House File 2249

                                       HOUSE FILE       
                                       BY  SCHICKEL


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act establishing motor vehicle registration fees for certain
  2    motor trucks and farm pickup trucks and making an
  3    appropriation.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5473HH 80
  6 dea/pj/5

PAG LIN

  1  1    Section 1.  Section 321.1, Code Supplement 2003, is amended
  1  2 by adding the following new subsection:
  1  3    NEW SUBSECTION.  23A.  "Farm pickup truck" means a motor
  1  4 truck with an unladen weight of seven thousand pounds or less
  1  5 owned by a person engaged in farming and used for purposes of
  1  6 the owner's farming operations or to assist with another
  1  7 person's farming operations.
  1  8    Sec. 2.  Section 321.109, subsection 1, unnumbered
  1  9 paragraph 1, Code 2003, is amended to read as follows:
  1 10    The annual fee for all motor vehicles including vehicles
  1 11 designated by manufacturers as station wagons, and 1993 and
  1 12 subsequent model years for multipurpose vehicles, and 2005 and
  1 13 subsequent model year motor trucks with an unladen weight of
  1 14 seven thousand pounds or less, except motor trucks registered
  1 15 pursuant to sections 321.120 through 321.122, motor homes,
  1 16 ambulances, hearses, motorcycles, motor bicycles, and 1992 and
  1 17 older model years for multipurpose vehicles, shall be equal to
  1 18 one percent of the value as fixed by the department plus forty
  1 19 cents for each one hundred pounds or fraction thereof of
  1 20 weight of vehicle, as fixed by the department.  The weight of
  1 21 a motor vehicle, fixed by the department for registration
  1 22 purposes, shall include the weight of a battery, heater,
  1 23 bumpers, spare tire, and wheel.  Provided, however, that for
  1 24 any new vehicle purchased in this state by a nonresident for
  1 25 removal to the nonresident's state of residence the purchaser
  1 26 may make application to the county treasurer in the county of
  1 27 purchase for a transit plate for which a fee of ten dollars
  1 28 shall be paid.  And provided, however, that for any used
  1 29 vehicle held by a registered dealer and not currently
  1 30 registered in this state, or for any vehicle held by an
  1 31 individual and currently registered in this state, when
  1 32 purchased in this state by a nonresident for removal to the
  1 33 nonresident's state of residence, the purchaser may make
  1 34 application to the county treasurer in the county of purchase
  1 35 for a transit plate for which a fee of three dollars shall be
  2  1 paid.  The county treasurer shall issue a nontransferable
  2  2 certificate of registration for which no refund shall be
  2  3 allowed; and the transit plates shall be void thirty days
  2  4 after issuance.  Such purchaser may apply for a certificate of
  2  5 title by surrendering the manufacturer's or importer's
  2  6 certificate or certificate of title, duly assigned as provided
  2  7 in this chapter.  In this event, the treasurer in the county
  2  8 of purchase shall, when satisfied with the genuineness and
  2  9 regularity of the application, and upon payment of a fee of
  2 10 ten dollars, issue a certificate of title in the name and
  2 11 address of the nonresident purchaser delivering the same to
  2 12 the person entitled to the title as provided in this chapter.
  2 13 The provisions of this subsection relating to multipurpose
  2 14 vehicles are effective January 1, 1993, for all 1993 and
  2 15 subsequent model years.  The annual registration fee for
  2 16 multipurpose vehicles that are 1992 model years and older
  2 17 shall be in accordance with section 321.124.
  2 18    Sec. 3.  NEW SECTION.  321.120  FARM PICKUP TRUCKS.
  2 19    1.  The annual registration fee for a farm pickup truck
  2 20 shall be computed pursuant to section 321.122, subsection 1,
  2 21 paragraph "a" or "b".
  2 22    2.  Upon application for a new registration or a renewal,
  2 23 an owner who registers a vehicle as a farm pickup truck may be
  2 24 required to show a copy of a schedule F form filed by the
