied as to the application's genuineness and
 20 24 regularity, and, in the case of a mobile home or manufactured
 20 25 housing, that taxes are not owing under chapter 435, issue a
 20 26 certificate of title and, except for a mobile home or
 20 27 manufactured housing, a registration receipt, and shall file
 20 28 the application, the manufacturer's or importer's certificate,
 20 29 the certificate of title, or other evidence of ownership, as
 20 30 prescribed by the department.  The registration receipt shall
 20 31 be delivered to the owner and shall contain upon its face the
 20 32 date issued, the name and address of the owner, the
 20 33 registration number assigned to the vehicle, the title number
 20 34 assigned to the owner of the vehicle, the amount of the fee
 20 35 paid, the amount of tax paid pursuant to section 423.7, the
 21  1 type of fuel used, and a description of the vehicle as
 21  2 determined by the department, and upon the reverse side a form
 21  3 for notice of transfer of the vehicle.  The name and address
 21  4 of any lessee of the vehicle shall not be printed on the
 21  5 registration receipt or certificate of title.  Up to three
 21  6 owners may be listed on the registration receipt and
 21  7 certificate of title.
 21  8    The certificate of title shall contain upon its face the
 21  9 identical information required upon the face of the
 21 10 registration receipt.  In addition, the certificate of title
 21 11 shall contain a statement of the owner's title, the title
 21 12 number assigned to the owner or owners of the vehicle, the
 21 13 amount of tax paid pursuant to section 423.7, the name and
 21 14 address of the previous owner, and a statement of all security
 21 15 interests and encumbrances as shown in the application, upon
 21 16 the vehicle described, including the nature of the security
 21 17 interest, date of notation, and name and address of the
 21 18 secured party.
 21 19    The certificate shall bear the seal of the county treasurer
 21 20 or of the department, and the signature of the county
 21 21 treasurer, the deputy county treasurer, or the department
 21 22 director or deputy designee.  The certificate shall provide
 21 23 space for the signature of the owner.  The owner shall sign
 21 24 the certificate of title in the space provided with pen and
 21 25 ink upon its receipt.  The certificate of title shall contain
 21 26 upon the reverse side a form for assignment of title or
 21 27 interest and warranty by the owner, for reassignments by a
 21 28 dealer licensed in this state or in another state if the state
 21 29 in which the dealer is licensed permits Iowa licensed dealers
 21 30 to similarly reassign certificates of title.  Attached to the
 21 31 certificate of title shall be an application for a new
 21 32 certificate of title by the transferee as provided in this
 21 33 chapter.  However, titles for mobile homes or manufactured
 21 34 housing shall not be reassigned by licensed dealers.  All
 21 35 certificates of title shall be typewritten or printed by other
 22  1 mechanical means.  Notwithstanding section 321.1, subsection
 22  2 17, as used in this paragraph "dealer" means every person
 22  3 engaged in the business of buying, selling, or exchanging
 22  4 vehicles of a type required to be registered under this
 22  5 chapter.
 22  6    Sec. 43.  Section 321.42, subsection 2, paragraphs a, b,
 22  7 and d, Code Supplement 1999, are amended to read as follows:
 22  8    a.  If a certificate of title is lost or destroyed, the
 22  9 owner or lienholder shall apply for a certified replacement
 22 10 copy of the original certificate of title.  The owner or
 22 11 lienholder of a motor vehicle may also apply for a certified
 22 12 replacement copy of the original certificate of title as a
 22 13 replacement for the original certificate of title upon
 22 14 surrender of the original certificate of title with the
 22 15 application.  The application shall be made to the department
 22 16 or county treasurer who issued the original certificate of
 22 17 title.  The application shall be signed by the owner or
 22 18 lienholder and accompanied by a fee of ten dollars.
 22 19    b.  After five days, the department or county treasurer
 22 20 shall issue a certified replacement copy to the applicant at
 22 21 the applicant's most recent address, however, the five-day
 22 22 waiting period does not apply to an applicant who has
 22 23 surrendered the original certificate of title to the
 22 24 department or county treasurer.  The certified replacement
 22 25 copy shall be clearly marked "duplicate" "replacement" and
 22 26 shall be identical to the original, including include notation
 22 27 of liens or encumbrances.  When a certified replacement copy
 22 28 has been issued, the previous certificate is void.
 22 29    d.  A new purchaser or transferee is entitled to receive an
 22 30 original title upon presenting the assigned duplicate
 22 31 replacement copy to the treasurer of the county where the new
 22 32 purchaser or transferee resides.  At the time of purchase, a
 22 33 purchaser may require the seller to indemnify the purchaser
 22 34 and all future purchasers of the vehicle against any loss
 22 35 which may be suffered due to claims on the original
 23  1 certificate.  A person recovering an original certificate of
 23  2 title for which a duplicate replacement has been issued shall
 23  3 surrender the original certificate to the county treasurer or
 23  4 the department.
