Bill Text: IA HSB528 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to wrecked or salvage motor vehicles, and making penalties applicable.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-14 - Subcommittee recommends amendment and passage. [HSB528 Detail]
Download: Iowa-2017-HSB528-Introduced.html
House
Study
Bill
528
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
COWNIE)
A
BILL
FOR
An
Act
relating
to
wrecked
or
salvage
motor
vehicles,
and
1
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
321.52,
subsection
4,
paragraphs
b
and
e,
1
Code
2018,
are
amended
to
read
as
follows:
2
b.
(1)
A
vehicle
rebuilder
or
a
person
engaged
in
the
3
business
of
buying,
selling,
or
exchanging
vehicles
of
a
type
4
required
to
be
registered
in
this
state,
upon
acquisition
of
5
a
wrecked
or
salvage
vehicle,
shall
surrender
the
certificate
6
of
title
or
manufacturer’s
or
importer’s
statement
of
origin
7
properly
assigned,
together
with
an
application
for
a
salvage
8
certificate
of
title,
to
the
county
treasurer
of
the
county
of
9
residence
of
the
purchaser
or
transferee
within
thirty
days
10
after
the
date
of
assignment
of
the
certificate
of
title
for
11
the
wrecked
or
salvage
motor
vehicle.
This
subsection
applies
12
only
to
vehicles
with
a
fair
market
value
of
five
hundred
13
dollars
or
more,
based
on
the
value
before
the
vehicle
became
14
wrecked
or
salvage.
Upon
payment
of
a
fee
of
ten
dollars,
the
15
county
treasurer
shall
issue
a
salvage
certificate
of
title
16
which
shall
bear
the
word
“SALVAGE”
stamped
or
printed
on
the
17
face
of
the
title
in
a
manner
prescribed
by
the
department.
A
18
salvage
certificate
of
title
may
be
assigned
to
an
educational
19
institution,
a
new
motor
vehicle
dealer
licensed
under
chapter
20
322
,
a
person
engaged
in
the
business
of
purchasing
bodies,
21
parts
of
bodies,
frames
,
or
component
parts
of
vehicles
for
22
sale
as
scrap
metal,
a
salvage
pool,
or
an
authorized
vehicle
23
recycler
licensed
under
chapter
321H
.
An
authorized
vehicle
24
recycler
licensed
under
chapter
321H
or
a
new
motor
vehicle
25
dealer
licensed
under
chapter
322
may
assign
or
reassign
an
26
Iowa
salvage
certificate
of
title
or
a
salvage
certificate
of
27
title
from
another
state
to
any
person,
and
the
provisions
of
28
section
321.24,
subsection
5
,
requiring
issuance
of
an
Iowa
29
salvage
certificate
of
title
shall
not
apply.
30
(2)
A
vehicle
on
which
ownership
has
transferred
to
an
31
insurer
of
the
vehicle
as
a
result
of
a
settlement
with
the
32
owner
of
the
vehicle
arising
out
of
damage
to,
or
unrecovered
33
theft
of,
the
vehicle
shall
be
deemed
to
be
a
wrecked
or
34
salvage
vehicle
and
the
insurer
shall
comply
with
this
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subsection
to
obtain
a
salvage
certificate
of
title
within
1
thirty
days
after
the
date
of
assignment
of
the
certificate
of
2
title
of
the
vehicle.
If
the
cost
of
repair
of
the
vehicle
does
3
not
exceed
seventy-five
percent
of
the
fair
market
value
of
the
4
vehicle
as
determined
pursuant
to
paragraph
“e”
,
the
insurer’s
5
application
for
a
salvage
certificate
of
title
shall
contain
a
6
statement
in
substantially
the
following
form:
7
This
vehicle
has
been
acquired
by
an
insurance
company
as
a
8
result
of
a
claim
settlement
and
the
cost
to
repair
the
vehicle
9
does
not
exceed
seventy-five
percent
of
the
fair
market
value
10
of
the
vehicle
prior
to
sustaining
the
damage
for
which
the
11
claim
was
paid.
12
(3)
A
determination
that
the
cost
of
repair
of
the
vehicle
13
does
not
exceed
seventy-five
percent
of
the
fair
market
value
14
of
the
vehicle
as
determined
pursuant
to
paragraph
“e”
shall
15
not
affect
the
right
of
an
insurer
or
vehicle
owner
to
make
an
16
economic
or
safety-related
decision
not
to
repair
the
vehicle.
17
e.
For
purposes
of
this
subsection
,
“wrecked
or
salvage
18
vehicle”
means
a
damaged
motor
vehicle
subject
to
registration
19
for
which
the
cost
of
repair
exceeds
fifty
seventy-five
percent
20
of
the
fair
market
value
of
the
vehicle,
as
determined
in
21
accordance
with
rules
adopted
by
the
department,
before
it
22
the
vehicle
became
damaged.
