House File 810 - Introduced
HOUSE FILE 810
BY COMMITTEE ON LOCAL
GOVERNMENT
(SUCCESSOR TO HSB 262)
A BILL FOR
1 An Act regarding the registration and titling of motor
2 vehicles, including by providing for registration and
3 titling by any county treasurer and by modifying related
4 fees and the amount of fees retained by county treasurers.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 321.20, subsection 1, unnumbered
2 paragraph 1, Code 2021, is amended to read as follows:
3 Except as provided in this chapter, an owner of a vehicle,
4 or a lessor of a vehicle pursuant to chapter 321F which has a
5 gross vehicle weight of less than ten thousand pounds, which
6 is subject to registration, shall make application to the any
7 county treasurer of the county of the owner’s residence, or
8 if a nonresident, to the county treasurer of the county where
9 the primary users of the vehicle are located, or if a lessor
10 of the vehicle pursuant to chapter 321F which vehicle has a
11 gross vehicle weight of less than ten thousand pounds, to the
12 county treasurer of the county of the lessee’s residence,
13 or if a firm, association, or corporation with vehicles in
14 multiple counties, the owner may make application to the
15 county treasurer of the county where the primary user of the
16 vehicle is located, for the registration and issuance of a
17 certificate of title for the vehicle upon the appropriate form
18 furnished by the department. However, upon the transfer of
19 ownership, the owner of a vehicle subject to the apportioned
20 registration provisions of chapter 326 shall make application
21 for issuance of a certificate of title to either the department
22 or the appropriate any county treasurer. The owner of a
23 vehicle purchased pursuant to section 578A.7 shall present
24 documentation that such sale was completed in compliance with
25 that section. The application shall be accompanied by a fee
26 of twenty twenty-five dollars, and shall bear the owner’s
27 signature. A nonresident owner of two or more vehicles subject
28 to registration may make application for registration and
29 issuance of a certificate of title for all vehicles subject to
30 registration to the any county treasurer of the county where
31 the primary user of any of the vehicles is located. The owner
32 of a mobile home or manufactured home shall make application
33 for a certificate of title under this section from the county
34 treasurer of the county where the mobile home or manufactured
35 home is located. The application shall contain:
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1 Sec. 2. Section 321.20, subsections 2, 3, and 4, Code 2021,
2 are amended to read as follows:
3 2. Notwithstanding contrary provisions of this chapter
4 or chapter 326 regarding titling and registration by means
5 other than electronic means, the department shall, by July 1,
6 2019, develop and implement a program to allow for electronic
7 applications, titling, registering, and funds transfers for
8 vehicles subject to registration in order to improve the
9 efficiency and timeliness of the processes and to reduce costs
10 for all parties involved. The program shall also provide for
11 the electronic submission of any statement required by this
12 section, except where prohibited by federal law.
13 3. The department shall adopt rules on pursuant to chapter
14 17A to administer this section, including rules relating to the
15 method for providing signatures for applications and statements
16 required by this section that are made by electronic means.
17 4. Notwithstanding this section or any other provision of
18 law to the contrary, if the program required by subsection
19 2 is not implemented by July 1, 2019, an owner of a vehicle
20 subject to registration may apply to the county treasurer of a
21 county contiguous to the county designated for the owner under
22 subsection 1 for registration and issuance of a certificate of
23 title. If a transaction occurs under the program established
24 pursuant to subsection 2, the required documentation shall
25 be electronically submitted to the county treasurer of the
26 county of the owner’s residence; or if a nonresident, to the
27 county treasurer of the county where the primary users of the
28 vehicle are located; or if a lessor of the vehicle pursuant to
29 chapter 321F which has a gross vehicle weight of less than ten
30 thousand pounds, to the county treasurer of the county of the
31 lessee’s residence; or if a firm, association, or corporation
32 with vehicles in multiple counties, the county treasurer of the
33 county where the primary user of the vehicle is located.
34 Sec. 3. Section 321.20A, subsection 1, Code 2021, is amended
35 to read as follows:
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1 1. Notwithstanding other provisions of this chapter,
2 the owner of a commercial vehicle subject to the apportioned
3 registration provisions of chapter 326 may make application
4 to the department or the appropriate any county treasurer
5 for a certificate of title. The owner of a commercial
6 vehicle purchased pursuant to section 578A.7 shall present
7 documentation that such sale was completed in compliance with
8 that section. The application for certificate of title shall
9 be made within thirty days of purchase or transfer and shall
10 be accompanied by a twenty dollar twenty-five-dollar title fee
11 and the appropriate fee for new registration. The department
12 or the county treasurer shall deliver the certificate of title
13 to the owner if there is no security interest. If there is a
14 security interest, the title, when issued, shall be delivered
15 to the first secured party. Delivery may be made using
16 electronic means.
