House
Study
Bill
654
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
TJEPKES)
A
BILL
FOR
An
Act
relating
to
motorcycle
dealer
activities
at
motorcycle
1
rallies
and
to
the
definition
of
travel
trailer
for
purposes
2
of
travel
trailer
dealer
requirements.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
Section
322.2,
Code
2011,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
11A.
“Motorcycle”
means
as
defined
in
3
section
321.1.
“Motorcycle”
does
not
include
an
all-terrain
4
vehicle
as
defined
in
section
321.1.
5
Sec.
2.
Section
322.4,
subsection
1,
paragraph
g,
Code
2011,
6
is
amended
to
read
as
follows:
7
g.
Before
the
issuance
of
a
motor
vehicle
dealer’s
license
8
to
a
dealer
engaged
in
the
sale
of
vehicles
for
which
a
9
certificate
of
title
is
required
under
chapter
321
,
or
the
10
issuance
of
a
temporary
permit
under
section
322.5,
subsection
11
6,
paragraph
“b”
,
the
applicant
shall
furnish
a
surety
bond
12
executed
by
the
applicant
as
principal
and
executed
by
a
13
corporate
surety
company,
licensed
and
qualified
to
do
business
14
within
this
state,
which
bond
shall
run
to
the
state
of
Iowa,
15
be
in
the
amount
of
fifty
thousand
dollars
and
be
conditioned
16
upon
the
faithful
compliance
by
the
applicant
as
a
dealer
with
17
all
of
the
statutes
of
this
state
regulating
or
applicable
to
18
the
business
of
a
dealer
in
motor
vehicles,
and
indemnifying
19
any
person
who
buys
a
motor
vehicle
from
the
dealer
from
any
20
loss
or
damage
occasioned
by
the
failure
of
the
dealer
to
21
comply
with
any
of
the
provisions
of
chapter
321
and
this
22
chapter
,
including
but
not
limited
to
the
furnishing
of
a
23
proper
and
valid
certificate
of
title
to
the
motor
vehicle
24
involved
in
a
transaction.
The
bond
shall
also
indemnify
any
25
motor
vehicle
purchaser
from
any
loss
or
damage
caused
by
the
26
failure
of
the
dealer
to
comply
with
the
odometer
requirements
27
in
section
321.71
,
regardless
of
whether
the
motor
vehicle
was
28
purchased
directly
from
the
dealer.
The
bond
shall
be
filed
29
with
the
department
prior
to
the
issuance
of
a
license
or
30
permit
.
The
aggregate
liability
of
the
surety,
however,
shall
31
not
exceed
the
amount
of
the
bond.
32
Sec.
3.
Section
322.5,
Code
2011,
is
amended
by
adding
the
33
following
new
subsection:
34
NEW
SUBSECTION
.
6.
a.
Upon
application
for
and
receipt
35
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of
a
temporary
permit
issued
by
the
department
under
this
1
subsection,
a
motor
vehicle
dealer
authorized
to
sell
used
2
motorcycles
may
display,
offer
for
sale,
and
negotiate
sales
of
3
used
motorcycles
at
a
motorcycle
rally
located
in
this
state
4
that
meets
all
of
the
following
conditions:
5
(1)
The
sponsor
of
the
rally
conducts
not
more
than
one
6
rally
annually
in
this
state.
7
(2)
The
rally
is
conducted
for
a
single
period
of
not
less
8
than
three
and
not
more
than
seven
consecutive
days.
9
(3)
Attendance
at
the
rally
is
restricted
to
persons
who
10
have
paid
a
nonrefundable
admission
fee
to
the
sponsor
of
the
11
rally.
12
b.
A
person
licensed
as
a
motor
vehicle
dealer
in
another
13
state
may
apply
for
and
be
issued
a
temporary
permit
under
this
14
subsection
if
the
person
meets
all
of
the
following
conditions:
15
(1)
The
person
presents
the
department
with
a
current
motor
16
vehicle
dealer
license
valid
for
the
sale
of
used
motorcycles
17
at
retail
in
the
person’s
state
of
residence.
18
(2)
The
state
in
which
the
person
is
licensed
as
a
motor
19
vehicle
dealer
allows
a
motor
vehicle
dealer
licensed
in
Iowa
20
to
be
issued
a
permit
substantially
similar
to
the
temporary
21
permit
authorized
under
this
section.
22
(3)
The
person
furnishes
to
the
department
a
surety
bond
23
that
meets
the
requirements
of
section
322.4,
subsection
1,
24
paragraph
“g”
.
