House File 2437 H-8140 Amend the amendment, H-8133, to House File 2437 as 1 follows: 2 1. Page 1, after line 1 by inserting: 3 < ___. By striking page 1, line 3, through page 3, 4 line 22, and inserting: 5 < Sec. ___. Section 321.1, Code 2016, is amended by 6 adding the following new subsection: 7 NEW SUBSECTION . 06A. “Autocycle” means a 8 three-wheeled motor vehicle originally designed with 9 two front wheels and one rear wheel, a steering wheel 10 rather than handlebars, no more than two permanent 11 seats that do not require the operator or a passenger 12 to straddle or sit astride the vehicle, and foot 13 pedals that control the brakes, acceleration, and 14 clutch, where applicable. A motor vehicle meeting the 15 definition of “autocycle” is an autocycle even if the 16 vehicle bears a vehicle identification number, or is 17 accompanied by a manufacturer’s certificate of origin, 18 that identifies the vehicle as a motorcycle. 19 Sec. ___. Section 321.1, subsection 40, paragraph 20 a, Code 2016, is amended to read as follows: 21 a. “Motorcycle” means every motor vehicle having a 22 saddle or seat for the use of the rider and designed to 23 travel on not more than three wheels in contact with 24 the ground including a motor scooter but excluding a 25 tractor , an autocycle, and a motorized bicycle. 26 Sec. ___. Section 321.34, subsection 1, Code 2016, 27 is amended to read as follows: 28 1. Plates issued. The county treasurer upon 29 receiving application, accompanied by proper fee, for 30 registration of a vehicle shall issue to the owner one 31 registration plate for a motorcycle, motorized bicycle, 32 autocycle, truck tractor, trailer, or semitrailer and 33 two registration plates for every other motor vehicle. 34 The registration plates, including special registration 35 -1- H8133.3187 (1) 86 ns/sc 1/ 15 #1.
plates, shall be assigned to the owner of a vehicle. 1 When the owner of a registered vehicle transfers or 2 assigns ownership of the vehicle to another person, the 3 owner shall remove the registration plates from the 4 vehicle. The owner shall forward the plates to the 5 county treasurer where the vehicle is registered or the 6 owner may have the plates assigned to another vehicle 7 within thirty days after transfer, upon payment of the 8 fees required by law. The owner shall immediately 9 affix registration plates retained by the owner 10 to another vehicle owned or acquired by the owner, 11 providing the owner complies with section 321.46 . 12 The department shall adopt rules providing for the 13 assignment of registration plates to the transferee of 14 a vehicle for which a credit is allowed under section 15 321.46, subsection 6 . 16 Sec. ___. Section 321.34, subsection 5, paragraph 17 a, Code 2016, is amended to read as follows: 18 a. Upon application and the payment of a fee of 19 twenty-five dollars, the director may issue to the 20 owner of a motor vehicle registered in this state or 21 a trailer or travel trailer registered in this state, 22 personalized registration plates marked with up to 23 seven initials, letters, or combination of numerals and 24 letters requested by the owner. However, personalized 25 registration plates for autocycles, motorcycles , and 26 motorized bicycles shall be marked with no more than 27 six initials, letters, or combinations of numerals and 28 letters. Upon receipt of the personalized registration 29 plates, the applicant shall surrender the regular 30 registration plates to the county treasurer. The fee 31 for issuance of the personalized registration plates 32 shall be in addition to the regular annual registration 33 fee. 34 Sec. ___. Section 321.34, subsection 8, paragraph 35 -2- H8133.3187 (1) 86 ns/sc 2/ 15
a, Code 2016, is amended to read as follows: 1 a. The owner of a motor vehicle subject to 2 registration under section 321.109, subsection 3 1 , autocycle, motorcycle, trailer, or motor truck 4 who has been awarded the medal of honor may, upon 5 written application to the department, order special 6 registration plates which shall be red, white, and blue 7 in color and shall bear an emblem of the medal of honor 8 and an identifying number. Each applicant applying for 9 special registration plates under this subsection may 10 order only one set of registration plates under this 11 subsection . The application is subject to approval 12 by the department and the special registration plates 13 shall be issued at no charge to the applicant in 14 exchange for the registration plates previously issued 15 to the person. A person who is issued special plates 16 under this subsection is exempt from payment of any 17 annual registration fee for the motor vehicle bearing 18 the special plates. The department shall validate 19 the special plates in the same manner as regular 20 registration plates are validated under this section . 21 The department shall not issue special registration 22 plates until service organizations in the state have 23 furnished the department either the special dies or the 24 cost of the special dies necessary for the manufacture 25 of the special registration plate. 26 Sec. ___. Section 321.34, subsection 8A, paragraph 27 a, Code 2016, is amended to read as follows: 28 a. The owner of a motor vehicle subject to 29 registration under section 321.109, subsection 1 , 30 autocycle, motorcycle, trailer, or motor truck who was 31 a prisoner of war during a time of military conflict 32 may, upon written application to the department, order 33 only one set of special registration plates with an 34 ex-prisoner of war processed emblem. The emblem shall 35 -3- H8133.3187 (1) 86 ns/sc 3/ 15
be designed by the department in cooperation with the 1 adjutant general and shall signify that the owner was 2 a prisoner of war as described in this subsection . The 3 application is subject to approval by the department, 4 in consultation with the adjutant general. The special 5 plates shall be issued at no charge and are subject to 6 an annual registration fee of fifteen dollars. The 7 county treasurer shall validate the special plates in 8 the same manner as regular registration plates are 9 validated under this section . 10 Sec. ___. Section 321.34, subsection 11, paragraph 11 a, Code 2016, is amended to read as follows: 12 a. Upon application and payment of the proper fees, 13 the director may issue natural resources plates to the 14 owner of a motor vehicle subject to registration under 15 section 321.109, subsection 1 , autocycle, motor truck, 16 motor home, multipurpose vehicle, motorcycle, trailer, 17 or travel trailer. 18 Sec. ___. Section 321.34, subsection 11A, paragraph 19 a, Code 2016, is amended to read as follows: 20 a. Upon application and payment of the proper fees, 21 the director may issue “love our kids” plates to the 22 owner of a motor vehicle subject to registration under 23 section 321.109, subsection 1 , autocycle, motor truck, 24 motor home, multipurpose vehicle, motorcycle, trailer, 25 or travel trailer. 26 Sec. ___. Section 321.34, subsection 11B, paragraph 27 a, Code 2016, is amended to read as follows: 28 a. Upon application and payment of the proper fees, 29 the director may issue “motorcycle rider education” 30 plates to the owner of a motor vehicle subject to 31 registration under section 321.109, subsection 1 , 32 autocycle, motor truck, motor home, multipurpose 33 vehicle, motorcycle, trailer, or travel trailer. 34 Sec. ___. Section 321.34, subsection 12, paragraphs 35 -4- H8133.3187 (1) 86 ns/sc 4/ 15
a and d, Code 2016, are amended to read as follows: 1 a. The owner of a motor vehicle subject to 2 registration pursuant to section 321.109, subsection 3 1 , autocycle, motor truck, motor home, multipurpose 4 vehicle, motorcycle, trailer, or travel trailer may, 5 upon written application to the department, order 6 special registration plates with a distinguishing 7 processed emblem as authorized by this section or as 8 approved by the department. The fee for the issuance 9 of special registration plates is twenty-five dollars 10 for each vehicle, unless otherwise provided by this 11 section , which fee is in addition to the regular annual 12 registration fee. The county treasurer shall validate 13 special registration plates with a distinguishing 14 processed emblem in the same manner as regular 15 registration plates, upon payment of five dollars in 16 addition to the regular annual registration fee. 17 d. A special registration plate issued for a 18 motorcycle , autocycle, or motorized bicycle under this 19 section shall be designated in the manner provided for 20 personalized registration plates under subsection 5 , 21 paragraph “a” . 