House
File
2485
-
Enrolled
House
File
2485
AN
ACT
RELATING
TO
MOTOR
VEHICLE
DEALERS,
INCLUDING
RIGHTS
TO
CERTAIN
VEHICLES,
RECORDS
STORAGE
REQUIREMENTS,
AND
REMOTE
SALES
OF
MOTOR
VEHICLES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
321.45,
subsection
2,
Code
2026,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
c.
For
purposes
of
this
subsection,
a
motor
vehicle
dealer
licensed
under
chapter
322
shall
be
deemed
to
have
acquired
and
to
possess
the
right,
title,
claim,
and
interest
in
a
vehicle
if
the
vehicle’s
certificate
of
title
is
issued
or
properly
assigned
to
an
entity
with
direct
ownership
or
control
over
the
dealer.
Sec.
2.
Section
321.63,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3.
A
dealer
shall
do
all
of
the
following:
a.
Store
all
records
at
a
place
of
business
of
the
dealer
or
at
a
place
of
business
within
the
United
States
of
an
entity
that
has
direct
ownership
or
control
over
the
dealer.
b.
Provide
electronic
records
to
the
department
within
twenty-four
hours
after
receiving
a
request.
c.
Provide
physical
records
to
the
department
within
a
reasonable
time
considering
postal
delivery.
Sec.
3.
Section
322.3,
subsection
12,
paragraphs
a
and
c,
Code
2026,
are
amended
to
read
as
follows:
House
File
2485,
p.
2
a.
The
dealer
or
an
entity
with
direct
ownership
or
control
over
the
dealer
shall
possess,
at
the
time
of
the
sale,
the
certificate
of
title
to
any
motor
vehicle
offered
for
remote
sale
by
the
dealer
.
The
certificate
of
title
may
be
in
an
electronic
format
that
is
created,
stored,
or
transferred
only
through
a
secure
electronic
system
approved
by
the
department
and
shall
not
be
in
a
portable
document
format,
a
scanned
copy,
evidenced
by
an
electronic
mail
message,
or
in
another
format
created
by
the
dealer.
c.
The
dealer
shall
not
sign
a
proposed
purchase
agreement
until
the
dealer
receives
an
executed
purchase
agreement
from
the
buyer.
A
signed
purchase
agreement
must
be
delivered
to
the
dealer’s
place
of
business
,
as
listed
on
the
dealer’s
license
.
Sec.
4.
Section
322.3,
subsection
12,
Code
2026,
is
amended
by
adding
the
following
new
paragraphs:
NEW
PARAGRAPH
.
f.
The
dealer
shall
disclose
to
a
buyer
all
of
the
following
regarding
the
vehicle
offered
for
sale:
(1)
That
the
vehicle
is
not
located
in
this
state,
if
applicable.
(2)
That
the
certificate
of
title
is
in
an
electronic
format,
if
applicable.
(3)
The
estimated
delivery
date
of
the
vehicle.
NEW
PARAGRAPH
.
g.
If
requested,
the
dealer
shall
produce
proof,
including
in
an
electronic
format,
to
the
department
that
the
dealer
has
the
certificate
of
title
for
a
vehicle
offered
for
sale.
The
dealer
shall
also
retain
records
showing
where
a
vehicle
is
stored,
the
status
of
the
vehicle’s
title,
and
documents
relating
to
the
remote
sale
of
a
vehicle.
The
dealer
shall
store
and
provide
records
in
accordance
with
section
321.63,
subsection
3.
NEW
PARAGRAPH
.
h.
Pursuant
to
section
554D.108
and
consistent
with
49
C.F.R.
pt.
580
and
the
federal
Electronic
Signatures
in
Global
and
National
Commerce
Act,
15
U.S.C.
§7001
et
seq.,
an
electronic
signature
captured
and
applied
to
an
image
of
a
physical
certificate
of
title
that
was
originally
printed
by
a
secure
printing
process
as
defined
in
49
C.F.R.
§580.3,
which
complies
with
all
applicable
requirements
under
49
C.F.R.
pt.
580,
shall
be
accepted
for
purposes
of
odometer
disclosure.
A
dealer
using
an
electronic
signature
on
a
House
File
2485,
p.
3
digital
image
of
a
physical
title
shall
mark
the
original
title
as
“void”
or
“surrendered”
and
submit
an
application
for
certificate
of
title
and
registration
electronically
via
an
authorized
service
provider
pursuant
to
section
321.20,
subsection
2.
NEW
PARAGRAPH
.
i.
A
remote
sale
of
a
motor
vehicle
is
not
a
door-to-door
sale
as
defined
in
section
555A.1,
and
is
not
subject
to
chapter
555A.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2485,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor