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Senate Study Bill 3121 - IntroducedA Bill ForAn Act 1regarding the registration and titling of motor
2vehicles, including by providing for registration and
3titling by any county treasurer and by modifying related
4fees and the amount of fees retained by county treasurers.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.20, subsection 1, unnumbered
2paragraph 1, Code 2020, is amended to read as follows:
3Except as provided in this chapter, an owner of a vehicle,
4or a lessor of a vehicle pursuant to chapter 321F which has a
5gross vehicle weight of less than ten thousand pounds, which
6is subject to registration, shall make application to the any
7 county treasurer of the county of the owner’s residence, or
8if a nonresident, to the county treasurer of the county where
9the primary users of the vehicle are located, or if a lessor
10of the vehicle pursuant to chapter 321F which vehicle has a
11gross vehicle weight of less than ten thousand pounds, to the
12county treasurer of the county of the lessee’s residence,
13or if a firm, association, or corporation with vehicles in
14multiple counties, the owner may make application to the
15county treasurer of the county where the primary user of the
16vehicle is located, for the registration and issuance of a
17certificate of title for the vehicle upon the appropriate form
18furnished by the department. However, upon the transfer of
19ownership, the owner of a vehicle subject to the apportioned
20registration provisions of chapter 326 shall make application
21for issuance of a certificate of title to either the department
22or the appropriate any county treasurer. The owner of a
23vehicle purchased pursuant to section 578A.7 shall present
24documentation that such sale was completed in compliance with
25that section. The application shall be accompanied by a fee
26of twenty twenty-five dollars, and shall bear the owner’s
27signature. A nonresident owner of two or more vehicles subject
28to registration may make application for registration and
29issuance of a certificate of title for all vehicles subject to
30registration to the any county treasurer of the county where
31the primary user of any of the vehicles is located. The owner
32of a mobile home or manufactured home shall make application
33for a certificate of title under this section from the county
34treasurer of the county where the mobile home or manufactured
35home is located. The application shall contain:
-1-1 Sec. 2. Section 321.20, subsections 2, 3, and 4, Code 2020,
2are amended to read as follows:
32. Notwithstanding contrary provisions of this chapter
4or chapter 326 regarding titling and registration by means
5other than electronic means, the department shall, by July 1,
62019, develop and implement a program to allow for electronic
7applications, titling, registering, and funds transfers for
8vehicles subject to registration in order to improve the
9efficiency and timeliness of the processes and to reduce costs
10for all parties involved. The program shall also provide for
11the electronic submission of any statement required by this
12section, except where prohibited by federal law.
133. The department shall adopt rules on pursuant to chapter
1417A to administer this section, including rules relating to the
15method for providing signatures for applications and statements
16required by this section that are made by electronic means.
174. Notwithstanding this section or any other provision of
18law to the contrary, if the program required by subsection
192 is not implemented by July 1, 2019, an owner of a vehicle
20subject to registration may apply to the county treasurer of a
21county contiguous to the county designated for the owner under
22subsection 1 for registration and issuance of a certificate of
23title. If a transaction occurs under the program established
24pursuant to subsection 2, the required documentation shall
25be electronically submitted to the county treasurer of the
26county of the owner’s residence; or if a nonresident, to the
27county treasurer of the county where the primary users of the
28vehicle are located; or if a lessor of the vehicle pursuant to
29chapter 321F which has a gross vehicle weight of less than ten
30thousand pounds, to the county treasurer of the county of the
31lessee’s residence; or if a firm, association, or corporation
32with vehicles in multiple counties, the county treasurer of the
33county where the primary user of the vehicle is located.
34 Sec. 3. Section 321.20A, subsection 1, Code 2020, is amended
35to read as follows:
-2- 11. Notwithstanding other provisions of this chapter,
2the owner of a commercial vehicle subject to the apportioned
3registration provisions of chapter 326 may make application
4to the department or the appropriate any county treasurer
5for a certificate of title. The owner of a commercial
6vehicle purchased pursuant to section 578A.7 shall present
7documentation that such sale was completed in compliance with
8that section. The application for certificate of title shall
9be made within thirty days of purchase or transfer and shall be
10accompanied by a twenty twenty-five dollar title fee and the
11appropriate fee for new registration. The department or the
12county treasurer shall deliver the certificate of title to the
13owner if there is no security interest. If there is a security
14interest, the title, when issued, shall be delivered to the
15first secured party. Delivery may be made using electronic
16means.
17 Sec. 4. Section 321.23, subsections 3 and 4, Code 2020, are
18amended to read as follows:
193. In the event an applicant for registration of a foreign
20vehicle for which a certificate of title has been issued is
21able to furnish evidence of being the registered owner of the
22vehicle to the any county treasurer of the owner’s residence,
23although unable to surrender such certificate of title, the
24county treasurer may issue a registration receipt and plates
25upon receipt of the required annual registration fee and the
26fee for new registration but shall not issue a certificate of
27title thereto. Upon surrender of the certificate of title
28from the foreign state, the county treasurer shall issue a
29certificate of title to the owner, or person entitled thereto,
30of such vehicle as provided in this chapter. The owner
31of a vehicle registered under this subsection shall not be
32required to obtain a certificate of title in this state and may
33transfer ownership of the vehicle to a motor vehicle dealer
34licensed under chapter 322 if, at the time of the transfer,
35the certificate of title is held by a secured party and the
-3-1dealer has forwarded to the secured party the sum necessary to
2discharge the security interest pursuant to section 321.48,
3subsection 1.
44. A vehicle which does not meet the equipment requirements
5of this chapter due to the particular use for which it is
6designed or intended, may be registered by the department
7upon payment of appropriate fees and after inspection and
8certification by the department that the vehicle is not
9in an unsafe condition. A person is not required to have
10a certificate of title to register a vehicle under this
11subsection. If the owner elects to have a certificate of
12title issued for the vehicle, a fee of twenty twenty-five
13 dollars shall be paid by the person making the application
14upon issuance of a certificate of title. If the department’s
15inspection reveals that the vehicle may be safely operated only
16under certain conditions or on certain types of roadways, the
17department may restrict the registration to limit operation of
18the vehicle to the appropriate conditions or roadways. This
19subsection does not apply to snowmobiles as defined in section
20321G.1. Section 321.382 does not apply to a vehicle registered
21under this subsection which is operated exclusively by a person
22with a disability who has obtained a persons with disabilities
23parking permit as provided in section 321L.2, if the persons
24with disabilities parking permit is carried in or on the
25vehicle and shown to a peace officer on request.
26 Sec. 5. Section 321.34, subsection 1, Code 2020, is amended
27to read as follows:
281. Plates issued. The county treasurer upon receiving
29application, accompanied by proper fee, for registration of a
30vehicle shall issue to the owner one registration plate for
31a motorcycle, motorized bicycle, autocycle, truck tractor,
32trailer, or semitrailer and two registration plates for every
33other motor vehicle. The registration plates, including
34special registration plates, shall be assigned to the owner of
35a vehicle. When the owner of a registered vehicle transfers
-4-1or assigns ownership of the vehicle to another person, the
2owner shall remove the registration plates from the vehicle.
3The owner shall forward the plates to the any county treasurer
4where the vehicle is registered or the owner may have the
5plates assigned to another vehicle within thirty days after
6transfer, upon payment of the fees required by law. The
7owner shall immediately affix registration plates retained
8by the owner to another vehicle owned or acquired by the
9owner, providing the owner complies with section 321.46. The
10department shall adopt rules providing for the assignment of
11registration plates to the transferee of a vehicle for which a
12credit is allowed under section 321.46, subsection 6.
13 Sec. 6. Section 321.40, subsection 1, Code 2020, is amended
14to read as follows:
151. Application for renewal for a vehicle registered under
16this chapter shall be made on or after the first day of the
17month prior to the month of expiration of registration and up
18to and including the last day of the month following the month
19of expiration of registration. The application for renewal
20shall be submitted to the county treasurer of the county of
21the owner’s residence; or if a nonresident, to the county
22treasurer of the county where the primary users of the vehicle
23are located; or if a lessor of the vehicle pursuant to chapter
24321F which has a gross vehicle weight of less than ten thousand
25pounds, to the county treasurer of the county of the lessee’s
26residence; or if a firm, association, or corporation with
27vehicles in multiple counties, to the county treasurer of the
28county where the primary user of the vehicle is located. The
29registration shall be renewed upon payment of the appropriate
30annual registration fee. Application for renewal for a vehicle
31registered under chapter 326 shall be made on or after the
32first day of the month prior to the month of expiration of
33registration and up to and including the last day of the month
34of expiration of registration.
35 Sec. 7. Section 321.42, subsection 2, paragraphs a, c, and
-5-1d, Code 2020, are amended to read as follows:
2a. If a certificate of title is lost or destroyed, the
3owner or lienholder shall apply for a replacement copy of the
4original certificate of title. The owner or lienholder of a
5motor vehicle may also apply for a replacement copy of the
6original certificate of title upon surrender of the original
7certificate of title with the application. The application
8shall be made to the department or any county treasurer who
9issued the original certificate of title. The application
10shall be signed by the owner or lienholder and accompanied by a
11fee of twenty twenty-five dollars.
