Text: SF02069                           Text: SF02071
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 2070

Partial Bill History

Bill Text

PAG LIN
  1  1                                             SENATE FILE 2070
  1  2                                    
  1  3                             AN ACT
  1  4 RELATING TO DUTIES AND ACTIVITIES OF THE STATE DEPARTMENT OF 
  1  5    TRANSPORTATION, INCLUDING THE REGISTRATION AND TITLING OF 
  1  6    MOTOR VEHICLES, REGULATION OF ELECTRIC PERSONAL ASSISTIVE 
  1  7    MOBILITY DEVICES, AND ISSUANCE OF COMMERCIAL DRIVER'S 
  1  8    LICENSES, AND PROVIDING EFFECTIVE DATES.
  1  9 
  1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 11 
  1 12    Section 1.  Section 321.1, subsection 20B, Code Supplement
  1 13 2003, is amended to read as follows:
  1 14    20B.  "Electric personal assistive mobility device" means a
  1 15 self-balancing, nontandem two-wheeled device powered by an
  1 16 electric propulsion system that averages seven hundred fifty
  1 17 watts, has two nontandem wheels, and is designed to transport
  1 18 one person, with a maximum speed on a paved level surface of
  1 19 less than twenty miles per hour.  The maximum speed shall be
  1 20 calculated based on operation of the device by a person who
  1 21 weighs one hundred seventy pounds when the device is powered
  1 22 solely by the electric propulsion system.  For purposes of
  1 23 this chapter, "electric personal assistive mobility device"
  1 24 does not include an assistive device as defined in section
  1 25 216E.1.
  1 26    Sec. 2.  Section 321.15, Code 2003, is amended to read as
  1 27 follows:
  1 28    321.15  PUBLICATION OF LAW.
  1 29    The department shall issue, in pamphlet or electronic form,
  1 30 such parts of this chapter in pamphlet form, together with
  1 31 such rules, instructions, and explanatory matter as may seem
  1 32 advisable.  Copies of such pamphlet Such information shall be
  1 33 given as wide distribution distributed as determined by the
  1 34 department shall determine and a supply shall be furnished to
  1 35 each county treasurer.
  2  1    Sec. 3.  Section 321.20, Code Supplement 2003, is amended
  2  2 to read as follows:
  2  3    321.20  APPLICATION FOR REGISTRATION AND CERTIFICATE OF
  2  4 TITLE.
  2  5    Except as provided in this chapter, an owner of a vehicle
  2  6 subject to registration shall make application to the county
  2  7 treasurer, of the county of the owner's residence, or if a
  2  8 nonresident, to the county treasurer of the county where the
  2  9 primary users of the vehicle are located, or if a lessor of
  2 10 the vehicle pursuant to chapter 321F which vehicle has a gross
  2 11 vehicle weight of less than ten thousand pounds, to the county
  2 12 treasurer of the county of the lessee's residence, for the
  2 13 registration and issuance of a certificate of title for the
  2 14 vehicle upon the appropriate form furnished by the department.
  2 15 However, upon the transfer of ownership, the owner of a
  2 16 vehicle subject to the proportional registration provisions of
  2 17 chapter 326 shall make application for registration and
  2 18 issuance of a certificate of title to either the department or
  2 19 the appropriate county treasurer.  The application shall be
  2 20 accompanied by a fee of ten dollars, and shall bear the
  2 21 owner's signature written with pen and ink.  A nonresident
  2 22 owner of two or more vehicles subject to registration may make
  2 23 application for registration and issuance of a certificate of
  2 24 title for all vehicles subject to registration to the county
  2 25 treasurer of the county where the primary user of any of the
  2 26 vehicles is located.  The owner of a mobile home or of a
  2 27 manufactured home shall make application for a certificate of
  2 28 title under this section.  The application shall contain:
  2 29    1.  The full legal name; social security number or, if the
  2 30 owner does not have a social security number but has a
  2 31 passport, the passport number; Iowa driver's license number,
  2 32 whether the license was issued by this state, another state,
  2 33 another country, or is an international driver's license or
  2 34 Iowa nonoperator's identification card number; date of birth;
  2 35 bona fide residence; and mailing address of the owner and of
  3  1 the lessee if the vehicle is being leased.  If the owner or
  3  2 lessee is a firm, association, or corporation, the application
  3  3 shall contain the bona fide business address and federal
  3  4 employer identification number of the owner or lessee.  Up to
  3  5 three owners' names may be listed on the application.
  3  6 Information relating to the lessee of a vehicle shall not be
  3  7 required on an application for registration and a certificate
  3  8 of title for a vehicle with a gross vehicle weight rating of
  3  9 ten thousand pounds or more.
  3 10    2.  A description of the vehicle including, insofar as the
  3 11 specified data may exist with respect to a given vehicle, the
  3 12 make, model, type of body, the number of cylinders, the type
  3 13 of motor fuel used, the serial number of the vehicle,
  3 14 manufacturer's vehicle identification number, the engine or
  3 15 other assigned number, of the vehicle and whether new or used
  3 16 and, if a new vehicle, the date of sale by the manufacturer or
  3 17 dealer to the person intending to operate such the vehicle.
