House File 870 - IntroducedA Bill ForAn Act 1regarding the registration and titling of motor
2vehicles, including by providing for initial registration
3and titling 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 2021, 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 county
15treasurer of the county where the primary user of the vehicle
16is located,
for the initial 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 initial registration
29and issuance of a certificate of title for all vehicles subject
30to registration 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 2021,
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 initial registrations, and
8funds transfers for vehicles subject to registration in order
9to improve the efficiency and timeliness of the processes and
10to reduce costs for all parties involved. The program shall
11also provide for the electronic submission of any statement
12required by this section, except where prohibited by federal
13law.
   143.  The department shall adopt rules on pursuant to chapter
1517A to administer this section, including rules relating to
the
16method for providing signatures for applications and statements
17required by this section that are made by electronic means.
   184.  Notwithstanding this section or any other provision of
19law to the contrary, if the program required by subsection
202 is not implemented by July 1, 2019, an owner of a vehicle
21subject to registration may apply to the county treasurer of a
22county contiguous to the county designated for the owner under
23subsection 1 for registration and issuance of a certificate of
24title.
25   Sec. 3.  Section 321.20A, subsection 1, Code 2021, is amended
26to read as follows:
   271.  Notwithstanding other provisions of this chapter,
28the owner of a commercial vehicle subject to the apportioned
29registration provisions of chapter 326 may make application
30to the department or the appropriate any county treasurer
31for a certificate of title. The owner of a commercial
32vehicle purchased pursuant to section 578A.7 shall present
33documentation that such sale was completed in compliance with
34that section. The application for certificate of title shall
35be made within thirty days of purchase or transfer and shall
-2-1be accompanied by a twenty dollar twenty-five-dollar title fee
2and the appropriate fee for new registration. The department
3or the county treasurer shall deliver the certificate of title
4to the owner if there is no security interest. If there is a
5security interest, the title, when issued, shall be delivered
6to the first secured party. Delivery may be made using
7electronic means.
8   Sec. 4.  Section 321.23, subsections 3 and 4, Code 2021, are
9amended to read as follows:
   103.  In the event an applicant for initial registration of
11a foreign vehicle for which a certificate of title has been
12issued is able to furnish evidence of being the registered
13owner of the vehicle to the any county treasurer of the owner’s
14residence
, although unable to surrender such certificate
15of title, the county treasurer may issue a registration
16receipt and plates upon receipt of the required annual
17registration fee and the fee for new registration but shall
18not issue a certificate of title thereto. Upon surrender of
19the certificate of title from the foreign state, the county
20treasurer shall issue a certificate of title to the owner,
21or person entitled thereto, of such vehicle as provided in
22this chapter. The owner of a vehicle registered under this
23subsection shall not be required to obtain a certificate of
24title in this state and may transfer ownership of the vehicle
25to a motor vehicle dealer licensed under chapter 322 if, at the
26time of the transfer, the certificate of title is held by a
27secured party and the dealer has forwarded to the secured party
28the sum necessary to discharge the security interest pursuant
29to section 321.48, subsection 1.
   304.  A vehicle which does not meet the equipment requirements
31of this chapter due to the particular use for which it is
32designed or intended, may be registered by the department
33upon payment of appropriate fees and after inspection and
34certification by the department that the vehicle is not
35in an unsafe condition. A person is not required to have
-3-1a certificate of title to register a vehicle under this
2subsection. If the owner elects to have a certificate of
3title issued for the vehicle, a fee of twenty twenty-five
4 dollars shall be paid by the person making the application
5upon issuance of a certificate of title. If the department’s
6inspection reveals that the vehicle may be safely operated only
7under certain conditions or on certain types of roadways, the
8department may restrict the registration to limit operation of
9the vehicle to the appropriate conditions or roadways. This
10subsection does not apply to snowmobiles as defined in section
11321G.1. Section 321.382 does not apply to a vehicle registered
12under this subsection which is operated exclusively by a person
13with a disability who has obtained a persons with disabilities
14parking permit as provided in section 321L.2, if the persons
15with disabilities parking permit is carried in or on the
16vehicle and shown to a peace officer on request.