12c. If a security interest noted on the face of an original
13certificate of title was released by the lienholder on a
14separate form pursuant to section 321.50, subsection 5, and
15the signature of the lienholder, or the person executing the
16release on behalf of the lienholder, is notarized, but the
17lienholder has not delivered the original certificate to the
18appropriate party as provided in section 321.50, subsection 5,
19the owner may apply for and receive a replacement certificate
20of title without the released security interest noted thereon.
21The lienholder shall return the original certificate of title
22to the department or to the any county treasurer of the county
23where the title was issued.
24d. A new purchaser or transferee is entitled to receive
25an original title upon presenting the assigned replacement
26copy to the any county treasurer of the county where the new
27purchaser or transferee resides. At the time of purchase, a
28purchaser may require the seller to indemnify the purchaser and
29all future purchasers of the vehicle against any loss which
30may be suffered due to claims on the original certificate. A
31person recovering an original certificate of title for which
32a replacement has been issued shall surrender the original
33certificate to the county treasurer or the department.
34 Sec. 8. Section 321.46, subsections 1, 2, and 5, Code 2020,
35are amended to read as follows:
-6- 11. The transferee shall, within thirty calendar days after
2purchase or transfer, apply for and obtain from the any county
3treasurer of the person’s residence, or if a nonresident, the
4county treasurer of the county where the primary users of the
5vehicle are located or the county where all other vehicles
6owned by the nonresident are registered, or in the case of a
7mobile home or manufactured home, the county treasurer of the
8county where the mobile home or manufactured home is located,
9or if a firm, association, or corporation with vehicles in
10multiple counties, the transferee may apply for and obtain
11from the county treasurer of the county where the primary
12user of the vehicle is located, a new registration and a new
13certificate of title for the vehicle, except as provided in
14section 321.25, 321.48, or 322G.12, or when the transferee
15obtains the vehicle pursuant to section 321.52, subsection 2,
16paragraph “b”. In the case of a mobile home or manufactured
17home, the transferee shall, within thirty calendar days after
18purchase or transfer, apply for and obtain from the county
19treasurer of the county where the mobile home or manufactured
20home is located a new registration and a new certificate of
21title. The transferee shall present with the application the
22certificate of title endorsed and assigned by the previous
23owner and shall indicate the name of the county in which the
24vehicle was last registered and the registration expiration
25date.
262. Upon filing the application for a new registration and
27a new title, the applicant shall pay a title fee of twenty
28 twenty-five dollars, an annual registration fee prorated for
29the remaining unexpired months of the registration year, and
30a fee for new registration if applicable. A manufacturer
31applying for a certificate of title pursuant to section 322G.12
32shall pay a title fee of ten fifteen dollars. However, a
33title fee shall not be charged to a manufactured or mobile
34home retailer applying for a certificate of title for a used
35mobile home or manufactured home, titled in Iowa, as required
-7-1under section 321.45, subsection 4. The county treasurer, if
2satisfied of the genuineness and regularity of the application,
3and in the case of a mobile home or manufactured home, that
4taxes are not owing under chapter 435, and that applicant has
5complied with all the requirements of this chapter, shall issue
6a new certificate of title and, except for a mobile home,
7manufactured home, or a vehicle returned to and accepted by a
8manufacturer as described in section 322G.12, a registration
9card to the purchaser or transferee, shall cancel the prior
10registration for the vehicle, and shall forward the necessary
11copies to the department on the date of issuance, as prescribed
12in section 321.24. Mobile homes or manufactured homes titled
13under chapter 448 that have been subject under section 446.18
14to a public bidder sale in a county shall be titled in the
15county’s name, with no fee, and the county treasurer shall
16issue the title.
175. The seller or transferor may file an affidavit on
18forms prescribed and provided by the department with the any
19 county treasurer of the county where the vehicle is registered
20 certifying the sale or transfer of ownership of the vehicle
21and the assignment and delivery of the certificate of title
22for the vehicle. Upon receipt of the affidavit, the county
23treasurer shall file the affidavit with the copy of the
24registration receipt for the vehicle on file in the treasurer’s
25office and on that day the treasurer shall note receipt of the
26affidavit in the vehicle registration and titling system. Upon
27filing the affidavit, it shall be presumed that the seller or
28transferor has assigned and delivered the certificate of title
29for the vehicle. For a leased vehicle, the lessor licensed
30pursuant to chapter 321F or the lessee may file an affidavit
31as provided in this subsection certifying that the lease has
32expired or been terminated and the date that the leased vehicle
33was surrendered to the lessor.
34 Sec. 9. Section 321.47, subsections 1 and 3, Code 2020, are
35amended to read as follows:
-8- 11. If ownership of a vehicle is transferred by operation of
2law upon inheritance, devise or bequest, dissolution decree,
3order in bankruptcy, insolvency, replevin, foreclosure or
4execution sale, abandoned vehicle sale, or when the engine of a
5motor vehicle is replaced by another engine, or a vehicle is
6sold or transferred to satisfy an artisan’s lien as provided
7in chapter 577, a landlord’s lien as provided in chapter 570,
8a self-service storage facility lien as provided in section
9578A.7, a storage lien as provided in chapter 579, a judgment
10in an action for abandonment of a manufactured or mobile home
11as provided in chapter 555B, upon presentation of an affidavit
12relating to the disposition of a valueless mobile, modular, or
13manufactured home as provided in chapter 555C, or repossession
14is had upon default in performance of the terms of a security
15agreement, the any county treasurer in the transferee’s county
16of residence or, in the case of a mobile home or manufactured
17home, the county treasurer of the county where the mobile home
18or manufactured home is located, upon the surrender of the
19prior certificate of title or the manufacturer’s or importer’s
20certificate, or when that is not possible, upon presentation
21of satisfactory proof to the county treasurer of ownership
22and right of possession to the vehicle and upon payment of a
23fee of twenty twenty-five dollars and the presentation of an
24application for registration and certificate of title, may
25issue to the applicant a registration card for the vehicle
26and a certificate of title to the vehicle. A person entitled
27to ownership of a vehicle under a decree of dissolution shall
28surrender a reproduction of a certified copy of the dissolution
29and upon fulfilling the other requirements of this chapter is
30entitled to a certificate of title and registration receipt
31issued in the person’s name.
323. Whenever ownership of a vehicle is transferred under the
33provisions of this section, the registration plates shall be
34removed and forwarded to the any county treasurer of the county
35where the vehicle is registered or to the department if the
-9-1vehicle is owned by a nonresident. Upon transfer the vehicle
2shall not be operated upon the highways of this state until the
3person entitled to possession of the vehicle applies for and
4obtains registration for the vehicle.
5 Sec. 10. Section 321.48, subsection 2, Code 2020, is amended
6to read as follows:
72. A foreign registered vehicle purchased or otherwise
8acquired by a dealer for the purpose of resale shall be issued
9a certificate of title for the vehicle by the any county
10treasurer of the dealer’s residence upon proper application as
11provided in this chapter and upon payment of a fee of five ten
12 dollars and the dealer is exempt from the payment of any and
13all registration fees for the vehicle. The application for
14certificate of title shall be made within thirty days after
15the vehicle comes within the border of the state. However, a
16dealer acquiring a vehicle registered in another state which
17permits Iowa dealers to reassign that state’s certificates
18of title shall not be required to obtain a new registration
19or a new certificate of title and upon transferring title or
20interest to another person shall execute an assignment upon the
21certificate of title for the vehicle to the person to whom the
22transfer is made and deliver the assigned certificate of title
23to the person.
24 Sec. 11. Section 321.49, subsection 1, Code 2020, is amended
25to read as follows:
261. Except as provided in section 321.52, if an application
27for transfer of registration and certificate of title is not
28submitted to the any county treasurer of the residence of
29the transferee within thirty days of the date of assignment
30or transfer of title, or within thirty days of the date of
31delivery to the purchaser if the vehicle is subject to a
32security interest and was offered for sale pursuant to section
33321.48, subsection 1, a penalty of ten dollars shall accrue
34against the applicant, and no registration card or certificate
35of title shall be issued to the applicant for the vehicle until
-10-1the penalty is paid.
