Bill Text: IA HSB12 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to defective motorcycles and autocycles purchased or leased by consumers, making penalties applicable, and including applicability provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-08 - Committee report, recommending passage. H.J. 241. [HSB12 Detail]
Download: Iowa-2019-HSB12-Introduced.html
House
Study
Bill
12
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
ATTORNEY
GENERAL
BILL)
A
BILL
FOR
An
Act
relating
to
defective
motorcycles
and
autocycles
1
purchased
or
leased
by
consumers,
making
penalties
2
applicable,
and
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
322G.2,
subsection
13,
Code
2019,
is
1
amended
to
read
as
follows:
2
13.
“Motor
vehicle”
means
a
self-propelled
vehicle
purchased
3
or
leased
in
this
state,
except
as
provided
in
section
322G.15
,
4
and
primarily
designed
for
the
transportation
of
persons
or
5
property
over
public
streets
and
highways,
but
does
not
include
6
mopeds,
motorcycles,
autocycles,
motor
homes,
or
vehicles
over
7
fifteen
thousand
pounds
gross
vehicle
weight
rating.
8
Sec.
2.
APPLICABILITY.
This
Act
applies
to
motorcycles
and
9
autocycles
originally
purchased
or
leased
by
consumers
on
or
10
after
July
1,
2019.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
Code
chapter
322G
(defective
motor
vehicles
——
lemon
law)
15
sets
forth
a
consumer’s
right
to
obtain
repairs
to,
replacement
16
of,
or
a
refund
on
the
purchase
price
of
a
defective
motor
17
vehicle.
The
Code
chapter
also
sets
forth
the
duties
of
motor
18
vehicle
manufacturers,
informal
dispute
settlement
procedures,
19
and
certain
other
matters
related
to
such
rights.
Under
20
current
law,
Code
section
322G.2
defines
“motor
vehicle”
to
21
exclude
certain
types
of
vehicles,
including
motorcycles
and
22
autocycles.
This
bill
strikes
motorcycles
and
autocycles
from
23
the
exclusion,
thereby
making
the
provisions
of
Code
chapter
24
322G
applicable
to
motorcycles
and
autocycles.
25
Under
current
law,
a
violation
by
a
manufacturer
of
Code
26
chapter
322G
is
an
unfair
or
deceptive
trade
practice
in
27
violation
of
Code
section
714.16.
Pursuant
to
Code
section
28
714.16,
the
attorney
general
may
investigate
and
commence
29
civil
proceedings
seeking
restraining
orders
or
injunctions
30
prohibiting
persons
from
engaging
in
unlawful
practices
31
or
seeking
termination
of
the
business
affairs
of
a
person
32
engaging
in
unlawful
practices.
A
civil
penalty
of
up
to
33
$40,000
per
violation
may
also
be
imposed
by
a
court
against
34
a
person
found
to
have
committed
an
unlawful
practice.
By
35
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operation
of
law,
motorcycle
and
autocycle
manufacturers
would
1
be
subject
to
Code
section
714.16
for
violations
of
Code
2
chapter
322G
under
the
bill.
3
The
bill
applies
to
motorcycles
and
autocycles
originally
4
purchased
or
leased
by
consumers
on
or
after
July
1,
2019.
5
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2
