Senate
File
101
-
Introduced
SENATE
FILE
101
BY
SHIPLEY
A
BILL
FOR
An
Act
establishing
an
annual
vehicle
registration
surcharge
1
and
appropriating
the
resulting
revenue
for
certain
expenses
2
of
the
state
patrol.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2000XS
(2)
89
th/ns
S.F.
101
Section
1.
Section
312.2,
subsection
17,
paragraph
a,
Code
1
2021,
is
amended
to
read
as
follows:
2
a.
The
treasurer
of
state,
before
making
the
allotments
3
provided
for
in
this
section
,
shall
credit
annually
to
the
4
TIME-21
fund
created
in
section
312A.2
,
the
revenue
accruing
to
5
the
road
use
tax
fund
from
annual
motor
vehicle
registration
6
fees
for
passenger
cars,
multipurpose
vehicles,
and
motor
7
trucks
in
excess
of
three
hundred
ninety-two
million
dollars
8
annually.
For
purposes
of
this
paragraph,
“annual
motor
vehicle
9
registration
fees”
does
not
include
the
annual
registration
10
surcharge
imposed
under
section
321.105B.
11
Sec.
2.
Section
312.2,
Code
2021,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
18.
Notwithstanding
section
312.9
or
14
any
other
provision
of
law
to
the
contrary,
the
treasurer
15
of
state,
before
making
the
allotments
provided
for
in
this
16
section,
shall
credit
monthly
to
the
department
of
public
17
safety
the
revenue
accruing
to
the
road
use
tax
fund
from
the
18
collection
of
the
annual
registration
surcharge
pursuant
to
19
section
321.105B.
Moneys
credited
under
this
subsection
are
20
appropriated
to
the
department
of
public
safety
to
be
used
for
21
vehicles,
equipment,
and
training
expenses
of
the
division
of
22
state
patrol
related
to
the
supervision
of
the
highways
of
this
23
state.
24
Sec.
3.
Section
321.1,
subsection
59A,
Code
2021,
is
amended
25
to
read
as
follows:
26
59A.
“Registration
fees”
,
unless
otherwise
specified,
27
means
both
the
annual
vehicle
registration
fee
,
the
annual
28
registration
surcharge,
and
the
fee
for
new
registration,
29
to
the
extent
applicable,
for
purposes
of
administering
the
30
provisions
of
this
chapter
concerning
vehicle
registration
31
fees.
32
Sec.
4.
Section
321.20A,
subsection
2,
Code
2021,
is
amended
33
to
read
as
follows:
34
2.
An
owner
of
more
than
fifty
commercial
vehicles
subject
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101
to
the
apportioned
registration
provisions
of
chapter
326
who
1
is
issued
a
certificate
of
title
under
this
section
shall
not
2
be
subject
to
annual
registration
fees
until
the
commercial
3
vehicle
is
driven
or
moved
upon
the
highways.
The
annual
4
registration
fee
due
shall
be
prorated
for
the
remaining
5
unexpired
months
of
the
registration
year.
Ownership
of
the
6
commercial
vehicle
shall
not
be
transferred
until
annual
7
registration
fees
and
the
annual
registration
surcharge
have
8
been
paid
to
the
department.
9
Sec.
5.
Section
321.23,
subsection
3,
Code
2021,
is
amended
10
to
read
as
follows:
11
3.
In
the
event
an
applicant
for
registration
of
a
foreign
12
vehicle
for
which
a
certificate
of
title
has
been
issued
is
13
able
to
furnish
evidence
of
being
the
registered
owner
of
the
14
vehicle
to
the
county
treasurer
of
the
owner’s
residence,
15
although
unable
to
surrender
such
certificate
of
title,
the
16
county
treasurer
may
issue
a
registration
receipt
and
plates
17
upon
receipt
of
the
required
annual
registration
fee
,
the
18
annual
registration
surcharge,
and
the
fee
for
new
registration
19
but
shall
not
issue
a
certificate
of
title
thereto.
