Senate File 380 - 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 2023, 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
25with that section. The application shall be accompanied by
26a fee of twenty thirty 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 2023,
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 2023, 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 be
-2-1accompanied by a twenty dollar thirty-dollar title fee and the
2appropriate fee for new registration. The department or the
3county treasurer shall deliver the certificate of title to the
4owner if there is no security interest. If there is a security
5interest, the title, when issued, shall be delivered to the
6first secured party. Delivery may be made using electronic
7means.
8   Sec. 4.  Section 321.23, subsections 3 and 4, Code 2023, 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 or an
26insurance carrier authorized to do business in this state
27if, at the time of the transfer, the certificate of title is
28held by a secured party and the dealer or insurance carrier,
29as applicable, has forwarded to the secured party the sum
30necessary to discharge the security interest pursuant to
31section 321.48, subsection 1.
   324.  A vehicle which does not meet the equipment requirements
33of this chapter due to the particular use for which it is
34designed or intended, may be registered by the department
35upon payment of appropriate fees and after inspection and
-3-1certification by the department that the vehicle is not
2in an unsafe condition. A person is not required to have
3a certificate of title to register a vehicle under this
4subsection. If the owner elects to have a certificate of title
5issued for the vehicle, a fee of twenty thirty dollars shall be
6paid by the person making the application upon issuance of a
7certificate of title. If the department’s inspection reveals
8that the vehicle may be safely operated only under certain
9conditions or on certain types of roadways, the department may
10restrict the registration to limit operation of the vehicle to
11the appropriate conditions or roadways. This subsection does
12not apply to snowmobiles as defined in section 321G.1. Section
13321.382 does not apply to a vehicle registered under this
14subsection which is operated exclusively by a person with a
15disability who has obtained a persons with disabilities parking
16permit as provided in section 321L.2, if the persons with
17disabilities parking permit is carried in or on the vehicle and
18shown to a peace officer on request.
19   Sec. 5.  Section 321.25, subsection 1, Code 2023, is amended
20to read as follows:
   211.  A vehicle may be operated upon the highways of this
22state without registration plates for a period of forty-five
23days after the date of delivery of the vehicle to the purchaser
24from a dealer if a card bearing the words “registration applied
25for” is attached on the rear of the vehicle. The card shall
26have plainly stamped or stenciled the registration number of
27the dealer from whom the vehicle was purchased and the date
28of delivery of the vehicle. In addition, a dealer licensed
29to sell new motor vehicles may attach the card to a new motor
30vehicle delivered by the dealer to the purchaser even if the
31vehicle was purchased from an out-of-state dealer and the card
32shall bear the registration number of the dealer that delivered
33the vehicle. A dealer shall not issue a card to a person known
34to the dealer to be in possession of registration plates which
35may be attached to the vehicle. A dealer shall not issue a card
-4-1unless an application for initial registration and certificate
2of title has been made by the purchaser and a receipt issued to
3the purchaser of the vehicle showing the fee paid by the person
4making the application. Dealers’ records shall indicate the
5agency to which the fee is sent and the date the fee is sent.
6The dealer shall forward the application by the purchaser to
7the county treasurer or state office within thirty calendar
8days from the date of delivery of the vehicle. However, if the
9vehicle is subject to a security interest and has been offered
10for sale pursuant to section 321.48, subsection 1, the dealer
11shall forward the application by the purchaser to the county
12treasurer or state office within thirty calendar days from the
13date of the delivery of the vehicle to the purchaser.
14   Sec. 6.  Section 321.26, subsection 2, Code 2023, is amended
15to read as follows:
   162.  The county treasurer may adjust the registration renewal
17or expiration date of vehicles registered in the county for
18which the county treasurer is responsible for renewal under
19section 321.40
when deemed necessary to equalize the number
20of vehicles registered in each twelve-month period or for the
21administrative efficiency of the county treasurer’s office.
22The adjustment shall be accomplished by delivery of a written
23notice to the vehicle owner of the adjustment and allowance of
24a credit for the remaining months of the unused portion of the
25annual registration fee, rounded to the nearest whole dollar,
26which amount shall be deducted from the annual registration
27fee due at the time of registration. Upon receipt of the
28notification the owner shall, within thirty days, surrender
29the registration card and registration plates to a any county
30treasurer, except that the registration plates shall not be
31surrendered if validation stickers or other emblems are used
32to designate the month and year of expiration of registration.
