Bill Text: IA SF2249 | 2011-2012 | 84th General Assembly | Enrolled
Bill Title: A bill for an act relating to motor vehicle dealer activities at fair events, vehicle shows, vehicle exhibitions, and motorcycle rallies and to the definition of travel trailer for purposes of travel trailer dealer requirements, and including effective date provisions. (Formerly SSB 3165.) Effective 4-4-12.
Spectrum: Committee Bill
Status: (Passed) 2012-04-04 - Signed by Governor. S.J. 736. [SF2249 Detail]
Download: Iowa-2011-SF2249-Enrolled.html
Senate
File
2249
AN
ACT
RELATING
TO
MOTOR
VEHICLE
DEALER
ACTIVITIES
AT
FAIR
EVENTS,
VEHICLE
SHOWS,
VEHICLE
EXHIBITIONS,
AND
MOTORCYCLE
RALLIES
AND
TO
THE
DEFINITION
OF
TRAVEL
TRAILER
FOR
PURPOSES
OF
TRAVEL
TRAILER
DEALER
REQUIREMENTS,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
322.2,
Code
2011,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
11A.
“Motorcycle”
means
as
defined
in
section
321.1.
“Motorcycle”
does
not
include
an
all-terrain
vehicle
as
defined
in
section
321.1.
Sec.
2.
Section
322.4,
subsection
1,
paragraph
g,
Code
2011,
is
amended
to
read
as
follows:
g.
Before
the
issuance
of
a
motor
vehicle
dealer’s
license
to
a
dealer
engaged
in
the
sale
of
vehicles
for
which
a
certificate
of
title
is
required
under
chapter
321
,
or
the
issuance
of
a
temporary
permit
under
section
322.5,
subsection
6,
paragraph
“b”
,
the
applicant
shall
furnish
a
surety
bond
executed
by
the
applicant
as
principal
and
executed
by
a
corporate
surety
company,
licensed
and
qualified
to
do
business
within
this
state,
which
bond
shall
run
to
the
state
of
Iowa,
be
in
the
amount
of
fifty
thousand
dollars
and
be
conditioned
Senate
File
2249,
p.
2
upon
the
faithful
compliance
by
the
applicant
as
a
dealer
with
all
of
the
statutes
of
this
state
regulating
or
applicable
to
the
business
of
a
dealer
in
motor
vehicles,
and
indemnifying
any
person
who
buys
a
motor
vehicle
from
the
dealer
from
any
loss
or
damage
occasioned
by
the
failure
of
the
dealer
to
comply
with
any
of
the
provisions
of
chapter
321
and
this
chapter
,
including
but
not
limited
to
the
furnishing
of
a
proper
and
valid
certificate
of
title
to
the
motor
vehicle
involved
in
a
transaction.
The
bond
shall
also
indemnify
any
motor
vehicle
purchaser
from
any
loss
or
damage
caused
by
the
failure
of
the
dealer
to
comply
with
the
odometer
requirements
in
section
321.71
,
regardless
of
whether
the
motor
vehicle
was
purchased
directly
from
the
dealer.
The
bond
shall
be
filed
with
the
department
prior
to
the
issuance
of
a
license
or
permit
.
The
aggregate
liability
of
the
surety,
however,
shall
not
exceed
the
amount
of
the
bond.
Sec.
3.
Section
322.5,
subsection
2,
paragraph
a,
subparagraph
(2),
Code
2011,
is
amended
to
read
as
follows:
(2)
Display,
offer
for
sale,
and
negotiate
sales
of
new
motor
vehicles
at
fair
events,
as
defined
in
chapter
174
,
vehicle
shows,
and
vehicle
exhibitions,
upon
application
for
and
receipt
of
a
temporary
permit
issued
by
the
department.
Such
activities
may
only
be
conducted
at
fair
events,
vehicle
shows,
and
vehicle
exhibitions
that
are
held
in
the
county
of
the
motor
vehicle
dealer’s
principal
place
of
business
community,
as
defined
in
section
322A.1,
for
the
vehicles
that
are
displayed
and
offered
for
sale
.
