Text: HF00189 Text: HF00191 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 SNOWMOBILE CERTIFICATES OF TITLE 1 3 Section 1. NEW SECTION. 321G.29 OWNER'S CERTIFICATE OF 1 4 TITLE – IN GENERAL. 1 5 1. The owner of a snowmobile shall apply to the county 1 6 recorder of the county in which the owner resides for a 1 7 certificate of title for the snowmobile. 1 8 2. Each certificate of title shall contain the information 1 9 and shall be issued on a form the department prescribes. 1 10 3. Every owner of a snowmobile shall apply to the county 1 11 recorder for issuance of a certificate of title within thirty 1 12 days after acquisition. The application shall be on forms the 1 13 department prescribes and accompanied by the required fee. 1 14 The application shall be signed and sworn to before a notary 1 15 public or other person who administers oaths, or shall include 1 16 a certification signed in writing containing substantially the 1 17 representation that statements made are true and correct to 1 18 the best of the applicant's knowledge, information, and 1 19 belief, under penalty of perjury. The application shall 1 20 contain the date of sale and gross price of the snowmobile or 1 21 the fair market value if no sale immediately preceded the 1 22 transfer and any additional information the department 1 23 requires. If the application is made for a snowmobile last 1 24 previously registered or titled in another state or foreign 1 25 country, the application shall contain this information and 1 26 any other information the department requires. 1 27 4. If a dealer buys or acquires a snowmobile for resale, 1 28 the dealer shall apply for and obtain a certificate of title 1 29 as provided in this chapter. If a dealer buys or acquires a 1 30 used snowmobile, the dealer shall apply for a certificate of 1 31 title in the dealer's name within fifteen days. If a dealer 1 32 buys or acquires a new snowmobile for resale, the dealer may 1 33 apply for a certificate of title in the dealer's name. 1 34 5. Every dealer transferring a snowmobile under this 1 35 chapter shall assign the title to the new owner, or in the 2 1 case of a new snowmobile, assign the certificate of origin. 2 2 Within fifteen days the dealer shall forward all moneys and 2 3 applications to the county recorder. 2 4 6. The county recorder shall maintain a record of any 2 5 certificate of title which the county recorder issues and 2 6 shall keep each certificate of title on record until the 2 7 certificate of title has been inactive for five years. 2 8 7. A person shall not sell, assign, or transfer a 2 9 snowmobile without delivering to the purchaser or transferee a 2 10 certificate of title with an assignment on it showing title in 2 11 the purchaser or transferee. A person shall not purchase or 2 12 otherwise acquire a snowmobile without obtaining a certificate 2 13 of title for it in that person's name. 2 14 Sec. 2. NEW SECTION. 321G.30 FEES – SURCHARGE – 2 15 DUPLICATES. 2 16 1. The county recorder shall charge a five dollar fee to 2 17 issue a certificate of title, a transfer of title, a 2 18 duplicate, or a corrected certificate of title. 2 19 2. If a certificate of title is lost, stolen, mutilated, 2 20 destroyed, or becomes illegible, the first lienholder or, if 2 21 there is none, the owner named in the certificate, as shown by 2 22 the county recorder's records, shall within thirty days obtain 2 23 a duplicate by applying to the county recorder. The applicant 2 24 shall furnish information the department requires concerning 2 25 the original certificate and the circumstances of its loss, 2 26 mutilation, or destruction. Mutilated or illegible 2 27 certificates shall be returned to the department with the 2 28 application for a duplicate. 2 29 3. The duplicate certificate of title shall be marked 2 30 plainly "duplicate" across its face and mailed or delivered to 2 31 the applicant. 2 32 4. If a lost or stolen original certificate of title for 2 33 which a duplicate has been issued is recovered, the original 2 34 shall be surrendered promptly to the department for 2 35 cancellation. 3 1 5. The certificate of title fees collected under this 3 2 section shall be remitted by the county recorder to the 3 3 treasurer of state for deposit in the special conservation 3 4 fund created under section 321G.7. 3 5 Sec. 3. NEW SECTION. 321G.31 TRANSFER OR REPOSSESSION OF 3 6 SNOWMOBILE BY OPERATION OF LAW. 3 7 1. If ownership of a snowmobile is transferred by 3 8 operation of law, such as by inheritance, order in bankruptcy, 3 9 insolvency, replevin, or execution sale, the transferee, 3 10 within thirty days after acquiring the right to possession of 3 11 the snowmobile, shall mail or deliver to the county recorder 3 12 satisfactory proof of ownership as the county recorder 3 13 requires, together with an application for a new certificate 3 14 of title, and the required fee. 3 15 2. If a lienholder repossesses a snowmobile by operation 3 16 of law and holds it for resale, the lienholder shall secure a 3 17 new certificate of title and shall pay the required fee. 3 18 Sec. 4. NEW SECTION. 321G.32 SECURITY INTEREST – 3 19 PERFECTION AND TITLES – FEE. 3 20 1. A security interest created in this state in a 3 21 snowmobile is not perfected until the security interest is 3 22 noted on the certificate of title. 3 23 a. To perfect the security interest, an application for 3 24 security interest must be presented along with the original 3 25 title. The county recorder shall note the security interest 3 26 on the face of the title and on the copy in the recorder's 3 27 office. 3 28 b. The application fee for a security interest is five 3 29 dollars. The fee shall be credited to the special 3 30 conservation fund created under section 321G.7. 3 31 2. The certificate of title shall be presented to the 3 32 county recorder when the application for security interest or 3 33 for assignment of the security interest is presented and a new 3 34 or endorsed certificate of title shall be issued to the 3 35 secured party with the name and address of the secured party 4 1 upon it. 4 2 3. The secured party shall present the certificate of 4 3 title to the county recorder when a release statement is filed 4 4 and a new or endorsed certificate shall be issued to the 4 5 owner. 4 6 DIVISION II 4 7 POINT OF SALE REGISTRATION 4 8 Sec. 5. Section 321G.15, Code 1997, is amended to read as 4 9 follows: 4 10 321G.15 OPERATION PENDING REGISTRATION. 4 11 The commission shall furnish snowmobile and all-terrain 4 12 vehicle dealers with pasteboard cards bearing the words 4 13 "registration applied for" and space for the date of purchase. 4 14 An unregistered all-terrain vehicle or snowmobile sold by a 4 15 dealer shall bear one of these cards which entitles the 4 16 purchaser to operate it for ten days immediately following the 4 17 purchase. The purchaser of a registered all-terrain vehicle 4 18 or snowmobile may operate it for ten days immediately 4 19 following the purchase, without having completed a transfer of 4 20 registration. A person who purchases an all-terrain vehicle 4 21or snowmobilefrom a dealer shall, within five days of the 4 22 purchase, apply for an all-terrain vehicleor snowmobile4 23 registration or transfer of registration. A snowmobile dealer 4 24 shall make application and pay all registration fees on behalf 4 25 of the purchaser of a snowmobile. 4 26 DIVISION III 4 27 SNOWMOBILE REGISTRATION FEES 4 28 Sec. 6. