House
Amendment
to
Senate
File
2228
S-5104
Amend
Senate
File
2228,
as
amended,
passed,
and
1
reprinted
by
the
Senate,
as
follows:
2
1.
Page
1,
after
line
25
by
inserting:
3
<
Sec.
___.
Section
322.2,
subsection
7,
Code
2016,
4
is
amended
to
read
as
follows:
5
7.
“Engaged
in
the
business”
means
doing
any
of
the
6
following
acts
for
the
purpose
of
the
sale
of
motor
7
vehicles
at
retail:
acquiring,
selling,
exchanging,
8
holding,
offering,
displaying,
brokering,
accepting
on
9
consignment,
conducting
a
retail
auction,
advertising
10
as
being
engaged
in
any
of
those
acts,
or
acting
as
an
11
agent
for
the
purpose
of
doing
any
of
those
acts.
A
12
person
selling
at
retail
more
than
six
motor
vehicles
13
during
a
twelve-month
period
may
be
presumed
to
be
14
engaged
in
the
business.
15
Sec.
___.
Section
322.3,
subsection
3,
Code
2016,
16
is
amended
to
read
as
follows:
17
3.
Subsections
1
,
and
2
,
and
16
shall
not
be
18
construed
to
require
the
separate
licensing
of
persons
19
employed
as
salespersons
of
motor
vehicles
by
a
retail
20
motor
vehicle
dealer.
However,
the
department
may
21
promulgate
reasonable
rules
as
necessary
for
the
proper
22
identification
of
persons
employed
as
salespersons.
23
Sec.
___.
Section
322.3,
subsection
12,
Code
2016,
24
is
amended
to
read
as
follows:
25
12.
A
person
who
has
been
convicted
of
a
fraudulent
26
practice,
has
been
convicted
of
three
or
more
27
violations
of
section
321.92,
subsection
2
,
or
section
28
321.99
,
has
been
convicted
of
three
or
more
violations
29
of
subsection
16
of
this
section
in
the
previous
30
three-year
period,
or
has
been
convicted
of
any
other
31
indictable
offense
in
connection
with
selling
or
other
32
activity
relating
to
motor
vehicles,
in
this
state
or
33
any
other
state,
shall
not
for
a
period
of
five
years
34
from
the
date
of
conviction
be
an
owner,
salesperson,
35
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#1.
employee,
officer
of
a
corporation,
or
representative
1
of
a
licensed
motor
vehicle
dealer
or
represent
2
themselves
as
an
owner,
salesperson,
employee,
officer
3
of
a
corporation,
or
representative
of
a
licensed
motor
4
vehicle
dealer.
5
Sec.
___.
Section
322.3,
Code
2016,
is
amended
by
6
adding
the
following
new
subsection:
7
NEW
SUBSECTION
.
16.
A
motor
vehicle
dealer
or
8
wholesaler
licensed
under
this
chapter
shall
not
sell,
9
loan,
rent,
lease,
or
charge
a
fee
for
the
use
of
the
10
license
to
another
person
for
the
purpose
of
allowing
11
the
person
to
engage
in
the
business
of
selling
motor
12
vehicles.
>
13
2.
Page
3,
lines
5
and
6,
by
striking
<
included
in
14
any
retail
installment
contract
>
and
inserting
<
clearly
15
and
conspicuously
disclosed
in
any
motor
vehicle
16
purchase
agreement
>
17
3.
Title
page,
line
1,
after
<
dealers
>
by
inserting
18
<
and
wholesalers
>
19
4.
Title
page,
line
4,
after
<
title,
>
by
inserting
20
<
the
use
of
licenses
and
advertisements,
>
21
5.
Title
page,
line
5,
by
striking
<
a
penalty
>
and
22
inserting
<
penalties
>
23
6.
By
renumbering
as
necessary.
24
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#2.
#3.
#4.
#5.