17   Sec. 5.  Section 321.25, subsection 1, Code 2021, is amended
18to read as follows:
   191.  A vehicle may be operated upon the highways of this
20state without registration plates for a period of forty-five
21days after the date of delivery of the vehicle to the purchaser
22from a dealer if a card bearing the words “registration applied
23for” is attached on the rear of the vehicle. The card shall
24have plainly stamped or stenciled the registration number of
25the dealer from whom the vehicle was purchased and the date
26of delivery of the vehicle. In addition, a dealer licensed
27to sell new motor vehicles may attach the card to a new motor
28vehicle delivered by the dealer to the purchaser even if the
29vehicle was purchased from an out-of-state dealer and the card
30shall bear the registration number of the dealer that delivered
31the vehicle. A dealer shall not issue a card to a person known
32to the dealer to be in possession of registration plates which
33may be attached to the vehicle. A dealer shall not issue a card
34unless an application for initial registration and certificate
35of title has been made by the purchaser and a receipt issued to
-4-1the purchaser of the vehicle showing the fee paid by the person
2making the application. Dealers’ records shall indicate the
3agency to which the fee is sent and the date the fee is sent.
4The dealer shall forward the application by the purchaser to
5the county treasurer or state office within thirty calendar
6days from the date of delivery of the vehicle. However, if the
7vehicle is subject to a security interest and has been offered
8for sale pursuant to section 321.48, subsection 1, the dealer
9shall forward the application by the purchaser to the county
10treasurer or state office within thirty calendar days from the
11date of the delivery of the vehicle to the purchaser.
12   Sec. 6.  Section 321.29, Code 2021, is amended to read as
13follows:
   14321.29  Renewal not permitted.
   15Any vehicle once registered in the state and by removal no
16longer subject to registration in this state, shall upon being
17returned to this state and subject to registration be again
 18initially registered in accordance with section 321.20.
19   Sec. 7.  Section 321.34, subsection 1, Code 2021, is amended
20to read as follows:
   211.  Plates issued.  The county treasurer upon receiving
22application, accompanied by proper fee, for registration of a
23vehicle shall issue to the owner one registration plate for
24a motorcycle, motorized bicycle, autocycle, truck tractor,
25trailer, or semitrailer and two registration plates for every
26other motor vehicle. The registration plates, including
27special registration plates, shall be assigned to the owner of
28a vehicle. When the owner of a registered vehicle transfers
29or assigns ownership of the vehicle to another person, the
30owner shall remove the registration plates from the vehicle.
31The owner shall forward the plates to the any county treasurer
32where the vehicle is registered or the owner may have the
33plates assigned to another vehicle within thirty days after
34transfer, upon payment of the fees required by law. The
35owner shall immediately affix registration plates retained
-5-1by the owner to another vehicle owned or acquired by the
2owner, providing the owner complies with section 321.46. The
3department shall adopt rules providing for the assignment of
4registration plates to the transferee of a vehicle for which a
5credit is allowed under section 321.46, subsection 6.
6   Sec. 8.  Section 321.40, subsection 1, Code 2021, is amended
7to read as follows:
   81.  Application for renewal for a vehicle registered under
9this chapter shall be made on or after the first day of the
10month prior to the month of expiration of registration and up
11to and including the last day of the month following the month
12of expiration of registration. The application for renewal
13shall be submitted to the county treasurer of the county of
14the owner’s residence; or if a nonresident, to the county
15treasurer of the county where the primary users of the vehicle
16are located; or if a lessor of the vehicle pursuant to chapter
17321F which has a gross vehicle weight of less than ten thousand
18pounds, to the county treasurer of the county of the lessee’s
19residence; or if a firm, association, or corporation with
20vehicles in multiple counties, to the county treasurer of the
21county where the primary user of the vehicle is located.
The
22registration shall be renewed upon payment of the appropriate
23annual registration fee. Application for renewal for a vehicle
24registered under chapter 326 shall be made on or after the
25first day of the month prior to the month of expiration of
26registration and up to and including the last day of the month
27of expiration of registration.
28   Sec. 9.  Section 321.42, subsection 2, paragraphs a, c, and
29d, Code 2021, are amended to read as follows:
   30a.  If a certificate of title is lost or destroyed, the
31owner or lienholder shall apply for a replacement copy of the
32original certificate of title. The owner or lienholder of a
33motor vehicle may also apply for a replacement copy of the
34original certificate of title upon surrender of the original
35certificate of title with the application. The application
-6-1shall be made to the department or any county treasurer who
2issued the original certificate of title
. The application
3shall be signed by the owner or lienholder and accompanied by a
4fee of twenty twenty-five dollars.
   5c.  If a security interest noted on the face of an original
6certificate of title was released by the lienholder on a
7separate form pursuant to section 321.50, subsection 5, and
8the signature of the lienholder, or the person executing the
9release on behalf of the lienholder, is notarized, but the
10lienholder has not delivered the original certificate to the
11appropriate party as provided in section 321.50, subsection 5,
12the owner may apply for and receive a replacement certificate
13of title without the released security interest noted thereon.