2 Sec. 12. Section 321.50, subsection 1, Code 2020, is amended
3to read as follows:
41. A security interest in a vehicle subject to registration
5under the laws of this state or a mobile home or manufactured
6home, except trailers whose empty weight is two thousand
7pounds or less, and except new or used vehicles held by a
8dealer or manufacturer as inventory for sale, is perfected by
9the delivery to the any county treasurer of the county where
10the certificate of title was issued or, in the case of a new
11certificate, to the county treasurer where the certificate will
12be issued, of an application for certificate of title which
13lists the security interest, or an application for notation
14of security interest signed by the owner or by one owner of
15a vehicle owned jointly by more than one person, or signed
16through electronic means as determined by the department, or a
17certificate of title from another jurisdiction which shows the
18security interest, and payment of a fee of ten fifteen dollars
19for each security interest shown. The security interest in a
20mobile home or manufactured home is perfected by the delivery
21to the county treasurer of the county where the certificate
22of title was issued or, in the case of a new certificate, to
23the county treasurer where the certificate will be issued,
24of an application for certificate of title which lists the
25security interest, or an application for notation of security
26interest signed by the owner or by one owner when owned jointly
27by more than one person, or signed through electronic means
28as determined by the department, or a certificate of title
29from another jurisdiction which shows the security interest,
30and payment of a fee of fifteen dollars for each security
31interest shown. The department shall require the federal
32employer identification number of a secured party who is a
33firm, association, or corporation or, if a natural person,
34the social security number. Upon delivery of the application
35and payment of the fee, the county treasurer shall note the
-11-1date of delivery on the application. If the delivery is by
2electronic means and the time is electronically recorded on the
3application along with the date, the time shall be included
4with the date on all subsequent documents and records where the
5date of perfection is required under this chapter. The date
6of delivery shall be the date of perfection of the security
7interest in the vehicle, regardless of the date the security
8interest is noted on the certificate of title. Up to three
9security interests may be perfected against a vehicle and shown
10on an Iowa certificate of title. If the owner or secured party
11is in possession of the certificate of title, it must also be
12delivered at this time. If a vehicle is subject to a security
13interest when brought into this state, the validity of the
14security interest and the date of perfection is determined by
15section 554.9303. Delivery as provided in this subsection
16constitutes perfection of a security interest on a certificate
17of title for purposes of this chapter and chapter 554.
18 Sec. 13. Section 321.50, subsection 5, paragraphs a and c,
19Code 2020, are amended to read as follows:
20a. When a security interest is discharged, the holder
21shall note a cancellation of the security interest on the
22face of the certificate of title over the holder’s signature
23or may note the cancellation of the security interest on a
24separate, notarized release form or letter. The holder shall
25deliver the certificate of title and the form or letter, if
26applicable, to the any county treasurer where the title was
27issued. In the case of a security interest that has been
28delivered by electronic means, the holder shall notify the
29department or the county treasurer, in a manner prescribed
30by the department, of the release of the security interest.
31The county treasurer shall immediately note the cancellation
32of the security interest on the face of the certificate of
33title, if applicable, and in the county records system. The
34county treasurer shall on the same day deliver the certificate
35of title, if applicable, and the separate, notarized release
-12-1form or letter, if applicable, to the then first secured party
2or, if there is no such person, to the person as directed by
3the owner, in writing, on a form prescribed by the department
4or, if there is no person designated, then to the owner. The
5cancellation of the security interest shall be noted on the
6certificate of title by the county treasurer without charge.
7The holder of a security interest discharged by payment who
8fails to release the security interest within fifteen days
9after being requested in writing to do so shall forfeit to the
10person making the payment the sum of twenty-five dollars.
11c. When a security interest is discharged, the lienholder
12shall note the cancellation of the security interest on the
13face of the title and, if applicable, may note the cancellation
14of the security interest on a form prescribed by the department
15and deliver a copy of the form in lieu of the title to the
16department or to the any county treasurer of the county in
17which the title was issued. The form may be delivered by
18electronic means. The department or county treasurer shall
19note the release of the security interest upon the statewide
20computer system and the county’s records. A copy of the form,
21if used, shall be attached to the title by the lienholder, if
22the title is held by the lienholder, and shall be evidence of
23the release of the security interest. If the title is held
24by the lienholder, the lienholder shall deliver the title to
25the first lienholder, or if there is no such person, to the
26person as designated by the owner, or if there is no such
27person designated, to the owner. If a certificate of title
28has not been issued, upon release of a security interest, the
29lienholder shall notify the department or the county treasurer,
30in a manner prescribed by the department, of the release of the
31security interest.
32 Sec. 14. Section 321.52, subsection 2, paragraph a, Code
332020, is amended to read as follows:
34a. The purchaser or transferee of a motor vehicle subject to
35registration for which a certificate of title is issued which
-13-1is sold for scrap or junk shall surrender the certificate of
2title, properly endorsed and signed by the previous owner, to
3the any county treasurer of the county of residence of the
4transferee, and shall apply for a junking certificate from the
5county treasurer, within thirty days after assignment of the
6certificate of title, except when the vehicle is disposed of
7pursuant to paragraph “b”. The county treasurer shall issue
8to such person without fee a junking certificate. A junking
9certificate shall authorize the holder to possess, transport,
10or transfer by endorsement the ownership of the junked vehicle.
11A certificate of title shall not again be issued for the
12vehicle subsequent to the issuance of a junking certificate
13except as provided in subsection 3. The county treasurer shall
14cancel the record of the vehicle. The junking certificate
15shall be printed on the registration receipt form and shall be
16imprinted with the words “junking certificate”, as prescribed
17by the department. A space for transfer by endorsement
18shall be on the junking certificate. A separate form for the
19notation of the transfer of component parts shall be attached
20to the junking certificate when the certificate is issued.
21 Sec. 15. Section 321.52, subsection 4, paragraphs a and b,
22Code 2020, are amended to read as follows:
23a. Notwithstanding any other provision of law to the
24contrary, an insurer may apply for and be issued a salvage
25certificate of title for a motor vehicle without surrendering
26the certificate of title or manufacturer’s or importer’s
27statement of origin properly assigned if ownership of the
28vehicle was transferred, or will transfer, to the insurer
29pursuant to a settlement with the previous owner of the vehicle
30arising from circumstances involving damage to the vehicle,
31and at least thirty days have expired since the effective
32date of such settlement. To obtain a salvage certificate
33of title pursuant to this paragraph “a”, the insurer shall
34submit an application for a salvage certificate of title to
35the any county treasurer of the county in which the vehicle
-14-1is stored by or on behalf of the insurer. The application
2shall be accompanied by an affidavit from the insurer in
3which the insurer certifies it has made at least two written
4attempts to obtain a properly assigned certificate of title
5or manufacturer’s or importer’s statement of origin for the
6vehicle by contacting the previous owner of the vehicle and all
7lienholders of record by certified mail or a similar service
8that provides proof of service using a return receipt, and
9has been unable to obtain the title or statement of origin.
10The failure of a previous owner or lienholder to provide a
11properly assigned certificate of title or manufacturer’s or
12importer’s statement of origin shall be deemed to be a waiver
13by the previous owner or lienholder of all rights, title,
14claim, and interest in the vehicle. The application shall also
15be accompanied by the application fee required under paragraph
16“b”, and proof of payment of the total amount of the settlement
17by the insurer to the previous owner of the vehicle. Upon
18receiving an application that complies with this paragraph “a”,
19the county treasurer shall issue a salvage certificate of title
20to the insurer which shall be free and clear of all liens and
21claims of ownership and shall bear the word “SALVAGE” stamped
22or printed on the face of the title in a manner prescribed by
23the department.
24b. A vehicle rebuilder or a person engaged in the business
25of buying, selling, or exchanging vehicles of a type required
26to be registered in this state, upon acquisition of a wrecked
27or salvage vehicle, shall surrender the certificate of
28title or manufacturer’s or importer’s statement of origin
29properly assigned, together with an application for a salvage
30certificate of title, to the any county treasurer of the county
31of residence of the purchaser or transferee within thirty days
32after the date of assignment of the certificate of title for
33the wrecked or salvage motor vehicle. This subsection applies
34only to vehicles with a fair market value of five hundred
35dollars or more, based on the value before the vehicle became
-15-1wrecked or salvage. Upon payment of a fee of ten fifteen
2 dollars, the county treasurer shall issue a salvage certificate
3of title which shall bear the word “SALVAGE” stamped or
4printed on the face of the title in a manner prescribed by the
5department. A salvage certificate of title may be assigned
6to an educational institution, a new motor vehicle dealer
7licensed under chapter 322, a person engaged in the business
8of purchasing bodies, parts of bodies, frames or component
9parts of vehicles for sale as scrap metal, a salvage pool, or
10an authorized vehicle recycler licensed under chapter 321H. An
11authorized vehicle recycler licensed under chapter 321H or a
12new motor vehicle dealer licensed under chapter 322 may assign
13or reassign an Iowa salvage certificate of title or a salvage
14certificate of title from another state to any person, and the
15provisions of section 321.24, subsection 5, requiring issuance
16of an Iowa salvage certificate of title shall not apply. A
17vehicle on which ownership has transferred to an insurer of
18the vehicle as a result of a settlement with the owner of the
19vehicle arising out of damage to, or unrecovered theft of, the
20vehicle shall be deemed to be a wrecked or salvage vehicle
21and the insurer shall comply with this subsection to obtain a
22salvage certificate of title within thirty days after the date
23of assignment of the certificate of title of the vehicle.
24 Sec. 16. Section 321.105A, subsection 2, unnumbered
25paragraph 1, Code 2020, is amended to read as follows:
26In addition to the annual registration fee required under
27section 321.105, a “fee for new registration” is imposed in
28the amount of five dollars plus five percent of the purchase
29price for each vehicle subject to registration. The fee for
30new registration shall be paid by the owner of the vehicle to
31the county treasurer at the time application is made for a new
32registration and certificate of title, if applicable. A new
33registration receipt shall not be issued until the fee has been
34paid. The county treasurer or the department of transportation
35shall require every applicant for a new registration receipt
-16-1for a vehicle subject to registration to supply information as
2the county treasurer or the director deems necessary as to the
3time of purchase, the purchase price, and other information
4relative to the purchase of the vehicle. On or before the
5tenth day of each month, the county treasurer or the department
6of transportation shall remit to the department of revenue the
7amount of the fees for new registration collected during the
8preceding month.
9 Sec. 17. Section 321.105A, subsection 3, paragraph a, Code
102020, is amended to read as follows:
11a. A fee for new registration is imposed in an amount equal
12to five dollars plus five percent of the leased price for each
13vehicle subject to registration with a gross vehicle weight
14rating of less than sixteen thousand pounds which is leased
15by a lessor licensed pursuant to chapter 321F for a period of
16twelve months or more. The fee for new registration shall
17be paid by the owner of the vehicle to the county treasurer
18from whom the registration receipt or certificate of title is
19obtained. A registration receipt for a vehicle subject to
20registration or issuance of a certificate of title shall not
21be issued until the fee for new registration is paid in the
22initial instance.
23 Sec. 18. Section 321.109, subsection 1, paragraph a, Code
242020, is amended to read as follows:
25a. The annual fee for all motor vehicles including vehicles
26designated by manufacturers as station wagons, 1993 and
27subsequent model year multipurpose vehicles, and 2010 and
28subsequent model year motor trucks with an unladen weight of
29ten thousand pounds or less, except motor trucks registered
30under section 321.122, business-trade trucks, special trucks,
31motor homes, motorsports recreational vehicles, ambulances,
32hearses, autocycles, motorcycles, motorized bicycles, and 1992
33and older model year multipurpose vehicles, shall be equal
34to one percent of the value as fixed by the department plus
35forty cents for each one hundred pounds or fraction thereof
-17-1of weight of vehicle, as fixed by the department. The weight
2of a motor vehicle, fixed by the department for registration
3purposes, shall include the weight of a battery, heater,
4bumpers, spare tire, and wheel. Provided, however, that for
5any new vehicle purchased in this state by a nonresident
6for removal to the nonresident’s state of residence the
7purchaser may make application to the any county treasurer
8in the county of purchase for a transit plate for which a
9fee of ten dollars shall be paid. And provided, however,
10that for any used vehicle held by a registered dealer and
11not currently registered in this state, or for any vehicle
12held by an individual and currently registered in this state,
13when purchased in this state by a nonresident for removal
14to the nonresident’s state of residence, the purchaser may
15make application to the any county treasurer in the county
16of purchase for a transit plate for which a fee of three
17dollars shall be paid. The county treasurer shall issue a
18nontransferable certificate of registration for which no
19refund shall be allowed; and the transit plates shall be void
20thirty days after issuance. Such purchaser may apply for a
21certificate of title by surrendering the manufacturer’s or
22importer’s certificate or certificate of title, duly assigned
23as provided in this chapter. In this event, the county
24 treasurer in the county of purchase shall, when satisfied
25with the genuineness and regularity of the application, and
26upon payment of a fee of twenty twenty-five dollars, issue a
27certificate of title in the name and address of the nonresident
28purchaser delivering the title to the owner. If there is a
29security interest noted on the title, the county treasurer
30shall mail to the secured party an acknowledgment of the
31notation of the security interest. The county treasurer
32shall not release a security interest that has been noted on
33a title issued to a nonresident purchaser as provided in this
34paragraph. The application requirements of section 321.20
35apply to a title issued as provided in this subsection, except
-18-1that a natural person who applies for a certificate of title
2shall provide either the person’s social security number,
3passport number, or driver’s license number, whether the
4license was issued by this state, another state, or another
5country. The provisions of this subsection relating to
6multipurpose vehicles are effective for all 1993 and subsequent
7model years. The annual registration fee for multipurpose
8vehicles that are 1992 model years and older shall be in
9accordance with section 321.124.
10 Sec. 19. Section 321.109, subsection 3, Code 2020, is
11amended to read as follows:
123. The owner of an unregistered motor vehicle or motor
13vehicle for which the registration is delinquent may make
14application to the any county treasurer of the county of
15residence or, if the unregistered or delinquent motor vehicle
16is purchased by a nonresident of the state, to the county
17treasurer in the county of purchase, for a temporary thirty-day
18permit for a fee of twenty-five dollars. The permit shall
19authorize the motor vehicle to be driven or towed upon the
20highway, but shall not authorize a motor truck or truck tractor
21to haul or tow a load. The permit fee shall not be considered a
22registration fee or exempt the owner from payment of all other
23fees, registration fees, and penalties due. If the annual
24registration fee for the motor vehicle is delinquent, the
25annual registration fee and penalty shall continue to accrue
26until paid. The permit fee shall not be prorated, refunded, or
27used as credit as provided under section 321.46. The permit
28shall be displayed in the upper left-hand corner of the rear
29window of all motor vehicles, except motorcycles. Permits
30issued for a motorcycle shall be attached to the rear of the
31motorcycle.
32 Sec. 20. Section 321.152, subsection 1, paragraphs b, d, and
33f, Code 2020, are amended to read as follows:
34b. Two Seven dollars and fifty cents from each fee collected
35for certificates of title.
-19- 1d. Sixty percent Eleven dollars of all fees each fee
2 collected for perfection of security interests.
3f. One dollar Six dollars from each fee for new registration
4collected pursuant to section 321.105A.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8Under current law, only certain county treasurers are
9allowed to do certain actions relating to motor vehicle
10registration and titling. This bill provides that any county
11treasurer can do any of the following: accept applications for
12and issue registrations and certificates of title to owners
13of vehicles, owners of commercial vehicles, owners of certain
14foreign vehicles, owners of transferred vehicles, owners of
15vehicles with a lost or damaged certificate of title, owners
16of vehicles transferred by law, and nonresident purchasers
17of vehicles; receive forwarded plates from the owner of a
18registered vehicle who has transferred or assigned ownership
19of the vehicle to another person; accept the return of an
20original certificate of title from a lienholder; issue an
21original certificate of title to a new purchaser or transferee
22who presents an assigned replacement copy; receive affidavits
23certifying the sale or transfer of ownership of a vehicle;
24receive registration plates from a vehicle that has been
25transferred by operation of law; issue certificates of title to
26dealers in possession of foreign registered vehicles; receive
27applications for the transfer of registration and certificates
28of title; perfect security interests; accept certificates of
29title, or other forms, noting that a security interest has
30been discharged; receive certificates of title of vehicles
31that have been sold for scrap or junk; accept applications for
32salvage certificates of title; receive certificates of title of
33a wrecked or salvage vehicle; and accept applications and issue
34temporary permits for vehicles that are unregistered or have
35delinquent registration.
-20- 1The bill increases the following fees from $20 to $25:
2applications for registration and issuance of a certificate
3of title for a vehicle, applications for registration and
4issuance of a certificate of title for a commercial vehicle,
5applications for registration of a vehicle failing to meet
6the equipment requirements of Code chapter 321, applications
7for a replacement copy of an original certificate of title,
8applications for a new registration and a new title upon
9transfer, applications for registration and issuance of a
10certificate of title for a vehicle transferred by operation of
11law, and applications for certificate of title to a nonresident
12purchaser.
13The bill increases the following fees from $10 to $15:
14applications by a manufacturer for a certificate of title
15pursuant to Code section 322G.12, applications to perfect
16a security interest in a vehicle by delivery to a county
17treasurer, and applications for the issuance of a salvage
18certificate of title.
19The bill increases the fee for applications for certificates
20of title by a dealer for a foreign registered vehicle from $5
21to $10.
22An application for renewal of registration for a vehicle
23shall be submitted to the county treasurer of the county of the
24owner’s residence, or if a nonresident or a firm association or
25corporation with vehicles in multiple counties, to the county
26treasurer of the county where the primary users of the vehicle
27are located, or if a lessor of the vehicle, to the county
28treasurer of the county of the lessee’s residence.
29The bill amends Code section 321.20(2) by striking the
30current date by which the department of transportation (DOT)
31is required to develop and implement a program to allow for
32electronic applications, titling, registering, and funds
33transfers for vehicles subject to registration. The bill also
34provides that where a transaction occurs under any program
35ultimately developed by the DOT, any required documentation is
-21-1to be electronically submitted to the county treasurer of the
2county of the owner’s residence, or if a nonresident or a firm,
3association, or corporation with vehicles in multiple counties,
4to the county treasurer of the county where the primary users
5of the vehicles are located, or if a lessor of the vehicle, to
6the county treasurer of the county of the lessee’s residence.
7Current law provides that, in addition to the annual
8registration fee, a fee for new registration is imposed
9in the amount of 5 percent of the purchase price for each
10vehicle subject to registration. The bill increases the fee
11by providing that the fee for new registration is $5 plus
125 percent of the purchase price of each vehicle subject to
13registration. Furthermore, the bill increases the fee for
14new registration of leased vehicles by imposing a $5 fee in
15addition to 5 percent of the leased price.
16Lastly, the bill changes the amounts of certain fees a
17county treasurer may retain for deposit in the county general
18fund. The bill provides the treasurer may retain $7.50 from
19each fee collected for certificates of title, $11 from each fee
20collected for perfection of security interests, and $6 from
21each fee for new registration.
