Text: SF02314                           Text: SF02316
Text: SF02300 - SF02399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 2315

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2315
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE MOTOR VEHICLE LEMON LAW, MAKING AN
  1  5    ADMINISTRATIVE FINE APPLICABLE, AND PROVIDING AN
  1  6    EFFECTIVE DATE.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 321.24, Code Supplement 1999, is
  1 11 amended by adding the following new unnumbered paragraph after
  1 12 unnumbered paragraph 5:
  1 13    NEW UNNUMBERED PARAGRAPH.  If the prior certificate of
  1 14 title is from another state and indicates that the vehicle was
  1 15 returned to the manufacturer pursuant to a law of another
  1 16 state similar to chapter 322G, the new registration receipt
  1 17 and certificate of title, and all subsequent registration
  1 18 receipts and certificates of title issued for the vehicle,
  1 19 shall contain a designation indicating the vehicle was
  1 20 returned to the manufacturer.  The department shall determine
  1 21 the manner in which other states' designations are to be
  1 22 indicated on Iowa registration receipts and certificates of
  1 23 title.  The department may determine that a "REBUILT" or
  1 24 "SALVAGE" designation supersedes the designation required by
  1 25 this paragraph and include the "REBUILT" or "SALVAGE"
  1 26 designation on the registration receipt and certificate of
  1 27 title in lieu of the designation required by this paragraph.
  1 28    Sec. 2.  Section 321.46, subsections 1 and 2, Code
  1 29 Supplement 1999, are amended to read as follows:
  1 30    1.  The transferee shall within fifteen calendar days after
  1 31 purchase or transfer apply for and obtain from the county
  1 32 treasurer of the person's residence, or if a nonresident, the
  1 33 county treasurer of the county where the primary users of the
  1 34 vehicle are located or the county where all other vehicles
  1 35 owned by the nonresident are registered, a new registration
  2  1 and a new certificate of title for the vehicle except as
  2  2 provided in section 321.25, or 321.48, or 322G.12.  The
  2  3 transferee shall present with the application the certificate
  2  4 of title endorsed and assigned by the previous owner and shall
  2  5 indicate the name of the county in which the vehicle was last
  2  6 registered and the registration expiration date.  The Unless
  2  7 the transferee is a manufacturer obtaining a new certificate
  2  8 of title pursuant to section 322G.12, the transferee shall be
  2  9 required to list a driver's license number.
  2 10    2.  Upon filing the application for a new registration and
  2 11 a new title, the applicant shall pay a title fee of ten
  2 12 dollars and a registration fee prorated for the remaining
  2 13 unexpired months of the registration year.  A manufacturer
  2 14 applying for a certificate of title pursuant to section
  2 15 322G.12 shall pay a title fee of two dollars.  However, no a
  2 16 title fee shall not be charged to a mobile home dealer
  2 17 applying for a certificate of title for a used mobile home or
  2 18 manufactured housing, titled in Iowa, as required under
  2 19 section 321.45, subsection 4.  The county treasurer, if
  2 20 satisfied of the genuineness and regularity of the
  2 21 application, and in the case of a mobile home or manufactured
  2 22 housing, that taxes are not owing under chapter 435, and that
  2 23 applicant has complied with all the requirements of this
  2 24 chapter, shall issue a new certificate of title and, except
  2 25 for a mobile home, or manufactured housing, or a vehicle
  2 26 returned to and accepted by a manufacturer as described in
  2 27 section 322G.12, a registration card to the purchaser or
  2 28 transferee, shall cancel the prior registration for the
  2 29 vehicle, and shall forward the necessary copies to the
  2 30 department on the date of issuance, as prescribed in section
  2 31 321.24.  Mobile homes or manufactured housing titled under
  2 32 chapter 448 that have been subject under section 446.18 to a
  2 33 public bidder sale in a county, shall be titled in the
  2 34 county's name, with no fee, and the county treasurer shall
  2 35 issue the title.
  3  1    Sec. 3.  Section 322G.12, Code 1999, is amended to read as
  3  2 follows:
  3  3    322G.12  RESALE OF RETURNED VEHICLES.
  3  4    Subsequent to December 31, 1991, a A manufacturer who
  3  5 accepts the return of a motor vehicle pursuant to a
  3  6 settlement, determination, or decision under this chapter