33Upon payment of the annual registration fee, less the credit
34allowed for the remaining months of the unused portion of the
35annual registration fee, the county treasurer of the county
-5-1where the vehicle is registered
 that adjusted the registration
2renewal or expiration date of the vehicle
shall issue a new
3registration card and registration plates, validation stickers,
4or emblems which indicate the month and year of expiration of
5registration.
6   Sec. 7.  Section 321.29, Code 2023, is amended to read as
7follows:
   8321.29  Renewal not permitted.
   9Any vehicle once registered in the state and by removal no
10longer subject to registration in this state, shall upon being
11returned to this state and subject to registration be again
 12initially registered in accordance with section 321.20.
13   Sec. 8.  Section 321.34, subsection 1, Code 2023, is amended
14to read as follows:
   151.  Plates issued.  The county treasurer upon receiving
16application, accompanied by proper fee, for registration of a
17vehicle shall issue to the owner one registration plate for
18a motorcycle, motorized bicycle, autocycle, truck tractor,
19trailer, or semitrailer and two registration plates for every
20other motor vehicle. The registration plates, including
21special registration plates, shall be assigned to the owner of
22a vehicle. When the owner of a registered vehicle transfers or
23assigns ownership of the vehicle to another person, the owner
24shall remove the registration plates from the vehicle. The
25owner shall forward the plates to a any county treasurer or the
26owner may have the plates assigned to another vehicle within
27thirty days after transfer, upon payment of the fees required
28by law. The owner shall immediately affix registration plates
29retained by the owner to another vehicle owned or acquired by
30the owner, providing the owner complies with section 321.46.
31The department shall adopt rules providing for the assignment
32of registration plates to the transferee of a vehicle for which
33a credit is allowed under section 321.46, subsection 6.
34   Sec. 9.  Section 321.40, subsection 1, Code 2023, is amended
35to read as follows:
-6-   11.  Application for renewal for a vehicle registered under
2this chapter shall be made on or after the first day of the
3month prior to the month of expiration of registration and up
4to and including the last day of the month following the month
5of expiration of registration. The application for renewal
6shall be submitted to the county treasurer of the county of
7the owner’s residence; or if a nonresident, to the county
8treasurer of the county where the primary users of the vehicle
9are located; or if a lessor of the vehicle pursuant to chapter
10321F which has a gross vehicle weight of less than ten thousand
11pounds, to the county treasurer of the county of the lessee’s
12residence; or if a firm, association, or corporation with
13vehicles in multiple counties, to the county treasurer of the
14county where the primary user of the vehicle is located.
The
15registration shall be renewed upon payment of the appropriate
16annual registration fee. Application for renewal for a vehicle
17registered under chapter 326 shall be made on or after the
18first day of the month prior to the month of expiration of
19registration and up to and including the last day of the month
20of expiration of registration.
21   Sec. 10.  Section 321.42, subsection 2, paragraphs a, c, and
22d, Code 2023, are amended to read as follows:
   23a.  If a certificate of title is lost or destroyed, the
24owner or lienholder shall apply for a replacement copy of the
25original certificate of title. The owner or lienholder of a
26motor vehicle may also apply for a replacement copy of the
27original certificate of title upon surrender of the original
28certificate of title with the application. The application
29shall be made to the department or any county treasurer who
30issued the original certificate of title
. The application
31shall be signed by the owner or lienholder and accompanied by a
32fee of twenty thirty dollars.
   33c.  If a security interest noted on the face of an original
34certificate of title was released by the lienholder on a
35separate form pursuant to section 321.50, subsection 5, and
-7-1the signature of the lienholder, or the person executing the
2release on behalf of the lienholder, is notarized, but the
3lienholder has not delivered the original certificate to the
4appropriate party as provided in section 321.50, subsection 5,
5the owner may apply for and receive a replacement certificate
6of title without the released security interest noted thereon.
7The lienholder shall return the original certificate of title
8to the department or to the any county treasurer of the county
9where the title was issued
.
   10d.  A new purchaser or transferee is entitled to receive
11an original title upon presenting the assigned replacement
12copy to the any county treasurer of the county where the new
13purchaser or transferee resides
. At the time of purchase, a
14purchaser may require the seller to indemnify the purchaser and
15all future purchasers of the vehicle against any loss which
16may be suffered due to claims on the original certificate. A
17person recovering an original certificate of title for which
18a replacement has been issued shall surrender the original
19certificate to the county treasurer or the department.
20   Sec. 11.  Section 321.46, subsections 1, 2, and 5, Code 2023,
21are amended to read as follows:
   221.  The transferee shall, within thirty calendar days after
23purchase or transfer, apply for and obtain from the any county
24treasurer of the person’s residence, or if a nonresident, the
25county treasurer of the county where the primary users of the
26vehicle are located or the county where all other vehicles
27owned by the nonresident are registered, or in the case of a
28mobile home or manufactured home, the county treasurer of the
29county where the mobile home or manufactured home is located,
30or if a firm, association, or corporation with vehicles in
31multiple counties, the transferee may apply for and obtain from
32the county treasurer of the county where the primary user of
33the vehicle is located,
a new initial registration and a new
34certificate of title for the vehicle, except as provided in
35section 321.25, 321.48, or 322G.12, or when the transferee
-8-1obtains the vehicle pursuant to section 321.52, subsection 2,
2paragraph “b”In the case of a mobile home or manufactured
3home, the transferee shall, within thirty calendar days after
4purchase or transfer, apply for and obtain from the county
5treasurer of the county where the mobile home or manufactured
6home is located a new certificate of title.
The transferee
7shall present with the application the certificate of title
8endorsed and assigned by the previous owner and shall indicate
9the name of the county in which the vehicle was last registered
10and the registration expiration date.
   112.  Upon filing the application for a new initial
12 registration and a new title, the applicant shall pay a
13title fee of twenty thirty dollars, an initial annual
14registration fee prorated for the remaining unexpired months
15of the registration year, and a fee for new registration if
16applicable. A manufacturer applying for a certificate of
17title pursuant to section 322G.12 shall pay a title fee of ten
18
 twenty dollars. However, a title fee shall not be charged to a
19manufactured or mobile home retailer applying for a certificate
20of title for a used mobile home or manufactured home, titled
21in Iowa, as required under section 321.45, subsection 4.
22The county treasurer, if satisfied of the genuineness and
23regularity of the application, and in the case of a mobile
24home or manufactured home, that taxes are not owing under
25chapter 435, and that applicant has complied with all the
26requirements of this chapter, shall issue a new certificate
27of title and, except for a mobile home, manufactured home,
28or a vehicle returned to and accepted by a manufacturer as
29described in section 322G.12, a registration card to the
30purchaser or transferee, shall cancel the prior registration
31for the vehicle, and shall forward the necessary copies to the
32department on the date of issuance, as prescribed in section
33321.24. Mobile homes or manufactured homes titled under
34chapter 448 that have been subject under section 446.18 to a
35public bidder sale in a county shall be titled in the county’s
-9-1name, with no fee, and the county treasurer shall issue the
2title.
   35.  The seller or transferor may file an affidavit on
4forms prescribed and provided by the department with the any
5 county treasurer of the county where the vehicle is registered
6 certifying the sale or transfer of ownership of the vehicle
7and the assignment and delivery of the certificate of title
8for the vehicle. Upon receipt of the affidavit, the county
9treasurer shall file the affidavit with the copy of the
10registration receipt for the vehicle on file in the treasurer’s
11office and on that day the treasurer shall note receipt of the
12affidavit in the vehicle registration and titling system. Upon
13filing the affidavit, it shall be presumed that the seller or
14transferor has assigned and delivered the certificate of title
15for the vehicle. For a leased vehicle, the lessor licensed
16pursuant to chapter 321F or the lessee may file an affidavit
17as provided in this subsection certifying that the lease has
18expired or been terminated and the date that the leased vehicle
19was surrendered to the lessor.
20   Sec. 12.  Section 321.47, subsections 1 and 3, Code 2023, are
21amended to read as follows:
   221.  If ownership of a vehicle is transferred by operation of
23law upon inheritance, devise or bequest, dissolution decree,
24order in bankruptcy, insolvency, replevin, foreclosure or
25execution sale, abandoned vehicle sale, or when the engine of a
26motor vehicle is replaced by another engine, or a vehicle is
27sold or transferred to satisfy an artisan’s lien as provided
28in chapter 577, a landlord’s lien as provided in chapter 570,
29a self-service storage facility lien as provided in section
30578A.7, a storage lien as provided in chapter 579, a judgment
31in an action for abandonment of a manufactured or mobile home
32as provided in chapter 555B, upon presentation of an affidavit
33relating to the disposition of a valueless mobile, modular, or
34manufactured home as provided in chapter 555C, or repossession
35is had upon default in performance of the terms of a security
-10-1agreement, the any county treasurer in the transferee’s county
2of residence
or, in the case of a mobile home or manufactured
3home, the county treasurer of the county where the mobile home
4or manufactured home is located, upon the surrender of the
5prior certificate of title or the manufacturer’s or importer’s
6certificate, or when that is not possible, upon presentation
7of satisfactory proof to the county treasurer of ownership and
8right of possession to the vehicle and upon payment of a fee of
9twenty thirty dollars and the presentation of an application
10for initial registration and certificate of title, may issue
11to the applicant a registration card for the vehicle and a
12certificate of title to the vehicle. A person entitled to
13ownership of a vehicle under a decree of dissolution shall
14surrender a reproduction of a certified copy of the dissolution
15and upon fulfilling the other requirements of this chapter is
16entitled to a certificate of title and registration receipt
17issued in the person’s name.
   183.  Whenever ownership of a vehicle is transferred under
19the provisions of this section, the registration plates shall
20be removed and forwarded to a any county treasurer, or to the
21department if the vehicle is owned by a nonresident. Upon
22transfer the vehicle shall not be operated upon the highways
23of this state until the person entitled to possession of the
24vehicle applies for and obtains initial registration for the
25vehicle.
26   Sec. 13.  Section 321.48, subsection 2, Code 2023, is amended
27to read as follows:
   282.  A foreign registered vehicle purchased or otherwise
29acquired by a dealer for the purpose of resale shall be issued
30a certificate of title for the vehicle by the any county
31treasurer of the dealer’s residence upon proper application
32as provided in this chapter and upon payment of a fee of five
33
 fifteen dollars and the dealer is exempt from the payment of
34any and all registration fees for the vehicle. The application
35for certificate of title shall be made within thirty days
-11-1after the vehicle comes within the border of the state.
2However, a dealer acquiring a vehicle registered in another
3state which permits Iowa dealers to reassign that state’s
4certificates of title shall not be required to obtain a new
 5initial registration or a new certificate of title and upon
6transferring title or interest to another person shall execute
7an assignment upon the certificate of title for the vehicle
8to the person to whom the transfer is made and deliver the
9assigned certificate of title to the person.
10   Sec. 14.  Section 321.49, subsection 1, Code 2023, is amended
11to read as follows:
   121.  Except as provided in section 321.52, if an application
13for transfer of registration and certificate of title is not
14submitted to the any county treasurer of the residence of
15the transferee
within thirty days of the date of assignment
16or transfer of title, or within thirty days of the date of
17delivery to the purchaser if the vehicle is subject to a
18security interest and was offered for sale pursuant to section
19321.48, subsection 1, a penalty of ten dollars shall accrue
20against the applicant, and no registration card or certificate
21of title shall be issued to the applicant for the vehicle until
22the penalty is paid.
23   Sec. 15.  Section 321.50, subsection 1, Code 2023, is amended
24to read as follows:
   251.  A security interest in a vehicle subject to registration
26under the laws of this state or a mobile home or manufactured
27home
, except trailers whose empty weight is two thousand
28pounds or less, and except new or used vehicles held by a
29dealer or manufacturer as inventory for sale, is perfected by
30the delivery to the any county treasurer of the county where
31the certificate of title was issued or, in the case of a new
32certificate, to the county treasurer where the certificate will
33be issued,
of an application for certificate of title which
34lists the security interest, or an application for notation
35of security interest signed by the owner or by one owner of
-12-1a vehicle owned jointly by more than one person, or signed
2through electronic means as determined by the department, or a
3certificate of title from another jurisdiction which shows the
4security interest, and payment of a fee of ten twenty dollars
5for each security interest shown. The security interest in a
6mobile home or manufactured home is perfected by the delivery
7to the county treasurer of the county where the certificate
8of title was issued or, in the case of a new certificate, to
9the county treasurer where the certificate will be issued,
10of an application for certificate of title which lists the
11security interest, or an application for notation of security
12interest signed by the owner or by one owner when owned jointly
13by more than one person, or signed through electronic means
14as determined by the department, or a certificate of title
15from another jurisdiction which shows the security interest,
16and payment of a fee of twenty dollars for each security
17interest shown.
The department shall require the federal
18employer identification number of a secured party who is a
19firm, association, or corporation or, if a natural person,
20the social security number. Upon delivery of the application
21and payment of the fee, the county treasurer shall note the
22date of delivery on the application. If the delivery is by
23electronic means and the time is electronically recorded on the
24application along with the date, the time shall be included
25with the date on all subsequent documents and records where the
26date of perfection is required under this chapter. The date
27of delivery shall be the date of perfection of the security
28interest in the vehicle, regardless of the date the security
29interest is noted on the certificate of title. Up to three
30security interests may be perfected against a vehicle and shown
31on an Iowa certificate of title. If the owner or secured party
32is in possession of the certificate of title, it must also be
33delivered at this time. If a vehicle is subject to a security
34interest when brought into this state, the validity of the
35security interest and the date of perfection is determined by
-13-1section 554.9303. Delivery as provided in this subsection
2constitutes perfection of a security interest on a certificate
3of title for purposes of this chapter and chapter 554.
