Text: SSB03154 Text: SSB03156 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.24, Code Supplement 1999, is 1 2 amended by adding the following new unnumbered paragraph after 1 3 unnumbered paragraph 5: 1 4 NEW UNNUMBERED PARAGRAPH. If the prior certificate of 1 5 title is from another state and indicates that the vehicle was 1 6 returned to the manufacturer pursuant to a law of another 1 7 state similar to chapter 322G, the new registration receipt 1 8 and certificate of title, and all subsequent registration 1 9 receipts and certificates of title issued for the vehicle, 1 10 shall contain a designation indicating the vehicle was 1 11 returned to the manufacturer. The department shall determine 1 12 the manner in which other states' designations are to be 1 13 indicated on Iowa registration receipts and certificates of 1 14 title. The department may determine that a "REBUILT" or 1 15 "SALVAGE" designation supersedes the designation required by 1 16 this paragraph and include the "REBUILT" or "SALVAGE" 1 17 designation on the registration receipt and certificate of 1 18 title in lieu of the designation required by this paragraph. 1 19 Sec. 2. Section 321.46, subsections 1 and 2, Code 1 20 Supplement 1999, are amended to read as follows: 1 21 1. The transferee shall within fifteen calendar days after 1 22 purchase or transfer apply for and obtain from the county 1 23 treasurer of the person's residence, or if a nonresident, the 1 24 county treasurer of the county where the primary users of the 1 25 vehicle are located or the county where all other vehicles 1 26 owned by the nonresident are registered, a new registration 1 27 and a new certificate of title for the vehicle except as 1 28 provided in section 321.25,or321.48, or 322G.12. The 1 29 transferee shall present with the application the certificate 1 30 of title endorsed and assigned by the previous owner and shall 1 31 indicate the name of the county in which the vehicle was last 1 32 registered and the registration expiration date.TheUnless 1 33 the transferee is a manufacturer obtaining a new certificate 1 34 of title pursuant to section 322G.12, the transferee shall be 1 35 required to list a driver's license number. 2 1 2. Upon filing the application for a new registration and 2 2 a new title, the applicant shall pay a title fee of ten 2 3 dollars and a registration fee prorated for the remaining 2 4 unexpired months of the registration year. However,noa 2 5 title fee shall not be charged to a mobile home dealer 2 6 applying for a certificate of title for a used mobile home or 2 7 manufactured housing, titled in Iowa, as required under 2 8 section 321.45, subsection 4, and a title or registration fee 2 9 shall not be charged to a manufacturer applying for a 2 10 certificate of title pursuant to section 322G.12. The county 2 11 treasurer, if satisfied of the genuineness and regularity of 2 12 the application, and in the case of a mobile home or 2 13 manufactured housing, that taxes are not owing under chapter 2 14 435, and that applicant has complied with all the requirements 2 15 of this chapter, shall issue a new certificate of title and, 2 16 except for a mobile home,ormanufactured housing, or a 2 17 vehicle returned to and accepted by a manufacturer as 2 18 described in section 322G.12, a registration card to the 2 19 purchaser or transferee, shall cancel the prior registration 2 20 for the vehicle, and shall forward the necessary copies to the 2 21 department on the date of issuance, as prescribed in section 2 22 321.24. Mobile homes or manufactured housing titled under 2 23 chapter 448 that have been subject under section 446.18 to a 2 24 public bidder sale in a county,shall be titled in the 2 25 county's name, with no fee, and the county treasurer shall 2 26 issue the title. 2 27 Sec. 3. Section 322G.2, subsection 8, Code 1999, is 2 28 amended to read as follows: 2 29 8. "Lemon law rights period" means the term of the 2 30 manufacturer's written warranty, the period ending two years 2 31 after the date of the original delivery of a motor vehicle to 2 32 a consumer, or the first twenty-four thousand miles of 2 33 operation attributable to a consumer, whichever expiresfirst2 34 last. 2 35 Sec. 4. Section 322G.4, subsection 3, unnumbered paragraph 3 1 2, Code 1999, is amended to read as follows: 3 2 The terms of this subsection shall be extended for a period 3 3 of up to two years after the date of the original delivery of 3 4 a motor vehicle to a consumer, or the first twenty-four 3 5 thousand miles of operation attributable to a consumer, 3 6 whichever occursfirstlast, if a nonconformity has been 3 7 reported but has not been cured by the manufacturer, or its 3 8 authorized service agent, before the expiration of the lemon 3 9 law rights period. 3 10 Sec. 5. Section 322G.11, Code 1999, is amended to read as 3 11 follows: 3 12 322G.11 DEALER LIABILITY. 3 13 This chapter, except for the requirements of section 3 14 322G.3, subsections 4 and 5, and section 322G.12, does not 3 15 impose any liability on a franchised motor vehicle dealer or 3 16 create a cause of action by a consumer against a dealer. A 3 17 dealer shall not be made a party defendant in any action 3 18 involving or relating to this chapter, except as provided in 3 19 this section. The manufacturer shall not charge back or 3 20 require reimbursement by the dealer for any costs, including 3 21 but not limited to any refunds or vehicle replacements, 3 22 incurred by the manufacturer pursuant to this chapter, in the 3 23 absence of a finding by a court that the related repairs had 3 24 been carried out by the dealer in a manner substantially 3 25 inconsistent with the manufacturer's published instructions. 3 26 A manufacturer who is found by a court to have improperly 3 27 charged back a dealer because of a violation of this section 3 28 is liable to the injured dealer for full reimbursement plus 3 29 reasonable costs and anyattorney'sattorney fees. 3 30 Sec. 6. Section 322G.12, Code 1999, is amended to read as 3 31 follows: 3 32 322G.12 RESALE OF RETURNED VEHICLES. 3 33Subsequent to December 31, 1991, aA manufacturer who 3 34 accepts the return of a motor vehicle pursuant to a 3 35 settlement, determination, or decision under this chapter 4 1 shall notify the state department of transportation,and4 2 report the vehicle identification number of that motor vehicle 4 3 within ten days after the acceptance, and obtain a new 4 4 certificate of title for the vehicle in the manufacturer's 4 5 name pursuant to section 321.46. In obtaining a new 4 6 certificate of title, the manufacturer shall title the vehicle 4 7 in the county of the transferor's residence and shall be 4 8 exempt from the registration and title fee requirements of 4 9 section 321.46. For purposes of chapter 423, a manufacturer's 4 10 acceptance of the return of a motor vehicle, as described in 4 11 this section, shall not be considered "use", as defined in 4 12 section 423.1. Thestate department of transportationnew 4 13 certificate of title, and all subsequent registration receipts 4 14 and certificates of title issued for the motor vehicle, shall 4 15note the factcontain a designation indicating that the motor 4 16 vehicle was returned to the manufacturer pursuant to this 4 17 chapteron the title for the motor vehicleor a similar law of 4 18 another state. The state department of transportation shall 4 19 determine the manner in which the designation is to be 4 20 indicated on registration receipts and certificates of title 4 21 and may determine that a "REBUILT" or "SALVAGE" designation 4 22 supersedes the designation required by this paragraph and 4 23 include the "REBUILT" or "SALVAGE" designation on the 4 24 registration receipt and certificate of title in lieu of the 4 25 designation required by this paragraph. 4 26 PARAGRAPH DIVIDED. A person shall not knowingly lease; or, 4 27 sell, either at wholesale or retail;, or transfer a title to a 4 28 motor vehicle returned by reason of a settlement, 4 29 determination, or decision pursuant to this chapter or a 4 30 similarstatute of any otherlaw of another state unless the 4 31 nature of the nonconformity is clearly and conspicuously 4 32 disclosed to the prospective transferee, lessee, or buyer. 4 33 The attorney general shall prescribe by rule the form, 4 34 content, and procedure pertaining to such a disclosure 4 35 statement, recognizing the need of manufacturers to implement 5 1 a uniform disclosure form. The manufacturer shall make a 5 2 reasonable effort to ensure that such disclosure is made to 5 3 the first subsequent retail buyer or lessee. For purposes of 5 4 thissubsectionsection, "settlement" includes an agreement 5 5 entered into between the manufacturer and the consumer that 5 6 occurs after thedispute has been submitted to a state-5 7operated dispute resolution program or to a manufacturer-5 8established program certified in this or any other state, but5 9does