Iowa 2023-2024 Regular Session

Iowa House Bill HF493 Latest Draft

Bill / Introduced Version Filed 02/28/2023

                            House File 493 - Introduced   HOUSE FILE 493   BY ANDREWS   A BILL FOR   An Act relating to optional equipment and subscription service 1   fees included with the sale of motor vehicles by licensed 2   motor vehicle dealers, and making penalties applicable. 3   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4   TLSB 2402YH (2) 90   th/ns  

  H.F. 493   Section 1. Section 322.3, Code 2023, is amended by adding 1   the following new subsection: 2   NEW SUBSECTION   . 6A. A person who is engaged in the 3   business of selling motor vehicles at retail shall not make 4   or enter into a contract containing an optional equipment or 5   subscription service fee unless the cost of the additional fee 6   is included with the advertised sales price of the vehicle. 7   A contract containing an optional equipment or subscription 8   service fee must include all of the following: 9   a. A detailed description of the optional equipment 10   installed in the vehicle. 11   b. The cost of the optional equipment and any associated 12   subscription fee, including but not limited to the monthly cost 13   necessary to use the optional equipment. 14   c. Contact information of the manufacturer of the optional 15   equipment, including a telephone number and email address, that 16   directs the buyer to a customer service representative who can 17   assist with the termination of the subscription service. 18   EXPLANATION 19   The inclusion of this explanation does not constitute agreement with 20   the explanations substance by the members of the general assembly. 21   This bill prohibits a person who is engaged in the business 22   of selling motor vehicles at retail from making or entering 23   into a contract that has an optional equipment or subscription 24   service fee unless the cost of the additional fee is included 25   with the advertised sales price of the vehicle. A contract 26   that has an optional equipment or subscription service fee 27   must include a detailed description of the optional equipment 28   installed in the vehicle, a breakdown of the cost of the 29   optional equipment and any associated subscription fee, 30   including but not limited to the monthly cost necessary to 31   use the optional equipment, and contact information of the 32   manufacturer of the optional equipment, including a telephone 33   number and email address, that directs the buyer to a customer 34   service representative who can assist with the termination of 35   -1-   LSB 2402YH (2) 90   th/ns 1/ 2   

  H.F. 493   the subscription service. 1   By operation of law, the department of transportation (DOT) 2   may revoke or suspend the motor vehicle dealer license granted 3   to a person if, after notice and hearing by the department of 4   inspections and appeals, the DOT finds that the person has, 5   among other things, not complied with Code chapter 322 or 6   any rules or regulations adopted by the DOT, including the 7   provisions of the bill. In addition, a person who violates 8   any provisions of Code chapter 322 for which a penalty is 9   not specifically provided is guilty of a simple misdemeanor 10   punishable by a fine of not less than $250 nor more than $1,500 11   or by imprisonment not to exceed 30 days. If the violation 12   involves a retail installment contract, the person is subject 13   to the applicable penalties under Code chapter 537 (consumer 14   credit code). 15   -2-   LSB 2402YH (2) 90   th/ns 2/ 2