4   Sec. 16.  Section 321.50, subsection 5, paragraphs a and c,
5Code 2023, are amended to read as follows:
   6a.  When a security interest is discharged, the holder
7shall note a cancellation of the security interest on the
8face of the certificate of title over the holder’s signature
9or may note the cancellation of the security interest on a
10separate, notarized release form or letter. The holder shall
11deliver the certificate of title and the form or letter, if
12applicable, to the any county treasurer where the title was
13issued
. In the case of a security interest that has been
14delivered by electronic means, the holder shall notify the
15department or the county treasurer, in a manner prescribed
16by the department, of the release of the security interest.
17The county treasurer shall immediately note the cancellation
18of the security interest on the face of the certificate of
19title, if applicable, and in the county records system. The
20county treasurer shall on the same day deliver the certificate
21of title, if applicable, and the separate, notarized release
22form or letter, if applicable, to the then first secured party
23or, if there is no such person, to the person as directed by
24the owner, in writing, on a form prescribed by the department
25or, if there is no person designated, then to the owner. The
26cancellation of the security interest shall be noted on the
27certificate of title by the county treasurer without charge.
28The holder of a security interest discharged by payment who
29fails to release the security interest within fifteen days
30after being requested in writing to do so shall forfeit to the
31person making the payment the sum of twenty-five dollars.
   32c.  When a security interest is discharged, the lienholder
33shall note the cancellation of the security interest on the
34face of the title and, if applicable, may note the cancellation
35of the security interest on a form prescribed by the department
-14-1and deliver a copy of the form in lieu of the title to the
2department or to the any county treasurer of the county in
3which the title was issued
. The form may be delivered by
4electronic means. The department or county treasurer shall
5note the release of the security interest upon the statewide
6computer system and the county’s records. A copy of the form,
7if used, shall be attached to the title by the lienholder, if
8the title is held by the lienholder, and shall be evidence of
9the release of the security interest. If the title is held
10by the lienholder, the lienholder shall deliver the title to
11the first lienholder, or if there is no such person, to the
12person as designated by the owner, or if there is no such
13person designated, to the owner. If a certificate of title
14has not been issued, upon release of a security interest, the
15lienholder shall notify the department or the county treasurer,
16in a manner prescribed by the department, of the release of the
17security interest.
18   Sec. 17.  Section 321.52, subsection 2, paragraph a, Code
192023, is amended to read as follows:
   20a.  The purchaser or transferee of a motor vehicle subject to
21registration for which a certificate of title is issued which
22is sold for scrap or junk shall surrender the certificate of
23title, properly endorsed and signed by the previous owner, to
24the any county treasurer of the county of residence of the
25transferee
, and shall apply for a junking certificate from the
26county treasurer, within thirty days after assignment of the
27certificate of title, except when the vehicle is disposed of
28pursuant to paragraph “b”. The county treasurer shall issue
29to such person without fee a junking certificate. A junking
30certificate shall authorize the holder to possess, transport,
31or transfer by endorsement the ownership of the junked vehicle.
32A certificate of title shall not again be issued for the
33vehicle subsequent to the issuance of a junking certificate
34except as provided in subsection 3. The county treasurer shall
35cancel the record of the vehicle. The junking certificate
-15-1shall be printed on the registration receipt form and shall be
2imprinted with the words “junking certificate”, as prescribed
3by the department. A space for transfer by endorsement
4shall be on the junking certificate. A separate form for the
5notation of the transfer of component parts shall be attached
6to the junking certificate when the certificate is issued.
7   Sec. 18.  Section 321.52, subsection 4, paragraphs a and b,
8Code 2023, are amended to read as follows:
   9a.  Notwithstanding any other provision of law to the
10contrary, an insurer may apply for and be issued a salvage
11certificate of title for a motor vehicle without surrendering
12the certificate of title or manufacturer’s or importer’s
13statement of origin properly assigned if ownership of the
14vehicle was transferred, or will transfer, to the insurer
15pursuant to a settlement with the previous owner of the vehicle
16arising from circumstances involving damage to the vehicle,
17and at least thirty days have expired since the effective
18date of such settlement. To obtain a salvage certificate
19of title pursuant to this paragraph “a”, the insurer shall
20submit an application for a salvage certificate of title to
21the any county treasurer of the county in which the vehicle
22is stored by or on behalf of the insurer
. The application
23shall be accompanied by an affidavit from the insurer in
24which the insurer certifies it has made at least two written
25attempts to obtain a properly assigned certificate of title
26or manufacturer’s or importer’s statement of origin for the
27vehicle by contacting the previous owner of the vehicle and all
28lienholders of record by certified mail or a similar service
29that provides proof of service using a return receipt, and
30has been unable to obtain the title or statement of origin.
