Senate
File
504
S-3128
Amend
Senate
File
504
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
Section
321.50,
subsection
5,
paragraph
a,
Code
4
2023,
is
amended
to
read
as
follows:
5
a.
When
Except
as
provided
in
section
321.48,
subsection
6
1,
paragraph
“b”
,
when
a
security
interest
is
discharged,
the
7
holder
shall
note
a
cancellation
of
the
security
interest
8
on
the
face
of
the
certificate
of
title
over
the
holder’s
9
signature
or
may
note
the
cancellation
of
the
security
interest
10
on
a
separate,
notarized
release
form
or
letter.
The
holder
11
shall
deliver
the
certificate
of
title
and
the
form
or
letter,
12
if
applicable,
to
the
county
treasurer
where
the
title
was
13
issued.
In
the
case
of
a
security
interest
that
has
been
14
delivered
by
electronic
means,
the
holder
shall
notify
the
15
department
or
the
county
treasurer,
in
a
manner
prescribed
16
by
the
department,
of
the
release
of
the
security
interest.
17
The
county
treasurer
shall
immediately
note
the
cancellation
18
of
the
security
interest
on
the
face
of
the
certificate
of
19
title,
if
applicable,
and
in
the
county
records
system.
The
20
county
treasurer
shall
on
the
same
day
deliver
the
certificate
21
of
title,
if
applicable,
and
the
separate,
notarized
release
22
form
or
letter,
if
applicable,
to
the
then
first
secured
party
23
or,
if
there
is
no
such
person,
to
the
person
as
directed
by
24
the
owner,
in
writing,
on
a
form
prescribed
by
the
department
25
or,
if
there
is
no
person
designated,
then
to
the
owner.
The
26
cancellation
of
the
security
interest
shall
be
noted
on
the
27
certificate
of
title
by
the
county
treasurer
without
charge.
28
The
holder
of
a
security
interest
discharged
by
payment
who
29
fails
to
release
the
security
interest
within
fifteen
days
30
after
being
requested
in
writing
to
do
so
shall
forfeit
to
the
31
person
making
the
payment
the
sum
of
twenty-five
dollars.
32
Sec.
2.
Section
321.50,
Code
2023,
is
amended
by
adding
the
33
following
new
subsection:
34
NEW
SUBSECTION
.
5A.
Notwithstanding
subsection
5,
when
35
-1-
SF
504.1749
(1)
90
(amending
this
SF
504
to
CONFORM
to
HF
592)
th/ns
1/
3
#1.
an
application
for
registration
and
issuance
of
a
certificate
1
of
title
is
made
by
the
means
described
in
section
321.20,
2
subsection
2,
and
the
application
includes
a
certificate
of
3
title
upon
which
a
security
interest
has
been
discharged
by
the
4
secured
party
and
the
cancellation
of
the
security
interest
is
5
noted
by
the
secured
party
on
the
certificate
of
title
above
6
the
secured
party’s
signature,
the
county
treasurer
shall
7
not
require
any
other
notation
of
the
cancellation
of
the
8
security
interest
on
the
face
of
the
certificate
of
title,
and,
9
if
applicable,
the
county
treasurer
shall
notify
the
county
10
treasurer
of
the
county
where
the
certificate
of
title
was
11
issued
that
the
security
interest
has
been
released
as
of
the
12
specified
date
and
shall
update
such
release
on
the
applicable
13
program
or
computer
system.
A
dealer
licensed
under
chapter
14
322
or
chapter
322C
is
authorized
to
sell
such
a
vehicle
15
pursuant
to
section
321.48,
subsection
1,
paragraph
“b”
.
16
Sec.
3.
Section
322.2,
Code
2023,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
20A.
“Remote
sale”
means
a
sale
of
a
19
motor
vehicle
conducted
via
mail,
either
electronically
or
20
by
courier,
including
any
offering,
bartering,
negotiating,
21
exchanging,
and
other
communication
regarding
the
sale
of
the
22
vehicle.
“Remote
sale”
includes
the
delivery
of
the
vehicle
to
23
the
residence
of
the
buyer
or
another
agreed-to
location,
if
24
requested
by
the
buyer.
25
Sec.
4.
Section
322.3,
subsection
11,
Code
2023,
is
amended
26
to
read
as
follows:
27
11.
A
person
who
is
engaged
in
the
business
of
selling
motor
28
vehicles
at
retail
shall
not
sell,
offer
for
sale,
display,
29
represent,
or
advertise
that
the
person
intends
to
sell
motor
30
vehicles
from
a
location
other
than
the
person’s
place
of
31
business,
except
as
provided
in
subsection
11A
or
section
32
322.5
.
33
Sec.
5.
Section
322.3,
Code
2023,
is
amended
by
adding
the
34
following
new
subsection:
35
-2-
SF
504.1749
(1)
90
(amending
this
SF
504
to
CONFORM
to
HF
592)
th/ns
2/
3
NEW
SUBSECTION
.
11A.
A
retail
seller
licensed
under
this
1
chapter
may
engage
in
remote
sales
of
motor
vehicles
located
2
at
a
place
of
business
of
the
retail
seller,
as
listed
on
the
3
license,
under
all
of
the
following
conditions:
4
a.
The
dealer
shall
possess,
at
the
time
of
the
sale,
the
5
certificate
of
title
to
any
motor
vehicle
offered
for
remote
6
sale.
7
b.
The
dealer
may
transmit
a
proposed
purchase
agreement
8
from
the
dealer
to
the
prospective
buyer
if
such
agreement
is
9
the
result
of
negotiation
between
the
parties.
The
dealer
10
shall
not
negotiate
and
shall
not
deliver
a
proposed
purchase
11
agreement
to
a
buyer
in
person
at
a
location
other
than
the
12
dealer’s
place
of
business.
13
c.
The
dealer
shall
not
sign
a
proposed
purchase
agreement
14
until
the
dealer
receives
an
executed
purchase
agreement
from
15
the
buyer.
A
signed
purchase
agreement
must
be
delivered
to
16
the
dealer’s
place
of
business.
17
d.
The
dealer
shall
not
deliver
a
motor
vehicle
to
a
buyer
18
away
from
the
dealer’s
place
of
business
until
the
buyer’s
19
purchase
of
the
motor
vehicle
is
completed.
20
e.
Remote
sales
are
subject
to
chapter
554D.
>
21
2.
Title
page,
by
striking
lines
1
through
3
and
inserting
22
<
An
Act
relating
to
licensed
vehicle
dealers,
including
23
vehicles
for
resale
subject
to
a
security
interest
and
remote
24
sales
of
motor
vehicles.
>
25
______________________________
MIKE
BOUSSELOT
-3-
SF
504.1749
(1)
90
(amending
this
SF
504
to
CONFORM
to
HF
592)
th/ns
3/
3
#2.