Senate Study Bill 3179 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT BILL BY CHAIRPERSON DEARDEN) A BILL FOR An Act relating to the regulation of snowmobiles, and making 1 penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6088SC (6) 85 dea/nh
S.F. _____ Section 1. Section 321G.3, Code 2014, is amended to read as 1 follows: 2 321G.3 Registration Resident registration and user permit 3 required —— farm exemption —— penalties. 4 1. Each snowmobile used by a resident on public land, 5 public ice, or a designated snowmobile trail of this state 6 shall be currently registered in this state pursuant to section 7 321G.4 . A person resident shall not operate, maintain, or give 8 permission for the operation or maintenance of a snowmobile 9 on public land, public ice, or a designated snowmobile trail 10 unless the snowmobile is registered in accordance with this 11 chapter or applicable federal laws or in accordance with an 12 approved numbering system of another state and the evidence 13 of registration is in full force and effect . A The owner 14 of a snowmobile must also be issued obtain a user permit in 15 accordance with this chapter section 321G.4A . 16 2. The owner of a snowmobile that is exempt from regular 17 registration under section 321G.8, subsection 2, for which a 18 certificate of title has been issued, shall apply for a special 19 farm registration certificate which shall be issued without 20 payment of a registration fee, upon payment of a writing fee 21 as provided in section 321G.27 and an administrative fee 22 established by the commission. A registration decal shall not 23 be issued for the snowmobile and the special farm registration 24 shall not expire so long as the snowmobile remains exempt from 25 regular registration. 26 2. 3. A violation of subsection 1 is punishable as a 27 scheduled violation under section 805.8B, subsection 2 , 28 paragraph “a” . When the scheduled fine is paid, the violator 29 shall submit proof to the department that a valid registration 30 and user permit have been obtained by providing a copy of the 31 registration and user permit to the department within thirty 32 days of the date the fine is paid. A person who violates this 33 subsection is guilty of a simple misdemeanor. 34 Sec. 2. Section 321G.4, subsections 2 and 4, Code 2014, are 35 -1- LSB 6088SC (6) 85 dea/nh 1/ 6
S.F. _____ amended to read as follows: 1 2. The owner of the snowmobile shall file an application for 2 registration with the department through the county recorder of 3 the county of residence, or in the case of a nonresident owner 4 wishing to register a snowmobile in this state , in the county 5 of primary use, in the manner established by the commission. 6 The application shall be completed by the owner and shall be 7 accompanied by a fee of fifteen dollars and a writing fee 8 as provided in section 321G.27 . A snowmobile shall not be 9 registered by the county recorder until the county recorder is 10 presented with receipts, bills of sale, or other satisfactory 11 evidence that the sales or use tax has been paid for the 12 purchase of the snowmobile or that the owner is exempt from 13 paying the tax. A snowmobile that has an expired registration 14 certificate from another state may be registered in this state 15 upon proper application, payment of all applicable registration 16 and writing fees, and payment of a penalty of five dollars. 17 4. Notwithstanding subsections 1 and 2 , a snowmobile that 18 is more than thirty years old manufactured prior to 1984 may 19 be registered as an antique snowmobile for a one-time fee 20 of twenty-five dollars, which shall exempt the owner from 21 annual registration and fee requirements for that snowmobile. 22 However, if ownership of such a an antique snowmobile is 23 transferred, the new owner shall register the snowmobile and 24 pay the one-time fee as required under this subsection . A 25 snowmobile may be registered under this section with only a 26 signed bill of sale as evidence of ownership. 27 Sec. 3. NEW SECTION . 321G.4B Nonresident requirements —— 28 penalties. 29 1. A nonresident wishing to operate a snowmobile on public 30 land, public ice, or a designated snowmobile trail of this 31 state shall obtain a user permit in accordance with section 32 321G.4A. In addition to obtaining a user permit, a nonresident 33 shall register the snowmobile pursuant to section 321G.4 or 34 display a current registration decal or other evidence of 35 -2- LSB 6088SC (6) 85 dea/nh 2/ 6
S.F. _____ registration or numbering required by the owner’s state of 1 residence unless the owner resides in a state that does not 2 register or number snowmobiles. 3 2. A violation of subsection 1 is punishable as a scheduled 4 violation under section 805.8B, subsection 2, paragraph 5 “a” . When the scheduled fine is paid, the violator shall 6 submit proof to the department that a user permit has been 7 obtained and provide evidence of registration in this state 8 or registration or numbering as required by the owner’s state 9 of residence, if applicable, to the department within thirty 10 days of the date the fine is paid. A person who violates this 11 section is guilty of a simple misdemeanor. 12 Sec. 4. Section 321G.8, subsection 2, Code 2014, is amended 13 to read as follows: 14 2. Snowmobiles used exclusively as farm implements , except 15 as provided in section 321G.3, subsection 2 . 16 Sec. 5. Section 321G.20, Code 2014, is amended to read as 17 follows: 18 321G.20 Operation by minors. 19 1. An owner or operator of a snowmobile shall not permit a 20 person under twelve years of age to operate and a person less 21 than twelve years of age shall not operate a snowmobile on a 22 designated snowmobile trail, public land, or public ice except 23 when unless the person is accompanied on the same snowmobile by 24 a responsible person of at least eighteen years of age who is 25 experienced in snowmobile operation and who possesses a valid 26 driver’s license, as defined in section 321.1 , or an education 27 certificate issued under this chapter or the person is 28 operating a snowmobile approved for operation by a person under 29 12 years of age pursuant to rules adopted by the department and 30 is accompanied as provided in subsection 2 . 31 2. While operating a snowmobile on a designated A person 32 under sixteen years of age shall not operate a snowmobile on 33 a designated snowmobile trail, public land, or public ice , a 34 person twelve through fifteen years of age shall possess a 35 -3- LSB 6088SC (6) 85 dea/nh 3/ 6