A
sale
of
a
motor
vehicle
by
a
motor
vehicle
dealer
shall
not
be
completed
and
an
agreement
for
the
sale
of
a
motor
vehicle
shall
not
be
signed
at
a
fair
event,
vehicle
show,
or
vehicle
exhibition.
All
such
sales
shall
be
consummated
at
the
motor
vehicle
dealer’s
principal
place
of
business.
Sec.
4.
Section
322.5,
Code
2011,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
6.
a.
Upon
application
for
and
receipt
of
a
temporary
permit
issued
by
the
department
under
this
subsection,
a
motor
vehicle
dealer
authorized
to
sell
used
motorcycles
may
display,
offer
for
sale,
and
negotiate
sales
of
used
motorcycles
at
a
motorcycle
rally
located
in
this
state
that
meets
all
of
the
following
conditions:
(1)
The
sponsor
of
the
rally
conducts
not
more
than
one
rally
annually
in
this
state.
(2)
The
rally
is
conducted
for
a
single
period
of
not
less
Senate
File
2249,
p.
3
than
three
and
not
more
than
seven
consecutive
days.
(3)
Attendance
at
the
rally
is
restricted
to
persons
who
have
paid
a
nonrefundable
admission
fee
to
the
sponsor
of
the
rally.
b.
A
person
licensed
as
a
motor
vehicle
dealer
in
another
state
may
apply
for
and
be
issued
a
temporary
permit
under
this
subsection
if
the
person
meets
all
of
the
following
conditions:
(1)
The
person
presents
the
department
with
a
current
motor
vehicle
dealer
license
valid
for
the
sale
of
used
motorcycles
at
retail
in
the
person’s
state
of
residence.
(2)
The
state
in
which
the
person
is
licensed
as
a
motor
vehicle
dealer
allows
a
motor
vehicle
dealer
licensed
in
Iowa
to
be
issued
a
permit
substantially
similar
to
the
temporary
permit
authorized
under
this
section.
(3)
The
person
furnishes
to
the
department
a
surety
bond
that
meets
the
requirements
of
section
322.4,
subsection
1,
paragraph
“g”
.
(4)
The
person
presents
any
additional
information
the
department
may
require.
c.
Application
for
a
temporary
permit
under
this
subsection
shall
be
made
on
forms
provided
by
the
department
accompanied
by
a
fee
in
the
amount
established
for
a
temporary
permit
under
subsection
2,
paragraph
“b”
.
d.
A
sale
of
a
motorcycle
at
a
motorcycle
rally
shall
not
be
completed
and
an
agreement
for
the
sale
of
a
motorcycle
shall
not
be
signed
at
a
motorcycle
rally.
All
such
sales
shall
be
consummated
at
the
motor
vehicle
dealer’s
principal
place
of
business.
e.
The
department
may
issue
a
temporary
permit
under
this
subsection
for
a
period
not
to
exceed
seven
consecutive
days.
A
motor
vehicle
dealer
may
not
receive
more
than
one
temporary
permit
issued
under
this
subsection
in
a
calendar
year.
Sec.
5.
Section
322C.2,
subsection
10,
Code
2011,
is
amended
to
read
as
follows:
10.
“Travel
trailer”
means
a
vehicle
without
motive
power
used
or
so
manufactured
or
constructed
as
to
permit
its
being
used
as
a
conveyance
upon
the
public
streets
and
highways
and
designed
to
permit
the
vehicle
to
be
used
as
a
place
of
human
habitation
by
one
or
more
persons.
The
vehicle
may
be
up
to
eight
feet
six
inches
in
width
and
its
overall
length
shall
not
exceed
forty
feet.
“Travel
trailer”
does
not
include
a
vehicle
that
is
so
designed
as
to
permit
it
to
be
towed
exclusively
by
a
motorcycle.
Senate
File
2249,
p.
4
Sec.
6.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
JOHN
P.
KIBBIE
President
of
the
Senate
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2249,
Eighty-fourth
General
Assembly.
______________________________
MICHAEL
E.
MARSHALL
Secretary
of
the
Senate
Approved
_______________,
2012
______________________________
TERRY
E.
BRANSTAD
Governor