Upon
20
surrender
of
the
certificate
of
title
from
the
foreign
state,
21
the
county
treasurer
shall
issue
a
certificate
of
title
to
the
22
owner,
or
person
entitled
thereto,
of
such
vehicle
as
provided
23
in
this
chapter
.
The
owner
of
a
vehicle
registered
under
this
24
subsection
shall
not
be
required
to
obtain
a
certificate
of
25
title
in
this
state
and
may
transfer
ownership
of
the
vehicle
26
to
a
motor
vehicle
dealer
licensed
under
chapter
322
if,
at
the
27
time
of
the
transfer,
the
certificate
of
title
is
held
by
a
28
secured
party
and
the
dealer
has
forwarded
to
the
secured
party
29
the
sum
necessary
to
discharge
the
security
interest
pursuant
30
to
section
321.48,
subsection
1
.
31
Sec.
6.
Section
321.24,
subsection
10,
Code
2021,
is
amended
32
to
read
as
follows:
33
10.
A
vehicle
shall
be
registered
for
the
registration
34
year.
A
vehicle
registered
for
the
first
time
in
this
state
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101
shall
be
registered
for
the
remaining
unexpired
months
of
the
1
registration
year
and
pay
an
annual
registration
fee
prorated
2
for
the
remaining
unexpired
months
of
the
registration
year
3
plus
the
annual
registration
surcharge
pursuant
to
section
4
321.105B
and
a
fee
for
new
registration
,
if
applicable
,
5
pursuant
to
section
321.105A
.
Except
for
a
vehicle
registered
6
under
chapter
326
,
a
vehicle
registered
for
the
first
time
7
during
the
eleventh
month
of
the
owner’s
registration
year
8
may
be
registered
for
the
remaining
unexpired
months
of
the
9
registration
year
as
provided
in
this
subsection
or
for
the
10
remaining
unexpired
months
of
the
registration
year
and
for
11
the
next
registration
year,
upon
payment
of
the
applicable
12
registration
fees.
13
Sec.
7.
Section
321.30,
subsection
3,
Code
2021,
is
amended
14
to
read
as
follows:
15
3.
The
department
or
the
county
treasurer
shall
refuse
16
registration
of
a
vehicle
if
the
applicant
for
registration
of
17
the
vehicle
has
failed
to
pay
the
required
annual
registration
18
fee
,
the
annual
registration
surcharge,
or
the
fee
for
new
19
registration
of
any
vehicle
owned
or
previously
owned
when
the
20
fee
was
required
to
be
paid
by
the
applicant,
and
for
which
21
vehicle
the
registration
was
suspended
or
revoked
under
section
22
321.101,
subsection
1
,
paragraph
“d”
,
or
section
321.101A
,
23
until
the
fee
is
paid
together
with
any
accrued
penalties.
24
Sec.
8.
Section
321.40,
subsection
1,
Code
2021,
is
amended
25
to
read
as
follows:
26
1.
Application
for
renewal
for
a
vehicle
registered
under
27
this
chapter
shall
be
made
on
or
after
the
first
day
of
the
28
month
prior
to
the
month
of
expiration
of
registration
and
29
up
to
and
including
the
last
day
of
the
month
following
the
30
month
of
expiration
of
registration.
The
registration
shall
31
be
renewed
upon
payment
of
the
appropriate
annual
registration
32
fee
and
the
annual
registration
surcharge
.
Application
for
33
renewal
for
a
vehicle
registered
under
chapter
326
shall
be
34
made
on
or
after
the
first
day
of
the
month
prior
to
the
month
35
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101
of
expiration
of
registration
and
up
to
and
including
the
last
1
day
of
the
month
of
expiration
of
registration.
2
Sec.
9.
Section
321.40,
subsection
6,
paragraph
b,
Code
3
2021,
is
amended
to
read
as
follows:
4
b.