 23  5    Sec. 44.  Section 321.50, subsection 1, Code Supplement
 23  6 1999, is amended to read as follows:
 23  7    1.  A security interest in a vehicle subject to
 23  8 registration under the laws of this state or a mobile home or
 23  9 manufactured housing, except trailers whose empty weight is
 23 10 two thousand pounds or less, and except new or used vehicles
 23 11 held by a dealer or manufacturer as inventory for sale, is
 23 12 perfected by the delivery to the county treasurer of the
 23 13 county where the certificate of title was issued or, in the
 23 14 case of a new certificate, to the county treasurer where the
 23 15 certificate will be issued, of an application for certificate
 23 16 of title which lists the security interest, or an application
 23 17 for notation of security interest signed by the owner, or by
 23 18 one owner of a vehicle owned jointly by more than one person,
 23 19 or a certificate of title from another jurisdiction which
 23 20 shows the security interest, and a fee of five dollars for
 23 21 each security interest shown.  Up to three security interests
 23 22 may be perfected against a vehicle and shown on an Iowa
 23 23 certificate of title.  If the owner or secured party is in
 23 24 possession of the certificate of title, it must also be
 23 25 delivered at this time in order to perfect the security
 23 26 interest.  If a vehicle is subject to a security interest when
 23 27 brought into this state, the validity of the security interest
 23 28 and the date of perfection is determined by section 554.9103.
 23 29 Delivery as provided in this subsection is an indication of a
 23 30 security interest on a certificate of title for purposes of
 23 31 chapter 554.
 23 32    Sec. 45.  Section 321.157, Code 1999, is amended to read as
 23 33 follows:
 23 34    321.157  SCHEDULE OF PRICES AND WEIGHTS.
 23 35    1.  Every A manufacturer or importer of a motor vehicle
 24  1 sold or offered for sale within in this state, either by the
 24  2 manufacturer, importer, distributor, dealer, or any other
 24  3 person, shall file in the office of the department a sworn
 24  4 statement showing the various models manufactured by the
 24  5 manufacturer, importer, distributor, dealer, or other person,
 24  6 and the retail list price and weight of each model
 24  7 concurrently with a public announcement of such prices or
 24  8 concurrently with notification of such prices to dealers
 24  9 licensed to sell such motor vehicles under chapter 322,
 24 10 whichever comes first.  The manufacturer, importer,
 24 11 distributor, dealer, or other person shall also make the same
 24 12 report on subsequent new models manufactured.
 24 13    2.  In lieu of filing the sworn statement required under
 24 14 subsection 1, a manufacturer or importer of a motor vehicle
 24 15 sold or offered for sale in this state may electronically
 24 16 provide the information required in subsection 1 to the
 24 17 department, or, if the manufacturer or importer provides the
 24 18 required information to a third-party vendor, the manufacturer
 24 19 or importer shall make the required information available to
 24 20 the department through the third-party vendor.
 24 21    Sec. 46.  Section 321.159, Code 1999, is amended by adding
 24 22 the following new unnumbered paragraph:
 24 23    NEW UNNUMBERED PARAGRAPH.  For a current year model of a
 24 24 motor vehicle for which the manufacturer or importer of the
 24 25 motor vehicle has not provided the weight and list price, the
 24 26 department shall set the annual registration fee at ten
 24 27 dollars greater than the annual registration fee for the
 24 28 previous year model.  Once the manufacturer or importer
 24 29 provides the required information, the information shall be
 24 30 used to set the registration or registration renewal fee for
 24 31 the succeeding registration or registration renewal time for
 24 32 the motor vehicle.
 24 33    Sec. 47.  EFFECTIVE DATE.  This division of this Act takes
 24 34 effect July 1, 2001.  
 24 35 
 25  1 
 25  2                                                             
 25  3                               MARY E. KRAMER
 25  4                               President of the Senate
 25  5 
 25  6 
 25  7                                                             
 25  8                               BRENT SIEGRIST
 25  9                               Speaker of the House
 25 10 
 25 11    I hereby certify that this bill originated in the Senate and
 25 12 is known as Senate File 2147, Seventy-eighth General Assembly.
 25 13 
 25 14 
 25 15                                                             
 25 16                               MICHAEL E. MARSHALL
 25 17                               Secretary of the Senate
 25 18 Approved                , 2000
 25 19 
 25 20 
 25 21                               
 25 22 THOMAS J. VILSACK
 25 23 Governor
     
Text: SF02146                           Text: SF02148
Text: SF02100 - SF02199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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