  3  7 shall notify the state department of transportation, and
  3  8 report the vehicle identification number of that motor vehicle
  3  9 within ten days after the acceptance, and obtain a new
  3 10 certificate of title for the vehicle in the manufacturer's
  3 11 name pursuant to section 321.46.  In obtaining a new
  3 12 certificate of title, the manufacturer shall title the vehicle
  3 13 in the county of the transferor's residence and shall be
  3 14 exempt from the registration fee requirements of section
  3 15 321.46.  For purposes of chapter 423, a manufacturer's
  3 16 acceptance of the return of a motor vehicle, as described in
  3 17 this section, shall not be considered "use", as defined in
  3 18 section 423.1.  The state department of transportation new
  3 19 certificate of title, and all subsequent registration receipts
  3 20 and certificates of title issued for the motor vehicle, shall
  3 21 note the fact contain a designation indicating that the motor
  3 22 vehicle was returned to the manufacturer pursuant to this
  3 23 chapter on the title for the motor vehicle or a similar law of
  3 24 another state.  The state department of transportation shall
  3 25 determine the manner in which the designation is to be
  3 26 indicated on registration receipts and certificates of title
  3 27 and may determine that a "REBUILT" or "SALVAGE" designation
  3 28 supersedes the designation required by this paragraph and
  3 29 include the "REBUILT" or "SALVAGE" designation on the
  3 30 registration receipt and certificate of title in lieu of the
  3 31 designation required by this paragraph.
  3 32    PARAGRAPH DIVIDED.  A person shall not knowingly lease; or,
  3 33 sell, either at wholesale or retail;, or transfer a title to a
  3 34 motor vehicle returned by reason of a settlement,
  3 35 determination, or decision pursuant to this chapter or a
  4  1 similar statute of any other law of another state unless the
  4  2 nature of the nonconformity is clearly and conspicuously
  4  3 disclosed to the prospective transferee, lessee, or buyer.
  4  4 The attorney general shall prescribe by rule the form,
  4  5 content, and procedure pertaining to such a disclosure
  4  6 statement, recognizing the need of manufacturers to implement
  4  7 a uniform disclosure form.  The manufacturer shall make a
  4  8 reasonable effort to ensure that such disclosure is made to
  4  9 the first subsequent retail buyer or lessee.  For purposes of
  4 10 this subsection section, "settlement" includes an agreement
  4 11 entered into between the manufacturer and the consumer that
  4 12 occurs after the dispute has been submitted to a state-
  4 13 operated dispute resolution program or to a manufacturer-
  4 14 established program certified in this or any other state, but
  4 15 does not include agreements reached in informal proceedings
  4 16 prior to the first written or oral presentation to the state-
  4 17 operated or state-certified dispute resolution program by
  4 18 either party thirtieth day following the manufacturer's
  4 19 receipt of the consumer's written notification pursuant to
  4 20 section 322G.4.  "Settlement" also includes an agreement
  4 21 entered into between a manufacturer and a consumer that occurs
  4 22 after the dispute has been submitted to a dispute resolution
  4 23 program that is not state-operated or state-certified.
  4 24    Sec. 4.  EFFECTIVE DATE.  This Act takes effect January 1,
  4 25 2001.  
  4 26 
  4 27 
  4 28                                                             
  4 29                               MARY E. KRAMER
  4 30                               President of the Senate
  4 31 
  4 32 
  4 33                                                             
  4 34                               BRENT SIEGRIST
  4 35                               Speaker of the House
  5  1 
  5  2    I hereby certify that this bill originated in the Senate and
  5  3 is known as Senate File 2315, Seventy-eighth General Assembly.
  5  4 
  5  5 
  5  6                                                             
  5  7                               MICHAEL E. MARSHALL
  5  8                               Secretary of the Senate
  5  9 Approved                , 2000
  5 10 
  5 11 
  5 12                               
  5 13 THOMAS J. VILSACK
  5 14 Governor
     
Text: SF02314                           Text: SF02316
Text: SF02300 - SF02399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index

© 2000 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Mon Aug 28 13:36:55 CDT 2000
URL: /DOCS/GA/78GA/Legislation/SF/02300/SF02315/000328.html
jhf