  3 18 If the vehicle is a new low-speed vehicle, the manufacturer's
  3 19 or importer's certificate required to accompany the
  3 20 application under subsection 4 shall certify that the vehicle
  3 21 was manufactured in compliance with the national highway and
  3 22 traffic safety administration standards for low-speed vehicles
  3 23 in 49 C.F.R. } 571.500.
  3 24    3.  Such further information as may reasonably be required
  3 25 by the department.
  3 26    4.  A statement of the applicant's title and of all liens
  3 27 or encumbrances upon said the vehicle and the names and bona
  3 28 fide addresses of all persons having any interest therein in
  3 29 the vehicle and the nature of every such interest.  When such
  3 30 the application refers to a new vehicle, it shall be
  3 31 accompanied by a manufacturer's or importer's certificate duly
  3 32 assigned as provided in section 321.45.
  3 33    5.  The amount of tax to be paid under section 423.7.
  3 34    6.  If the vehicle is owned by a nonresident but is subject
  3 35 to issuance of an Iowa certificate of title or registration,
  4  1 the application shall also contain the full legal name; social
  4  2 security number, or, if the primary user does not have a
  4  3 social security number but has a passport, the passport
  4  4 number;, Iowa driver's license number, whether the license was
  4  5 issued by this state, another state, another country, or is an
  4  6 international driver's license; or Iowa nonoperator's
  4  7 identification card number, date of birth;, bona fide
  4  8 residence;, and mailing address of the primary user of the
  4  9 vehicle.  If the primary user is a firm, association, or
  4 10 corporation, the application shall contain the bona fide
  4 11 business address and federal employer identification number of
  4 12 the primary user.  The primary user's name and address shall
  4 13 not be printed on the registration receipt or the certificate
  4 14 of title.
  4 15    Notwithstanding contrary provisions of this chapter or
  4 16 chapter 326 regarding titling and registration by means other
  4 17 than electronic means, the department may develop and
  4 18 implement a program to test the feasibility of allow for
  4 19 electronic applications, titling, registering, and electronic
  4 20 funds transfer for vehicles traveling in interstate commerce
  4 21 subject to registration in order to improve the efficiency and
  4 22 timeliness of the processes and to reduce costs for all
  4 23 parties involved.
  4 24    The department shall adopt rules on the method for
  4 25 providing signatures for applications made by electronic
  4 26 means.
  4 27    Sec. 4.  Section 321.20A, subsection 1, Code 2003, is
  4 28 amended to read as follows:
  4 29    1.  Notwithstanding other provisions of this chapter, the
  4 30 owner of a commercial vehicle subject to the proportional
  4 31 registration provisions of chapter 326 may make application to
  4 32 the department or the appropriate county treasurer for a
  4 33 certificate of title.  The application for certificate of
  4 34 title shall be made within thirty days of purchase or transfer
  4 35 and shall be accompanied by a ten dollar title fee and the
  5  1 appropriate use tax.  The department or the county treasurer
  5  2 shall deliver the certificate of title to the owner if there
  5  3 is no security interest or encumbrance appears on the
  5  4 certificate or to the person holding the first security
  5  5 interest or encumbrance shown on the certificate of title.  If
  5  6 there is a security interest, the title, when issued, shall be
  5  7 delivered to the first secured party.  Delivery may be made
  5  8 using electronic means.
  5  9    Sec. 5.  Section 321.24, subsections 3, 7, 8, and 11, Code
  5 10 Supplement 2003, are amended to read as follows:
  5 11    3.  The certificate of title shall contain upon its face
  5 12 the identical information required upon the face of the
  5 13 registration receipt.  In addition, the certificate of title
  5 14 shall contain a statement of the owner's title, the title
  5 15 number assigned to the owner or owners of the vehicle, the
  5 16 amount of tax paid pursuant to section 423.7, the name and
  5 17 address of the previous owner, and a statement of all security
  5 18 interests and encumbrances as shown in the application, upon
  5 19 the vehicle described, including the nature of the security
  5 20 interest, date of notation perfection, and name and address of
  5 21 the secured party.
  5 22    7.  The certificate shall bear the seal contain the name of
  5 23 the county treasurer or of the department, and, if the
  5 24 certificate of title is printed, the signature of the county
  5 25 treasurer, the deputy county treasurer, or the department
  5 26 director or deputy designee.  The certificate of title shall
  5 27 contain upon the reverse side a form for assignment of title
  5 28 or interest and warranty by the owner, for reassignments by a
  5 29 dealer licensed in this state or in another state if the state
  5 30 in which the dealer is licensed permits Iowa licensed dealers
  5 31 to similarly reassign certificates of title.  Attached to the
  5 32 certificate of title shall be an application for a new
  5 33 certificate of title by the transferee as provided in this
  5 34 chapter.  However, titles for mobile homes or manufactured
  5 35 homes shall not be reassigned by licensed dealers.  All
  6  1 certificates of title shall be typewritten or printed by other
  6  2 mechanical means.  Notwithstanding section 321.1, subsection
  6  3 17, as used in this paragraph "dealer" means every person
  6  4 engaged in the business of buying, selling, or exchanging
  6  5 vehicles of a type required to be registered under this
  6  6 chapter.
  6  7    8.  The original certificate of title shall be delivered to
  6  8 the owner if there is no security interest or encumbrance
  6  9 appears on the certificate.  Otherwise the certificate of
  6 10 title shall be delivered by the county treasurer or the
  6 11 department to the person holding the first security interest
  6 12 or encumbrance as shown in the certificate.  Delivery may be
  6 13 made using electronic means.