  2 25 owner in the previous year for federal income tax purposes or
  2 26 other proof that the owner is engaged in farming pursuant to
  2 27 rules adopted by the department.  If the department determines
  2 28 by audit or other means that a person who has registered a
  2 29 vehicle as a farm pickup truck does not qualify for the
  2 30 registration, the person may be required to pay regular
  2 31 registration fees pursuant to section 321.109 in addition to
  2 32 any other penalty or sanction imposed by law.
  2 33    Sec. 4.  Section 321.122, subsection 1, unnumbered
  2 34 paragraph 1, Code 2003, is amended to read as follows:
  2 35    The annual registration fee for truck tractors, road
  3  1 tractors, and motor trucks, except 2005 model year or newer
  3  2 motor trucks other than farm pickup trucks with an unladen
  3  3 weight of seven thousand pounds or less and motor trucks
  3  4 registered as special trucks, shall be based on the combined
  3  5 gross weight of the vehicle or combination of vehicles.  All
  3  6 trucks, truck tractors, or road tractors registered under this
  3  7 section shall be registered for a gross weight equal to or in
  3  8 excess of the unladen weight of the vehicle or combination of
  3  9 vehicles.  The annual registration fee fees for such vehicles
  3 10 or combination of vehicles, except special trucks, shall be
  3 11 are as follows:
  3 12    Sec. 5.  NEW SECTION.  321.122A  APPROPRIATION == SCHOOL
  3 13 TRANSPORTATION SYSTEM.
  3 14    Beginning in January 2005, the department shall calculate
  3 15 monthly, from the total fees received from the registration of
  3 16 motor trucks under section 321.109, the amount that is in
  3 17 excess of the amount that would have been received for
  3 18 registration of those same motor trucks under section 321.122,
  3 19 Code 2003.  Notwithstanding section 423.43, and prior to the
  3 20 crediting of revenues to the road use tax fund under section
  3 21 423.43, subsection 1, paragraph "b", the treasurer of state
  3 22 shall transfer monthly from those revenues to the general fund
  3 23 of the state, and there is appropriated to the department of
  3 24 education for support of the school transportation system, the
  3 25 amount of excess registration fees calculated under this
  3 26 section and collected in the previous month.  Notwithstanding
  3 27 section 8.33, moneys transferred under this subsection shall
  3 28 not revert to the general fund of the state.
  3 29                           EXPLANATION
  3 30    This bill changes the motor vehicle registration fees for
  3 31 model year 2005 and newer motor trucks with an unladen weight
  3 32 of 7,000 pounds or less, except farm pickup trucks, from fixed
  3 33 rate fees to fees based on vehicle weight and value.  A truck
  3 34 currently subject to a flat fee based on combined gross weight
  3 35 will continue to be registered for the flat fee.
  4  1    The bill defines "farm pickup truck" and provides that both
  4  2 current owners and new owners of farm pickup trucks will
  4  3 continue to pay the flat fee.  An applicant for registration
  4  4 of a farm pickup truck may be asked to provide proof that the
  4  5 applicant is engaged in farming to qualify for the farm pickup
  4  6 truck registration rate.  A copy of a schedule F form filed by
  4  7 the applicant for federal income tax purposes is satisfactory
  4  8 evidence that a person is engaged in farming.  If an owner who
  4  9 has registered a vehicle as a farm pickup truck is found to be
  4 10 unqualified for the farm pickup truck registration rate, the
  4 11 owner may be required to pay regular registration fees in
  4 12 addition to any other penalties allowed by law.
  4 13    The bill directs the state department of transportation to
  4 14 calculate monthly the excess revenues derived from registering
  4 15 motor trucks with an unladen weight of 7,000 pounds or less
  4 16 under the weight and value fee system rather than the current
  4 17 flat fee system.  An amount equal to those excess revenues is
  4 18 appropriated to the department of education for support of the
  4 19 school transportation system from motor vehicle use taxes.
  4 20 LSB 5473HH 80
  4 21 dea/pj/5