22 Sec. ___. Section 321.34, subsection 15, paragraph 23 a, Code 2016, is amended to read as follows: 24 a. The owner of a motor vehicle subject to 25 registration under section 321.109, subsection 1 , 26 autocycle, motorcycle, trailer, or motor truck who has 27 been awarded the legion of merit shall be issued one 28 set of special registration plates with a legion of 29 merit processed emblem, upon written application to 30 the department and presentation of satisfactory proof 31 of the award of the legion of merit as established by 32 the Congress of the United States. The emblem shall 33 be designed by the department in cooperation with the 34 adjutant general and shall signify that the owner 35 -5- H8133.3187 (1) 86 ns/sc 5/ 15
was awarded the legion of merit. The application is 1 subject to approval by the department, in consultation 2 with the adjutant general. The special plates shall 3 be issued at no charge and are subject to an annual 4 registration fee of fifteen dollars. The county 5 treasurer shall validate the special plates in the same 6 manner as regular registration plates are validated 7 under this section . 8 Sec. ___. Section 321.37, subsections 1 and 2, Code 9 2016, are amended to read as follows: 10 1. Registration plates issued for a motor vehicle 11 other than a an autocycle, motorcycle, motorized 12 bicycle , or a truck tractor shall be attached to 13 the motor vehicle, one in the front and the other in 14 the rear. The registration plate issued for a an 15 autocycle, motorcycle , or other vehicle required to be 16 registered hereunder shall be attached to the rear of 17 the vehicle. The registration plate issued for a truck 18 tractor shall be attached to the front of the truck 19 tractor. The special plate issued to a dealer shall be 20 attached on the rear of the vehicle when operated on 21 the highways of this state. 22 2. Registration plates issued for a motor vehicle 23 which is model year 1948 or older, and reconstructed 24 or specially constructed vehicles built to resemble 25 a model year 1948 vehicle or older, other than a 26 truck registered for more than five tons, autocycle, 27 motorcycle, or truck tractor, may display one 28 registration plate on the rear of the vehicle if the 29 other registration plate issued to the vehicle is 30 carried in the vehicle at all times when the vehicle is 31 operated on a public highway. 32 Sec. ___. Section 321.69, subsection 9, Code 2016, 33 is amended to read as follows: 34 9. Except for subsections 10 and 11 , this section 35 -6- H8133.3187 (1) 86 ns/sc 6/ 15
does not apply to motor trucks and truck tractors with 1 a gross vehicle weight rating of sixteen thousand 2 pounds or more, vehicles more than seven model years 3 old, autocycles, motorcycles, motorized bicycles, and 4 special mobile equipment. This section does apply to 5 motor homes. The requirement in subsection 1 that 6 the new certificate of title and registration receipt 7 shall state on the face whether a prior owner had 8 disclosed that the vehicle was damaged to the extent 9 that it was a wrecked or salvage vehicle as defined 10 in section 321.52, subsection 4 , paragraph “d” , does 11 not apply to a vehicle with a certificate of title 12 bearing a designation that the vehicle was previously 13 titled on a salvage certificate of title pursuant to 14 section 321.52, subsection 4 , paragraph “b” , or to a 15 vehicle with a certificate of title bearing a “REBUILT” 16 or “SALVAGE” designation pursuant to section 321.24, 17 subsection 4 or 5 . Except for subsections 10 and 11 , 18 this section does not apply to new motor vehicles 19 with a true mileage, as defined in section 321.71 , of 20 one thousand miles or less, unless such vehicle has 21 incurred damage as described in subsection 2 . 22 Sec. ___. Section 321.105A, subsection 2, paragraph 23 c, subparagraph (6), Code 2016, is amended to read as 24 follows: 25 (6) Vehicles, excluding autocycles, motorcycles , 26 and motorized bicycles, subject to registration in 27 any state when purchased for rental or registered and 28 titled by a motor vehicle dealer licensed pursuant to 29 chapter 322 for rental use, and held for rental for a 30 period of one hundred twenty days or more and actually 31 rented for periods of sixty days or less by a person 32 regularly engaged in the business of renting vehicles, 33 including but not limited to motor vehicle dealers 34 licensed pursuant to chapter 322 who rent automobiles 35 -7- H8133.3187 (1) 86 ns/sc 7/ 15
to users, if the rental of the vehicles is subject to 1 taxation under section 423.2 or chapter 423C . 2 Sec. ___. Section 321.109, subsection 1, paragraph 3 a, Code 2016, is amended to read as follows: 4 a. The annual fee for all motor vehicles including 5 vehicles designated by manufacturers as station 6 wagons, 1993 and subsequent model year multipurpose 7 vehicles, and 2010 and subsequent model year motor 8 trucks with an unladen weight of ten thousand pounds 9 or less, except motor trucks registered under section 10 321.122 , business-trade trucks, special trucks, motor 11 homes, motorsports recreational vehicles, ambulances, 12 hearses, autocycles, motorcycles, motorized bicycles, 13 and 1992 and older model year multipurpose vehicles, 14 shall be equal to one percent of the value as fixed by 15 the department plus forty cents for each one hundred 16 pounds or fraction thereof of weight of vehicle, 17 as fixed by the department. The weight of a motor 18 vehicle, fixed by the department for registration 19 purposes, shall include the weight of a battery, 20 heater, bumpers, spare tire, and wheel. Provided, 21 however, that for any new vehicle purchased in this 22 state by a nonresident for removal to the nonresident’s 23 state of residence the purchaser may make application 24 to the county treasurer in the county of purchase for 25 a transit plate for which a fee of ten dollars shall 26 be paid. And provided, however, that for any used 27 vehicle held by a registered dealer and not currently 28 registered in this state, or for any vehicle held 29 by an individual and currently registered in this 30 state, when purchased in this state by a nonresident 31 for removal to the nonresident’s state of residence, 32 the purchaser may make application to the county 33 treasurer in the county of purchase for a transit 34 plate for which a fee of three dollars shall be paid. 35 -8- H8133.3187 (1) 86 ns/sc 8/ 15
The county treasurer shall issue a nontransferable 1 certificate of registration for which no refund shall 2 be allowed; and the transit plates shall be void thirty 3 days after issuance. Such purchaser may apply for a 4 certificate of title by surrendering the manufacturer’s 5 or importer’s certificate or certificate of title, 6 duly assigned as provided in this chapter . In this 7 event, the treasurer in the county of purchase shall, 8 when satisfied with the genuineness and regularity of 9 the application, and upon payment of a fee of twenty 10 dollars, issue a certificate of title in the name and 11 address of the nonresident purchaser delivering the 12 title to the owner. If there is a security interest 13 noted on the title, the county treasurer shall mail to 14 the secured party an acknowledgment of the notation 15 of the security interest. The county treasurer shall 16 not release a security interest that has been noted on 17 a title issued to a nonresident purchaser as provided 18 in this paragraph. The application requirements of 19 section 321.20 apply to a title issued as provided 20 in this subsection , except that a natural person 21 who applies for a certificate of title shall provide 22 either the person’s social security number, passport 23 number, or driver’s license number, whether the license 24 was issued by this state, another state, or another 25 country. The provisions of this subsection relating to 26 multipurpose vehicles are effective for all 1993 and 27 subsequent model years. The annual registration fee 28 for multipurpose vehicles that are 1992 model years and 29 older shall be in accordance with section 321.124 . 30 Sec. ___. Section 321.117, Code 2016, is amended to 31 read as follows: 32 321.117 Motorcycle, autocycle, ambulance, and hearse 33 fees. 34 For all motorcycles and autocycles the annual 35 -9- H8133.3187 (1) 86 ns/sc 9/ 15