14The lienholder shall return the original certificate of title
15to the department or to the any county treasurer of the county
16where the title was issued
.
   17d.  A new purchaser or transferee is entitled to receive
18an original title upon presenting the assigned replacement
19copy to the any county treasurer of the county where the new
20purchaser or transferee resides
. At the time of purchase, a
21purchaser may require the seller to indemnify the purchaser and
22all future purchasers of the vehicle against any loss which
23may be suffered due to claims on the original certificate. A
24person recovering an original certificate of title for which
25a replacement has been issued shall surrender the original
26certificate to the county treasurer or the department.
27   Sec. 10.  Section 321.46, subsections 1, 2, and 5, Code 2021,
28are amended to read as follows:
   291.  The transferee shall, within thirty calendar days after
30purchase or transfer, apply for and obtain from the any county
31treasurer of the person’s residence, or if a nonresident, the
32county treasurer of the county where the primary users of the
33vehicle are located or the county where all other vehicles
34owned by the nonresident are registered, or in the case of a
35mobile home or manufactured home, the county treasurer of the
-7-1county where the mobile home or manufactured home is located,
2or if a firm, association, or corporation with vehicles in
3multiple counties, the transferee may apply for and obtain from
4the county treasurer of the county where the primary user of
5the vehicle is located,
a new initial registration and a new
6certificate of title for the vehicle, except as provided in
7section 321.25, 321.48, or 322G.12, or when the transferee
8obtains the vehicle pursuant to section 321.52, subsection 2,
9paragraph “b”In the case of a mobile home or manufactured
10home, the transferee shall, within thirty calendar days after
11purchase or transfer, apply for and obtain from the county
12treasurer of the county where the mobile home or manufactured
13home is located a new certificate of title.
The transferee
14shall present with the application the certificate of title
15endorsed and assigned by the previous owner and shall indicate
16the name of the county in which the vehicle was last registered
17and the registration expiration date.
   182.  Upon filing the application for a new initial
19 registration and a new title, the applicant shall pay a title
20fee of twenty twenty-five dollars, an annual registration fee
21prorated for the remaining unexpired months of the registration
22year, and a fee for new registration if applicable. A
23manufacturer applying for a certificate of title pursuant
24to section 322G.12 shall pay a title fee of ten fifteen
25 dollars. However, a title fee shall not be charged to a
26manufactured or mobile home retailer applying for a certificate
27of title for a used mobile home or manufactured home, titled
28in Iowa, as required under section 321.45, subsection 4.
29The county treasurer, if satisfied of the genuineness and
30regularity of the application, and in the case of a mobile
31home or manufactured home, that taxes are not owing under
32chapter 435, and that applicant has complied with all the
33requirements of this chapter, shall issue a new certificate
34of title and, except for a mobile home, manufactured home,
35or a vehicle returned to and accepted by a manufacturer as
-8-1described in section 322G.12, a registration card to the
2purchaser or transferee, shall cancel the prior registration
3for the vehicle, and shall forward the necessary copies to the
4department on the date of issuance, as prescribed in section
5321.24. Mobile homes or manufactured homes titled under
6chapter 448 that have been subject under section 446.18 to a
7public bidder sale in a county shall be titled in the county’s
8name, with no fee, and the county treasurer shall issue the
9title.
   105.  The seller or transferor may file an affidavit on
11forms prescribed and provided by the department with the any
12 county treasurer of the county where the vehicle is registered
13 certifying the sale or transfer of ownership of the vehicle
14and the assignment and delivery of the certificate of title
15for the vehicle. Upon receipt of the affidavit, the county
16treasurer shall file the affidavit with the copy of the
17registration receipt for the vehicle on file in the treasurer’s
18office and on that day the treasurer shall note receipt of the
19affidavit in the vehicle registration and titling system. Upon
20filing the affidavit, it shall be presumed that the seller or
21transferor has assigned and delivered the certificate of title
22for the vehicle. For a leased vehicle, the lessor licensed
23pursuant to chapter 321F or the lessee may file an affidavit
24as provided in this subsection certifying that the lease has
25expired or been terminated and the date that the leased vehicle
26was surrendered to the lessor.
