Senate Study Bill 1160 SENATE FILE BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON RIELLY) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act establishing prelicensing and continuing education 2 requirements for used motor vehicle dealers. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1879XC 82 5 dea/je/5 PAG LIN 1 1 Section 1. Section 322.4, Code 2007, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 8A. If the applicant is applying for a 1 4 used motor vehicle dealer license, certification that the 1 5 applicant has met the educational requirements for licensure 1 6 under section 322.7A. The certification may be transmitted to 1 7 the department by the education provider in electronic format. 1 8 Sec. 2. Section 322.7, subsection 4, Code 2007, is amended 1 9 to read as follows: 1 10 4. The motor vehicle dealer license provided for in this 1 11 chapter shall be renewed upon application in the form and 1 12 content prescribed by the department and upon payment of the 1 13 required fee. A used motor vehicle dealer license shall not 1 14 be renewed for an applicant who is subject to continuing 1 15 education requirements until the licensee certifies completion 1 16 of the educational requirements for license renewal under 1 17 section 322.7A. The certification may be transmitted to the 1 18 department by the education provider in electronic format. A 1 19 licensee shall have the month of expiration and the month 1 20 after the month of expiration to renew the license. A person 1 21 who fails to renew a license by the end of this time period 1 22 and desires to hold a license shall file a new license 1 23 application and pay the required fee. 1 24 Sec. 3. NEW SECTION. 322.7A USED MOTOR VEHICLE DEALER 1 25 EDUCATION PROGRAM. 1 26 1. An applicant for a license as a used motor vehicle 1 27 dealer shall complete a minimum of eight hours of prelicensing 1 28 education program courses pursuant to this section prior to 1 29 submitting an application to the department. 1 30 2. A person seeking renewal of a used motor vehicle dealer 1 31 license shall complete a minimum of five hours of continuing 1 32 education program courses over a two=year period pursuant to 1 33 this section prior to submitting an application for license 1 34 renewal. However, an applicant for renewal of a used motor 1 35 vehicle dealer license who has met the prelicensing education 2 1 requirement under subsection 1 within the preceding twelve 2 2 months is exempt from the continuing education requirement for 2 3 license renewal. 2 4 3. To meet the requirements of this section, at least one 2 5 individual who is associated with the used motor vehicle 2 6 dealer as an owner, principal, corporate officer, director, or 2 7 member or partner of a limited liability company or limited 2 8 liability partnership shall complete the education program 2 9 courses. 2 10 4. The Iowa independent automobile dealers association, in 2 11 consultation with the state department of transportation, the 2 12 department of education, the attorney general, and the Iowa 2 13 association of community college trustees, shall develop the 2 14 prelicensing and continuing education course curricula for the 2 15 used motor vehicle dealer education program, which shall 2 16 include but not be limited to examination of federal and state 2 17 laws applicable to the motor vehicle industry and federal and 2 18 state regulations pertaining to used motor vehicle dealers. 2 19 The education program courses shall be provided by community 2 20 colleges as defined in section 260C.2 or by the Iowa 2 21 independent automobile dealers association in conjunction with 2 22 a community college. The department of education shall adopt 2 23 rules establishing reasonable fees to be charged for the 2 24 prelicensing education courses and the continuing education 2 25 courses. 2 26 5. The provisions of this section apply to all used motor 2 27 vehicle dealers, including but not limited to individuals, 2 28 corporations, and partnerships, except for the following: 2 29 a. Motor vehicle rental companies having a national 2 30 franchise. 2 31 b. National motor vehicle auction companies. 2 32 c. Wholesale dealer=only auction companies. 2 33 d. Used car dealerships owned by a franchise motor vehicle 2 34 dealer. 2 35 e. Banks, credit unions, and savings and loan 3 1 associations. 3 2 6. Each community college providing used motor vehicle 3 3 dealer education program courses shall transmit a report on 3 4 the program annually by December 31 to the director of 3 5 transportation, the director of the department of education, 3 6 the attorney general, and the president of the Iowa 3 7 association of community college trustees. 3 8 Sec. 4. USED MOTOR VEHICLE DEALER EDUCATION PROGRAM == 3 9 NOTICE. The department of transportation shall provide 3 10 reasonable notice to current used motor vehicle dealer 3 11 licensees of the need to meet continuing education 3 12 requirements as a condition for future license renewal. 3 13 EXPLANATION 3 14 This bill establishes prelicensing education and continuing 3 15 education requirements for used motor vehicle dealers. An 3 16 applicant for licensure as a used motor vehicle dealer is 3 17 required to complete at least eight hours of prelicensing 3 18 education prior to licensure, and an applicant for renewal of 3 19 a license is required to complete at least five hours of 3 20 continuing education over a two=year period as a condition for 3 21 license renewal. The bill specifies those persons associated 3 22 with a dealer in an official capacity who can fulfill the 3 23 education requirements on behalf of the dealer. The education 3 24 requirements do not apply to nationally franchised rental 3 25 companies; national motor vehicle and wholesale dealer=only 3 26 auction companies; used car dealerships owned by a franchise 3 27 motor vehicle dealer; and banks, credit unions, and savings 3 28 and loan associations. 3 29 The bill requires the Iowa independent automobile dealers 3 30 association, in consultation with the department of 3 31 transportation, the department of education, the attorney 3 32 general, and the Iowa association of community college 3 33 trustees, to develop course curricula for the education 3 34 program. The program courses shall be provided by community 3 35 colleges or by the Iowa independent automobile dealers 4 1 association in conjunction with a community college. 4 2 Reasonable fees for the courses shall be established by the 4 3 department of education by rule. Each community college that 4 4 provides the courses is required to transmit an annual report 4 5 to the director of transportation, the director of the 4 6 department of education, the attorney general, and the 4 7 president of the Iowa association of community college 4 8 trustees. 4 9 The department of transportation is directed to provide 4 10 timely notice of the new requirements to current licensees. 4 11 LSB 1879XC 82 4 12 dea:nh/je/5