SSB 1130 (LSB 2240XC (3) 87)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON KAPUCIAN)

A BILL FOR

An Act relating to record retention by licensed motor vehicle recyclers, and making a penalty applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321H.4A, Code 2017, is amended to read as follows:
   321H.4A  National motor vehicle title information system —— record retention.
   1.  A vehicle recycler licensed under this chapter and subject to the requirements of 28 C.F.R. §25.56 shall register with the national motor vehicle title information system.
   2.  a.  Except as provided in paragraph “b”, for any vehicle subject to registration under chapter 321 purchased by a vehicle recycler licensed under this chapter and subject to the requirements of 28 C.F.R. §25.56, the vehicle recycler shall comply with the reporting requirements of 28 C.F.R. §25.56 within two business days of purchasing the vehicle. Records of the vehicle recycler’s compliance shall be kept by the vehicle recycler for at least three years after the purchase of the vehicle, and shall be open for inspection by any peace officer during normal business hours. The department shall adopt rules to implement this section, including but not limited to rules requiring the submission and retention of records not required by 28 C.F.R. §25.56.
   b.  Paragraph “a” does not apply to a vehicle that has been crushed or flattened by mechanical means in such a way that it no longer resembles the vehicle described by the certificate of title if the vehicle recycler who purchased the vehicle verifies that the seller of the vehicle has met the requirements of paragraph “a”. The department shall adopt rules relating to the form of the verification, and the manner in which the verification shall be retained.
   3.  A vehicle recycler licensed under this chapter that sells a motor vehicle with a salvage certificate of title or junking certificate shall retain for three years after the sale of the vehicle an electronic record of all of the following:
   a.  The vehicle’s make, model, model year, vehicle identification number, and, if available, current odometer reading.
   b.  The name and address of the purchaser.
   c.  The purchaser’s unique number issued to the purchaser through the national motor vehicle title information system, or if the purchaser has not been issued such a number, the purchaser’s driver’s license or nonoperator’s identification card number.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires a licensed vehicle recycler that sells a vehicle with a salvage certificate of title or junking certificate to retain for three years after the sale of the vehicle an electronic record of the vehicle’s make, model, model year, vehicle identification number, and, if available, current odometer reading; the name and address of the purchaser; and the purchaser’s unique number issued to the purchaser through the national motor vehicle title information system, or if the purchaser has not been issued such a number, the purchaser’s driver’s license or nonoperator’s identification card number. By operation of law, a violation of these provisions is a simple misdemeanor punishable by a fine of not less than $250 nor more than $1,500 or by imprisonment not to exceed 30 days.