House
File
255
-
Introduced
HOUSE
FILE
255
BY
LYKAM
A
BILL
FOR
An
Act
requiring
a
safety
examination
of
the
repairs
made
to
a
1
salvage
vehicle
prior
to
issuance
of
a
regular
certificate
2
of
title.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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255
Section
1.
Section
321.52,
subsection
4,
paragraphs
b
and
c,
1
Code
2011,
are
amended
to
read
as
follows:
2
b.
When
a
wrecked
or
salvage
vehicle
has
been
repaired,
3
the
owner
may
apply
for
a
regular
certificate
of
title
by
4
paying
the
appropriate
fees
and
surrendering
the
salvage
5
certificate
of
title
and
a
properly
executed
salvage
theft
and
6
repair
examination
certificate.
A
motor
vehicle
with
a
gross
7
vehicle
weight
rating
of
thirty
thousand
pounds
or
more
is
not
8
subject
to
the
salvage
theft
and
repair
examination
otherwise
9
required
under
paragraph
“c”
,
and
the
owner
of
such
vehicle
is
10
not
required
to
submit
a
salvage
theft
and
repair
examination
11
certificate.
The
county
treasurer
shall
issue
a
regular
12
certificate
of
title
which
shall
bear
a
designation
printed
on
13
the
face
of
the
title
and
printed
on
the
registration
receipt
14
indicating
that
the
vehicle
was
previously
titled
on
a
salvage
15
certificate
of
title
in
a
form
approved
by
the
department.
16
This
designation
shall
be
included
on
every
Iowa
certificate
17
of
title
and
registration
receipt
issued
thereafter
for
the
18
vehicle.
However,
if
ownership
of
a
stolen
vehicle
has
been
19
transferred
to
an
insurer
organized
under
the
laws
of
this
20
state
or
admitted
to
do
business
in
this
state,
or
if
the
21
transfer
was
the
result
of
a
settlement
with
the
owner
of
22
the
vehicle
arising
from
damage
to
or
the
unrecovered
theft
23
of
the
vehicle,
and
if
the
insurer
certifies
to
the
county
24
treasurer
on
a
form
approved
by
the
department
that
the
25
insurance
company
has
received
one
or
more
written
estimates
26
which
state
that
the
retail
cost
of
repairs
including
labor,
27
parts,
and
other
materials
of
all
damage
to
the
vehicle
is
less
28
than
three
thousand
dollars,
the
county
treasurer
shall
issue
29
to
the
insurance
company
the
regular
certificate
of
title
and
30
registration
receipt
without
this
designation.
31
c.
A
salvage
theft
and
repair
examination
shall
be
made
32
by
a
peace
officer
who
has
been
specially
certified
and
33
recertified
when
required
by
the
Iowa
law
enforcement
academy
34
to
do
salvage
theft
and
repair
examinations.
The
Iowa
law
35
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enforcement
academy
shall
determine
standards
for
training
and
1
certification,
conduct
training,
and
may
approve
alternative
2
training
programs
which
satisfy
the
academy’s
standards
for
3
training
and
certification.
The
owner
of
the
salvage
vehicle
4
shall
make
the
vehicle
available
for
examination
at
a
time
and
5
location
designated
by
the
peace
officer
doing
the
examination.
6
The
owner
may
obtain
a
permit
to
drive
the
vehicle
to
and
from
7
the
examination
location
by
submitting
a
repair
affidavit
to
8
the
agency
performing
the
examination
stating
that
the
vehicle
9
is
reasonably
safe
for
operation
and
listing
the
repairs
which
10
have
been
made
to
the
vehicle.
The
owner
must
be
present
for
11
the
examination
and
have
available
for
inspection
the
salvage
12
title,
bills
of
sale
for
all
essential
parts
changed,
if
13
applicable,
and
the
repair
affidavit.
The
examination
shall
be
14
for
the
purposes
of
determining
whether
the
vehicle
or
repair
15
components
have
been
stolen
and
determining
that
the
vehicle
16
has
been
repaired
in
a
safe
manner
.
The
examination
is
not
a
17
vehicle
safety
inspection
and
a
signed
salvage
theft
and
repair
18
examination
certificate
shall
not
be
construed
by
any
court
19
of
law
to
be
a
certification
that
the
vehicle
is
safe
to
be
20
operated.
There
shall
be
no
cause
of
action
against
the
peace
21
officer
or
the
agency
conducting
the
examination
or
the
county
22
treasurer
for
failure
to
discover
or
note
safety
defects.
If
23
the
vehicle
passes
the
theft
and
repair
examination,
the
peace
24
officer
shall
indicate
that
the
vehicle
passed
examination
on
25
the
salvage
theft
and
repair
examination
certificate.
The
26
permit
and
salvage
theft
and
repair
examination
certificate
27
shall
be
on
controlled
forms
prescribed
and
furnished
by
the
28
department.
The
owner
shall
pay
a
fee
of
thirty
dollars
29
upon
completion
of
the
examination.
The
agency
performing
30
the
examinations
shall
retain
twenty
dollars
of
the
fee
and
31
shall
pay
five
dollars
of
the
fee
to
the
department
and
five
32
dollars
of
the
fee
to
the
treasurer
of
state
for
deposit
in
the
33
general
fund
of
the
state.
Moneys
deposited
to
the
general
34
fund
under
this
paragraph
are
subject
to
the
requirements
of
35
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255
section
8.60
and
shall
be
used
by
the
Iowa
law
enforcement
1
academy
to
provide
for
the
special
training,
certification,
and
2
recertification
of
officers
as
required
by
this
subsection
.
3
EXPLANATION
4
Under
current
law,
when
a
wrecked
or
salvage
vehicle
has
5
been
repaired,
the
vehicle
must
undergo
a
salvage
theft
6
examination
before
the
salvage
title
can
be
traded
for
a
7
regular
certificate
of
title.
Theft
examinations
are
performed
8
by
specially
trained
and
certified
peace
officers
for
the
9
purpose
of
determining
whether
the
vehicle
or
repair
components
10
have
been
stolen.
When
the
vehicle
is
presented
for
theft
11
examination,
the
owner
must
bring
along
the
salvage
title,
12
bills
of
sale
for
all
essential
parts
changed,
and
a
repair
13
affidavit
stating
that
the
vehicle
is
reasonably
safe
for
14
operation
and
listing
the
repairs
which
have
been
made
to
the
15
vehicle.
16
This
bill
expands
the
scope
of
the
theft
examination
to
17
include
inspection
of
repairs
made
to
the
vehicle
in
order
18
to
determine
that
the
vehicle
has
been
repaired
in
a
safe
19
manner.
The
examination
is
not
a
vehicle
safety
inspection,
20
and
a
salvage
theft
and
repair
examination
certificate
does
not
21
constitute
a
certification
that
the
vehicle
is
safe
to
operate.
22
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