27   Sec. 11.  Section 321.47, subsections 1 and 3, Code 2021, are
28amended to read as follows:
   291.  If ownership of a vehicle is transferred by operation of
30law upon inheritance, devise or bequest, dissolution decree,
31order in bankruptcy, insolvency, replevin, foreclosure or
32execution sale, abandoned vehicle sale, or when the engine of a
33motor vehicle is replaced by another engine, or a vehicle is
34sold or transferred to satisfy an artisan’s lien as provided
35in chapter 577, a landlord’s lien as provided in chapter 570,
-9-1a self-service storage facility lien as provided in section
2578A.7, a storage lien as provided in chapter 579, a judgment
3in an action for abandonment of a manufactured or mobile home
4as provided in chapter 555B, upon presentation of an affidavit
5relating to the disposition of a valueless mobile, modular, or
6manufactured home as provided in chapter 555C, or repossession
7is had upon default in performance of the terms of a security
8agreement, the any county treasurer in the transferee’s county
9of residence
or, in the case of a mobile home or manufactured
10home, the county treasurer of the county where the mobile home
11or manufactured home is located, upon the surrender of the
12prior certificate of title or the manufacturer’s or importer’s
13certificate, or when that is not possible, upon presentation
14of satisfactory proof to the county treasurer of ownership
15and right of possession to the vehicle and upon payment of a
16fee of twenty twenty-five dollars and the presentation of an
17application for initial registration and certificate of title,
18may issue to the applicant a registration card for the vehicle
19and a certificate of title to the vehicle. A person entitled
20to ownership of a vehicle under a decree of dissolution shall
21surrender a reproduction of a certified copy of the dissolution
22and upon fulfilling the other requirements of this chapter is
23entitled to a certificate of title and registration receipt
24issued in the person’s name.
   253.  Whenever ownership of a vehicle is transferred under the
26provisions of this section, the registration plates shall be
27removed and forwarded to the any county treasurer of the county
28where the vehicle is registered
or to the department if the
29vehicle is owned by a nonresident. Upon transfer the vehicle
30shall not be operated upon the highways of this state until the
31person entitled to possession of the vehicle applies for and
32obtains initial registration for the vehicle.
33   Sec. 12.  Section 321.48, subsection 2, Code 2021, is amended
34to read as follows:
   352.  A foreign registered vehicle purchased or otherwise
-10-1acquired by a dealer for the purpose of resale shall be issued
2a certificate of title for the vehicle by the any county
3treasurer of the dealer’s residence upon proper application
4as provided in this chapter and upon payment of a fee of five
5
 ten dollars and the dealer is exempt from the payment of any
6and all registration fees for the vehicle. The application
7for certificate of title shall be made within thirty days
8after the vehicle comes within the border of the state.
9However, a dealer acquiring a vehicle registered in another
10state which permits Iowa dealers to reassign that state’s
11certificates of title shall not be required to obtain a new
12initial registration or a new certificate of title and upon
13transferring title or interest to another person shall execute
14an assignment upon the certificate of title for the vehicle
15to the person to whom the transfer is made and deliver the
16assigned certificate of title to the person.
17   Sec. 13.  Section 321.49, subsection 1, Code 2021, is amended
18to read as follows:
   191.  Except as provided in section 321.52, if an application
20for transfer of registration and certificate of title is not
21submitted to the any county treasurer of the residence of
22the transferee
within thirty days of the date of assignment
23or transfer of title, or within thirty days of the date of
24delivery to the purchaser if the vehicle is subject to a
25security interest and was offered for sale pursuant to section
26321.48, subsection 1, a penalty of ten dollars shall accrue
27against the applicant, and no registration card or certificate
28of title shall be issued to the applicant for the vehicle until
29the penalty is paid.
30   Sec. 14.  Section 321.50, subsection 1, Code 2021, is amended
31to read as follows:
   321.  A security interest in a vehicle subject to registration
33under the laws of this state or a mobile home or manufactured
34home
, except trailers whose empty weight is two thousand
35pounds or less, and except new or used vehicles held by a
-11-1dealer or manufacturer as inventory for sale, is perfected by
2the delivery to the any county treasurer of the county where
3the certificate of title was issued or, in the case of a new
4certificate, to the county treasurer where the certificate will
5be issued,
of an application for certificate of title which
6lists the security interest, or an application for notation
7of security interest signed by the owner or by one owner of
8a vehicle owned jointly by more than one person, or signed
9through electronic means as determined by the department, or a
10certificate of title from another jurisdiction which shows the
11security interest, and payment of a fee of ten fifteen dollars
12for each security interest shown. The security interest in a
13mobile home or manufactured home is perfected by the delivery
14to the county treasurer of the county where the certificate
15of title was issued or, in the case of a new certificate, to
16the county treasurer where the certificate will be issued,
17of an application for certificate of title which lists the
18security interest, or an application for notation of security
19interest signed by the owner or by one owner when owned jointly
20by more than one person, or signed through electronic means
21as determined by the department, or a certificate of title
22from another jurisdiction which shows the security interest,
23and payment of a fee of fifteen dollars for each security
24interest shown.
