Senate
File
2262
-
Introduced
SENATE
FILE
2262
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
3132)
A
BILL
FOR
An
Act
relating
to
final-stage
motor
vehicle
manufacturers.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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2262
Section
1.
Section
321.1,
subsection
37,
Code
2018,
is
1
amended
to
read
as
follows:
2
37.
“Manufacturer”
means
every
person
engaged
in
the
3
business
of
fabricating
or
assembling
vehicles
of
a
type
4
required
to
be
registered.
“Manufacturer”
does
not
include
5
a
person
who
converts,
modifies,
or
alters
a
completed
6
motor
vehicle
manufactured
by
another
person
or
a
person
who
7
assembles
a
glider
kit
vehicle.
“Manufacturer”
includes
a
8
person
who
uses
a
completed
motor
vehicle
manufactured
by
9
another
person
to
construct
a
class
“B”
motor
home
as
defined
10
in
section
321.124
.
“Manufacturer”
also
includes
a
final-stage
11
manufacturer
as
defined
in
section
322.2.
12
Sec.
2.
Section
322.2,
Code
2018,
is
amended
by
adding
the
13
following
new
subsections:
14
NEW
SUBSECTION
.
10A.
“Final-stage
manufacturer”
means
15
a
person
who
performs
such
manufacturing
operations
on
an
16
incomplete
motor
vehicle
that
it
becomes
a
completed
motor
17
vehicle.
18
NEW
SUBSECTION
.
11A.
“Incomplete
motor
vehicle”
means
19
an
assemblage
consisting,
at
a
minimum,
of
frame
and
chassis
20
structure,
power
train,
steering
system,
suspension
system,
21
and
braking
system
to
the
extent
that
those
systems
are
to
22
be
part
of
a
completed
motor
vehicle,
that
requires
further
23
manufacturing
operations,
other
than
the
addition
of
readily
24
attachable
components,
such
as
mirrors
or
tire
and
rim
25
assemblies,
or
minor
finishing
operations
such
as
painting,
to
26
become
a
completed
motor
vehicle.
27
NEW
SUBSECTION
.
11B.
“Incomplete
motor
vehicle
manufacturer”
28
means
a
person
who
manufactures
an
incomplete
motor
vehicle
29
by
assembling
components
none
of
which,
taken
separately,
30
constitute
a
completed
motor
vehicle.
31
NEW
SUBSECTION
.
14A.
“Multi-stage
manufactured
vehicle”
32
means
a
motor
vehicle
built
in
two
or
more
stages
in
which
33
an
incomplete
motor
vehicle,
built
by
one
manufacturer,
is
34
completed
by
another
manufacturer
who
adds
cargo
carrying
35
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2262
components
or
other
components
to
the
vehicle.
1
Sec.
3.
Section
322.2,
subsection
12,
Code
2018,
is
amended
2
to
read
as
follows:
3
12.
“Manufacturer”
means
any
person
engaged
in
the
business
4
of
fabricating
or
assembling
motor
vehicles.
“Manufacturer”
5
does
not
include
a
person
who
converts,
modifies,
or
alters
a
6
completed
motor
vehicle
manufactured
by
another
person
or
a
7
person
who
assembles
a
glider
kit
vehicle
as
defined
in
section
8
321.1
.
“Manufacturer”
includes
a
person
who
uses
a
completed
9
motor
vehicle
manufactured
by
another
person
to
construct
10
a
class
“B”
motor
home
as
defined
in
section
321.124
or
a
11
motorsports
recreational
vehicle
as
defined
in
section
321.1
.
12
“Manufacturer”
also
includes
a
final-stage
manufacturer.
13
Sec.
4.
Section
322.3,
subsection
1,
Code
2018,
is
amended
14
to
read
as
follows:
15
1.
A
person
shall
not
engage
in
this
state
in
the
16
business
of
selling
at
retail
new
motor
vehicles
of
any
17
make
or
represent
or
advertise
that
the
person
is
engaged
or
18
intends
to
engage
in
such
business
in
this
state
unless
the
19
person
is
authorized
to
do
so
by
a
contract
in
writing
with
20
the
manufacturer
or
distributor
of
such
make
of
new
motor
21
vehicles
and
unless
the
department
has
licensed
the
person
22
as
a
motor
vehicle
dealer
in
this
state
in
motor
vehicles
of
23
such
make
and
has
issued
to
the
person
a
license
in
writing
as
24
provided
in
this
chapter
.
Notwithstanding
the
prohibitions
25
in
this
subsection,
a
final-stage
manufacturer
of
multi-stage
26
manufactured
vehicles
that
holds
a
used
motor
vehicle
27
dealer
license
issued
pursuant
to
this
chapter
may
assign
an
28
incomplete
motor
vehicle’s
manufacturer’s
statement
of
origin
29
to
a
retail
buyer
for
purposes
of
issuance
of
a
certificate
of
30
title
by
a
county
treasurer
as
a
new
motor
vehicle
with
the
31
same
make
as
the
incomplete
motor
vehicle
without
holding
a
new
32
motor
vehicle
dealer
license
and
without
paying
any
associated
33
motor
vehicle
registration
fees.
A
licensed
dealer
in
new
34
motor
vehicles
may
also
assign
an
incomplete
motor
vehicle’s
35
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manufacturer’s
statement
of
origin
in
the
same
manner
as
1
provided
in
this
subsection.
2
Sec.
5.
Section
322.3,
subsection
14,
Code
2018,
is
amended
3
by
adding
the
following
new
paragraph:
4
NEW
PARAGRAPH
.
f.