25
(4)
The
person
presents
any
additional
information
the
26
department
may
require.
27
c.
Application
for
a
temporary
permit
under
this
subsection
28
shall
be
made
on
forms
provided
by
the
department
accompanied
29
by
a
fee
established
by
the
department
by
rule.
30
d.
A
sale
of
a
motorcycle
at
a
motorcycle
rally
shall
not
be
31
completed
and
an
agreement
for
the
sale
of
a
motorcycle
shall
32
not
be
signed
at
a
motorcycle
rally.
All
such
sales
shall
be
33
consummated
at
the
motor
vehicle
dealer’s
principal
place
of
34
business.
35
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e.
The
department
may
issue
a
temporary
permit
under
this
1
subsection
for
a
period
not
to
exceed
seven
consecutive
days.
2
A
motor
vehicle
dealer
may
not
receive
more
than
one
temporary
3
permit
issued
under
this
subsection
in
a
calendar
year.
4
Sec.
4.
Section
322C.2,
subsection
10,
Code
2011,
is
amended
5
to
read
as
follows:
6
10.
“Travel
trailer”
means
a
vehicle
without
motive
power
7
used
or
so
manufactured
or
constructed
as
to
permit
its
being
8
used
as
a
conveyance
upon
the
public
streets
and
highways
and
9
designed
to
permit
the
vehicle
to
be
used
as
a
place
of
human
10
habitation
by
one
or
more
persons.
The
vehicle
may
be
up
to
11
eight
feet
six
inches
in
width
and
its
overall
length
shall
not
12
exceed
forty
feet.
“Travel
trailer”
does
not
include
a
vehicle
13
that
is
so
designed
as
to
permit
it
to
be
towed
exclusively
by
14
a
motorcycle.
15
EXPLANATION
16
This
bill
provides
for
the
display
of
used
motorcycles
17
offered
for
sale
at
motorcycle
rallies,
provided
the
sponsor
of
18
the
rally
holds
no
more
than
one
rally
per
year
in
this
state,
19
the
rally
is
conducted
for
not
less
than
three
and
not
more
20
than
seven
days,
and
attendance
at
the
rally
is
restricted
to
21
persons
paying
a
nonrefundable
admission
fee.
22
Under
the
bill,
a
person
licensed
as
a
motor
vehicle
dealer
23
and
authorized
to
sell
used
motorcycles
may
apply
to
the
24
department
of
transportation
for
a
temporary
permit
to
display,
25
offer
for
sale,
and
negotiate
sales
of
used
motorcycles
at
a
26
rally.
The
fee
for
the
permit
is
to
be
established
by
the
27
department
by
rule.
A
temporary
permit
may
be
issued
for
a
28
period
of
not
more
than
seven
days,
and
a
motor
vehicle
dealer
29
may
not
be
issued
more
than
one
such
permit
in
a
calendar
year.
30
A
person
licensed
as
a
motor
vehicle
dealer
in
another
31
state
may
be
issued
a
temporary
permit
to
display,
offer
for
32
sale,
and
negotiate
sales
of
used
motorcycles
at
a
rally
in
33
this
state
if
the
dealer
presents
to
the
department
a
current
34
license
valid
for
the
sale
of
used
motorcycles
at
retail
in
35
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_____
the
person’s
state
of
residence,
provided
that
the
dealer’s
1
home
state
extends
similar
privileges
to
a
dealer
licensed
in
2
this
state.
A
dealer
from
another
state
must
furnish
a
surety
3
bond
that
meets
current
requirements
for
motor
vehicle
dealer
4
licensing.
5
A
temporary
permit
issued
under
the
bill
does
not
allow
6
a
dealer
to
complete
the
sale
of
a
used
motorcycle
at
a
7
motorcycle
rally.
The
bill
specifies
that
the
sale
shall
not
8
be
completed
and
a
sales
agreement
shall
not
be
signed
at
the
9
rally.
The
sale
must
be
consummated
at
the
motor
vehicle
10
dealer’s
principal
place
of
business.
11
The
bill
amends
the
definition
of
“travel
trailer”
for
12
purposes
of
Code
chapter
322C
to
exclude
vehicles
designed
to
13
be
towed
exclusively
by
a
motorcycle.
As
a
result,
sales
of
14
motorcycle
trailers
are
exempt
from
the
travel
trailer
dealer
15
licensing
requirements
and
from
a
specific
provision
in
Code
16
section
322C.12
relating
to
finance
charges
under
a
travel
17
trailer
retail
installment
contract.
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