The department shall require the federal
25employer identification number of a secured party who is a
26firm, association, or corporation or, if a natural person,
27the social security number. Upon delivery of the application
28and payment of the fee, the county treasurer shall note the
29date of delivery on the application. If the delivery is by
30electronic means and the time is electronically recorded on the
31application along with the date, the time shall be included
32with the date on all subsequent documents and records where the
33date of perfection is required under this chapter. The date
34of delivery shall be the date of perfection of the security
35interest in the vehicle, regardless of the date the security
-12-1interest is noted on the certificate of title. Up to three
2security interests may be perfected against a vehicle and shown
3on an Iowa certificate of title. If the owner or secured party
4is in possession of the certificate of title, it must also be
5delivered at this time. If a vehicle is subject to a security
6interest when brought into this state, the validity of the
7security interest and the date of perfection is determined by
8section 554.9303. Delivery as provided in this subsection
9constitutes perfection of a security interest on a certificate
10of title for purposes of this chapter and chapter 554.
11   Sec. 15.  Section 321.50, subsection 5, paragraphs a and c,
12Code 2021, are amended to read as follows:
   13a.  When a security interest is discharged, the holder
14shall note a cancellation of the security interest on the
15face of the certificate of title over the holder’s signature
16or may note the cancellation of the security interest on a
17separate, notarized release form or letter. The holder shall
18deliver the certificate of title and the form or letter, if
19applicable, to the any county treasurer where the title was
20issued
. In the case of a security interest that has been
21delivered by electronic means, the holder shall notify the
22department or the county treasurer, in a manner prescribed
23by the department, of the release of the security interest.
24The county treasurer shall immediately note the cancellation
25of the security interest on the face of the certificate of
26title, if applicable, and in the county records system. The
27county treasurer shall on the same day deliver the certificate
28of title, if applicable, and the separate, notarized release
29form or letter, if applicable, to the then first secured party
30or, if there is no such person, to the person as directed by
31the owner, in writing, on a form prescribed by the department
32or, if there is no person designated, then to the owner. The
33cancellation of the security interest shall be noted on the
34certificate of title by the county treasurer without charge.
35The holder of a security interest discharged by payment who
-13-1fails to release the security interest within fifteen days
2after being requested in writing to do so shall forfeit to the
3person making the payment the sum of twenty-five dollars.
   4c.  When a security interest is discharged, the lienholder
5shall note the cancellation of the security interest on the
6face of the title and, if applicable, may note the cancellation
7of the security interest on a form prescribed by the department
8and deliver a copy of the form in lieu of the title to the
9department or to the any county treasurer of the county in
10which the title was issued
. The form may be delivered by
11electronic means. The department or county treasurer shall
12note the release of the security interest upon the statewide
13computer system and the county’s records. A copy of the form,
14if used, shall be attached to the title by the lienholder, if
15the title is held by the lienholder, and shall be evidence of
16the release of the security interest. If the title is held
17by the lienholder, the lienholder shall deliver the title to
18the first lienholder, or if there is no such person, to the
19person as designated by the owner, or if there is no such
20person designated, to the owner. If a certificate of title
21has not been issued, upon release of a security interest, the
22lienholder shall notify the department or the county treasurer,
23in a manner prescribed by the department, of the release of the
24security interest.
25   Sec. 16.  Section 321.52, subsection 2, paragraph a, Code
262021, is amended to read as follows:
   27a.  The purchaser or transferee of a motor vehicle subject to
28registration for which a certificate of title is issued which
29is sold for scrap or junk shall surrender the certificate of
30title, properly endorsed and signed by the previous owner, to
31the any county treasurer of the county of residence of the
32transferee
, and shall apply for a junking certificate from the
33county treasurer, within thirty days after assignment of the
34certificate of title, except when the vehicle is disposed of
35pursuant to paragraph “b”. The county treasurer shall issue
-14-1to such person without fee a junking certificate. A junking
2certificate shall authorize the holder to possess, transport,
3or transfer by endorsement the ownership of the junked vehicle.
4A certificate of title shall not again be issued for the
5vehicle subsequent to the issuance of a junking certificate
6except as provided in subsection 3. The county treasurer shall
7cancel the record of the vehicle. The junking certificate
8shall be printed on the registration receipt form and shall be
9imprinted with the words “junking certificate”, as prescribed
10by the department. A space for transfer by endorsement
11shall be on the junking certificate. A separate form for the
12notation of the transfer of component parts shall be attached
13to the junking certificate when the certificate is issued.