The
calculation
of
the
cost
of
23
repair
shall
not
include
costs
associated
with
towing,
storage,
24
vehicle
rental,
cosmetic
damage
repairs,
or
tax
on
labor
and
25
materials
used
to
repair
the
vehicle.
For
purposes
of
this
26
paragraph,
“cosmetic
damage
repairs”
means
repairs
done
only
for
27
the
sake
of
appearance,
including
for
decorative,
ornamental,
28
or
superficial
purposes,
that
if
left
unrepaired
would
not
29
impact
the
functionality
of
the
vehicle
or
render
the
vehicle
30
unsafe
or
unable
to
operate.
“
Cosmetic
damage
repairs”
includes
31
costs
for
vehicle
refinishing
materials
and
repairs
relating
32
to
external
trim
molding
and
fascia;
molded,
nonmetal
bumper
33
covers;
grilles;
entertainment
systems;
audiovisual,
telephone,
34
and
mapping
equipment;
emblems,
stripes,
and
decals;
hubcaps
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and
wheel
covers;
interior
carpet;
upholstery
other
than
for
1
the
driver
seat;
and
interior
door
trim
panels.
“Cosmetic
2
damage
repairs”
does
not
include
the
cost
of
labor
other
than
3
labor
associated
with
vehicle
refinishing,
or
the
cost
of
any
4
repair
necessary
to
pass
a
safety
inspection
required
by
law.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
Under
current
law,
a
vehicle
on
which
ownership
has
9
transferred
to
an
insurer
as
a
result
of
a
settlement
10
with
the
owner
of
the
vehicle
arising
out
of
damage
to,
or
11
unrecovered
theft
of,
the
vehicle
is
deemed
to
be
a
wrecked
12
or
salvage
vehicle
and
the
insurer
is
required
to
obtain
a
13
salvage
certificate
of
title
within
30
days
after
the
date
of
14
assignment
of
the
certificate
of
title
of
the
vehicle.
This
15
bill
provides
that
if
the
cost
of
repair
of
the
vehicle
does
16
not
exceed
75
percent
of
the
fair
market
value
of
the
vehicle,
17
the
insurer’s
application
for
a
salvage
certificate
of
title
18
must
contain
a
statement
in
substantially
the
following
form:
19
“This
vehicle
has
been
acquired
by
an
insurance
company
as
a
20
result
of
a
claim
settlement
and
the
cost
to
repair
the
vehicle
21
does
not
exceed
seventy-five
percent
of
the
fair
market
value
22
of
the
vehicle
prior
to
sustaining
the
damage
for
which
the
23
claim
was
paid.”
24
The
bill
also
provides
that
a
determination
that
the
cost
of
25
repair
of
the
vehicle
does
not
exceed
75
percent
of
the
fair
26
market
value
of
the
vehicle
shall
not
affect
the
right
of
an
27
insurer
or
vehicle
owner
to
make
an
economic
or
safety-related
28
decision
not
to
repair
the
vehicle.
29
Under
current
law,
a
wrecked
or
salvage
vehicle
means
a
30
damaged
vehicle
for
which
the
cost
of
repair
exceeds
50
percent
31
of
the
fair
market
value
of
the
vehicle.
The
bill
increases
32
the
cost
of
repair
threshold
to
75
percent
of
the
fair
market
33
value
of
the
vehicle
and
prohibits
the
calculation
of
the
cost
34
of
repair
from
including
costs
associated
with
towing,
storage,
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vehicle
rental,
cosmetic
damage
repairs,
or
tax
on
labor
1
and
materials
used
to
repair
the
vehicle.
The
bill
defines
2
“cosmetic
damage
repairs”
to
mean
repairs
done
only
for
the
3
sake
of
appearance,
including
for
decorative,
ornamental,
or
4
superficial
purposes,
that
if
left
unrepaired
would
not
impact
5
the
functionality
of
the
vehicle
or
render
the
vehicle
unsafe
6
or
unable
to
operate.
The
bill
specifies
that
“cosmetic
damage
7
repairs”
includes
costs
for
vehicle
refinishing
materials
8
and
repairs
relating
to
external
trim
molding
and
fascia;
9
molded,
nonmetal
bumper
covers;
grilles;
entertainment
systems;
10
audiovisual,
telephone,
and
mapping
equipment;
emblems,
11
stripes,
and
decals;
hubcaps
and
wheel
covers;
interior
carpet;
12
upholstery
other
than
for
the
driver
seat;
and
interior
door
13
trim
panels.
The
bill
further
specifies
that
“cosmetic
damage
14
repairs”
does
not
include
the
cost
of
labor
other
than
labor
15
associated
with
vehicle
refinishing
or
the
cost
of
any
repair
16
necessary
to
pass
a
safety
inspection
required
by
law.
17
Under
current
law,
a
violation
of
Code
section
321.52
is
18
punishable
by
a
scheduled
fine
of
$100.
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