The
county
treasurer
of
the
county
of
the
person’s
5
residence
and
in
which
the
person’s
vehicle
is
registered,
6
in
cooperation
with
the
department
of
revenue,
may
collect
7
delinquent
taxes
including
penalties
and
interest
owed
to
8
the
state
from
a
person
applying
for
renewal
of
a
vehicle
9
registration.
The
applicant
may
remit
full
payment
of
the
10
taxes
including
applicable
penalties
and
interest,
along
with
11
a
processing
fee
of
five
dollars,
to
the
county
treasurer
at
12
the
time
of
registration
renewal.
Upon
full
payment
of
the
13
required
taxes
including
applicable
penalties
and
interest,
14
the
processing
fee,
and
the
vehicle
registration
fee,
and
the
15
annual
registration
surcharge,
the
county
treasurer
shall
issue
16
the
registration
to
the
person.
A
county
treasurer
collecting
17
on
behalf
of
the
department
of
revenue
shall
update
the
vehicle
18
registration
records
through
the
distributed
teleprocessing
19
network
on
a
daily
basis
for
all
persons
who
have
paid
taxes
20
pursuant
to
this
subsection
.
A
county
treasurer
shall
forward
21
all
funds
collected
for
the
department
of
revenue
to
the
22
department
of
revenue.
23
Sec.
10.
Section
321.40,
subsection
7,
paragraph
b,
Code
24
2021,
is
amended
to
read
as
follows:
25
b.
The
county
treasurer
of
the
county
of
an
applicant’s
26
residence
and
in
which
the
applicant’s
vehicle
is
registered,
27
in
cooperation
with
the
department,
may
collect
a
civil
28
penalty
imposed
on
the
applicant
pursuant
to
section
321N.3,
29
subsection
3
,
when
the
applicant
applies
for
renewal
of
a
30
vehicle
registration.
The
applicant
may
remit
full
payment
of
31
the
civil
penalty,
along
with
a
processing
fee
of
five
dollars,
32
to
the
county
treasurer
at
the
time
of
registration
renewal.
33
Upon
full
payment
of
the
civil
penalty,
the
processing
fee,
34
and
the
vehicle
registration
fee,
and
the
annual
registration
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101
surcharge,
the
county
treasurer
shall
issue
the
registration
to
1
the
applicant.
A
county
treasurer
collecting
a
civil
penalty
2
on
behalf
of
the
department
pursuant
to
this
subsection
shall
3
update
the
vehicle
registration
records
through
the
distributed
4
teleprocessing
network
on
a
daily
basis
for
all
applicants
5
who
have
paid
civil
penalties
pursuant
to
this
subsection
.
A
6
county
treasurer
shall
forward
all
funds
collected
on
behalf
of
7
the
department
to
the
department.
8
Sec.
11.
Section
321.46,
subsection
2,
Code
2021,
is
amended
9
to
read
as
follows:
10
2.
Upon
filing
the
application
for
a
new
registration
11
and
a
new
title,
the
applicant
shall
pay
a
title
fee
of
12
twenty
dollars,
an
annual
registration
fee
prorated
for
the
13
remaining
unexpired
months
of
the
registration
year,
an
annual
14
registration
surcharge,
and
a
fee
for
new
registration
if
15
applicable.
A
manufacturer
applying
for
a
certificate
of
16
title
pursuant
to
section
322G.12
shall
pay
a
title
fee
of
17
ten
dollars.
However,
a
title
fee
shall
not
be
charged
to
a
18
manufactured
or
mobile
home
retailer
applying
for
a
certificate
19
of
title
for
a
used
mobile
home
or
manufactured
home,
titled
20
in
Iowa,
as
required
under
section
321.45,
subsection
4
.
21
The
county
treasurer,
if
satisfied
of
the
genuineness
and
22
regularity
of
the
application,
and
in
the
case
of
a
mobile
23
home
or
manufactured
home,
that
taxes
are
not
owing
under
24
chapter
435
,
and
that
applicant
has
complied
with
all
the
25
requirements
of
this
chapter
,
shall
issue
a
new
certificate
26
of
title
and,
except
for
a
mobile
home,
manufactured
home,
27
or
a
vehicle
returned
to
and
accepted
by
a
manufacturer
as
28
described
in
section
322G.12
,
a
registration
card
to
the
29
purchaser
or
transferee,
shall
cancel
the
prior
registration
30
for
the
vehicle,
and
shall
forward
the
necessary
copies
to
the
31
department
on
the
date
of
issuance,
as
prescribed
in
section
32
321.24
.