14   Sec. 17.  Section 321.52, subsection 4, paragraphs a and b,
15Code 2021, are amended to read as follows:
   16a.  Notwithstanding any other provision of law to the
17contrary, an insurer may apply for and be issued a salvage
18certificate of title for a motor vehicle without surrendering
19the certificate of title or manufacturer’s or importer’s
20statement of origin properly assigned if ownership of the
21vehicle was transferred, or will transfer, to the insurer
22pursuant to a settlement with the previous owner of the vehicle
23arising from circumstances involving damage to the vehicle,
24and at least thirty days have expired since the effective
25date of such settlement. To obtain a salvage certificate
26of title pursuant to this paragraph “a”, the insurer shall
27submit an application for a salvage certificate of title to
28the any county treasurer of the county in which the vehicle
29is stored by or on behalf of the insurer
. The application
30shall be accompanied by an affidavit from the insurer in
31which the insurer certifies it has made at least two written
32attempts to obtain a properly assigned certificate of title
33or manufacturer’s or importer’s statement of origin for the
34vehicle by contacting the previous owner of the vehicle and all
35lienholders of record by certified mail or a similar service
-15-1that provides proof of service using a return receipt, and
2has been unable to obtain the title or statement of origin.
3The failure of a previous owner or lienholder to provide a
4properly assigned certificate of title or manufacturer’s or
5importer’s statement of origin shall be deemed to be a waiver
6by the previous owner or lienholder of all rights, title,
7claim, and interest in the vehicle. The application shall also
8be accompanied by the application fee required under paragraph
9“b”, and proof of payment of the total amount of the settlement
10by the insurer to the previous owner of the vehicle. Upon
11receiving an application that complies with this paragraph “a”,
12the county treasurer shall issue a salvage certificate of title
13to the insurer which shall be free and clear of all liens and
14claims of ownership and shall bear the word “SALVAGE” stamped
15or printed on the face of the title in a manner prescribed by
16the department.
   17b.  A vehicle rebuilder or a person engaged in the business
18of buying, selling, or exchanging vehicles of a type required
19to be registered in this state, upon acquisition of a wrecked
20or salvage vehicle, shall surrender the certificate of
21title or manufacturer’s or importer’s statement of origin
22properly assigned, together with an application for a salvage
23certificate of title, to the any county treasurer of the county
24of residence of the purchaser or transferee
within thirty days
25after the date of assignment of the certificate of title for
26the wrecked or salvage motor vehicle. This subsection applies
27only to vehicles with a fair market value of five hundred
28dollars or more, based on the value before the vehicle became
29wrecked or salvage. Upon payment of a fee of ten fifteen
30 dollars, the county treasurer shall issue a salvage certificate
31of title which shall bear the word “SALVAGE” stamped or
32printed on the face of the title in a manner prescribed by the
33department. A salvage certificate of title may be assigned
34to an educational institution, a new motor vehicle dealer
35licensed under chapter 322, a person engaged in the business
-16-1of purchasing bodies, parts of bodies, frames or component
2parts of vehicles for sale as scrap metal, a salvage pool, or
3an authorized vehicle recycler licensed under chapter 321H. An
4authorized vehicle recycler licensed under chapter 321H or a
5new motor vehicle dealer licensed under chapter 322 may assign
6or reassign an Iowa salvage certificate of title or a salvage
7certificate of title from another state to any person, and the
8provisions of section 321.24, subsection 5, requiring issuance
9of an Iowa salvage certificate of title shall not apply. A
10vehicle on which ownership has transferred to an insurer of
11the vehicle as a result of a settlement with the owner of the
12vehicle arising out of damage to, or unrecovered theft of, the
13vehicle shall be deemed to be a wrecked or salvage vehicle
14and the insurer shall comply with this subsection to obtain a
15salvage certificate of title within thirty days after the date
16of assignment of the certificate of title of the vehicle.
17   Sec. 18.  Section 321.105A, subsection 2, unnumbered
18paragraph 1, Code 2021, is amended to read as follows:
   19In addition to the annual registration fee required under
20section 321.105, a “fee for new registration” is imposed in
21the amount of five dollars plus five percent of the purchase
22price for each vehicle subject to registration. The fee for
23new registration shall be paid by the owner of the vehicle to
24the county treasurer at the time application is made for a new
25initial registration and certificate of title, if applicable.