-22-mo/ns
2vehicles, including by providing for registration and
3titling by any county treasurer and by modifying related
4fees and the amount of fees retained by county treasurers.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.20, subsection 1, unnumbered
2paragraph 1, Code 2020, is amended to read as follows:
3Except as provided in this chapter, an owner of a vehicle,
4or a lessor of a vehicle pursuant to chapter 321F which has a
5gross vehicle weight of less than ten thousand pounds, which
6is subject to registration, shall make application to the any
7 county treasurer of the county of the owner’s residence, or
8if a nonresident, to the county treasurer of the county where
9the primary users of the vehicle are located, or if a lessor
10of the vehicle pursuant to chapter 321F which vehicle has a
11gross vehicle weight of less than ten thousand pounds, to the
12county treasurer of the county of the lessee’s residence,
13or if a firm, association, or corporation with vehicles in
14multiple counties, the owner may make application to the
15county treasurer of the county where the primary user of the
16vehicle is located, for the registration and issuance of a
17certificate of title for the vehicle upon the appropriate form
18furnished by the department. However, upon the transfer of
19ownership, the owner of a vehicle subject to the apportioned
20registration provisions of chapter 326 shall make application
21for issuance of a certificate of title to either the department
22or the appropriate any county treasurer. The owner of a
23vehicle purchased pursuant to section 578A.7 shall present
24documentation that such sale was completed in compliance with
25that section. The application shall be accompanied by a fee
26of twenty twenty-five dollars, and shall bear the owner’s
27signature. A nonresident owner of two or more vehicles subject
28to registration may make application for registration and
29issuance of a certificate of title for all vehicles subject to
30registration to the any county treasurer of the county where
31the primary user of any of the vehicles is located. The owner
32of a mobile home or manufactured home shall make application
33for a certificate of title under this section from the county
34treasurer of the county where the mobile home or manufactured
35home is located. The application shall contain:
-1-1 Sec. 2. Section 321.20, subsections 2, 3, and 4, Code 2020,
2are amended to read as follows:
32. Notwithstanding contrary provisions of this chapter
4or chapter 326 regarding titling and registration by means
5other than electronic means, the department shall, by July 1,
62019, develop and implement a program to allow for electronic
7applications, titling, registering, and funds transfers for
8vehicles subject to registration in order to improve the
9efficiency and timeliness of the processes and to reduce costs
10for all parties involved. The program shall also provide for
11the electronic submission of any statement required by this
12section, except where prohibited by federal law.
133. The department shall adopt rules on pursuant to chapter
1417A to administer this section, including rules relating to the
15method for providing signatures for applications and statements
16required by this section that are made by electronic means.
174. Notwithstanding this section or any other provision of
18law to the contrary, if the program required by subsection
192 is not implemented by July 1, 2019, an owner of a vehicle
20subject to registration may apply to the county treasurer of a
21county contiguous to the county designated for the owner under
22subsection 1 for registration and issuance of a certificate of
23title. If a transaction occurs under the program established
24pursuant to subsection 2, the required documentation shall
25be electronically submitted to the county treasurer of the
26county of the owner’s residence; or if a nonresident, to the
27county treasurer of the county where the primary users of the
28vehicle are located; or if a lessor of the vehicle pursuant to
29chapter 321F which has a gross vehicle weight of less than ten
30thousand pounds, to the county treasurer of the county of the
31lessee’s residence; or if a firm, association, or corporation
32with vehicles in multiple counties, the county treasurer of the
33county where the primary user of the vehicle is located.
34 Sec. 3. Section 321.20A, subsection 1, Code 2020, is amended
35to read as follows:
-2- 11. Notwithstanding other provisions of this chapter,
2the owner of a commercial vehicle subject to the apportioned
3registration provisions of chapter 326 may make application
4to the department or the appropriate any county treasurer
5for a certificate of title. The owner of a commercial
6vehicle purchased pursuant to section 578A.7 shall present
7documentation that such sale was completed in compliance with
8that section. The application for certificate of title shall
9be made within thirty days of purchase or transfer and shall be
10accompanied by a twenty twenty-five dollar title fee and the
11appropriate fee for new registration. The department or the
12county treasurer shall deliver the certificate of title to the
13owner if there is no security interest. If there is a security
14interest, the title, when issued, shall be delivered to the
15first secured party. Delivery may be made using electronic
16means.
17 Sec. 4. Section 321.23, subsections 3 and 4, Code 2020, are
18amended to read as follows:
193. In the event an applicant for registration of a foreign
20vehicle for which a certificate of title has been issued is
21able to furnish evidence of being the registered owner of the
22vehicle to the any county treasurer of the owner’s residence,
23although unable to surrender such certificate of title, the
24county treasurer may issue a registration receipt and plates
25upon receipt of the required annual registration fee and the
26fee for new registration but shall not issue a certificate of
27title thereto. Upon surrender of the certificate of title
28from the foreign state, the county treasurer shall issue a
29certificate of title to the owner, or person entitled thereto,
30of such vehicle as provided in this chapter. The owner
31of a vehicle registered under this subsection shall not be
32required to obtain a certificate of title in this state and may
33transfer ownership of the vehicle to a motor vehicle dealer
34licensed under chapter 322 if, at the time of the transfer,
35the certificate of title is held by a secured party and the
-3-1dealer has forwarded to the secured party the sum necessary to
2discharge the security interest pursuant to section 321.48,
3subsection 1.
44. A vehicle which does not meet the equipment requirements
5of this chapter due to the particular use for which it is
6designed or intended, may be registered by the department
7upon payment of appropriate fees and after inspection and
8certification by the department that the vehicle is not
9in an unsafe condition. A person is not required to have
10a certificate of title to register a vehicle under this
11subsection. If the owner elects to have a certificate of
12title issued for the vehicle, a fee of twenty twenty-five
13 dollars shall be paid by the person making the application
14upon issuance of a certificate of title. If the department’s
15inspection reveals that the vehicle may be safely operated only
16under certain conditions or on certain types of roadways, the
17department may restrict the registration to limit operation of
18the vehicle to the appropriate conditions or roadways. This
19subsection does not apply to snowmobiles as defined in section
20321G.1. Section 321.382 does not apply to a vehicle registered
21under this subsection which is operated exclusively by a person
22with a disability who has obtained a persons with disabilities
23parking permit as provided in section 321L.2, if the persons
24with disabilities parking permit is carried in or on the
25vehicle and shown to a peace officer on request.
26 Sec. 5. Section 321.34, subsection 1, Code 2020, is amended
27to read as follows:
281. Plates issued. The county treasurer upon receiving
29application, accompanied by proper fee, for registration of a
30vehicle shall issue to the owner one registration plate for
31a motorcycle, motorized bicycle, autocycle, truck tractor,
32trailer, or semitrailer and two registration plates for every
33other motor vehicle. The registration plates, including
34special registration plates, shall be assigned to the owner of
35a vehicle. When the owner of a registered vehicle transfers
-4-1or assigns ownership of the vehicle to another person, the
2owner shall remove the registration plates from the vehicle.
3The owner shall forward the plates to the any county treasurer
4where the vehicle is registered or the owner may have the
5plates assigned to another vehicle within thirty days after
6transfer, upon payment of the fees required by law. The
7owner shall immediately affix registration plates retained
8by the owner to another vehicle owned or acquired by the
9owner, providing the owner complies with section 321.46. The
10department shall adopt rules providing for the assignment of
11registration plates to the transferee of a vehicle for which a
12credit is allowed under section 321.46, subsection 6.
13 Sec. 6. Section 321.40, subsection 1, Code 2020, is amended
14to read as follows:
151. Application for renewal for a vehicle registered under
16this chapter shall be made on or after the first day of the
17month prior to the month of expiration of registration and up
18to and including the last day of the month following the month
19of expiration of registration. The application for renewal
20shall be submitted to the county treasurer of the county of
21the owner’s residence; or if a nonresident, to the county
22treasurer of the county where the primary users of the vehicle
23are located; or if a lessor of the vehicle pursuant to chapter
24321F which has a gross vehicle weight of less than ten thousand
25pounds, to the county treasurer of the county of the lessee’s
26residence; or if a firm, association, or corporation with
27vehicles in multiple counties, to the county treasurer of the
28county where the primary user of the vehicle is located. The
29registration shall be renewed upon payment of the appropriate
30annual registration fee. Application for renewal for a vehicle
31registered under chapter 326 shall be made on or after the
32first day of the month prior to the month of expiration of
33registration and up to and including the last day of the month
34of expiration of registration.
35 Sec. 7. Section 321.42, subsection 2, paragraphs a, c, and
-5-1d, Code 2020, are amended to read as follows:
2a. If a certificate of title is lost or destroyed, the
3owner or lienholder shall apply for a replacement copy of the
4original certificate of title. The owner or lienholder of a
5motor vehicle may also apply for a replacement copy of the
6original certificate of title upon surrender of the original
7certificate of title with the application. The application
8shall be made to the department or any county treasurer who
9issued the original certificate of title. The application
10shall be signed by the owner or lienholder and accompanied by a
11fee of twenty twenty-five dollars.