Mobile
homes
or
manufactured
homes
titled
under
33
chapter
448
that
have
been
subject
under
section
446.18
to
a
34
public
bidder
sale
in
a
county
shall
be
titled
in
the
county’s
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name,
with
no
fee,
and
the
county
treasurer
shall
issue
the
1
title.
2
Sec.
12.
Section
321.70,
Code
2021,
is
amended
to
read
as
3
follows:
4
321.70
Dealer
vehicles.
5
A
dealer
registered
under
this
chapter
shall
not
be
required
6
to
register
any
vehicle
owned
by
the
dealer
which
is
being
held
7
for
sale
or
trade,
provided
the
annual
registration
fee
was
and
8
the
annual
registration
surcharge
were
not
delinquent
at
the
9
time
the
vehicle
was
acquired
by
the
dealer.
When
a
dealer
10
ceases
to
hold
any
vehicle
for
sale
or
trade
or
the
vehicle
11
otherwise
becomes
subject
to
registration
under
this
chapter
12
the
annual
registration
fee
,
the
annual
registration
surcharge,
13
and
delinquent
annual
registration
fee
or
surcharge
,
if
any,
14
shall
be
due
for
the
registration
year.
15
Sec.
13.
Section
321.101,
subsection
1,
paragraph
d,
Code
16
2021,
is
amended
to
read
as
follows:
17
d.
When
the
department
determines
that
the
required
annual
18
registration
fee
or
the
annual
registration
surcharge
has
not
19
been
paid
and
the
fee
or
surcharge
is
not
paid
upon
reasonable
20
notice
and
demand.
21
Sec.
14.
Section
321.101A,
Code
2021,
is
amended
to
read
as
22
follows:
23
321.101A
Revocation
of
registration
by
county
treasurer.
24
The
county
treasurer
may
revoke
the
registration
and
25
registration
plates
of
a
vehicle
if
the
annual
registration
26
fee
,
the
annual
registration
surcharge,
or
the
fee
for
new
27
registration
is
paid
by
check,
electronic
payment,
or
credit
28
card
and
the
check,
electronic
payment,
or
credit
card
is
29
not
honored
by
the
payer’s
financial
institution
or
credit
30
card
company,
upon
reasonable
notice
and
demand.
The
owner
31
of
the
vehicle
or
person
in
possession
of
the
registration
32
and
registration
plates
for
the
vehicle
shall
immediately
33
return
the
revoked
registration
and
registration
plates
to
the
34
appropriate
county
treasurer’s
office.
35
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Sec.
15.
Section
321.105A,
subsection
3,
paragraph
b,
1
subparagraph
(2),
Code
2021,
is
amended
to
read
as
follows:
2
(2)
Annual
registration
fees
and
annual
registration
3
surcharges
.
4
Sec.
16.
NEW
SECTION
.
321.105B
Annual
registration
5
surcharge.
6
1.
In
addition
to
the
annual
registration
fee
required
7
under
section
321.105,
an
annual
registration
surcharge
is
8
imposed
in
the
amount
of
two
dollars
for
each
vehicle
subject
9
to
registration.
The
annual
registration
surcharge
shall
10
be
paid
by
the
owner
of
the
vehicle
to
the
county
treasurer
11
or
the
department
at
the
time
application
is
made
for
a
new
12
registration
and
certificate
of
title
for
a
vehicle
and
each
13
time
application
is
made
for
renewal
of
registration
for
14
a
vehicle.
If
a
vehicle’s
registration
fee
is
payable
in
15
semiannual
installments,
the
annual
registration
surcharge
16
shall
be
paid
with
the
first
installment.