registration fee shall be twenty dollars. For all 1 motorized bicycles the annual registration fee shall 2 be seven dollars. When the motorcycle or autocycle is 3 more than five model years old, the annual registration 4 fee shall be ten dollars. The annual registration fee 5 for ambulances and hearses shall be fifty dollars. 6 Passenger car plates shall be issued for ambulances and 7 hearses. 8 Sec. ___. Section 321.166, subsections 1, 3, and 4, 9 Code 2016, are amended to read as follows: 10 1. a. Registration plates shall be of metal and 11 of a size not to exceed six inches by twelve inches, 12 except that the size of plates issued for use on 13 autocycles, motorized bicycles, motorcycles, motorcycle 14 trailers, and trailers with an empty weight of two 15 thousand pounds or less shall be established by the 16 department. 17 b. Trailers with empty weights of two thousand 18 pounds or less may, upon request, be licensed with 19 regular-sized license plates. 20 3. The registration plate number shall be displayed 21 in characters which shall not exceed a height of four 22 inches nor a stroke width exceeding five-eighths of an 23 inch. Special plates issued to dealers shall display 24 the alphabetical character “D”, which shall be of the 25 same size as the characters in the registration plate. 26 The registration plate number issued for autocycles, 27 motorized bicycles, motorcycles, trailers with an empty 28 weight of two thousand pounds or less, and motorcycle 29 trailers shall be a size prescribed by the department. 30 4. The registration plate number, except on 31 autocycles, motorized bicycles, motorcycles, motorcycle 32 trailers, and trailers with an empty weight of two 33 thousand pounds or less, shall be of sufficient size to 34 be readable from a distance of one hundred feet during 35 -10- H8133.3187 (1) 86 ns/sc 10/ 15
daylight. 1 Sec. ___. Section 322.2, Code 2016, is amended by 2 adding the following new subsection: 3 NEW SUBSECTION . 1A. “Autocycle” means as defined 4 in section 321.1. 5 Sec. ___. Section 322.5, subsection 6, paragraph a, 6 unnumbered paragraph 1, Code 2016, is amended to read 7 as follows: 8 Upon application for and receipt of a temporary 9 permit issued by the department under this subsection , 10 a motor vehicle dealer authorized to sell used 11 motorcycles or autocycles may display, offer for sale, 12 and negotiate sales of used motorcycles or autocycles 13 at a motorcycle rally located in this state that meets 14 all of the following conditions: 15 Sec. ___. Section 322.5, subsection 6, paragraph 16 b, subparagraph (1), Code 2016, is amended to read as 17 follows: 18 (1) The person presents the department with a 19 current motor vehicle dealer license valid for the sale 20 of used motorcycles or autocycles at retail in the 21 person’s state of residence. 22 Sec. ___. Section 322.5, subsection 6, paragraph d, 23 Code 2016, is amended to read as follows: 24 d. A sale of a motorcycle or autocycle at a 25 motorcycle rally shall not be completed and an 26 agreement for the sale of a motorcycle or autocycle 27 shall not be signed at a motorcycle rally. All 28 such sales shall be consummated at the motor vehicle 29 dealer’s principal place of business. 30 Sec. ___. Section 322.36, Code 2016, is amended to 31 read as follows: 32 322.36 Motorcycle and autocycle dealer business 33 hours. 34 A person in the business of selling motorcycles 35 -11- H8133.3187 (1) 86 ns/sc 11/ 15
or autocycles under chapter 322D is not required 1 to maintain regular business hours at the dealer’s 2 principal place of business or other place of business. 3 Sec. ___. Section 322D.1, subsection 2, Code 2016, 4 is amended to read as follows: 5 2. “Attachment” means a machine or part of a 6 machine designed to be used on and in conjunction with 7 a farm implement, motorcycle, autocycle, all-terrain 8 vehicle, or snowmobile. 9 Sec. ___. Section 322D.1, Code 2016, is amended by 10 adding the following new subsection: 11 NEW SUBSECTION . 2A. “Autocycle” means as defined 12 in section 321.1. 13 Sec. ___. Section 322D.1, subsection 4, paragraphs 14 b and e, Code 2016, are amended to read as follows: 15 b. The franchisee is granted the right to offer 16 and sell farm implements, motorcycles, autocycles, 17 all-terrain vehicles, snowmobiles, or related parts 18 or attachments manufactured or distributed by the 19 franchiser. 20 e. The operation of the franchisee’s business 21 is substantially reliant on the franchiser for the 22 continued supply of farm implements, motorcycles, 23 autocycles, all-terrain vehicles, snowmobiles, or 24 related parts or attachments. 25 Sec. ___. Section 322D.1, subsections 5, 6, and 7, 26 Code 2016, are amended to read as follows: 27 5. “Franchisee” means a person who receives farm 28 implements, motorcycles, autocycles, all-terrain 29 vehicles, snowmobiles, or related parts or attachments 30 from the franchiser under a franchise and who offers 31 and sells the farm implements, motorcycles, autocycles, 32 all-terrain vehicles, snowmobiles, or related parts or 33 attachments to the general public. 34 6. “Franchiser” means a person who manufactures, 35 -12- H8133.3187 (1) 86 ns/sc 12/ 15
