Text: H01662 Text: H01664 Text: H01600 - H01699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 671 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "DIVISION I 1 5 CERTIFICATES OF TITLE 1 6 Section 1. NEW SECTION. 321G.29 OWNER'S 1 7 CERTIFICATE OF TITLE – IN GENERAL. 1 8 1. The owner of a snowmobile or all-terrain 1 9 vehicle, other than a snowmobile or all-terrain 1 10 vehicle used exclusively as a farm implement, shall 1 11 apply to the county recorder of the county in which 1 12 the owner resides for a certificate of title for the 1 13 snowmobile or all-terrain vehicle. The owner of a 1 14 snowmobile or all-terrain vehicle used exclusively as 1 15 a farm implement may obtain a certificate of title. 1 16 2. A certificate of title shall contain the 1 17 information and shall be issued on a form the 1 18 department prescribes. 1 19 3. An owner of a snowmobile or all-terrain vehicle 1 20 shall apply to the county recorder for issuance of a 1 21 certificate of title within thirty days after 1 22 acquisition. The application shall be on forms the 1 23 department prescribes and accompanied by the required 1 24 fee. The application shall be signed and sworn to 1 25 before a notary public or other person who administers 1 26 oaths, or shall include a certification signed in 1 27 writing containing substantially the representation 1 28 that statements made are true and correct to the best 1 29 of the applicant's knowledge, information, and belief, 1 30 under penalty of perjury. The application shall 1 31 contain the date of sale and gross price of the 1 32 snowmobile or all-terrain vehicle or the fair market 1 33 value if no sale immediately preceded the transfer and 1 34 any additional information the department requires. 1 35 If the application is made for a snowmobile or all- 1 36 terrain vehicle last previously registered or titled 1 37 in another state or foreign country, the application 1 38 shall contain this information and any other 1 39 information the department requires. 1 40 4. If a dealer buys or acquires a snowmobile or 1 41 all-terrain vehicle for resale, the dealer shall 1 42 report the acquisition to the county recorder on forms 1 43 provided by the department and may apply for and 1 44 obtain a certificate of title as provided in this 1 45 chapter. If a dealer buys or acquires a used 1 46 snowmobile or all-terrain vehicle, the dealer may 1 47 apply for a certificate of title in the dealer's name 1 48 within fifteen days. If a dealer buys or acquires a 1 49 new snowmobile or all-terrain vehicle for resale, the 1 50 dealer may apply for a certificate of title in the 2 1 dealer's name. 2 2 5. A manufacturer or dealer shall not transfer 2 3 ownership of a new snowmobile or all-terrain vehicle 2 4 without supplying the transferee with the 2 5 manufacturer's or importer's certificate of origin 2 6 signed by the manufacturer's or importer's authorized 2 7 agent. The certificate shall contain information the 2 8 department requires. The department may adopt rules 2 9 providing for the issuance of a certificate of origin 2 10 for a snowmobile or all-terrain vehicle by the 2 11 department upon good cause shown by the owner. 2 12 6. A dealer transferring ownership of a snowmobile 2 13 or all-terrain vehicle under this chapter shall assign 2 14 the title to the new owner, or in the case of a new 2 15 snowmobile or all-terrain vehicle, assign the 2 16 certificate of origin. Within fifteen days the dealer 2 17 shall forward all moneys and applications to the 2 18 county recorder. 2 19 7. The county recorder shall maintain a record of 2 20 any certificate of title which the county recorder 2 21 issues and shall keep each certificate of title on 2 22 record until the certificate of title has been 2 23 inactive for five years. When issuing a title for a 2 24 new snowmobile or all-terrain vehicle, the county 2 25 recorder shall obtain and keep on file the certificate 2 26 of origin. 2 27 8. Once titled, a person shall not sell or 2 28 transfer ownership of a snowmobile or all-terrain 2 29 vehicle without delivering to the purchaser or 2 30 transferee a certificate of title with an assignment 2 31 on it showing title in the purchaser or transferee. A 2 32 person shall not purchase or otherwise acquire a 2 33 snowmobile or all-terrain vehicle without obtaining a 2 34 certificate of title for it in that person's name. 2 35 9. The county recorder shall transmit a copy of 2 36 the certificate of title to the department, which 2 37 shall be the central repository of title information 2 38 for snowmobiles and all-terrain vehicles. 