House File 35 - Introduced



                                       HOUSE FILE       
                                       BY  SHOULTZ


    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 appropriations.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1426YH 81
  5 dea/gg/14

PAG LIN



  1  1    Section 1.  Section 321.1, Code 2005, is amended by adding
  1  2 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 2005, 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 2006 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 section 321.120, 321.121, or 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 application requirements of section 321.20 apply to a
  2 14 title issued as provided in this subsection, except that a
  2 15 natural person who applies for a certificate of title shall
  2 16 provide either the person's social security number, passport
  2 17 number, or driver's license number, whether the license was
  2 18 issued by this state, another state, or another country.  The
  2 19 provisions of this subsection relating to multipurpose
  2 20 vehicles are effective January 1, 1993, for all 1993 and
  2 21 subsequent model years.  The annual registration fee for
  2 22 multipurpose vehicles that are 1992 model years and older
  2 23 shall be in accordance with section 321.124.
  2 24    Sec. 3.  NEW SECTION.  321.120  FARM PICKUP TRUCKS.
  2 25    1.  The annual registration fee for a farm pickup truck
  2 26 shall be computed pursuant to section 321.122, subsection 1,
  2 27 paragraph "a" or "b".
  2 28    2.  Upon application for a new registration or a renewal,
  2 29 an owner who registers a vehicle as a farm pickup truck may be
  2 30 required to show a copy of a schedule F form filed by the
  2 31 owner in the previous year for federal income tax purposes or
  2 32 other proof that the owner is engaged in farming pursuant to
  2 33 rules adopted by the department.  If the department determines
  2 34 by audit or other means that a person who has registered a
  2 35 vehicle as a farm pickup truck does not qualify for the
  3  1 registration, the person may be required to pay regular
  3  2 registration fees pursuant to section 321.109 in addition to
  3  3 any other penalty or sanction imposed by law.
  3  4    Sec. 4.  Section 321.122, subsection 1, unnumbered
  3  5 paragraph 1, Code 2005, is amended to read as follows:
  3  6    The annual registration fee for truck tractors, road
  3  7 tractors, and motor trucks, except 2006 model year or newer
  3  8 motor trucks other than farm pickup trucks with an unladen
  3  9 weight of seven thousand pounds or less and motor trucks
  3 10 registered as special trucks, shall be based on the combined
  3 11 gross weight of the vehicle or combination of vehicles.  All
  3 12 trucks, truck tractors, or road tractors registered under this
  3 13 section shall be registered for a gross weight equal to or in
  3 14 excess of the unladen weight of the vehicle or combination of
  3 15 vehicles.  The annual registration fee fees for such vehicles
  3 16 or combination of vehicles, except special trucks, shall be
  3 17 are as follows:
  3 18    Sec. 5.  NEW SECTION.  321.122A  APPROPRIATION == SCHOOL
  3 19 AND SENIORS TRANSPORTATION.
  3 20    Beginning in January 2006, the department shall calculate
  3 21 monthly, from the total fees received from the registration of
  3 22 motor trucks under section 321.109, the amount that is in
  3 23 excess of the amount that would have been received for
  3 24 registration of those same motor trucks under section 321.122,
  3 25 Code 2005.  Notwithstanding section 423.43, and prior to the
  3 26 crediting of revenues to the road use tax fund under section
  3 27 423.43, subsection 1, paragraph "b", the treasurer of state
  3 28 shall transfer monthly from those revenues to the general fund
  3 29 of the state the amount of excess registration fees calculated
  3 30 under this section and collected in the previous month.  One=
  3 31 half of the moneys so transferred is appropriated to the
  3 32 department of education for support of the school
  3 33 transportation system.  The remaining moneys are appropriated
  3 34 to the department of elder affairs, to be disbursed at the
  3 35 county level, through the area agencies on aging, to support
  4  1 local transportation services for seniors.  Notwithstanding
  4  2 section 8.33, moneys transferred and appropriated under this
  4  3 section shall not revert to the general fund of the state.
  4  4                           EXPLANATION
  4  5    This bill changes the motor vehicle registration fees for
  4  6 model year 2006 and newer motor trucks with an unladen weight
  4  7 of 7,000 pounds or less, except farm pickup trucks, from fixed
  4  8 rate fees to fees based on vehicle weight and value.  A truck
  4  9 currently subject to a flat fee based on combined gross weight
  4 10 will continue to be registered for the flat fee.
  4 11    The bill defines "farm pickup truck" and provides that both
  4 12 current owners and new owners of farm pickup trucks will
  4 13 continue to pay the flat fee.  An applicant for registration
  4 14 of a farm pickup truck may be asked to provide proof that the
  4 15 applicant is engaged in farming to qualify for the farm pickup
  4 16 truck registration rate.  A copy of a schedule F form filed by
  4 17 the applicant for federal income tax purposes is satisfactory
  4 18 evidence that a person is engaged in farming.  If an owner who
  4 19 has registered a vehicle as a farm pickup truck is found to be
  4 20 unqualified for the farm pickup truck registration rate, the
  4 21 owner may be required to pay regular registration fees in
  4 22 addition to any other penalties allowed by law.
  4 23    The bill directs the state department of transportation to
  4 24 calculate monthly the excess revenues derived from registering
  4 25 motor trucks with an unladen weight of 7,000 pounds or less
  4 26 under the weight and value fee system rather than the current
  4 27 flat fee system.  An amount equal to one=half of those excess
  4 28 revenues is appropriated to the department of education, from
  4 29 motor vehicle use tax revenues, for support of the school
  4 30 transportation system.  The remaining revenues are
  4 31 appropriated to the department of elder affairs, to be
  4 32 distributed to counties through the area agencies on aging for
  4 33 support of local transportation services for seniors.
  4 34 LSB 1426YH 81
  4 35 dea/gg/14