not include agreements reached in informal proceedings5 10prior to the first written or oral presentation to the state-5 11operated or state-certified dispute resolution program by5 12either partymanufacturer's receipt of the consumer's written 5 13 notification pursuant to section 322G.4."Settlement" also5 14includes an agreement entered into between a manufacturer and5 15a consumer that occurs after the dispute has been submitted to5 16a dispute resolution program that is not state-operated or5 17state-certified.5 18 EXPLANATION 5 19 This bill makes various Code changes in and relating to the 5 20 motor vehicle lemon law in Code chapter 322G. The bill amends 5 21 the definition of "lemon law rights period" in Code chapter 5 22 322G to extend the period within which a consumer may exercise 5 23 certain rights in relation to the consumer's purchase of a 5 24 motor vehicle from a manufacturer or the manufacturer's agent, 5 25 including the right to obtain a refund or replacement vehicle 5 26 from the manufacturer, to the later of the expiration of two 5 27 years, 24,000 miles, or the period of the manufacturer's 5 28 express warranty rather than the earlier of those time 5 29 periods. A corresponding change is made in Code section 5 30 322G.4. 5 31 The bill also amends Code section 322G.11 to impose 5 32 liability on franchised motor vehicle dealers who fail to 5 33 provide to consumers copies of certain repair and diagnosis 5 34 statements and technical service bulletins issued by 5 35 manufacturers to such dealers regarding the year, make, and 6 1 model of such consumers' vehicles, as required of the dealers 6 2 by Code section 322G.3. 6 3 The bill amends Code section 322G.12, relating to the 6 4 resale of vehicles returned to a manufacturer pursuant to a 6 5 settlement, determination, or decision under the motor vehicle 6 6 lemon law, to require a manufacturer who accepts such a return 6 7 to obtain a new certificate of title for the vehicle in the 6 8 manufacturer's name. The motor vehicle shall be titled in the 6 9 county of the transferor's residence and the manufacturer 6 10 shall be exempt from the registration and title fee 6 11 requirements. The bill provides that a manufacturer's 6 12 acceptance of such a return shall not be considered a "use" 6 13 subject to the use tax on motor vehicles pursuant to Code 6 14 chapter 423. The bill also modifies the definition of a 6 15 "settlement", for purposes of Code section 322G.12, to include 6 16 an agreement entered into between the manufacturer and the 6 17 consumer that occurs after the manufacturer's receipt of the 6 18 consumer's written notification of the nonconformity of a 6 19 motor vehicle manufactured by the manufacturer and purchased 6 20 by the consumer. Currently, a "settlement" includes such an 6 21 agreement entered into after the dispute was submitted to a 6 22 state-operated dispute resolution program, state-certified 6 23 manufacturer-established program, or other dispute resolution 6 24 program, but does not include agreements reached in informal 6 25 proceedings prior to the first presentation to a state- 6 26 operated or state-certified program. 6 27 The bill also amends Code sections 321.24 and 322G.12 to 6 28 require the state department of transportation or the county 6 29 treasurer to include a designation indicating a motor vehicle 6 30 was returned to the manufacturer on the registration receipt 6 31 and certificate of title for a returned vehicle and every 6 32 subsequently issued registration receipt or certificate of 6 33 title, whether the prior certificate of title was issued in 6 34 Iowa or another state. The state department of transportation 6 35 is to determine the manner in which Iowa's and other states' 7 1 designations are to be indicated on Iowa registration receipts 7 2 and certificates of title and may determine that a "REBUILT" 7 3 or "SALVAGE" designation supersedes the returned designation 7 4 and include the "REBUILT" or "SALVAGE" designation on the 7 5 registration receipt and certificate of title in lieu of the 7 6 returned designation. 7 7 Manufacturers who do not comply with the provisions of Code 7 8 chapter 322G may be subject to an administrative fine of up to 7 9 $1,000 levied by the attorney general pursuant to Code section 7 10 322G.9. 7 11 LSB 5287DP 78 7 12 nh/cf/24
Text: SSB03154 Text: SSB03156 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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