17
2.
The
surcharge
imposed
under
this
section
shall
not
18
be
considered
in
the
calculation
of
the
annual
registration
19
fee
for
a
vehicle,
is
not
subject
to
proration,
and
is
not
20
refundable
except
as
provided
in
section
321.129.
21
3.
This
section
does
not
apply
to
vehicles
that
are
exempt
22
from
annual
registration
fees.
23
Sec.
17.
Section
321.151,
Code
2021,
is
amended
to
read
as
24
follows:
25
321.151
Duty
and
liability
of
treasurer.
26
The
county
treasurer
shall
collect
the
annual
registration
27
fee,
the
annual
registration
surcharge,
the
fee
for
new
28
registration,
and
penalties
on
each
vehicle
registered
by
29
the
county
treasurer
and
shall
be
responsible
on
the
county
30
treasurer’s
bond
for
such
amount.
The
county
treasurer
shall
31
remit
such
amount
to
the
treasurer
of
state
as
provided
in
this
32
chapter
.
Fees
collected
pursuant
to
participation
in
county
33
issuance
of
driver’s
licenses
under
chapter
321M
shall
be
34
governed
by
the
provisions
of
that
chapter.
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Sec.
18.
Section
321.152,
subsection
1,
paragraph
a,
Code
1
2021,
is
amended
to
read
as
follows:
2
a.
Four
percent
of
the
total
collection,
excluding
the
3
amount
of
any
fee
for
new
registration
and
annual
registration
4
surcharge
,
for
each
annual
or
semiannual
vehicle
registration
5
and
each
duplicate
registration
card
or
plate
issued.
6
Sec.
19.
Section
326.2,
subsection
5,
Code
2021,
is
amended
7
to
read
as
follows:
8
5.
“Registration
fee”
means
the
annual
motor
vehicle
9
registration
fee
imposed
pursuant
to
section
321.105
,
unless
10
otherwise
specified.
“Registration
fee”
includes
the
annual
11
registration
surcharge
imposed
pursuant
to
section
321.105B,
in
12
accordance
with
the
terms
of
that
section.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
imposes
an
annual
registration
surcharge
in
17
the
amount
of
$2
for
each
vehicle
subject
to
registration,
18
including
both
motor
vehicles
and
trailers.
The
surcharge
19
is
payable
to
the
county
treasurer
or
the
department
of
20
transportation
the
first
time
application
is
made
for
21
registration
and
certificate
of
title
for
a
vehicle
and
each
22
time
registration
is
renewed.
Revenues
collected
from
the
23
annual
registration
surcharge
accrue
to
the
road
use
tax
fund
24
and
are
appropriated
to
the
department
of
public
safety
to
be
25
used
for
vehicles,
equipment,
and
training
expenses
of
the
26
division
of
state
patrol
related
to
the
supervision
of
the
27
highways
of
this
state.
28
The
bill
amends
the
definition
of
“registration
fees”
for
29
purposes
of
Code
chapter
321
to
provide
for
administration
30
of
the
annual
registration
surcharge
in
conjunction
with
31
administration
of
annual
vehicle
registration
fees,
and
the
32
bill
amends
the
definition
of
“registration
fee”
in
Code
33
chapter
326
to
provide
for
administration
of
the
annual
34
registration
surcharge
in
conjunction
with
administration
of
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apportioned
fees
for
commercial
motor
vehicles.
In
addition,
1
the
bill
makes
conforming
amendments
to
various
Code
sections
2
relating
to
vehicle
registration
fees
and
the
distribution
of
3
revenue
from
the
road
use
tax
fund.
4
It
is
a
simple
misdemeanor
punishable
by
a
scheduled
fine
of
5
$70
for
a
person
to
drive,
move,
or
permit
to
be
driven
or
moved
6
upon
the
highway
a
vehicle
required
to
be
registered
that
is
7
not
registered
or
for
which
the
appropriate
fees
have
not
been
8
paid,
notwithstanding
certain
exceptions.
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