31The failure of a previous owner or lienholder to provide a
32properly assigned certificate of title or manufacturer’s or
33importer’s statement of origin shall be deemed to be a waiver
34by the previous owner or lienholder of all rights, title,
35claim, and interest in the vehicle. The application shall also
-16-1be accompanied by the application fee required under paragraph
2“b”, and proof of payment of the total amount of the settlement
3by the insurer to the previous owner of the vehicle. Upon
4receiving an application that complies with this paragraph “a”,
5the county treasurer shall issue a salvage certificate of title
6to the insurer which shall be free and clear of all liens and
7claims of ownership and shall bear the word “SALVAGE” stamped
8or printed on the face of the title in a manner prescribed by
9the department.
   10b.  A vehicle rebuilder or a person engaged in the business
11of buying, selling, or exchanging vehicles of a type required
12to be registered in this state, upon acquisition of a wrecked
13or salvage vehicle, shall surrender the certificate of
14title or manufacturer’s or importer’s statement of origin
15properly assigned, together with an application for a salvage
16certificate of title, to the any county treasurer of the county
17of residence of the purchaser or transferee
within thirty
18days after the date of assignment of the certificate of title
19for the wrecked or salvage motor vehicle. This subsection
20applies only to vehicles with a fair market value of five
21hundred dollars or more, based on the value before the vehicle
22became wrecked or salvage. Upon payment of a fee of ten twenty
23 dollars, the county treasurer shall issue a salvage certificate
24of title which shall bear the word “SALVAGE” stamped or
25printed on the face of the title in a manner prescribed by the
26department. A salvage certificate of title may be assigned
27to an educational institution, a new motor vehicle dealer
28licensed under chapter 322, a person engaged in the business
29of purchasing bodies, parts of bodies, frames or component
30parts of vehicles for sale as scrap metal, a salvage pool, or
31an authorized vehicle recycler licensed under chapter 321H. An
32authorized vehicle recycler licensed under chapter 321H or a
33new motor vehicle dealer licensed under chapter 322 may assign
34or reassign an Iowa salvage certificate of title or a salvage
35certificate of title from another state to any person, and the
-17-1provisions of section 321.24, subsection 5, requiring issuance
2of an Iowa salvage certificate of title shall not apply. A
3vehicle on which ownership has transferred to an insurer of
4the vehicle as a result of a settlement with the owner of the
5vehicle arising out of damage to, or unrecovered theft of, the
6vehicle shall be deemed to be a wrecked or salvage vehicle
7and the insurer shall comply with this subsection to obtain a
8salvage certificate of title within thirty days after the date
9of assignment of the certificate of title of the vehicle.
10   Sec. 19.  Section 321.105A, subsection 2, unnumbered
11paragraph 1, Code 2023, is amended to read as follows:
   12In addition to the annual registration fee required under
13section 321.105, a “fee for new registration” is imposed in
14the amount of ten dollars plus five percent of the purchase
15price for each vehicle subject to registration. The fee for
16new registration shall be paid by the owner of the vehicle to
17the county treasurer at the time application is made for a new
 18initial registration and certificate of title, if applicable.
19A new registration receipt shall not be issued until the
20fee has been paid. The county treasurer or the department
21of transportation shall require every applicant for a new
22registration receipt for a vehicle subject to registration to
23supply information as the county treasurer or the director
24deems necessary as to the time of purchase, the purchase
25price, and other information relative to the purchase of the
26vehicle. On or before the tenth day of each month, the county
27treasurer or the department of transportation shall remit
28to the department of revenue the amount of the fees for new
29registration collected during the preceding month.
30   Sec. 20.  Section 321.105A, subsection 3, paragraph a, Code
312023, is amended to read as follows:
   32a.  A fee for new registration is imposed in an amount equal
33to ten dollars plus five percent of the leased price for each
34vehicle subject to registration which is leased by a lessor
35licensed pursuant to chapter 321F for a period of six months
-18-1or more. The fee for new registration shall be paid by the
2owner of the vehicle to the county treasurer from whom the
3registration receipt or certificate of title is obtained. A
4registration receipt for a vehicle subject to registration or
5issuance of a certificate of title shall not be issued until
6the fee for new registration is paid in the initial instance.