26A new registration receipt shall not be issued until the
27fee has been paid. The county treasurer or the department
28of transportation shall require every applicant for a new
29registration receipt for a vehicle subject to registration to
30supply information as the county treasurer or the director
31deems necessary as to the time of purchase, the purchase
32price, and other information relative to the purchase of the
33vehicle. On or before the tenth day of each month, the county
34treasurer or the department of transportation shall remit
35to the department of revenue the amount of the fees for new
-17-1registration collected during the preceding month.
2   Sec. 19.  Section 321.105A, subsection 3, paragraph a, Code
32021, is amended to read as follows:
   4a.  A fee for new registration is imposed in an amount equal
5to five dollars plus five percent of the leased price for each
6vehicle subject to registration with a gross vehicle weight
7rating of less than sixteen thousand pounds which is leased
8by a lessor licensed pursuant to chapter 321F for a period of
9twelve months or more. The fee for new registration shall
10be paid by the owner of the vehicle to the county treasurer
11from whom the registration receipt or certificate of title is
12obtained. A registration receipt for a vehicle subject to
13registration or issuance of a certificate of title shall not
14be issued until the fee for new registration is paid in the
15initial instance.
16   Sec. 20.  Section 321.109, subsection 1, paragraph a, Code
172021, is amended to read as follows:
   18a.  The annual fee for all motor vehicles including vehicles
19designated by manufacturers as station wagons, 1993 and
20subsequent model year multipurpose vehicles, and 2010 and
21subsequent model year motor trucks with an unladen weight of
22ten thousand pounds or less, except motor trucks registered
23under section 321.122, business-trade trucks, special trucks,
24motor homes, motorsports recreational vehicles, ambulances,
25hearses, autocycles, motorcycles, motorized bicycles, and 1992
26and older model year multipurpose vehicles, shall be equal
27to one percent of the value as fixed by the department plus
28forty cents for each one hundred pounds or fraction thereof
29of weight of vehicle, as fixed by the department. The weight
30of a motor vehicle, fixed by the department for registration
31purposes, shall include the weight of a battery, heater,
32bumpers, spare tire, and wheel. Provided, however, that for
33any new vehicle purchased in this state by a nonresident
34for removal to the nonresident’s state of residence the
35purchaser may make application to the any county treasurer
-18-1in the county of purchase for a transit plate for which a
2fee of ten dollars shall be paid. And provided, however,
3that for any used vehicle held by a registered dealer and
4not currently registered in this state, or for any vehicle
5held by an individual and currently registered in this state,
6when purchased in this state by a nonresident for removal
7to the nonresident’s state of residence, the purchaser may
8make application to the any county treasurer in the county
9of purchase
for a transit plate for which a fee of three
10dollars shall be paid. The county treasurer shall issue a
11nontransferable certificate of registration for which no
12refund shall be allowed; and the transit plates shall be void
13thirty days after issuance. Such purchaser may apply for a
14certificate of title by surrendering the manufacturer’s or
15importer’s certificate or certificate of title, duly assigned
16as provided in this chapter. In this event, the county
17 treasurer in the county of purchase shall, when satisfied
18with the genuineness and regularity of the application, and
19upon payment of a fee of twenty twenty-five dollars, issue a
20certificate of title in the name and address of the nonresident
21purchaser delivering the title to the owner. If there is a
22security interest noted on the title, the county treasurer
23shall mail to the secured party an acknowledgment of the
24notation of the security interest. The county treasurer
25shall not release a security interest that has been noted on
26a title issued to a nonresident purchaser as provided in this
27paragraph. The application requirements of section 321.20
28apply to a title issued as provided in this subsection, except
29that a natural person who applies for a certificate of title
30shall provide either the person’s social security number,
31passport number, or driver’s license number, whether the
32license was issued by this state, another state, or another
33country. The provisions of this subsection relating to
34multipurpose vehicles are effective for all 1993 and subsequent
35model years. The annual registration fee for multipurpose
-19-1vehicles that are 1992 model years and older shall be in
2accordance with section 321.124.
3   Sec. 21.  Section 321.109, subsection 3, Code 2021, is
4amended to read as follows:
   53.  The owner of an unregistered motor vehicle or motor
6vehicle for which the registration is delinquent may make
7application to the any county treasurer of the county of
8residence or, if the unregistered or delinquent motor vehicle
9is purchased by a nonresident of the state, to the county
10treasurer in the county of purchase,
for a temporary thirty-day
11permit for a fee of twenty-five dollars. The permit shall
12authorize the motor vehicle to be driven or towed upon the
13highway, but shall not authorize a motor truck or truck tractor
14to haul or tow a load. The permit fee shall not be considered a
15registration fee or exempt the owner from payment of all other
16fees, registration fees, and penalties due. If the annual
17registration fee for the motor vehicle is delinquent, the
18annual registration fee and penalty shall continue to accrue
19until paid. The permit fee shall not be prorated, refunded, or
20used as credit as provided under section 321.46. The permit
21shall be displayed in the upper left-hand corner of the rear
22window of all motor vehicles, except motorcycles. Permits
23issued for a motorcycle shall be attached to the rear of the
24motorcycle.