  6 14    11.  If the county treasurer or department is not satisfied
  6 15 as to the ownership of the vehicle or that there are no
  6 16 undisclosed security interests in it, or a junking certificate
  6 17 has been issued for the vehicle but a certificate of title
  6 18 will not be reissued under section 321.52, subsection 3, and
  6 19 the vehicle qualifies as an antique vehicle under section
  6 20 321.115, subsection 1, the county treasurer or department may
  6 21 register the vehicle but shall, as a condition of issuing a
  6 22 certificate of title and registration receipt, require the
  6 23 applicant to file with the department a bond in the form
  6 24 prescribed by the department and executed by the applicant,
  6 25 and either accompanied by the deposit of cash with the
  6 26 department or also executed by a person authorized to conduct
  6 27 a surety business in this state.  The bond shall be in an
  6 28 amount equal to one and one-half times the current value of
  6 29 the vehicle as determined by the department and conditioned to
  6 30 indemnify any prior owner and secured party and any subsequent
  6 31 purchaser of the vehicle or person acquiring any security
  6 32 interest in it, and their respective successors in interest,
  6 33 against any expense, loss, or damage, including reasonable
  6 34 attorney's fees, by reason of the issuance of the certificate
  6 35 of title of the vehicle or on account of any defect in or
  7  1 undisclosed security interest upon the right, title and
  7  2 interest of the applicant in and to the vehicle.  Any such
  7  3 interested person has a right of action to recover on the bond
  7  4 for any breach of its conditions, but the aggregate liability
  7  5 of the surety to all persons shall not exceed the amount of
  7  6 the bond.  The bond, and any deposit accompanying it, shall be
  7  7 returned at the end of three years or prior thereto if the
  7  8 vehicle is no longer registered in this state and the
  7  9 currently valid certificate of title is surrendered to the
  7 10 department, unless the department has been notified of the
  7 11 pendency of an action to recover on the bond.  The department
  7 12 may authorize issuance of a certificate of title as provided
  7 13 in this subsection for a vehicle with an unreleased security
  7 14 interest upon presentation of satisfactory evidence that the
  7 15 security interest has been extinguished and the holder of the
  7 16 security interest cannot be located to release the security
  7 17 interest as provided in section 321.50.
  7 18    Sec. 6.  Section 321.31, subsection 2, unnumbered paragraph
  7 19 1, Code Supplement 2003, is amended to read as follows:
  7 20    Each county treasurer's office shall maintain a county
  7 21 records system for vehicle registration and certificate of
  7 22 title documents.  The records system shall consist of
  7 23 information from the certificate of title, including the
  7 24 notation date of perfection and cancellation of security
  7 25 interests, and information from the registration receipt.  The
  7 26 information shall be maintained in a manner approved by the
  7 27 department.
  7 28    Sec. 7.  Section 321.34, subsection 11, paragraph d, Code
  7 29 Supplement 2003, is amended to read as follows:
  7 30    d.  Upon receipt of the special registration plates, the
  7 31 applicant shall surrender the current registration receipt and
  7 32 plates to the county treasurer.  The county treasurer shall
  7 33 validate the special registration plates in the same manner as
  7 34 regular registration plates are validated under this section.
  7 35 The annual special natural resources fee for letter number
  8  1 designated plates is ten dollars which shall be paid in
  8  2 addition to the regular annual registration fee.  The annual
  8  3 fee for personalized natural resources plates is five dollars
  8  4 which shall be paid in addition to the annual special natural
  8  5 resources fee and the regular annual registration fee.  The
  8  6 annual special natural resources fee shall be credited as
  8  7 provided under paragraph "c".
  8  8    Sec. 8.  Section 321.34, subsection 11A, paragraph d, Code
  8  9 Supplement 2003, is amended to read as follows:
  8 10    d.  Upon receipt of the special registration plates, the
  8 11 applicant shall surrender the current registration receipt and
  8 12 plates to the county treasurer.  The county treasurer shall
  8 13 validate the special registration plates in the same manner as
  8 14 regular registration plates are validated under this section.
  8 15 The annual special love our kids fee for letter number
  8 16 designated plates is ten dollars, which shall be paid in
  8 17 addition to the regular annual registration fee.  The annual
  8 18 fee for personalized love our kids plates is five dollars,
  8 19 which shall be paid in addition to the annual special love our
  8 20 kids fee and the regular annual registration fee.  The annual
  8 21 love our kids fee shall be credited as provided under
  8 22 paragraph "c".
  8 23    Sec. 9.  Section 321.34, subsection 11B, paragraph d, Code
  8 24 Supplement 2003, is amended to read as follows:
  8 25    d.  Upon receipt of the special registration plates, the
  8 26 applicant shall surrender the current registration receipt and
  8 27 plates to the county treasurer.  The county treasurer shall
  8 28 validate the special registration plates in the same manner as
  8 29 regular registration plates are validated under this section.
  8 30 The annual special motorcycle rider education fee for letter
  8 31 number designated plates is ten dollars, which shall be paid
  8 32 in addition to the regular annual registration fee.  The
  8 33 annual fee for personalized motorcycle rider education plates
  8 34 is five dollars, which shall be paid in addition to the annual
  8 35 special motorcycle rider education fee and the regular annual
  9  1 registration fee.  The annual motorcycle rider education fee
  9  2 shall be credited as provided under paragraph "c".