17 Sec. 4. Section 321.23, subsections 3 and 4, Code 2021, are
18 amended to read as follows:
19 3. In the event an applicant for registration of a foreign
20 vehicle for which a certificate of title has been issued is
21 able to furnish evidence of being the registered owner of the
22 vehicle to the any county treasurer of the owner’s residence,
23 although unable to surrender such certificate of title, the
24 county treasurer may issue a registration receipt and plates
25 upon receipt of the required annual registration fee and the
26 fee for new registration but shall not issue a certificate of
27 title thereto. Upon surrender of the certificate of title
28 from the foreign state, the county treasurer shall issue a
29 certificate of title to the owner, or person entitled thereto,
30 of such vehicle as provided in this chapter. The owner
31 of a vehicle registered under this subsection shall not be
32 required to obtain a certificate of title in this state and may
33 transfer ownership of the vehicle to a motor vehicle dealer
34 licensed under chapter 322 if, at the time of the transfer,
35 the certificate of title is held by a secured party and the
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1 dealer has forwarded to the secured party the sum necessary to
2 discharge the security interest pursuant to section 321.48,
3 subsection 1.
4 4. A vehicle which does not meet the equipment requirements
5 of this chapter due to the particular use for which it is
6 designed or intended, may be registered by the department
7 upon payment of appropriate fees and after inspection and
8 certification by the department that the vehicle is not
9 in an unsafe condition. A person is not required to have
10 a certificate of title to register a vehicle under this
11 subsection. If the owner elects to have a certificate of
12 title issued for the vehicle, a fee of twenty twenty-five
13 dollars shall be paid by the person making the application
14 upon issuance of a certificate of title. If the department’s
15 inspection reveals that the vehicle may be safely operated only
16 under certain conditions or on certain types of roadways, the
17 department may restrict the registration to limit operation of
18 the vehicle to the appropriate conditions or roadways. This
19 subsection does not apply to snowmobiles as defined in section
20 321G.1. Section 321.382 does not apply to a vehicle registered
21 under this subsection which is operated exclusively by a person
22 with a disability who has obtained a persons with disabilities
23 parking permit as provided in section 321L.2, if the persons
24 with disabilities parking permit is carried in or on the
25 vehicle and shown to a peace officer on request.
26 Sec. 5. Section 321.34, subsection 1, Code 2021, is amended
27 to read as follows:
28 1. Plates issued. The county treasurer upon receiving
29 application, accompanied by proper fee, for registration of a
30 vehicle shall issue to the owner one registration plate for
31 a motorcycle, motorized bicycle, autocycle, truck tractor,
32 trailer, or semitrailer and two registration plates for every
33 other motor vehicle. The registration plates, including
34 special registration plates, shall be assigned to the owner of
35 a vehicle. When the owner of a registered vehicle transfers
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1 or assigns ownership of the vehicle to another person, the
2 owner shall remove the registration plates from the vehicle.
3 The owner shall forward the plates to the any county treasurer
4 where the vehicle is registered or the owner may have the
5 plates assigned to another vehicle within thirty days after
6 transfer, upon payment of the fees required by law. The
7 owner shall immediately affix registration plates retained
8 by the owner to another vehicle owned or acquired by the
9 owner, providing the owner complies with section 321.46. The
10 department shall adopt rules providing for the assignment of
11 registration plates to the transferee of a vehicle for which a
12 credit is allowed under section 321.46, subsection 6.
13 Sec. 6. Section 321.40, subsection 1, Code 2021, is amended
14 to read as follows:
15 1. Application for renewal for a vehicle registered under
16 this chapter shall be made on or after the first day of the
17 month prior to the month of expiration of registration and up
18 to and including the last day of the month following the month
19 of expiration of registration. The application for renewal
20 shall be submitted to the county treasurer of the county of
21 the owner’s residence; or if a nonresident, to the county
22 treasurer of the county where the primary users of the vehicle
23 are located; or if a lessor of the vehicle pursuant to chapter
24 321F which has a gross vehicle weight of less than ten thousand
25 pounds, to the county treasurer of the county of the lessee’s
26 residence; or if a firm, association, or corporation with
27 vehicles in multiple counties, to the county treasurer of the
28 county where the primary user of the vehicle is located. The
29 registration shall be renewed upon payment of the appropriate
30 annual registration fee. Application for renewal for a vehicle
31 registered under chapter 326 shall be made on or after the
32 first day of the month prior to the month of expiration of
33 registration and up to and including the last day of the month
34 of expiration of registration.