12c. If a security interest noted on the face of an original
13certificate of title was released by the lienholder on a
14separate form pursuant to section 321.50, subsection 5, and
15the signature of the lienholder, or the person executing the
16release on behalf of the lienholder, is notarized, but the
17lienholder has not delivered the original certificate to the
18appropriate party as provided in section 321.50, subsection 5,
19the owner may apply for and receive a replacement certificate
20of title without the released security interest noted thereon.
21The lienholder shall return the original certificate of title
22to the department or to the any county treasurer of the county
23where the title was issued.
24d. A new purchaser or transferee is entitled to receive
25an original title upon presenting the assigned replacement
26copy to the any county treasurer of the county where the new
27purchaser or transferee resides. At the time of purchase, a
28purchaser may require the seller to indemnify the purchaser and
29all future purchasers of the vehicle against any loss which
30may be suffered due to claims on the original certificate. A
31person recovering an original certificate of title for which
32a replacement has been issued shall surrender the original
33certificate to the county treasurer or the department.
34 Sec. 8. Section 321.46, subsections 1, 2, and 5, Code 2020,
35are amended to read as follows:
-6- 11. The transferee shall, within thirty calendar days after
2purchase or transfer, apply for and obtain from the any county
3treasurer of the person’s residence, or if a nonresident, the
4county treasurer of the county where the primary users of the
5vehicle are located or the county where all other vehicles
6owned by the nonresident are registered, or in the case of a
7mobile home or manufactured home, the county treasurer of the
8county where the mobile home or manufactured home is located,
9or if a firm, association, or corporation with vehicles in
10multiple counties, the transferee may apply for and obtain
11from the county treasurer of the county where the primary
12user of the vehicle is located, a new registration and a new
13certificate of title for the vehicle, except as provided in
14section 321.25, 321.48, or 322G.12, or when the transferee
15obtains the vehicle pursuant to section 321.52, subsection 2,
16paragraph “b”. In the case of a mobile home or manufactured
17home, the transferee shall, within thirty calendar days after
18purchase or transfer, apply for and obtain from the county
19treasurer of the county where the mobile home or manufactured
20home is located a new registration and a new certificate of
21title. The transferee shall present with the application the
22certificate of title endorsed and assigned by the previous
23owner and shall indicate the name of the county in which the
24vehicle was last registered and the registration expiration
25date.
262. Upon filing the application for a new registration and
27a new title, the applicant shall pay a title fee of twenty
28 twenty-five dollars, an annual registration fee prorated for
29the remaining unexpired months of the registration year, and
30a fee for new registration if applicable. A manufacturer
31applying for a certificate of title pursuant to section 322G.12
32shall pay a title fee of ten fifteen dollars. However, a
33title fee shall not be charged to a manufactured or mobile
34home retailer applying for a certificate of title for a used
35mobile home or manufactured home, titled in Iowa, as required
-7-1under section 321.45, subsection 4. The county treasurer, if
2satisfied of the genuineness and regularity of the application,
3and in the case of a mobile home or manufactured home, that
4taxes are not owing under chapter 435, and that applicant has
5complied with all the requirements of this chapter, shall issue
6a new certificate of title and, except for a mobile home,
7manufactured home, or a vehicle returned to and accepted by a
8manufacturer as described in section 322G.12, a registration
9card to the purchaser or transferee, shall cancel the prior
10registration for the vehicle, and shall forward the necessary
11copies to the department on the date of issuance, as prescribed
12in section 321.24. Mobile homes or manufactured homes titled
13under chapter 448 that have been subject under section 446.18
14to a public bidder sale in a county shall be titled in the
15county’s name, with no fee, and the county treasurer shall
16issue the title.
175. The seller or transferor may file an affidavit on
18forms prescribed and provided by the department with the any
19 county treasurer of the county where the vehicle is registered
20 certifying the sale or transfer of ownership of the vehicle
21and the assignment and delivery of the certificate of title
22for the vehicle. Upon receipt of the affidavit, the county
23treasurer shall file the affidavit with the copy of the
24registration receipt for the vehicle on file in the treasurer’s
25office and on that day the treasurer shall note receipt of the
26affidavit in the vehicle registration and titling system. Upon
27filing the affidavit, it shall be presumed that the seller or
28transferor has assigned and delivered the certificate of title
29for the vehicle. For a leased vehicle, the lessor licensed
30pursuant to chapter 321F or the lessee may file an affidavit
31as provided in this subsection certifying that the lease has
32expired or been terminated and the date that the leased vehicle
33was surrendered to the lessor.
34 Sec. 9. Section 321.47, subsections 1 and 3, Code 2020, are
35amended to read as follows:
-8- 11. If ownership of a vehicle is transferred by operation of
2law upon inheritance, devise or bequest, dissolution decree,
3order in bankruptcy, insolvency, replevin, foreclosure or
4execution sale, abandoned vehicle sale, or when the engine of a
5motor vehicle is replaced by another engine, or a vehicle is
6sold or transferred to satisfy an artisan’s lien as provided
7in chapter 577, a landlord’s lien as provided in chapter 570,
8a self-service storage facility lien as provided in section
9578A.7, a storage lien as provided in chapter 579, a judgment
10in an action for abandonment of a manufactured or mobile home
11as provided in chapter 555B, upon presentation of an affidavit
12relating to the disposition of a valueless mobile, modular, or
13manufactured home as provided in chapter 555C, or repossession
14is had upon default in performance of the terms of a security
15agreement, the any county treasurer in the transferee’s county
16of residence or, in the case of a mobile home or manufactured
17home, the county treasurer of the county where the mobile home
18or manufactured home is located, upon the surrender of the
19prior certificate of title or the manufacturer’s or importer’s
20certificate, or when that is not possible, upon presentation
21of satisfactory proof to the county treasurer of ownership
22and right of possession to the vehicle and upon payment of a
23fee of twenty twenty-five dollars and the presentation of an
24application for registration and certificate of title, may
25issue to the applicant a registration card for the vehicle
26and a certificate of title to the vehicle. A person entitled
27to ownership of a vehicle under a decree of dissolution shall
28surrender a reproduction of a certified copy of the dissolution
29and upon fulfilling the other requirements of this chapter is
30entitled to a certificate of title and registration receipt
31issued in the person’s name.
323. Whenever ownership of a vehicle is transferred under the
33provisions of this section, the registration plates shall be
34removed and forwarded to the any county treasurer of the county
35where the vehicle is registered or to the department if the
-9-1vehicle is owned by a nonresident. Upon transfer the vehicle
2shall not be operated upon the highways of this state until the
3person entitled to possession of the vehicle applies for and
4obtains registration for the vehicle.
5 Sec. 10. Section 321.48, subsection 2, Code 2020, is amended
6to read as follows:
72. A foreign registered vehicle purchased or otherwise
8acquired by a dealer for the purpose of resale shall be issued
9a certificate of title for the vehicle by the any county
10treasurer of the dealer’s residence upon proper application as
11provided in this chapter and upon payment of a fee of five ten
12 dollars and the dealer is exempt from the payment of any and
13all registration fees for the vehicle. The application for
14certificate of title shall be made within thirty days after
15the vehicle comes within the border of the state. However, a
16dealer acquiring a vehicle registered in another state which
17permits Iowa dealers to reassign that state’s certificates
18of title shall not be required to obtain a new registration
19or a new certificate of title and upon transferring title or
20interest to another person shall execute an assignment upon the
21certificate of title for the vehicle to the person to whom the
22transfer is made and deliver the assigned certificate of title
23to the person.
24 Sec. 11. Section 321.49, subsection 1, Code 2020, is amended
25to read as follows:
261. Except as provided in section 321.52, if an application
27for transfer of registration and certificate of title is not
28submitted to the any county treasurer of the residence of
29the transferee within thirty days of the date of assignment
30or transfer of title, or within thirty days of the date of
31delivery to the purchaser if the vehicle is subject to a
32security interest and was offered for sale pursuant to section
33321.48, subsection 1, a penalty of ten dollars shall accrue
34against the applicant, and no registration card or certificate
35of title shall be issued to the applicant for the vehicle until
-10-1the penalty is paid.