wholesales, or distributes farm implements, 1 motorcycles, autocycles, all-terrain vehicles, 2 snowmobiles, or related parts or attachments, and who 3 enters into a franchise. 4 7. “Motorcycle” means a motor vehicle as defined 5 in section 321.1 other than an all-terrain vehicle, 6 which has a saddle or seat for the use of a rider and 7 that is designed to travel on not more than two wheels 8 in contact with the ground, but excluding a motorized 9 bicycle or autocycle as defined in section 321.1 . 10 Sec. ___. Section 322D.2, Code 2016, is amended to 11 read as follows: 12 322D.2 Franchisee’s rights to payment. 13 1. A franchisee who enters into a written 14 franchise with a franchiser to maintain a stock of 15 farm implements, motorcycles, autocycles, all-terrain 16 vehicles, snowmobiles, or related parts or attachments 17 has the following rights to payment, at the option of 18 the franchisee, if the franchise is terminated: 19 a. One hundred percent of the net cost of new, 20 unused, complete farm implements, motorcycles, 21 autocycles, all-terrain vehicles, snowmobiles, or 22 related attachments, which were purchased from the 23 franchiser. In addition, the franchisee shall have 24 a right of payment for transportation charges on the 25 farm implements, motorcycles, autocycles, all-terrain 26 vehicles, or snowmobiles, which have been paid by the 27 franchisee. 28 b. Eighty-five percent of the net prices of any 29 repair parts, including superseded parts, which 30 were purchased from the franchiser and held by the 31 franchisee on the date that the franchise terminated. 32 c. Five percent of the net prices of parts resold 33 under paragraph “b” for handling, packing, and loading 34 of the parts. However, this payment shall not be due 35 -13- H8133.3187 (1) 86 ns/sc 13/ 15
to the franchisee if the franchiser elects to perform 1 the handling, packing, and loading. 2 2. Upon receipt of the payments due under 3 subsection 1 , the franchiser is entitled to possession 4 of and title to the farm implements, motorcycles, 5 autocycles, all-terrain vehicles, snowmobiles, or 6 related parts or attachments. 7 3. The cost of farm implements, motorcycles, 8 autocycles, all-terrain vehicles, snowmobiles, or 9 related attachments and the price of repair parts shall 10 be determined by reference to the franchiser’s price 11 list or catalog in effect at the time of the franchise 12 termination. 13 Sec. ___. Section 322D.3, subsections 7 and 9, Code 14 2016, are amended to read as follows: 15 7. A farm implement, motorcycle, autocycle, 16 all-terrain vehicle, or snowmobile which is not in new, 17 unused, undamaged, or complete condition. 18 9. A farm implement, motorcycle, autocycle, 19 all-terrain vehicle, or snowmobile which was purchased 20 twenty-four months or more prior to the termination of 21 the franchise. 22 Sec. ___. Section 322D.8, Code 2016, is amended to 23 read as follows: 24 322D.8 Application —— motorcycle or autocycle 25 franchise agreements. 26 The rights under section 322D.2, subsection 1 , 27 apply to motorcycle or autocycle franchise agreements 28 in effect on July 1, 1985, which have no expiration 29 date and are continuing agreements, and to those 30 entered into or renewed after July 1, 1985, but only to 31 motorcycles , autocycles, and motorcycle or autocycle 32 attachments and parts purchased after July 1, 1985. 33 Sec. ___. Section 322G.2, subsection 13, Code 2016, 34 is amended to read as follows: 35 -14- H8133.3187 (1) 86 ns/sc 14/ 15
13. “Motor vehicle” means a self-propelled vehicle 1 purchased or leased in this state, except as provided 2 in section 322G.15 , and primarily designed for the 3 transportation of persons or property over public 4 streets and highways, but does not include mopeds, 5 motorcycles, autocycles, motor homes, or vehicles over 6 fifteen thousand pounds gross vehicle weight rating. >> 7 2. By renumbering as necessary. 8 ______________________________ B. MOORE of Jackson -15- H8133.3187 (1) 86 ns/sc 15/ 15 #2.