  9  3    Sec. 10.  Section 321.34, subsection 23, paragraph d, Code
  9  4 Supplement 2003, is amended to read as follows:
  9  5    d.  Upon receipt of the special registration plates, the
  9  6 applicant shall surrender the current registration receipt and
  9  7 plates to the county treasurer.  The county treasurer shall
  9  8 validate the special registration plates in the same manner as
  9  9 regular registration plates are validated under this section.
  9 10 The annual special breast cancer awareness fee for letter
  9 11 number designated plates is ten dollars, which shall be paid
  9 12 in addition to the regular annual registration fee.  The
  9 13 annual special fee for personalized breast cancer awareness
  9 14 plates is five dollars, which shall be paid in addition to the
  9 15 annual special breast cancer awareness fee and the regular
  9 16 annual registration fee.  The annual special breast cancer
  9 17 awareness fee shall be credited and transferred as provided
  9 18 under paragraph "c".
  9 19    Sec. 11.  Section 321.42, subsection 2, paragraph b, Code
  9 20 2003, is amended to read as follows:
  9 21    b.  After five days, the department or county treasurer
  9 22 shall issue a replacement copy to using the applicant at the
  9 23 applicant's most recent bona fide address,; however, the five-
  9 24 day waiting period does not apply to an applicant who has
  9 25 surrendered the original certificate of title to the
  9 26 department or county treasurer.  The replacement copy shall be
  9 27 clearly marked "replacement" and shall include notation of
  9 28 security interests and liens or encumbrances.  When a
  9 29 replacement copy has been issued, the previous certificate is
  9 30 void.  The department or county treasurer is not authorized to
  9 31 refund fees collected for a replacement title under this
  9 32 section or section 321.52A.
  9 33    Sec. 12.  Section 321.45, subsection 2, paragraph a, Code
  9 34 Supplement 2003, is amended to read as follows:
  9 35    a.  The perfection of a lien or security interest by
 10  1 notation on the certificate of title as provided in section
 10  2 321.50, or
 10  3    Sec. 13.  Section 321.46, subsection 1, Code 2003, is
 10  4 amended to read as follows:
 10  5    1.  The transferee shall, within thirty calendar days after
 10  6 purchase or transfer, apply for and obtain from the county
 10  7 treasurer of the person's residence, or, if a nonresident, the
 10  8 county treasurer of the county where the primary users of the
 10  9 vehicle are located or the county where all other vehicles
 10 10 owned by the nonresident are registered, a new registration
 10 11 and a new certificate of title for the vehicle except as
 10 12 provided in section 321.25, 321.48, or 322G.12.  The
 10 13 transferee shall present with the application the certificate
 10 14 of title endorsed and assigned by the previous owner and shall
 10 15 indicate the name of the county in which the vehicle was last
 10 16 registered and the registration expiration date.  Unless the
 10 17 transferee is a manufacturer obtaining a new certificate of
 10 18 title pursuant to section 322G.12, the transferee shall be
 10 19 required to list a driver's license number.
 10 20    Sec. 14.  Section 321.46, subsection 3, paragraph f, Code
 10 21 2003, is amended by striking the paragraph.
 10 22    Sec. 15.  Section 321.50, subsections 1 through 4, Code
 10 23 Supplement 2003, are amended to read as follows:
 10 24    1.  A security interest in a vehicle subject to
 10 25 registration under the laws of this state or a mobile home or
 10 26 manufactured home, except trailers whose empty weight is two
 10 27 thousand pounds or less, and except new or used vehicles held
 10 28 by a dealer or manufacturer as inventory for sale, is
 10 29 perfected by the delivery to the county treasurer of the
 10 30 county where the certificate of title was issued or, in the
 10 31 case of a new certificate, to the county treasurer where the
 10 32 certificate will be issued, of an application for certificate
 10 33 of title which lists the security interest, or an application
 10 34 for notation of security interest signed by the owner, or by
 10 35 one owner of a vehicle owned jointly by more than one person,
 11  1 or signed through electronic means as determined by the
 11  2 department, or a certificate of title from another
 11  3 jurisdiction which shows the security interest, and payment of
 11  4 a fee of five dollars for each security interest shown.  The
 11  5 department shall require the federal employer identification
 11  6 number of a secured party who is a firm, association, or
 11  7 corporation or, if a natural person, the social security
 11  8 number.  Upon delivery of the application and payment of the
 11  9 fee, the county treasurer shall note the date of delivery on
 11 10 the application.  If the delivery is by electronic means and
 11 11 the time is electronically recorded on the application along
 11 12 with the date, the time shall be included with the date on all
 11 13 subsequent documents and records where the date of perfection
 11 14 is required under this chapter.  The date of delivery shall be
 11 15 the date of perfection of the security interest in the
 11 16 vehicle, regardless of the date the security interest is noted
 11 17 on the certificate of title.  Up to three security interests
 11 18 may be perfected against a vehicle and shown on an Iowa
 11 19 certificate of title.  If the owner or secured party is in
 11 20 possession of the certificate of title, it must also be
 11 21 delivered at this time in order to perfect the security
 11 22 interest.  If a vehicle is subject to a security interest when
 11 23 brought into this state, the validity of the security interest
 11 24 and the date of perfection is determined by section 554.9303.
