Senate File 469 - Enrolled

PAG LIN



  1  1                                         SENATE FILE 469
  1  2
  1  3                             AN ACT
  1  4 CONCERNING FINANCIAL AND REGULATORY MATTERS, INCLUDING BY
  1  5    PROVIDING FOR THE SALE OF MOTOR HOMES BY A MANUFACTURER
  1  6    AT A CAMPING RALLY SPONSORED AND CONDUCTED BY THE
  1  7    MANUFACTURER AND PROVIDING FOR APPLICABILITY TO A PILOT
  1  8    PROJECT, AND PROVIDING AN EFFECTIVE DATE.
  1  9
  1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 11
  1 12    Section 1.  Section 321.18, Code 2007, is amended by adding
  1 13 the following new subsection:
  1 14    NEW SUBSECTION.  9.  A motor home purchased by a
  1 15 nonresident at a rally in this state pursuant to section
  1 16 322E.2, which is driven on a highway solely for the purpose of
  1 17 removing the motor home from the state.
  1 18    Sec. 2.  NEW SECTION.  322E.1  DEFINITIONS.
  1 19    As used in this chapter, unless the context otherwise
  1 20 requires:
  1 21    1.  "Department" means the state department of
  1 22 transportation.
  1 23    2.  "Class A motor home", "class B motor home", and "class
  1 24 C motor home" mean the same as defined in section 321.124.
  1 25    3.  "Manufacturer" means a motor home manufacturer licensed
  1 26 under chapter 322.
  1 27    4.  "Nonresident" means a person who is not a resident of
  1 28 this state.
  1 29    Sec. 3.  NEW SECTION.  322E.2  MOTOR HOME MANUFACTURER'S
  1 30 CLUB RALLY == RETAIL SALES OF MOTOR HOMES.
  1 31    1.  Notwithstanding chapter 322, a manufacturer of class A
  1 32 motor homes that sponsors a club composed of owners of motor
  1 33 homes manufactured by the manufacturer may display and sell
  1 34 new class A motor homes manufactured by the manufacturer at a
  1 35 rally of those club members if all of the following conditions
  2  1 apply:
  2  2    a.  The rally is sponsored and conducted by the
  2  3 manufacturer.
  2  4    b.  The rally is held on the grounds of a county fair as
  2  5 described in chapter 174.
  2  6    c.  The manufacturer conducts no more than one rally
  2  7 annually in this state.
  2  8    d.  The rally is conducted for a single period of not more
  2  9 than seven consecutive days.
  2 10    e.  The rally is not open to the public.
  2 11    f.  Attendance at the rally is restricted to bona fide
  2 12 members of the club sponsored by the manufacturer and the
  2 13 members' immediate families.
  2 14    g.  Persons who attend the rally camp on the fairgrounds
  2 15 where the rally is held in their respective motor homes
  2 16 manufactured by the manufacturer sponsoring and conducting the
  2 17 rally.
  2 18    h.  Sales of class A motor homes are made by the
  2 19 manufacturer only to nonresident attendees of the rally who
  2 20 meet the requirements of paragraphs "f" and "g".
  2 21    2.  Notwithstanding chapter 322, a manufacturer of class A
  2 22 motor homes that sponsors and conducts a rally as provided in
  2 23 subsection 1 may accept trade=ins of used motor homes
  2 24 manufactured by the manufacturer from attendees of the rally
  2 25 who meet the requirements of subsection 1, paragraphs "f" and
  2 26 "g" who purchase from the manufacturer a new class A motor
  2 27 home manufactured by the manufacturer.  A manufacturer may
  2 28 sell or trade such a used motor home acquired from a purchaser
  2 29 in trade at the rally, provided that the manufacturer has in
  2 30 its possession at the rally the certificate of title to the
  2 31 motor home, assigned to the manufacturer.  A manufacturer
  2 32 shall not sell or trade, at a rally, a used motor home
  2 33 acquired from a purchaser in trade at the rally to any person
  2 34 other than a nonresident attendee who meets all of the
  2 35 requirements of subsection 1, paragraphs "f" and "g".