S.F. _____ valid education certificate issued under this chapter and must 1 be unless the operation is under the direct supervision of a 2 parent, guardian, or another adult authorized by the parent 3 or guardian, who is experienced in snowmobile operation and 4 possesses a valid driver’s license, as defined in section 5 321.1 , or an education certificate issued under this chapter . 6 3. A person under eighteen twelve through seventeen years of 7 age but over the age of fifteen shall not operate a snowmobile 8 on or across a public highway a designated snowmobile trail, 9 public land, or public ice unless the person has in the 10 person’s possession an education certificate issued to the 11 person pursuant to this chapter . 12 Sec. 6. Section 321G.24, subsection 1, Code 2014, is amended 13 to read as follows: 14 1. A person under eighteen twelve through seventeen years 15 of age shall not operate a snowmobile on public land, public 16 ice, a designated snowmobile trail, or land purchased with 17 snowmobile registration funds in this state without obtaining a 18 valid an education certificate approved by the department and 19 having the certificate in the person’s possession, unless the 20 person is accompanied on the same snowmobile by a responsible 21 person of at least eighteen years of age who is experienced in 22 snowmobile operation and possesses a valid driver’s license, as 23 defined in section 321.1 , or an education certificate issued 24 under this chapter . 25 Sec. 7. Section 805.8B, subsection 2, paragraph a, Code 26 2014, is amended to read as follows: 27 a. For registration or user permit violations under section 28 321G.3, subsection 1 , or section 321G.4B, the scheduled fine 29 is fifty dollars. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill contains provisions relating to the registration 34 and operation of snowmobiles. 35 -4- LSB 6088SC (6) 85 dea/nh 4/ 6
S.F. _____ The bill separates requirements for residents from 1 requirements for nonresidents. Pursuant to current law, the 2 owner of a snowmobile who is a resident of this state is 3 required to register the snowmobile and obtain a user permit. 4 That requirement is retained in Code section 321G.3. In 5 addition, that Code section is amended to provide for the 6 issuance of a special farm registration certificate for a 7 snowmobile that is exempt from registration but is titled. 8 The applicant for the special farm registration certificate 9 is required to pay a writing fee and an administrative fee, 10 but not a registration fee. The special farm registration is 11 nonexpiring, so long as the snowmobile retains the exemption 12 from regular registration. 13 The bill moves current requirements and penalty provisions 14 for nonresidents into new Code section 321G.4B. Current 15 requirements do not change: A nonresident who operates 16 a snowmobile on public land, public ice, or a designated 17 snowmobile trail in this state must obtain a user permit in 18 this state. In addition, a nonresident must either register 19 the snowmobile in this state or display a current registration 20 decal or other evidence of registration or numbering required 21 by the owner’s state of residence, if required by that state. 22 Pursuant to current law, the penalty for a violation of 23 registration or user permit requirements by a resident or a 24 nonresident is punishable by a scheduled fine of $50. Within 25 30 days after payment of the fine, a resident or nonresident 26 must submit proof that a user permit and registration, 27 if applicable, have been obtained. A violation of that 28 requirement is a simple misdemeanor. 29 The bill provides that a snowmobile manufactured prior 30 to 1984 may be registered as an antique snowmobile for a 31 one-time fee of $25, which provides an exemption from annual 32 registration and fee requirements for that snowmobile. Current 33 law allows the one-time fee registration for snowmobiles that 34 are more than 30 years old. If ownership of the snowmobile is 35 -5- LSB 6088SC (6) 85 dea/nh 5/ 6
S.F. _____ transferred, the new owner must register the snowmobile and pay 1 the one-time fee as required under this subsection. The bill 2 also provides that an antique snowmobile may be registered with 3 only a signed bill of sale as evidence of ownership. 4 Currently, a person under 12 years of age is not permitted 5 to operate a snowmobile on a designated snowmobile trail, 6 public land, or public ice unless accompanied on the same 7 snowmobile by a responsible person who is at least 18 years of 8 age, is experienced in snowmobile operation, and possesses a 9 valid driver’s license or a snowmobile education certificate. 10 A person age 12 through 15 must have a snowmobile education 11 certificate and be under the direct supervision of a parent, 12 guardian, or another adult authorized by the parent or guardian 13 who is experienced in snowmobile operation and possesses a 14 valid driver’s license or a snowmobile education certificate. 15 The bill eliminates the requirement that the person under 12 16 years of age be accompanied on the same snowmobile, provided 17 the snowmobile is approved for operation by a person under 18 12 years of age pursuant to rules adopted by the department 19 of natural resources. The direct supervision requirement is 20 amended to apply to any person under 16 years of age. 21 Current law prohibits a person under 18 years of age but 22 over the age of 15 from operating a snowmobile on or across 23 a public highway without a snowmobile education certificate 24 in the person’s possession. That provision is stricken, and 25 the bill instead requires that any person age 12 through 26 17 have an education certificate in order to operate a 27 snowmobile on a designated trail, public land, or public ice 28 unless the person is accompanied on the same snowmobile by a 29 responsible person at least 18 years of age who is experienced 30 in snowmobile operation and possesses a valid driver’s license 31 or a snowmobile education certificate. 32 The bill makes a conforming amendment to Code section 805.8B 33 to reflect the new location of the penalty provision for 34 nonresidents. 35 -6- LSB 6088SC (6) 85 dea/nh 6/ 6