7   Sec. 21.  Section 321.109, subsection 1, paragraph a, Code
82023, is amended to read as follows:
   9a.  The annual fee for all motor vehicles including vehicles
10designated by manufacturers as station wagons, 1993 and
11subsequent model year multipurpose vehicles, and 2010 and
12subsequent model year motor trucks with an unladen weight of
13ten thousand pounds or less, except motor trucks registered
14under section 321.122, business-trade trucks, special trucks,
15motor homes, motorsports recreational vehicles, ambulances,
16hearses, autocycles, motorcycles, motorized bicycles, and 1992
17and older model year multipurpose vehicles, shall be equal
18to one percent of the value as fixed by the department plus
19forty cents for each one hundred pounds or fraction thereof
20of weight of vehicle, as fixed by the department. The weight
21of a motor vehicle, fixed by the department for registration
22purposes, shall include the weight of a battery, heater,
23bumpers, spare tire, and wheel. Provided, however, that for
24any new vehicle purchased in this state by a nonresident
25for removal to the nonresident’s state of residence the
26purchaser may make application to the any county treasurer
27in the county of purchase for a transit plate for which a
28fee of ten dollars shall be paid. And provided, however,
29that for any used vehicle held by a registered dealer and
30not currently registered in this state, or for any vehicle
31held by an individual and currently registered in this state,
32when purchased in this state by a nonresident for removal
33to the nonresident’s state of residence, the purchaser may
34make application to the any county treasurer in the county
35of purchase
for a transit plate for which a fee of three
-19-1dollars shall be paid. The county treasurer shall issue a
2nontransferable certificate of registration for which no
3refund shall be allowed; and the transit plates shall be void
4thirty days after issuance. Such purchaser may apply for a
5certificate of title by surrendering the manufacturer’s or
6importer’s certificate or certificate of title, duly assigned
7as provided in this chapter. In this event, the county
8 treasurer in the county of purchase shall, when satisfied with
9the genuineness and regularity of the application, and upon
10payment of a fee of twenty thirty dollars, issue a certificate
11of title in the name and address of the nonresident purchaser
12delivering the title to the owner. If there is a security
13interest noted on the title, the county treasurer shall mail
14to the secured party an acknowledgment of the notation of the
15security interest. The county treasurer shall not release a
16security interest that has been noted on a title issued to
17a nonresident purchaser as provided in this paragraph. The
18application requirements of section 321.20 apply to a title
19issued as provided in this subsection, except that a natural
20person who applies for a certificate of title shall provide
21either the person’s social security number, passport number,
22or driver’s license number, whether the license was issued by
23this state, another state, or another country. The provisions
24of this subsection relating to multipurpose vehicles are
25effective for all 1993 and subsequent model years. The annual
26registration fee for multipurpose vehicles that are 1992 model
27years and older shall be in accordance with section 321.124.
28   Sec. 22.  Section 321.109, subsection 3, Code 2023, is
29amended to read as follows:
   303.  The owner of an unregistered motor vehicle or motor
31vehicle for which the registration is delinquent may make
32application to the any county treasurer of the county of
33residence or, if the unregistered or delinquent motor vehicle
34is purchased by a nonresident of the state, to the county
35treasurer in the county of purchase,
for a temporary thirty-day
-20-1permit for a fee of twenty-five dollars. The permit shall
2authorize the motor vehicle to be driven or towed upon the
3highway, but shall not authorize a motor truck or truck tractor
4to haul or tow a load. The permit fee shall not be considered a
5registration fee or exempt the owner from payment of all other
6fees, registration fees, and penalties due. If the annual
7registration fee for the motor vehicle is delinquent, the
8annual registration fee and penalty shall continue to accrue
9until paid. The permit fee shall not be prorated, refunded, or
10used as credit as provided under section 321.46. The permit
11shall be displayed in the upper left-hand corner of the rear
12window of all motor vehicles, except motorcycles. Permits
13issued for a motorcycle shall be attached to the rear of the
14motorcycle.
15   Sec. 23.  Section 321.126, subsection 1, paragraph g, Code
162023, is amended to read as follows:
   17g.  If the vehicle was leased and an affidavit was filed
18by the lessor or the lessee as provided in section 321.46,
19the lessor or the lessee, as applicable, may make a claim for
20a refund with the any county treasurer of the county where
21the vehicle was registered
within six months of the vehicle’s
22surrender to the lessor. The refund shall be paid to either
23the lessor or the lessee, as specified on the application for
24title and initial registration pursuant to section 321.20.