A
final-stage
manufacturer
of
multi-stage
5
manufactured
vehicles
from
being
licensed
as
a
used
motor
6
vehicle
dealer
or
from
assigning
an
incomplete
motor
vehicle’s
7
manufacturer’s
statement
of
origin
to
a
retail
buyer
for
8
purposes
of
issuance
of
a
certificate
of
title
by
a
county
9
treasurer
as
a
new
motor
vehicle
with
the
same
make
as
the
10
incomplete
motor
vehicle
without
holding
a
new
motor
vehicle
11
dealer
license
and
without
paying
any
associated
motor
vehicle
12
registration
fees.
This
paragraph
shall
not
be
construed
13
to
authorize
a
manufacturer
or
incomplete
motor
vehicle
14
manufacturer
to
directly
sell
at
retail
incomplete
or
completed
15
motor
vehicles
to
a
retail
buyer
except
as
provided
in
this
16
subsection.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
This
bill
provides
that
“manufacturer”
under
Code
sections
21
321.1
and
322.2
includes
a
final-stage
manufacturer.
The
22
bill
defines
“final-stage
manufacturer”
to
mean
a
person
who
23
performs
such
manufacturing
operations
on
an
incomplete
motor
24
vehicle
that
it
becomes
a
completed
motor
vehicle.
“Incomplete
25
motor
vehicle”
means
an
assemblage
consisting,
at
a
minimum,
26
of
frame
and
chassis
structure,
power
train,
steering
system,
27
suspension
system,
and
braking
system
to
the
extent
that
those
28
systems
are
to
be
part
of
a
completed
motor
vehicle,
that
29
requires
further
manufacturing
operations,
other
than
the
30
addition
of
readily
attachable
components,
such
as
mirrors
or
31
tire
and
rim
assemblies,
or
minor
finishing
operations
such
as
32
painting,
to
become
a
completed
motor
vehicle.
33
Under
current
law,
Code
section
322.3(1)
prohibits
a
person
34
from
engaging
in
the
business
of
selling
at
retail
new
motor
35
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vehicles
of
any
make,
or
from
representing
or
advertising
that
1
the
person
is
engaged
or
intends
to
engage
in
such
business,
2
unless
the
person
is
authorized
to
do
so
by
a
contract
in
3
writing
with
the
manufacturer
or
distributor
of
such
make
of
4
new
motor
vehicles
and
unless
the
department
of
transportation
5
has
licensed
the
person
as
a
motor
vehicle
dealer
in
motor
6
vehicles
of
such
make
and
has
issued
to
the
person
a
license
7
in
writing
as
provided
in
Code
chapter
322.
The
bill
provides
8
that
notwithstanding
these
prohibitions,
a
final-stage
9
manufacturer
of
multi-stage
manufactured
vehicles
that
holds
10
a
used
motor
vehicle
dealer
license
may
assign
an
incomplete
11
motor
vehicle’s
manufacturer’s
statement
of
origin
to
a
retail
12
buyer
for
purposes
of
issuance
of
a
certificate
of
title
by
13
a
county
treasurer
as
a
new
motor
vehicle
with
the
same
make
14
as
the
incomplete
motor
vehicle
without
holding
a
new
motor
15
vehicle
dealer
license
and
without
paying
any
associated
16
motor
vehicle
registration
fees.
The
bill
provides
that
a
17
“multi-stage
manufactured
vehicle”
means
a
motor
vehicle
built
18
in
two
or
more
stages
in
which
an
incomplete
motor
vehicle,
19
built
by
one
manufacturer,
is
completed
by
another
manufacturer
20
who
adds
cargo
carrying
components
or
other
components
to
the
21
vehicle.
The
bill
also
provides
a
licensed
dealer
in
new
22
motor
vehicles
may
also
assign
an
incomplete
motor
vehicle’s
23
manufacturer’s
statement
of
origin
in
the
same
manner.
24
Under
current
law,
Code
section
322.3(14)
prohibits
a
motor
25
vehicle
manufacturer
or
importer
from
directly
or
indirectly
26
being
licensed
as,
owning
an
interest
in,
operating,
or
27
controlling
a
motor
vehicle
dealer,
with
certain
exceptions.
28
The
bill
adds
to
the
list
of
exceptions
a
provision
allowing
a
29
final-stage
manufacturer
of
multi-stage
manufactured
vehicles
30
to
be
licensed
as
a
used
motor
vehicle
dealer
and
to
assign
an
31
incomplete
motor
vehicle’s
manufacturer’s
statement
of
origin
32
to
a
retail
buyer
for
purposes
of
issuance
of
a
certificate
of
33
title
by
a
county
treasurer
as
a
new
motor
vehicle
with
the
34
same
make
as
the
incomplete
motor
vehicle
without
holding
a
new
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motor
vehicle
dealer
license
and
without
paying
any
associated
1
motor
vehicle
registration
fees.
The
bill
provides
that
the
2
exception
shall
not
be
construed
to
authorize
a
manufacturer
3
or
incomplete
motor
vehicle
manufacturer
to
directly
sell
at
4
retail
incomplete
or
completed
motor
vehicles
to
a
retail
5
buyer
except
as
provided
in
Code
section
322.3(14).
The
bill
6
provides
that
an
“incomplete
motor
vehicle
manufacturer”
7
means
a
person
who
manufactures
an
incomplete
motor
vehicle
8
by
assembling
components
none
of
which,
taken
separately,
9
constitute
a
completed
motor
vehicle.
10
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5/
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