2 Sec. 12. Section 321.50, subsection 1, Code 2020, is amended
3to read as follows:
41. A security interest in a vehicle subject to registration
5under the laws of this state or a mobile home or manufactured
6home, except trailers whose empty weight is two thousand
7pounds or less, and except new or used vehicles held by a
8dealer or manufacturer as inventory for sale, is perfected by
9the delivery to the any county treasurer of the county where
10the certificate of title was issued or, in the case of a new
11certificate, to the county treasurer where the certificate will
12be issued, of an application for certificate of title which
13lists the security interest, or an application for notation
14of security interest signed by the owner or by one owner of
15a vehicle owned jointly by more than one person, or signed
16through electronic means as determined by the department, or a
17certificate of title from another jurisdiction which shows the
18security interest, and payment of a fee of ten fifteen dollars
19for each security interest shown. The security interest in a
20mobile home or manufactured home is perfected by the delivery
21to the county treasurer of the county where the certificate
22of title was issued or, in the case of a new certificate, to
23the county treasurer where the certificate will be issued,
24of an application for certificate of title which lists the
25security interest, or an application for notation of security
26interest signed by the owner or by one owner when owned jointly
27by more than one person, or signed through electronic means
28as determined by the department, or a certificate of title
29from another jurisdiction which shows the security interest,
30and payment of a fee of fifteen dollars for each security
31interest shown. The department shall require the federal
32employer identification number of a secured party who is a
33firm, association, or corporation or, if a natural person,
34the social security number. Upon delivery of the application
35and payment of the fee, the county treasurer shall note the
-11-1date of delivery on the application. If the delivery is by
2electronic means and the time is electronically recorded on the
3application along with the date, the time shall be included
4with the date on all subsequent documents and records where the
5date of perfection is required under this chapter. The date
6of delivery shall be the date of perfection of the security
7interest in the vehicle, regardless of the date the security
8interest is noted on the certificate of title. Up to three
9security interests may be perfected against a vehicle and shown
10on an Iowa certificate of title. If the owner or secured party
11is in possession of the certificate of title, it must also be
12delivered at this time. If a vehicle is subject to a security
13interest when brought into this state, the validity of the
14security interest and the date of perfection is determined by
15section 554.9303. Delivery as provided in this subsection
16constitutes perfection of a security interest on a certificate
17of title for purposes of this chapter and chapter 554.
18 Sec. 13. Section 321.50, subsection 5, paragraphs a and c,
19Code 2020, are amended to read as follows:
20a. When a security interest is discharged, the holder
21shall note a cancellation of the security interest on the
22face of the certificate of title over the holder’s signature
23or may note the cancellation of the security interest on a
24separate, notarized release form or letter. The holder shall
25deliver the certificate of title and the form or letter, if
26applicable, to the any county treasurer where the title was
27issued. In the case of a security interest that has been
28delivered by electronic means, the holder shall notify the
29department or the county treasurer, in a manner prescribed
30by the department, of the release of the security interest.
31The county treasurer shall immediately note the cancellation
32of the security interest on the face of the certificate of
33title, if applicable, and in the county records system. The
34county treasurer shall on the same day deliver the certificate
35of title, if applicable, and the separate, notarized release
-12-1form or letter, if applicable, to the then first secured party
2or, if there is no such person, to the person as directed by
3the owner, in writing, on a form prescribed by the department
4or, if there is no person designated, then to the owner. The
5cancellation of the security interest shall be noted on the
6certificate of title by the county treasurer without charge.
7The holder of a security interest discharged by payment who
8fails to release the security interest within fifteen days
9after being requested in writing to do so shall forfeit to the
10person making the payment the sum of twenty-five dollars.
11c. When a security interest is discharged, the lienholder
12shall note the cancellation of the security interest on the
13face of the title and, if applicable, may note the cancellation
14of the security interest on a form prescribed by the department
15and deliver a copy of the form in lieu of the title to the
16department or to the any county treasurer of the county in
17which the title was issued. The form may be delivered by
18electronic means. The department or county treasurer shall
19note the release of the security interest upon the statewide
20computer system and the county’s records. A copy of the form,
21if used, shall be attached to the title by the lienholder, if
22the title is held by the lienholder, and shall be evidence of
23the release of the security interest. If the title is held
24by the lienholder, the lienholder shall deliver the title to
25the first lienholder, or if there is no such person, to the
26person as designated by the owner, or if there is no such
27person designated, to the owner. If a certificate of title
28has not been issued, upon release of a security interest, the
29lienholder shall notify the department or the county treasurer,
30in a manner prescribed by the department, of the release of the
31security interest.
32 Sec. 14. Section 321.52, subsection 2, paragraph a, Code
332020, is amended to read as follows:
34a. The purchaser or transferee of a motor vehicle subject to
35registration for which a certificate of title is issued which
-13-1is sold for scrap or junk shall surrender the certificate of
2title, properly endorsed and signed by the previous owner, to
3the any county treasurer of the county of residence of the
4transferee, and shall apply for a junking certificate from the
5county treasurer, within thirty days after assignment of the
6certificate of title, except when the vehicle is disposed of
7pursuant to paragraph “b”. The county treasurer shall issue
8to such person without fee a junking certificate. A junking
9certificate shall authorize the holder to possess, transport,
10or transfer by endorsement the ownership of the junked vehicle.
11A certificate of title shall not again be issued for the
12vehicle subsequent to the issuance of a junking certificate
13except as provided in subsection 3. The county treasurer shall
14cancel the record of the vehicle. The junking certificate
15shall be printed on the registration receipt form and shall be
16imprinted with the words “junking certificate”, as prescribed
17by the department. A space for transfer by endorsement
18shall be on the junking certificate. A separate form for the
19notation of the transfer of component parts shall be attached
20to the junking certificate when the certificate is issued.
21 Sec. 15. Section 321.52, subsection 4, paragraphs a and b,
22Code 2020, are amended to read as follows:
23a. Notwithstanding any other provision of law to the
24contrary, an insurer may apply for and be issued a salvage
25certificate of title for a motor vehicle without surrendering
26the certificate of title or manufacturer’s or importer’s
27statement of origin properly assigned if ownership of the
28vehicle was transferred, or will transfer, to the insurer
29pursuant to a settlement with the previous owner of the vehicle
30arising from circumstances involving damage to the vehicle,
31and at least thirty days have expired since the effective
32date of such settlement. To obtain a salvage certificate
33of title pursuant to this paragraph “a”, the insurer shall
34submit an application for a salvage certificate of title to
35the any county treasurer of the county in which the vehicle
-14-1is stored by or on behalf of the insurer. The application
2shall be accompanied by an affidavit from the insurer in
3which the insurer certifies it has made at least two written
4attempts to obtain a properly assigned certificate of title
5or manufacturer’s or importer’s statement of origin for the
6vehicle by contacting the previous owner of the vehicle and all
7lienholders of record by certified mail or a similar service
8that provides proof of service using a return receipt, and
9has been unable to obtain the title or statement of origin.
10The failure of a previous owner or lienholder to provide a
11properly assigned certificate of title or manufacturer’s or
12importer’s statement of origin shall be deemed to be a waiver
13by the previous owner or lienholder of all rights, title,
14claim, and interest in the vehicle. The application shall also
15be accompanied by the application fee required under paragraph
16“b”, and proof of payment of the total amount of the settlement
17by the insurer to the previous owner of the vehicle. Upon
18receiving an application that complies with this paragraph “a”,
19the county treasurer shall issue a salvage certificate of title
20to the insurer which shall be free and clear of all liens and
21claims of ownership and shall bear the word “SALVAGE” stamped
22or printed on the face of the title in a manner prescribed by
23the department.
24b. A vehicle rebuilder or a person engaged in the business
25of buying, selling, or exchanging vehicles of a type required
26to be registered in this state, upon acquisition of a wrecked
27or salvage vehicle, shall surrender the certificate of
28title or manufacturer’s or importer’s statement of origin
29properly assigned, together with an application for a salvage
30certificate of title, to the any county treasurer of the county
31of residence of the purchaser or transferee within thirty days
32after the date of assignment of the certificate of title for
33the wrecked or salvage motor vehicle. This subsection applies
34only to vehicles with a fair market value of five hundred
35dollars or more, based on the value before the vehicle became
-15-1wrecked or salvage. Upon payment of a fee of ten fifteen
2 dollars, the county treasurer shall issue a salvage certificate
3of title which shall bear the word “SALVAGE” stamped or
4printed on the face of the title in a manner prescribed by the
5department. A salvage certificate of title may be assigned
6to an educational institution, a new motor vehicle dealer
7licensed under chapter 322, a person engaged in the business
8of purchasing bodies, parts of bodies, frames or component
9parts of vehicles for sale as scrap metal, a salvage pool, or
10an authorized vehicle recycler licensed under chapter 321H. An
11authorized vehicle recycler licensed under chapter 321H or a
12new motor vehicle dealer licensed under chapter 322 may assign
13or reassign an Iowa salvage certificate of title or a salvage
14certificate of title from another state to any person, and the
15provisions of section 321.24, subsection 5, requiring issuance
16of an Iowa salvage certificate of title shall not apply. A
17vehicle on which ownership has transferred to an insurer of
18the vehicle as a result of a settlement with the owner of the
19vehicle arising out of damage to, or unrecovered theft of, the
20vehicle shall be deemed to be a wrecked or salvage vehicle
21and the insurer shall comply with this subsection to obtain a
22salvage certificate of title within thirty days after the date
23of assignment of the certificate of title of the vehicle.
24 Sec. 16. Section 321.105A, subsection 2, unnumbered
25paragraph 1, Code 2020, is amended to read as follows:
26In addition to the annual registration fee required under
27section 321.105, a “fee for new registration” is imposed in
28the amount of five dollars plus five percent of the purchase
29price for each vehicle subject to registration. The fee for
30new registration shall be paid by the owner of the vehicle to
31the county treasurer at the time application is made for a new
32registration and certificate of title, if applicable. A new
33registration receipt shall not be issued until the fee has been
34paid. The county treasurer or the department of transportation
35shall require every applicant for a new registration receipt
-16-1for a vehicle subject to registration to supply information as
2the county treasurer or the director deems necessary as to the
3time of purchase, the purchase price, and other information
4relative to the purchase of the vehicle. On or before the
5tenth day of each month, the county treasurer or the department
6of transportation shall remit to the department of revenue the
7amount of the fees for new registration collected during the
8preceding month.