 11 25 Delivery as provided in this subsection is an indication
 11 26 constitutes perfection of a security interest on a certificate
 11 27 of title for purposes of this chapter and chapter 554.
 11 28    2.  Upon receipt of the application and the required fee,
 11 29 if the certificate of title was not delivered to the county
 11 30 treasurer along with the application, the county treasurer
 11 31 shall notify the holder of the certificate of title to deliver
 11 32 to the county treasurer, within five days from the receipt of
 11 33 notice, the certificate of title to permit notation of the
 11 34 security interest.  If the holder of the certificate of title
 11 35 shall fail fails to deliver it within the said five days, the
 12  1 holder shall be liable to anyone harmed by the holder's
 12  2 failure.
 12  3    3.  Upon receipt of the application, the certificate of
 12  4 title, if any, and the required fee, the county treasurer
 12  5 shall note such the security interest, and the date thereof,
 12  6 of perfection of the security interest on the certificate over
 12  7 the signature of such officer or deputy and the seal of office
 12  8 of title.  The county treasurer shall also note such the
 12  9 security interest and the date thereof of perfection of the
 12 10 security interest in the county records system.  Upon receipt
 12 11 of a certificate of title issued by a foreign jurisdiction, on
 12 12 which a security interest has been noted, the county treasurer
 12 13 shall note the security interest and the date the security
 12 14 interest was noted on the foreign certificate of title, if
 12 15 available, or if not, the date of issuance of the foreign
 12 16 certificate of title, on the face of the new certificate of
 12 17 title.  The county treasurer shall also note the security
 12 18 interest and the date that was noted on the certificate of
 12 19 title in the county records system.  The county treasurer
 12 20 shall then mail deliver the certificate of title to the first
 12 21 secured party as shown thereon.
 12 22    3A.  Notwithstanding any provision of this section to the
 12 23 contrary, if a security interest has been delivered by
 12 24 electronic means, the county treasurer or department shall not
 12 25 print a certificate of title until all security interests have
 12 26 been released, but shall provide the first security interest
 12 27 holder with an electronic record of the certificate of title.
 12 28 When a vehicle is subject to an electronic lien, the
 12 29 certificate of title for the vehicle shall be considered to be
 12 30 physically held by the lienholder for purposes of compliance
 12 31 with odometer disclosure requirements under section 321.71.
 12 32    4.  a.  When a security interest is discharged, the holder
 12 33 shall note a cancellation of same the security interest on the
 12 34 face of the certificate of title over the holder's signature,
 12 35 and deliver the certificate of title to the county treasurer
 13  1 where the title was issued.  In the case of a security
 13  2 interest that has been delivered by electronic means, the
 13  3 holder shall notify the department or the county treasurer, in
 13  4 a manner prescribed by the department, of the release of the
 13  5 security interest.  The county treasurer shall immediately
 13  6 note the cancellation of the security interest on the face of
 13  7 the certificate of title, if applicable, and in the county
 13  8 records system.  The county treasurer shall on the same day
 13  9 deliver the certificate of title, if applicable, to the then
 13 10 first secured party or, if there is no such person, to the
 13 11 person as directed by the owner, in writing, on a form
 13 12 prescribed by the department or, if there is no person
 13 13 designated, then to the owner.  The cancellation of the
 13 14 security interest shall be noted on the certificate of title
 13 15 by the county treasurer without charge.  The holder of a
 13 16 security interest discharged by payment who fails to release
 13 17 the security interest within fifteen days after being
 13 18 requested in writing to do so shall forfeit to the person
 13 19 making the payment the sum of twenty-five dollars.
 13 20    b.  If a lien has been released by the lienholder but has
 13 21 not been sent to the county of record for clearance of the
 13 22 lien, any county may note the release on the face of the title
 13 23 and shall notify the county of record that the lien has been
 13 24 released as of the specified date, and shall make entry upon
 13 25 the computer system.  Notification to the county of record
 13 26 shall be made by an automated statewide system, or by sending
 13 27 a photocopy of the released title to the county of record.
 13 28    c.  When a security interest is discharged, the lienholder
 13 29 shall note the cancellation of the security interest on the
 13 30 face of the title and, if applicable, may note the
 13 31 cancellation of the security interest on a form prescribed by
 13 32 the department and deliver a copy of the form in lieu of the
 13 33 title to the department or to the treasurer of the county in
 13 34 which the title was issued.  The form may be delivered by
 13 35 electronic means.  The department or county treasurer shall
 14  1 note the release of the security interest upon the statewide
 14  2 computer system and the county's records.  A copy of the form,
 14  3 if used, shall be attached to the title by the lienholder, if
 14  4 the title is held by the lienholder, and shall be evidence of
 14  5 the release of the security interest.  The If the title is
 14  6 held by the lienholder, the lienholder shall deliver the title
 14  7 to the first lienholder, or if there is no such person, to the
 14  8 person as designated by the owner, or if there is no such
 14  9 person designated, to the owner.  If a certificate of title
 14 10 has not been issued, upon release of a security interest, the
 14 11 lienholder shall notify the department or the county
 14 12 treasurer, in a manner prescribed by the department, of the
 14 13 release of the security interest.