25   Sec. 22.  Section 321.126, subsection 1, paragraph g, Code
262021, is amended to read as follows:
   27g.  If the vehicle was leased and an affidavit was filed
28by the lessor or the lessee as provided in section 321.46,
29the lessor or the lessee, as applicable, may make a claim for
30a refund with the county treasurer of the county where the
31vehicle was registered within six months of the vehicle’s
32surrender to the lessor. The refund shall be paid to either
33the lessor or the lessee, as specified on the application for
34title and initial registration pursuant to section 321.20.
35   Sec. 23.  Section 321.152, subsection 1, paragraphs b, d, and
-20-1f, Code 2021, are amended to read as follows:
   2b.  Two Seven dollars and fifty cents from each fee collected
3for certificates of title.
   4d.  Sixty percent Eleven dollars of all fees each fee
5 collected for perfection of security interests.
   6f.  One dollar Six dollars from each fee for new registration
7collected pursuant to section 321.105A.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
   11Under current law, only certain county treasurers are
12allowed to do certain actions relating to motor vehicle
13registration and titling. This bill provides that any county
14treasurer can do any of the following: accept applications
15for initial registration and issue initial registrations
16and certificates of title to owners of vehicles, owners of
17commercial vehicles, owners of certain foreign vehicles,
18owners of transferred vehicles, owners of vehicles with a
19lost or damaged certificate of title, owners of vehicles
20transferred by law, and nonresident purchasers of vehicles;
21receive forwarded plates from the owner of a registered vehicle
22who has transferred or assigned ownership of the vehicle to
23another person; accept the return of an original certificate
24of title from a lienholder; issue an original certificate of
25title to a new purchaser or transferee who presents an assigned
26replacement copy; receive affidavits certifying the sale or
27transfer of ownership of a vehicle; receive registration plates
28from a vehicle that has been transferred by operation of law;
29issue certificates of title to dealers in possession of foreign
30registered vehicles; receive applications for the transfer
31of registration and certificates of title; perfect security
32interests; accept certificates of title, or other forms,
33noting that a security interest has been discharged; receive
34certificates of title of vehicles that have been sold for scrap
35or junk; accept applications for salvage certificates of title;
-21-1receive certificates of title of a wrecked or salvage vehicle;
2and accept applications and issue temporary permits for
3vehicles that are unregistered or have delinquent registration.
   4The bill increases the following fees from $20 to $25:
5applications for initial registration and issuance of a
6certificate of title for a vehicle, applications for initial
7registration and issuance of a certificate of title for a
8commercial vehicle, applications for initial registration
9of a vehicle failing to meet the equipment requirements of
10Code chapter 321, applications for a replacement copy of an
11original certificate of title, applications for a new initial
12registration and a new title upon transfer, applications for
13initial registration and issuance of a certificate of title for
14a vehicle transferred by operation of law, and applications for
15certificate of title to a nonresident purchaser.
   16The bill increases the following fees from $10 to $15:
17applications by a manufacturer for a certificate of title
18pursuant to Code section 322G.12, applications to perfect
19a security interest in a vehicle by delivery to a county
20treasurer, and applications for the issuance of a salvage
21certificate of title.
   22The bill increases the fee for applications for certificates
23of title by a dealer for a foreign registered vehicle from $5
24to $10.
   25An application for renewal of registration for a vehicle
26shall be submitted to the county treasurer of the county of the
27owner’s residence, or if a nonresident or a firm association or
28corporation with vehicles in multiple counties, to the county
29treasurer of the county where the primary users of the vehicle
30are located, or if a lessor of the vehicle, to the county
31treasurer of the county of the lessee’s residence. However,
32the bill does not change the requirement under Code section
33321.166 that every registration plate issued by a county
34treasurer must display the name of the county where the plate
35is issued. Under the bill, a person may register a vehicle
-22-1other than by renewal in any county.
   2The bill amends Code section 321.20(2) by striking the
3current date by which the department of transportation (DOT)
4is required to develop and implement a program to allow for
5electronic applications, titling, initial registrations, and
6funds transfers for vehicles subject to registration.
   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
20fee collected for perfection of security interests, and $6
21from each fee for new registration. The bill makes conforming
22changes to Code sections 321.25, 321.29, and 321.126.
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