9 Sec. 17. Section 321.105A, subsection 3, paragraph a, Code
102020, is amended to read as follows:
11a. A fee for new registration is imposed in an amount equal
12to five dollars plus five percent of the leased price for each
13vehicle subject to registration with a gross vehicle weight
14rating of less than sixteen thousand pounds which is leased
15by a lessor licensed pursuant to chapter 321F for a period of
16twelve months or more. The fee for new registration shall
17be paid by the owner of the vehicle to the county treasurer
18from whom the registration receipt or certificate of title is
19obtained. A registration receipt for a vehicle subject to
20registration or issuance of a certificate of title shall not
21be issued until the fee for new registration is paid in the
22initial instance.
23 Sec. 18. Section 321.109, subsection 1, paragraph a, Code
242020, is amended to read as follows:
25a. The annual fee for all motor vehicles including vehicles
26designated by manufacturers as station wagons, 1993 and
27subsequent model year multipurpose vehicles, and 2010 and
28subsequent model year motor trucks with an unladen weight of
29ten thousand pounds or less, except motor trucks registered
30under section 321.122, business-trade trucks, special trucks,
31motor homes, motorsports recreational vehicles, ambulances,
32hearses, autocycles, motorcycles, motorized bicycles, and 1992
33and older model year multipurpose vehicles, shall be equal
34to one percent of the value as fixed by the department plus
35forty cents for each one hundred pounds or fraction thereof
-17-1of weight of vehicle, as fixed by the department. The weight
2of a motor vehicle, fixed by the department for registration
3purposes, shall include the weight of a battery, heater,
4bumpers, spare tire, and wheel. Provided, however, that for
5any new vehicle purchased in this state by a nonresident
6for removal to the nonresident’s state of residence the
7purchaser may make application to the any county treasurer
8in the county of purchase for a transit plate for which a
9fee of ten dollars shall be paid. And provided, however,
10that for any used vehicle held by a registered dealer and
11not currently registered in this state, or for any vehicle
12held by an individual and currently registered in this state,
13when purchased in this state by a nonresident for removal
14to the nonresident’s state of residence, the purchaser may
15make application to the any county treasurer in the county
16of purchase for a transit plate for which a fee of three
17dollars shall be paid. The county treasurer shall issue a
18nontransferable certificate of registration for which no
19refund shall be allowed; and the transit plates shall be void
20thirty days after issuance. Such purchaser may apply for a
21certificate of title by surrendering the manufacturer’s or
22importer’s certificate or certificate of title, duly assigned
23as provided in this chapter. In this event, the county
24 treasurer in the county of purchase shall, when satisfied
25with the genuineness and regularity of the application, and
26upon payment of a fee of twenty twenty-five dollars, issue a
27certificate of title in the name and address of the nonresident
28purchaser delivering the title to the owner. If there is a
29security interest noted on the title, the county treasurer
30shall mail to the secured party an acknowledgment of the
31notation of the security interest. The county treasurer
32shall not release a security interest that has been noted on
33a title issued to a nonresident purchaser as provided in this
34paragraph. The application requirements of section 321.20
35apply to a title issued as provided in this subsection, except
-18-1that a natural person who applies for a certificate of title
2shall provide either the person’s social security number,
3passport number, or driver’s license number, whether the
4license was issued by this state, another state, or another
5country. The provisions of this subsection relating to
6multipurpose vehicles are effective for all 1993 and subsequent
7model years. The annual registration fee for multipurpose
8vehicles that are 1992 model years and older shall be in
9accordance with section 321.124.
10 Sec. 19. Section 321.109, subsection 3, Code 2020, is
11amended to read as follows:
123. The owner of an unregistered motor vehicle or motor
13vehicle for which the registration is delinquent may make
14application to the any county treasurer of the county of
15residence or, if the unregistered or delinquent motor vehicle
16is purchased by a nonresident of the state, to the county
17treasurer in the county of purchase, for a temporary thirty-day
18permit for a fee of twenty-five dollars. The permit shall
19authorize the motor vehicle to be driven or towed upon the
20highway, but shall not authorize a motor truck or truck tractor
21to haul or tow a load. The permit fee shall not be considered a
22registration fee or exempt the owner from payment of all other
23fees, registration fees, and penalties due. If the annual
24registration fee for the motor vehicle is delinquent, the
25annual registration fee and penalty shall continue to accrue
26until paid. The permit fee shall not be prorated, refunded, or
27used as credit as provided under section 321.46. The permit
28shall be displayed in the upper left-hand corner of the rear
29window of all motor vehicles, except motorcycles. Permits
30issued for a motorcycle shall be attached to the rear of the
31motorcycle.
32 Sec. 20. Section 321.152, subsection 1, paragraphs b, d, and
33f, Code 2020, are amended to read as follows:
34b. Two Seven dollars and fifty cents from each fee collected
35for certificates of title.
-19- 1d. Sixty percent Eleven dollars of all fees each fee
2 collected for perfection of security interests.
3f. One dollar Six dollars from each fee for new registration
4collected pursuant to section 321.105A.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8Under current law, only certain county treasurers are
9allowed to do certain actions relating to motor vehicle
10registration and titling. This bill provides that any county
11treasurer can do any of the following: accept applications for
12and issue registrations and certificates of title to owners
13of vehicles, owners of commercial vehicles, owners of certain
14foreign vehicles, owners of transferred vehicles, owners of
15vehicles with a lost or damaged certificate of title, owners
16of vehicles transferred by law, and nonresident purchasers
17of vehicles; receive forwarded plates from the owner of a
18registered vehicle who has transferred or assigned ownership
19of the vehicle to another person; accept the return of an
20original certificate of title from a lienholder; issue an
21original certificate of title to a new purchaser or transferee
22who presents an assigned replacement copy; receive affidavits
23certifying the sale or transfer of ownership of a vehicle;
24receive registration plates from a vehicle that has been
25transferred by operation of law; issue certificates of title to
26dealers in possession of foreign registered vehicles; receive
27applications for the transfer of registration and certificates
28of title; perfect security interests; accept certificates of
29title, or other forms, noting that a security interest has
30been discharged; receive certificates of title of vehicles
31that have been sold for scrap or junk; accept applications for
32salvage certificates of title; receive certificates of title of
33a wrecked or salvage vehicle; and accept applications and issue
34temporary permits for vehicles that are unregistered or have
35delinquent registration.
-20- 1The bill increases the following fees from $20 to $25:
2applications for registration and issuance of a certificate
3of title for a vehicle, applications for registration and
4issuance of a certificate of title for a commercial vehicle,
5applications for registration of a vehicle failing to meet
6the equipment requirements of Code chapter 321, applications
7for a replacement copy of an original certificate of title,
8applications for a new registration and a new title upon
9transfer, applications for registration and issuance of a
10certificate of title for a vehicle transferred by operation of
11law, and applications for certificate of title to a nonresident
12purchaser.
13The bill increases the following fees from $10 to $15:
14applications by a manufacturer for a certificate of title
15pursuant to Code section 322G.12, applications to perfect
16a security interest in a vehicle by delivery to a county
17treasurer, and applications for the issuance of a salvage
18certificate of title.
19The bill increases the fee for applications for certificates
20of title by a dealer for a foreign registered vehicle from $5
21to $10.
22An application for renewal of registration for a vehicle
23shall be submitted to the county treasurer of the county of the
24owner’s residence, or if a nonresident or a firm association or
25corporation with vehicles in multiple counties, to the county
26treasurer of the county where the primary users of the vehicle
27are located, or if a lessor of the vehicle, to the county
28treasurer of the county of the lessee’s residence.
29The bill amends Code section 321.20(2) by striking the
30current date by which the department of transportation (DOT)
31is required to develop and implement a program to allow for
32electronic applications, titling, registering, and funds
33transfers for vehicles subject to registration. The bill also
34provides that where a transaction occurs under any program
35ultimately developed by the DOT, any required documentation is
-21-1to be electronically submitted to the county treasurer of the
2county of the owner’s residence, or if a nonresident or a firm,
3association, or corporation with vehicles in multiple counties,
4to the county treasurer of the county where the primary users
5of the vehicles are located, or if a lessor of the vehicle, to
6the county treasurer of the county of the lessee’s residence.
7Current law provides that, in addition to the annual
8registration fee, a fee for new registration is imposed
9in the amount of 5 percent of the purchase price for each
10vehicle subject to registration. The bill increases the fee
11by providing that the fee for new registration is $5 plus
125 percent of the purchase price of each vehicle subject to
13registration. Furthermore, the bill increases the fee for
14new registration of leased vehicles by imposing a $5 fee in
15addition to 5 percent of the leased price.
16Lastly, the bill changes the amounts of certain fees a
17county treasurer may retain for deposit in the county general
18fund. The bill provides the treasurer may retain $7.50 from
19each fee collected for certificates of title, $11 from each fee
20collected for perfection of security interests, and $6 from
21each fee for new registration.
-22-mo/ns