 14 14    Sec. 16.  Section 321.50, subsection 6, unnumbered
 14 15 paragraph 2, Code Supplement 2003, is amended to read as
 14 16 follows:
 14 17    This subsection is repealed effective July 1, 2004 January
 14 18 1, 2005.
 14 19    Sec. 17.  Section 321.50, subsection 7, Code Supplement
 14 20 2003, is amended to read as follows:
 14 21    7.  Upon request of any person, the county treasurer shall
 14 22 issue a certificate showing certify whether there are, on the
 14 23 date and hour stated therein, any security interests noted on
 14 24 a particular vehicle's certificate of title, or liens against
 14 25 a vehicle and the name and address of each secured party whose
 14 26 security interest is noted thereon.  The uniform fee for a
 14 27 written certificate certification shall be two dollars if the
 14 28 request for the certificate certification is on a form
 14 29 conforming to standards prescribed by the secretary of state;
 14 30 otherwise, three dollars.  Upon request and payment of the
 14 31 appropriate fee, the county treasurer shall furnish a
 14 32 certified copy of any security interest notations interests
 14 33 for a uniform fee of one dollar per page.
 14 34    Sec. 18.  Section 321.74, Code 2003, is amended to read as
 14 35 follows:
 15  1    321.74  ACTION BY DEPARTMENT.
 15  2    The department, upon receiving a report of a stolen or
 15  3 embezzled vehicle as hereinbefore provided in section 321.72
 15  4 or 321.73 or through the national motor vehicle title
 15  5 information system, shall file and appropriately index the
 15  6 same and shall immediately suspend the registration of the
 15  7 vehicle so reported and shall not transfer the certificate of
 15  8 title or registration of the same vehicle until such time as
 15  9 it the department is notified in writing that such the vehicle
 15 10 has been recovered.
 15 11    Sec. 19.  Section 321.101, subsection 2, Code 2003, is
 15 12 amended to read as follows:
 15 13    2.  The department shall cancel a certificate of title that
 15 14 appears to have been improperly issued or fraudulently
 15 15 obtained or, in the case of a mobile home or manufactured
 15 16 home, if taxes were owing under chapter 435 at the time the
 15 17 certificate was issued and have not been paid.  However,
 15 18 before the certificate to a mobile home or manufactured home
 15 19 for which taxes were owing can be canceled, notice and
 15 20 opportunity to pay the taxes must be given to the person to
 15 21 whom the certificate was issued.  Upon cancellation of any a
 15 22 certificate of title, the department shall notify the county
 15 23 treasurer who issued it, who shall enter the cancellation upon
 15 24 the records.  The department shall also notify the person to
 15 25 whom the certificate of title was issued, as well as any
 15 26 lienholders appearing on the certificate of title each
 15 27 lienholder who has a perfected lien, of the cancellation and
 15 28 shall demand the surrender of the certificate of title, but
 15 29 the cancellation shall not affect the validity of any lien
 15 30 noted on the certificate of title perfected lien.
 15 31    Sec. 20.  Section 321.109, subsection 1, unnumbered
 15 32 paragraph 1, Code 2003, is amended to read as follows:
 15 33    The annual fee for all motor vehicles including vehicles
 15 34 designated by manufacturers as station wagons, and 1993 and
 15 35 subsequent model years for multipurpose vehicles, except motor
 16  1 trucks, motor homes, ambulances, hearses, motorcycles, motor
 16  2 bicycles, and 1992 and older model years for multipurpose
 16  3 vehicles, shall be equal to one percent of the value as fixed
 16  4 by the department plus forty cents for each one hundred pounds
 16  5 or fraction thereof of weight of vehicle, as fixed by the
 16  6 department.  The weight of a motor vehicle, fixed by the
 16  7 department for registration purposes, shall include the weight
 16  8 of a battery, heater, bumpers, spare tire, and wheel.
 16  9 Provided, however, that for any new vehicle purchased in this
 16 10 state by a nonresident for removal to the nonresident's state
 16 11 of residence the purchaser may make application to the county
 16 12 treasurer in the county of purchase for a transit plate for
 16 13 which a fee of ten dollars shall be paid.  And provided,
 16 14 however, that for any used vehicle held by a registered dealer
 16 15 and not currently registered in this state, or for any vehicle
 16 16 held by an individual and currently registered in this state,
 16 17 when purchased in this state by a nonresident for removal to
 16 18 the nonresident's state of residence, the purchaser may make
 16 19 application to the county treasurer in the county of purchase
 16 20 for a transit plate for which a fee of three dollars shall be
 16 21 paid.  The county treasurer shall issue a nontransferable
 16 22 certificate of registration for which no refund shall be
 16 23 allowed; and the transit plates shall be void thirty days
 16 24 after issuance.  Such purchaser may apply for a certificate of
 16 25 title by surrendering the manufacturer's or importer's
 16 26 certificate or certificate of title, duly assigned as provided
 16 27 in this chapter.  In this event, the treasurer in the county
 16 28 of purchase shall, when satisfied with the genuineness and
 16 29 regularity of the application, and upon payment of a fee of
 16 30 ten dollars, issue a certificate of title in the name and
 16 31 address of the nonresident purchaser delivering the same to
 16 32 the person entitled to the title as provided in this chapter.
