S-5098

   Amend Senate File 2293 as follows:
   1.  Page 1, after line 14 by inserting: 
   <Sec. ___.  Section 321.20, subsections 2 and 4, Code 2018, are amended to read as follows:
   2.  Notwithstanding contrary provisions of this chapter or chapter 326 regarding titling and registration by means other than electronic means, the department shall, by January July 1, 2018 2019, develop and implement a program to allow for electronic applications, titling, registering, and funds transfers for vehicles subject to registration in order to improve the efficiency and timeliness of the processes and to reduce costs for all parties involved. The program shall also provide for the electronic submission of any statement required by this section, except where prohibited by federal law.
   4.  Notwithstanding this section or any other provision of law to the contrary, if the program required by subsection 2 is not implemented by January July 1, 2018 2019, an owner of a vehicle subject to registration may apply to the county treasurer of a county contiguous to the county designated for the owner under subsection 1 for registration and issuance of a certificate of title.>
   2.  By striking page 1, line 29, through page 2, line 10.
   3.  Page 2, line 29, by striking <but not limited to>
   4.  Page 2, line 35, by striking <amounts> and inserting <compensation>
   5.  Page 3, by striking lines 2 through 5 and inserting <services, including for parts, labor, and diagnostics.>
   6.  Page 3, by striking lines 6 through 12 and inserting: 
   <(1)  In determining the schedule of compensation for parts, the franchiser may multiply the price paid by the franchisee for parts, including all shipping costs and other charges, by the sum of one and the franchisee’s average percentage markup. The franchisee’s average percentage markup is calculated by subtracting one from the result of dividing the total amounts charged by the franchisee for parts used in warranty-like repairs by the total cost to the franchisee for the parts in the retail service orders submitted pursuant to subparagraph (3).>
   7.  Page 3, by striking lines 13 through 21 and inserting: 
   <(2)  In determining the schedule of compensation for labor-related warranty services, the franchiser may calculate the franchisee’s retail labor rate by dividing the total amount of retail sales attributable to labor for warranty-like services by the number of hours of labor spent to generate the retail sales in the retail service orders submitted pursuant to subparagraph (3).>
   8.  Page 4, line 3, by striking <amounts> and inserting <markup or rate>
   9.  Page 4, line 15, by striking <reasonable amounts for the> and inserting <a reasonable>
   10.  Page 4, line 27, after <markup> by inserting <or labor rate>
   11.  Page 4, by striking lines 29 through 32 and inserting: 
   <(4)  The compensation to the franchisee for warranty parts and labor shall not be less than the rates charged by the franchisee for like parts and services to retail customers, provided the rates are reasonable.>
   12.  By striking page 4, line 35, through page 5, line 3.
   13.  Page 5, line 4, by striking <c.> and inserting <b.>
   14.  Page 5, line 10, before <form> by inserting <proper>
   15.  Page 5, line 20, before <required> by inserting <reasonably>
   16.  Page 6, line 2, by striking <322.2> and inserting <322.3>
   17.  Title page, by striking lines 1 and 2 and inserting <An Act relating to motor vehicles, including provisions concerning record retention at established places of business of motor vehicle dealers, electronic titling and registration of motor vehicles, and warranties and recalls of motor vehicle franchises.>
   18.  By renumbering as necessary.

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TIM KRAAYENBRINK