35 Sec. 7. Section 321.42, subsection 2, paragraphs a, c, and
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1 d, Code 2021, are amended to read as follows:
2 a. If a certificate of title is lost or destroyed, the
3 owner or lienholder shall apply for a replacement copy of the
4 original certificate of title. The owner or lienholder of a
5 motor vehicle may also apply for a replacement copy of the
6 original certificate of title upon surrender of the original
7 certificate of title with the application. The application
8 shall be made to the department or any county treasurer who
9 issued the original certificate of title. The application
10 shall be signed by the owner or lienholder and accompanied by a
11 fee of twenty twenty-five dollars.
12 c. If a security interest noted on the face of an original
13 certificate of title was released by the lienholder on a
14 separate form pursuant to section 321.50, subsection 5, and
15 the signature of the lienholder, or the person executing the
16 release on behalf of the lienholder, is notarized, but the
17 lienholder has not delivered the original certificate to the
18 appropriate party as provided in section 321.50, subsection 5,
19 the owner may apply for and receive a replacement certificate
20 of title without the released security interest noted thereon.
21 The lienholder shall return the original certificate of title
22 to the department or to the any county treasurer of the county
23 where the title was issued.
24 d. A new purchaser or transferee is entitled to receive
25 an original title upon presenting the assigned replacement
26 copy to the any county treasurer of the county where the new
27 purchaser or transferee resides. At the time of purchase, a
28 purchaser may require the seller to indemnify the purchaser and
29 all future purchasers of the vehicle against any loss which
30 may be suffered due to claims on the original certificate. A
31 person recovering an original certificate of title for which
32 a replacement has been issued shall surrender the original
33 certificate to the county treasurer or the department.
34 Sec. 8. Section 321.46, subsections 1, 2, and 5, Code 2021,
35 are amended to read as follows:
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1 1. The transferee shall, within thirty calendar days after
2 purchase or transfer, apply for and obtain from the any county
3 treasurer of the person’s residence, or if a nonresident, the
4 county treasurer of the county where the primary users of the
5 vehicle are located or the county where all other vehicles
6 owned by the nonresident are registered, or in the case of a
7 mobile home or manufactured home, the county treasurer of the
8 county where the mobile home or manufactured home is located,
9 or if a firm, association, or corporation with vehicles in
10 multiple counties, the transferee may apply for and obtain
11 from the county treasurer of the county where the primary
12 user of the vehicle is located, a new registration and a new
13 certificate of title for the vehicle, except as provided in
14 section 321.25, 321.48, or 322G.12, or when the transferee
15 obtains the vehicle pursuant to section 321.52, subsection 2,
16 paragraph “b”. In the case of a mobile home or manufactured
17 home, the transferee shall, within thirty calendar days after
18 purchase or transfer, apply for and obtain from the county
19 treasurer of the county where the mobile home or manufactured
20 home is located a new registration and a new certificate of
21 title. The transferee shall present with the application the
22 certificate of title endorsed and assigned by the previous
23 owner and shall indicate the name of the county in which the
24 vehicle was last registered and the registration expiration
25 date.
26 2. Upon filing the application for a new registration and
27 a new title, the applicant shall pay a title fee of twenty
28 twenty-five dollars, an annual registration fee prorated for
29 the remaining unexpired months of the registration year, and
30 a fee for new registration if applicable. A manufacturer
31 applying for a certificate of title pursuant to section 322G.12
32 shall pay a title fee of ten fifteen dollars. However, a
33 title fee shall not be charged to a manufactured or mobile
34 home retailer applying for a certificate of title for a used
35 mobile home or manufactured home, titled in Iowa, as required
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1 under section 321.45, subsection 4. The county treasurer, if
2 satisfied of the genuineness and regularity of the application,
3 and in the case of a mobile home or manufactured home, that
4 taxes are not owing under chapter 435, and that applicant has
5 complied with all the requirements of this chapter, shall issue
6 a new certificate of title and, except for a mobile home,
7 manufactured home, or a vehicle returned to and accepted by a
8 manufacturer as described in section 322G.12, a registration
9 card to the purchaser or transferee, shall cancel the prior
10 registration for the vehicle, and shall forward the necessary
11 copies to the department on the date of issuance, as pres