 16 33 The application requirements of section 321.20 apply to a
 16 34 title issued as provided in this subsection, except that a
 16 35 natural person who applies for a certificate of title shall
 17  1 provide either the person's social security number, passport
 17  2 number, or driver's license number, whether the license was
 17  3 issued by this state, another state, or another country.  The
 17  4 provisions of this subsection relating to multipurpose
 17  5 vehicles are effective January 1, 1993, for all 1993 and
 17  6 subsequent model years.  The annual registration fee for
 17  7 multipurpose vehicles that are 1992 model years and older
 17  8 shall be in accordance with section 321.124.
 17  9    Sec. 21.  Section 321.126, subsection 6, paragraph b, Code
 17 10 2003, is amended by striking the paragraph.
 17 11    Sec. 22.  Section 321.131, Code 2003, is amended to read as
 17 12 follows:
 17 13    321.131  LIEN OF FEE.
 17 14    All registration or other fees provided for in this chapter
 17 15 shall be and continue constitute a lien against the vehicle
 17 16 for which said the fees are payable unless otherwise provided
 17 17 in this section until such time as they are paid as provided
 17 18 by law, with any accrued penalties.  The county treasurer may
 17 19 perfect a security interest in a vehicle for the amount of
 17 20 such fees by noting the lien upon the certificate of title for
 17 21 the vehicle as provided in section 321.50.  If the lien is not
 17 22 perfected as provided in this section, the lien shall not be
 17 23 valid against a bona fide purchaser of the vehicle without
 17 24 actual notice to the purchaser.
 17 25    Sec. 23.  Section 321.134, Code 2003, is amended by adding
 17 26 the following new subsection:
 17 27    NEW SUBSECTION.  5.  The department shall waive the
 17 28 penalties imposed by this section for an owner who is in the
 17 29 military service of the United States and who has been
 17 30 relocated as a result of being placed on active duty on or
 17 31 after September 11, 2001.  The department shall adopt rules to
 17 32 implement this subsection, including, if necessary, procedures
 17 33 for refunding penalties collected prior to the effective date
 17 34 of this Act.
 17 35    Sec. 24.  Section 321.149, Code Supplement 2003, is amended
 18  1 to read as follows:
 18  2    321.149  BLANKS SUPPLIES.
 18  3    The department shall not later than November 15 of each
 18  4 year prepare and furnish to the treasurer of each county all
 18  5 blank books, blank forms, and all supplies required for the
 18  6 administration of this chapter, including applications for
 18  7 registration and transfer of vehicles, quintuple receipts, and
 18  8 original remittance sheets to be used in remitting fees to the
 18  9 department, in such form as the department may prescribe.
 18 10 Contracts for the blank books, blank forms, and supplies shall
 18 11 be awarded by the director of the department of administrative
 18 12 services to persons, firms, partnerships, or corporations
 18 13 engaged in the business of printing in Iowa unless, or through
 18 14 them, the persons, firms, partnerships, or corporations cannot
 18 15 provide the required printing set forth in this section.  In
 18 16 lieu of purchasing under competitive bids, the director of the
 18 17 department of administrative services shall have authority to
 18 18 arrange with the director of the department of corrections to
 18 19 furnish the supplies as can be made in the state institutions.
 18 20    Sec. 25.  Section 321.152, subsection 4, Code 2003, is
 18 21 amended to read as follows:
 18 22    4.  Sixty percent of all fees collected for notation
 18 23 perfection of security interests.
 18 24    Sec. 26.  Section 321.153, unnumbered paragraph 1, Code
 18 25 2003, is amended to read as follows:
 18 26    The county treasurer on the tenth day of each month shall
 18 27 certify under county seal to the department, on forms
 18 28 furnished by it, a full and complete statement of all fees and
 18 29 penalties received by the county treasurer during the
 18 30 preceding calendar month and shall remit all moneys not
 18 31 retained for deposit under section 321.152 to the treasurer of
 18 32 state.
 18 33    Sec. 27.  Section 321.160, Code 2003, is amended to read as
 18 34 follows:
 18 35    321.160  DEPARTMENT TO PREPARE MAINTAIN STATEMENT.
 19  1    The department shall prepare, annually, maintain a
 19  2 statement showing all the different makes and models of motor
 19  3 vehicles previously registered in the department, and all the
 19  4 different makes and models of motor vehicles, statements of
 19  5 which have been filed in the office by the manufacturers as
 19  6 heretofore provided in section 321.157, together with the
 19  7 retail list price and weight of the same vehicles.
 19  8    Copies of the statement shall be furnished to each county
 19  9 treasurer and additional copies may be sold by the department
 19 10 to other persons, at a price to be set by the department,
 19 11 covering the approximate cost of same the copies and service
 19 12 involved.  Copies of the statement required by this section
 19 13 may be provided electronically.  All funds received shall be
 19 14 forwarded by the department to the treasurer of state.
 19 15    Sec. 28.  Section 321.188, subsection 3, Code 2003, is
 19 16 amended to read as follows:
 19 17    3.  An applicant for a hazardous material endorsement must
 19 18 pass a knowledge test as required under 49 C.F.R. } 383.121 as
 19 19 adopted by rule by the department to obtain or retain the
 19 20 endorsement.  However, an applicant for license issuance who
 19 21 was previously issued a commercial driver's license from
 19 22 another state may retain the hazardous material endorsement
 19 23 from the previously issued license if the applicant
 19 24 successfully passed the endorsement test within the preceding
 19 25 twenty-four months.  Pursuant to procedures established by the
 19 26 department, an applicant for a hazardous material endorsement
 19 27 must also comply with the application and security threat
 19 28 assessment requirements established under 49 C.F.R. pt. 383,
 19 29 384, and 1572.  A hazardous material endorsement shall be
 19 30 revoked or denied if the department determines that the
 19 31 applicant has not complied with or met the security threat
 19 32 assessment standards.