25   Sec. 24.  Section 321.152, subsection 1, paragraphs b, d, and
26f, Code 2023, are amended to read as follows:
   27b.  Two Twelve dollars and fifty cents from each fee
28collected for certificates of title.
   29d.  Sixty percent Sixteen dollars of all fees each fee
30 collected for perfection of security interests.
   31f.  One dollar Eleven dollars from each fee for new
32registration collected pursuant to section 321.105A.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
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   1Under current law, only certain county treasurers are
2allowed to do certain actions relating to motor vehicle
3registration and titling. This bill provides that any county
4treasurer can do any of the following: accept applications
5for initial registration and issue initial registrations
6and certificates of title to owners of vehicles, owners of
7commercial vehicles, owners of certain foreign vehicles, owners
8of transferred vehicles, owners of vehicles with a lost or
9damaged certificate of title, owners of vehicles transferred by
10law, and nonresident purchasers of vehicles; accept the return
11of an original certificate of title from a lienholder; issue an
12original certificate of title to a new purchaser or transferee
13who presents an assigned replacement copy; receive affidavits
14certifying the sale or transfer of ownership of a vehicle and
15provide associated refunds; issue certificates of title to
16dealers in possession of foreign registered vehicles; receive
17applications for the transfer of registration and certificates
18of title; perfect security interests; accept certificates of
19title, or other forms, noting that a security interest has
20been discharged; receive certificates of title of vehicles
21that have been sold for scrap or junk; accept applications for
22salvage certificates of title; receive certificates of title of
23a wrecked or salvage vehicle; and accept applications and issue
24temporary permits for vehicles that are unregistered or have
25delinquent registration.
   26The bill increases the following fees from $20 to $30:
27applications for initial registration and issuance of a
28certificate of title for a vehicle, applications for initial
29registration and issuance of a certificate of title for a
30commercial vehicle, applications for initial registration
31of a vehicle failing to meet the equipment requirements of
32Code chapter 321, applications for a replacement copy of an
33original certificate of title, applications for a new initial
34registration and a new title upon transfer, applications for
35initial registration and issuance of a certificate of title for
-22-1a vehicle transferred by operation of law, and applications for
2certificate of title to a nonresident purchaser.
   3The bill increases the following fees from $10 to $20:
4applications by a manufacturer for a certificate of title
5pursuant to Code section 322G.12, applications to perfect
6a security interest in a vehicle by delivery to a county
7treasurer, and applications for the issuance of a salvage
8certificate of title.
   9The bill increases the fee for applications for certificates
10of title by a dealer for a foreign registered vehicle from $5
11to $15.
   12Pursuant to current law, the bill requires an application
13for renewal of registration for a vehicle to be submitted to
14the county treasurer of the county of the owner’s residence,
15or if a nonresident or a firm, association, or corporation
16with vehicles in multiple counties, to the county treasurer of
17the county where the primary users of the vehicle are located,
18or if a lessor of the vehicle, to the county treasurer of the
19county of the lessee’s residence. However, the bill does not
20change the requirement under Code section 321.166 that every
21registration plate issued by a county treasurer must display
22the name of the county where the plate is issued. Under the
23bill, a person may register a vehicle other than by renewal in
24any county.
   25The bill amends Code section 321.20(2) by striking the
26current date by which the department of transportation (DOT)
27is required to develop and implement a program to allow for
28electronic applications, titling, initial registrations, and
29funds transfers for vehicles subject to registration.
   30Current law provides that, in addition to the annual
31registration fee, a fee for new registration is imposed
32in the amount of 5 percent of the purchase price for each
33vehicle subject to registration. The bill increases the fee
34by providing that the fee for new registration is $10 plus
355 percent of the purchase price of each vehicle subject to
-23-1registration. Furthermore, the bill increases the fee for
2new registration of leased vehicles by imposing a $10 fee in
3addition to 5 percent of the leased price.
   4Lastly, the bill changes the amounts of certain fees a county
5treasurer may retain for deposit in the county general fund.
6The bill provides the treasurer may retain $12.50 from each
7fee collected for certificates of title, $16 from each fee
8collected for perfection of security interests, and $11 from
9each fee for new registration. Article VII, section 8, of the
10Iowa Constitution requires a county to use the amount retained
11from fees for new registration for purposes of administering
12motor vehicle registration fees.
   13The bill makes conforming changes to Code sections 321.25,
14321.26, 321.29, and 321.126.
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th/ns