  3  1    3.  A manufacturer of class A motor homes shall provide
  3  2 notice to the department not less than ninety days prior to
  3  3 the beginning date of a rally to be sponsored and conducted by
  3  4 the manufacturer.  The notice shall be in a form and contain
  3  5 such information as may be required by the department.
  3  6    4.  An Iowa certificate of title and registration shall not
  3  7 be issued for a motor home sold by a manufacturer at a rally
  3  8 pursuant to this section.
  3  9    5.  A motor home sold by a manufacturer at a rally pursuant
  3 10 to this section may be operated or moved on the highways of
  3 11 this state only for the purpose of removing the motor home
  3 12 from the state, as provided in section 321.18, subsection 9.
  3 13    6.  Notwithstanding chapter 322, a manufacturer of class A
  3 14 motor homes that sponsors and conducts a rally as provided in
  3 15 subsection 1 may display but not sell at the rally new class B
  3 16 and class C motor homes manufactured by the manufacturer.
  3 17    Sec. 4.  NEW SECTION.  322E.3  FUTURE REPEAL.
  3 18    This chapter is repealed June 30, 2012.
  3 19    Sec. 5.  The sections of 2007 Iowa Acts, Senate File 403,
  3 20 amending section 260C.14, subsection 6, and section 313.2,
  3 21 unnumbered paragraph 5, if enacted, are repealed.
  3 22    Sec. 6.  TEMPORARY APPLICABILITY == CLAY COUNTY PILOT
  3 23 PROJECT.
  3 24    1.  For the period beginning July 1, 2007, and ending June
  3 25 30, 2012, this Act applies only to motor home manufacturer's
  3 26 club rallies held on the grounds of the county fair in Clay
  3 27 county, provided that not more than one such rally shall be
  3 28 held in Clay county annually during the five=year pilot
  3 29 project.  The Clay county fair board shall report to the
  3 30 senate and house standing committees on transportation on or
  3 31 before December 31 annually during the five=year period
  3 32 regarding any rally held at the fairgrounds during the year or
  3 33 any other information relevant to the pilot project.
  3 34    2.  The Clay county fair board shall inform the department
  3 35 of transportation of any suspected violation of the sales
  4  1 provisions of this Act brought to the attention of the board.
  4  2 Upon receiving information regarding a transaction
  4  3 constituting a possible violation of this Act, the department
  4  4 shall investigate the claim to determine whether evidence
  4  5 exists proving that a violation occurred.  If the department
  4  6 determines from the investigation that a violation occurred,
  4  7 the department shall report the substantiated violation to the
  4  8 Clay county fair board and shall send a copy of the report to
  4  9 the senate and house standing committees on transportation.
  4 10 Upon receiving a report from the department of a substantiated
  4 11 violation of this Act, the Clay county fair board shall not
  4 12 permit any future rally to be conducted on the fairgrounds by
  4 13 a motor home manufacturer.
  4 14    Sec. 7.  EFFECTIVE DATE.  The section of this Act repealing
  4 15 sections of 2007 Iowa Acts, Senate File 403, if enacted, being
  4 16 deemed of immediate importance, takes effect upon enactment.
  4 17
  4 18
  4 19                                                             
  4 20                               JOHN P. KIBBIE
  4 21                               President of the Senate
  4 22
  4 23
  4 24                                                             
  4 25                               PATRICK J. MURPHY
  4 26                               Speaker of the House
  4 27
  4 28    I hereby certify that this bill originated in the Senate and
  4 29 is known as Senate File 469, Eighty=second General Assembly.
  4 30
  4 31
  4 32                                                             
  4 33                               MICHAEL E. MARSHALL
  4 34                               Secretary of the Senate
  4 35 Approved                , 2007
  5  1
  5  2
  5  3                                
  5  4 CHESTER J. CULVER
  5  5 Governor