 19 33    Sec. 29.  Section 321.235A, unnumbered paragraph 1, Code
 19 34 2003, is amended to read as follows:
 19 35    An electric personal assistive mobility device, which is a
 20  1 two-wheeled device as defined in section 321.1, subsection
 20  2 20B, may be operated by a person at least sixteen years of age
 20  3 on sidewalks and bikeways in accordance with this section.
 20  4    Sec. 30.  Section 321J.1A, subsection 2, Code 2003, is
 20  5 amended to read as follows:
 20  6    2.  The department shall publish pamphlets containing the
 20  7 criminal and administrative penalties for drunk driving, and
 20  8 related laws, rules, instructions, and explanatory matter.
 20  9 This information may be included in pamphlets publications
 20 10 containing information related to other motor vehicle laws,
 20 11 published issued pursuant to section 321.15.  Copies of such
 20 12 the pamphlets shall be given wide distribution, and a supply
 20 13 shall be made available to each county treasurer.
 20 14    Sec. 31.  Section 322.13, subsection 1, Code 2003, is
 20 15 amended to read as follows:
 20 16    1.  The department shall have full authority to prescribe
 20 17 reasonable rules for the administration and enforcement of
 20 18 this chapter, in addition hereto and not inconsistent
 20 19 herewith.  All rules shall be filed and entered by the
 20 20 department in its office in an indexed, permanent book or
 20 21 record, with the effective date thereof suitably indicated,
 20 22 and such book or record shall be a public document.  Whenever
 20 23 The department may provide notice of a new rule or regulation
 20 24 is adopted by the department, a copy of the same shall be
 20 25 mailed by it to each licensee hereunder by a posting on the
 20 26 department's internet website.
 20 27    Sec. 32.  Section 326.15, Code 2003, is amended by striking
 20 28 the section and inserting in lieu thereof the following:
 20 29    326.15  REFUNDS OF REGISTRATION FEES.
 20 30    Refunds of registration fees paid for motor vehicles under
 20 31 this chapter shall be in accordance with section 321.126.  In
 20 32 addition, if a motor vehicle is removed from an apportioned
 20 33 fleet, the owner in whose name the motor vehicle was
 20 34 registered shall return the registration plate to the
 20 35 department and make a claim for refund.  A refund shall not be
 21  1 allowed without documentation of the subsequent registration
 21  2 of the motor vehicle.
 21  3    A qualified fleet owner may certify to the department that
 21  4 the registration plate has been destroyed in lieu of
 21  5 surrendering the plate.  The department shall adopt rules to
 21  6 define a qualified fleet owner.
 21  7    Sec. 33.  2003 Iowa Acts, chapter 8, sections 9, 10, and
 21  8 12, are repealed.
 21  9    Sec. 34.  2003 Iowa Acts, chapter 8, section 29, subsection
 21 10 3, is repealed.
 21 11    Sec. 35.  EFFECTIVE DATES.
 21 12    1.  Except as provided in subsections 2 through 4, this Act
 21 13 takes effect January 1, 2005.
 21 14    2.  The sections of this Act amending section 321.46,
 21 15 subsection 3, paragraph "f"; section 321.126, subsection 6,
 21 16 paragraph "b"; and section 326.15, being deemed of immediate
 21 17 importance, take effect upon enactment.
 21 18    3.  The section of this Act enacting section 321.134,
 21 19 subsection 5, being deemed of immediate importance, takes
 21 20 effect upon enactment.
 21 21    4.  The section of this Act amending section 321.188,
 21 22 subsection 3, being deemed of immediate importance, takes
 21 23 effect upon enactment.
 21 24    5.  The sections of this Act amending section 321.1,
 21 25 subsection 20B, and section 321.235A, unnumbered paragraph 1,
 21 26 being deemed of immediate importance, take effect upon
 21 27 enactment.
 21 28    6.  The sections of this Act amending 2003 Iowa Acts,
 21 29 chapter 8, being deemed of immediate importance, take effect
 21 30 upon enactment.  
 21 31 
 21 32 
 21 33                                                             
 21 34                               JEFFREY M. LAMBERTI
 21 35                               President of the Senate
 22  1 
 22  2 
 22  3                                                             
 22  4                               CHRISTOPHER C. RANTS
 22  5                               Speaker of the House
 22  6 
 22  7    I hereby certify that this bill originated in the Senate and
 22  8 is known as Senate File 2070, Eightieth General Assembly.
 22  9 
 22 10 
 22 11                                                             
 22 12                               MICHAEL E. MARSHALL
 22 13                               Secretary of the Senate
 22 14 Approved                , 2004
 22 15 
 22 16 
 22 17                                
 22 18 THOMAS J. VILSACK
 22 19 Governor
     
Text: SF02069                           Text: SF02071
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index

© 2004 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: Tue Apr 6 03:30:00 CDT 2004
URL: /DOCS/GA/80GA/Legislation/SF/02000/SF02070/040318.html
jhf