2 39 Sec. 2. NEW SECTION. 321G.30 FEES – SURCHARGE 2 40 – DUPLICATES. 2 41 1. The county recorder shall charge a ten dollar 2 42 fee to issue a certificate of title, a transfer of 2 43 title, a duplicate, or a corrected certificate of 2 44 title. 2 45 2. If a certificate of title is lost, stolen, 2 46 mutilated, destroyed, or becomes illegible, the first 2 47 lienholder or, if there is none, the owner named in 2 48 the certificate, as shown by the county recorder's 2 49 records, shall within thirty days obtain a duplicate 2 50 by applying to the county recorder. The applicant 3 1 shall furnish information the department requires 3 2 concerning the original certificate and the 3 3 circumstances of its loss, mutilation, or destruction. 3 4 Mutilated or illegible certificates shall be returned 3 5 to the department with the application for a 3 6 duplicate. 3 7 3. The duplicate certificate of title shall be 3 8 marked plainly "duplicate" across its face and mailed 3 9 or delivered to the applicant. 3 10 4. If a lost or stolen original certificate of 3 11 title for which a duplicate has been issued is 3 12 recovered, the original shall be surrendered promptly 3 13 to the department for cancellation. 3 14 5. Five dollars of the certificate of title fees 3 15 collected under this section shall be remitted by the 3 16 county recorder to the treasurer of state for deposit 3 17 in the special conservation fund created under section 3 18 321G.7. The remaining five dollars shall be retained 3 19 by the county and deposited into the general fund of 3 20 the county. 3 21 Sec. 3. NEW SECTION. 321G.31 TRANSFER OR 3 22 REPOSSESSION OF SNOWMOBILE OR ALL-TERRAIN VEHICLE BY 3 23 OPERATION OF LAW. 3 24 1. If ownership of a snowmobile or all-terrain 3 25 vehicle is transferred by operation of law, such as by 3 26 inheritance, order in bankruptcy, insolvency, 3 27 replevin, or execution sale, the transferee, within 3 28 thirty days after acquiring the right to possession of 3 29 the snowmobile or all-terrain vehicle, shall mail or 3 30 deliver to the county recorder satisfactory proof of 3 31 ownership as the county recorder requires, together 3 32 with an application for a new certificate of title, 3 33 and the required fee. 3 34 2. If a lienholder repossesses a snowmobile or 3 35 all-terrain vehicle by operation of law and holds it 3 36 for resale, the lienholder shall secure a new 3 37 certificate of title and shall pay the required fee. 3 38 Sec. 4. NEW SECTION. 321G.32 SECURITY INTEREST 3 39 – PERFECTION AND TITLES – FEE. 3 40 1. A security interest created in this state in a 3 41 snowmobile or all-terrain vehicle is not perfected 3 42 until the security interest is noted on the 3 43 certificate of title. 3 44 a. To perfect the security interest, an 3 45 application for security interest must be presented 3 46 along with the original title. The county recorder 3 47 shall note the security interest on the face of the 3 48 title and on the copy in the recorder's office. 3 49 b. The application fee for a security interest is 3 50 ten dollars. Five dollars of the fee shall be 4 1 credited to the special conservation fund created 4 2 under section 321G.7. The remaining five dollars 4 3 shall be retained by the county and deposited into the 4 4 general fund of the county. 4 5 2. The certificate of title shall be presented to 4 6 the county recorder when the application for security 4 7 interest or for assignment of the security interest is 4 8 presented and a new or endorsed certificate of title 4 9 shall be issued to the secured party with the name and 4 10 address of the secured party upon it. 4 11 3. The secured party shall present the certificate 4 12 of title to the county recorder when a release 4 13 statement is filed and a new or endorsed certificate 4 14 shall be issued to the owner. 4 15 DIVISION II 4 16 POINT OF SALE REGISTRATION 4 17 Sec. 5. Section 321G.15, Code 1997, is amended to 4 18 read as follows: 4 19 321G.15 OPERATION PENDING REGISTRATION. 