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Senate Study Bill 1130 - IntroducedA Bill ForAn Act 1relating to record retention by licensed motor vehicle
2recyclers, and making a penalty applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321H.4A, Code 2017, is amended to read
2as follows:
3321H.4A National motor vehicle title information system —
4 record retention.
51. A vehicle recycler licensed under this chapter and
6subject to the requirements of 28 C.F.R.§25.56 shall register
7with the national motor vehicle title information system.
82. a. Except as provided in paragraph “b”, for any vehicle
9subject to registration under chapter 321 purchased by a
10vehicle recycler licensed under this chapter and subject to the
11requirements of 28 C.F.R.§25.56, the vehicle recycler shall
12comply with the reporting requirements of 28 C.F.R.§25.56
13within two business days of purchasing the vehicle. Records of
14the vehicle recycler’s compliance shall be kept by the vehicle
15recycler for at least three years after the purchase of the
16vehicle, and shall be open for inspection by any peace officer
17during normal business hours. The department shall adopt rules
18to implement this section, including but not limited to rules
19requiring the submission and retention of records not required
20by 28 C.F.R.§25.56.
21b. Paragraph “a” does not apply to a vehicle that has
22been crushed or flattened by mechanical means in such a way
23that it no longer resembles the vehicle described by the
24certificate of title if the vehicle recycler who purchased the
25vehicle verifies that the seller of the vehicle has met the
26requirements of paragraph “a”. The department shall adopt rules
27relating to the form of the verification, and the manner in
28which the verification shall be retained.
293. A vehicle recycler licensed under this chapter that sells
30a motor vehicle with a salvage certificate of title or junking
31certificate shall retain for three years after the sale of the
32vehicle an electronic record of all of the following:
33a. The vehicle’s make, model, model year, vehicle
34identification number, and, if available, current odometer
35reading.
-1- 1b. The name and address of the purchaser.
2c. The purchaser’s unique number issued to the purchaser
3through the national motor vehicle title information system,
4or if the purchaser has not been issued such a number, the
5purchaser’s driver’s license or nonoperator’s identification
6card number.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill requires a licensed vehicle recycler that sells
11a vehicle with a salvage certificate of title or junking
12certificate to retain for three years after the sale of
13the vehicle an electronic record of the vehicle’s make,
14model, model year, vehicle identification number, and, if
15available, current odometer reading; the name and address of
16the purchaser; and the purchaser’s unique number issued to the
17purchaser through the national motor vehicle title information
18system, or if the purchaser has not been issued such a
19number, the purchaser’s driver’s license or nonoperator’s
20identification card number. By operation of law, a violation
21of these provisions is a simple misdemeanor punishable by
22a fine of not less than $250 nor more than $1,500 or by
23imprisonment not to exceed 30 days.
-2-ns/nh
2recyclers, and making a penalty applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321H.4A, Code 2017, is amended to read
2as follows:
3321H.4A National motor vehicle title information system —
4 record retention.
51. A vehicle recycler licensed under this chapter and
6subject to the requirements of 28 C.F.R.§25.56 shall register
7with the national motor vehicle title information system.
82. a. Except as provided in paragraph “b”, for any vehicle
9subject to registration under chapter 321 purchased by a
10vehicle recycler licensed under this chapter and subject to the
11requirements of 28 C.F.R.§25.56, the vehicle recycler shall
12comply with the reporting requirements of 28 C.F.R.§25.56
13within two business days of purchasing the vehicle. Records of
14the vehicle recycler’s compliance shall be kept by the vehicle
15recycler for at least three years after the purchase of the
16vehicle, and shall be open for inspection by any peace officer
17during normal business hours. The department shall adopt rules
18to implement this section, including but not limited to rules
19requiring the submission and retention of records not required
20by 28 C.F.R.§25.56.
21b. Paragraph “a” does not apply to a vehicle that has
22been crushed or flattened by mechanical means in such a way
23that it no longer resembles the vehicle described by the
24certificate of title if the vehicle recycler who purchased the
25vehicle verifies that the seller of the vehicle has met the
26requirements of paragraph “a”. The department shall adopt rules
27relating to the form of the verification, and the manner in
28which the verification shall be retained.
293. A vehicle recycler licensed under this chapter that sells
30a motor vehicle with a salvage certificate of title or junking
31certificate shall retain for three years after the sale of the
32vehicle an electronic record of all of the following:
33a. The vehicle’s make, model, model year, vehicle
34identification number, and, if available, current odometer
35reading.
-1- 1b. The name and address of the purchaser.
2c. The purchaser’s unique number issued to the purchaser
3through the national motor vehicle title information system,
4or if the purchaser has not been issued such a number, the
5purchaser’s driver’s license or nonoperator’s identification
6card number.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill requires a licensed vehicle recycler that sells
11a vehicle with a salvage certificate of title or junking
12certificate to retain for three years after the sale of
13the vehicle an electronic record of the vehicle’s make,
14model, model year, vehicle identification number, and, if
15available, current odometer reading; the name and address of
16the purchaser; and the purchaser’s unique number issued to the
17purchaser through the national motor vehicle title information
18system, or if the purchaser has not been issued such a
19number, the purchaser’s driver’s license or nonoperator’s
20identification card number. By operation of law, a violation
21of these provisions is a simple misdemeanor punishable by
22a fine of not less than $250 nor more than $1,500 or by
23imprisonment not to exceed 30 days.
-2-ns/nh