Senate Study Bill 1130 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON KAPUCIAN) A BILL FOR An Act relating to record retention by licensed motor vehicle 1 recyclers, and making a penalty applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2240XC (3) 87 ns/nh
S.F. _____ Section 1. Section 321H.4A, Code 2017, is amended to read 1 as follows: 2 321H.4A National motor vehicle title information system —— 3 record retention . 4 1. A vehicle recycler licensed under this chapter and 5 subject to the requirements of 28 C.F.R. §25.56 shall register 6 with the national motor vehicle title information system. 7 2. a. Except as provided in paragraph “b” , for any vehicle 8 subject to registration under chapter 321 purchased by a 9 vehicle recycler licensed under this chapter and subject to the 10 requirements of 28 C.F.R. §25.56 , the vehicle recycler shall 11 comply with the reporting requirements of 28 C.F.R. §25.56 12 within two business days of purchasing the vehicle. Records of 13 the vehicle recycler’s compliance shall be kept by the vehicle 14 recycler for at least three years after the purchase of the 15 vehicle, and shall be open for inspection by any peace officer 16 during normal business hours. The department shall adopt rules 17 to implement this section , including but not limited to rules 18 requiring the submission and retention of records not required 19 by 28 C.F.R. §25.56 . 20 b. Paragraph “a” does not apply to a vehicle that has 21 been crushed or flattened by mechanical means in such a way 22 that it no longer resembles the vehicle described by the 23 certificate of title if the vehicle recycler who purchased the 24 vehicle verifies that the seller of the vehicle has met the 25 requirements of paragraph “a” . The department shall adopt rules 26 relating to the form of the verification, and the manner in 27 which the verification shall be retained. 28 3. A vehicle recycler licensed under this chapter that sells 29 a motor vehicle with a salvage certificate of title or junking 30 certificate shall retain for three years after the sale of the 31 vehicle an electronic record of all of the following: 32 a. The vehicle’s make, model, model year, vehicle 33 identification number, and, if available, current odometer 34 reading. 35 -1- LSB 2240XC (3) 87 ns/nh 1/ 2
S.F. _____ b. The name and address of the purchaser. 1 c. The purchaser’s unique number issued to the purchaser 2 through the national motor vehicle title information system, 3 or if the purchaser has not been issued such a number, the 4 purchaser’s driver’s license or nonoperator’s identification 5 card number. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill requires a licensed vehicle recycler that sells 10 a vehicle with a salvage certificate of title or junking 11 certificate to retain for three years after the sale of 12 the vehicle an electronic record of the vehicle’s make, 13 model, model year, vehicle identification number, and, if 14 available, current odometer reading; the name and address of 15 the purchaser; and the purchaser’s unique number issued to the 16 purchaser through the national motor vehicle title information 17 system, or if the purchaser has not been issued such a 18 number, the purchaser’s driver’s license or nonoperator’s 19 identification card number. By operation of law, a violation 20 of these provisions is a simple misdemeanor punishable by 21 a fine of not less than $250 nor more than $1,500 or by 22 imprisonment not to exceed 30 days. 23 -2- LSB 2240XC (3) 87 ns/nh 2/ 2