4 20 The commission shall furnish snowmobile and all- 4 21 terrain vehicle dealers with pasteboard cards bearing 4 22 the words "registration applied for" and space for the 4 23 date of purchase. An unregistered all-terrain vehicle 4 24 or snowmobile sold by a dealer shall bear one of these 4 25 cards which entitles the purchaser to operate it for 4 26 ten days immediately following the purchase. The 4 27 purchaser of a registered all-terrain vehicle or 4 28 snowmobile may operate it for ten days immediately 4 29 following the purchase, without having completed a 4 30 transfer of registration.A person who purchases an4 31all-terrain vehicle or snowmobile from a dealer shall,4 32within five days of the purchase, apply for an all-4 33terrain vehicle or snowmobile registration or transfer4 34of registration.A snowmobile or all-terrain vehicle 4 35 dealer shall make application and pay all registration 4 36 fees on behalf of the purchaser of a snowmobile or 4 37 all-terrain vehicle. 4 38 DIVISION III 4 39 REGISTRATION FEES 4 40 Sec. 6. Section 321G.6, unnumbered paragraphs 1 4 41 and 2, Code 1997, are amended to read as follows: 4 42 Every all-terrain vehicle or snowmobile 4 43 registration certificate and number issued expires at 4 44 midnight December 31, and renewals expire every two 4 45 years thereafter unless sooner terminated or 4 46 discontinued in accordance with this chapter. After 4 47 the first day of September each even-numbered year, an 4 48 unregistered all-terrain vehicle or snowmobile and 4 49 renewals may be registered for the subsequent biennium 4 50 beginning January 1. An all-terrain vehicle or 5 1 snowmobile registered between January 1 and September 5 2 1 of even-numbered years shall be registered for a fee 5 3 often dollarstwelve dollars and fifty cents for the 5 4 remainder of the registration period. 5 5 After the first day of September in even-numbered 5 6 years an unregistered all-terrain vehicle or 5 7 snowmobile may be registered for the remainder of the 5 8 current registration period and for the subsequent 5 9 registration period in one transaction. The fee shall 5 10 be five dollars for the remainder of the current 5 11 period, in addition to the registration fee oftwenty5 12 twenty-five dollars for an all-terrain vehicle and 5 13 twenty-five dollars for a snowmobile for the 5 14 subsequent biennium beginning January 1, and a writing 5 15 fee. Registration certificates and numbers may be 5 16 renewed upon application of the owner in the same 5 17 manner as provided in securing the original 5 18 registration. The all-terrain vehicle or snowmobile 5 19 registration fee is in lieu of personal property tax 5 20 for each year of the registration. 5 21 DIVISION IV 5 22 DEFINITIONS 5 23 Sec. 7. Section 321.1, subsection 4, Code 1997, is 5 24 amended to read as follows: 5 25 4. "All-terrain vehicle" means a motor vehicle 5 26 designed to travel on three or more wheels and 5 27 designed primarily for off-road recreational use but 5 28 not including farm tractors or equipment, construction 5 29 equipment, forestry vehicles, or lawn and grounds 5 30 maintenance vehicles. 5 31 Sec. 8. Section 321G.1, subsection 1, Code 1997, 5 32 is amended to read as follows: 5 33 1. "All-terrain vehicle" means a motorized 5 34 flotation-tire vehicle with not less than three low 5 35 pressure tires, but not more than six low pressure 5 36 tires, or a two-wheeled off-road motorcycle, that is 5 37 limited in engine displacement to less than eight 5 38 hundred cubic centimeters and in total dry weight to 5 39 less than seven hundred fifty pounds and that has a 5 40 seat or saddle designed to be straddled by the 5 41 operator and handlebars for steering control. 5 42 DIVISION V 5 43 EFFECTIVE DATE 5 44 Sec. 9. EFFECTIVE DATE. This Act takes effect 5 45 January 1, 1998." 5 46 #2. Title page, by striking lines 1 through 4 and 5 47 inserting the following: "An Act relating to 5 48 snowmobiles and all-terrain vehicles including the 5 49 definition of all-terrain vehicle and by requiring 5 50 title certificates, increasing snowmobile and all- 6 1 terrain vehicle registration fees, providing for point 6 2 of sale registration, and providing an effective 6 3 date." 6 4 6 5 6 6 6 7 BLODGETT of Cerro Gordo 6 8 HF 671.701 77 6 9 mk/sc/28
Text: H01662 Text: H01664 Text: H01600 - H01699 Text: H Index Bills and Amendments: General Index Bill History: General Index
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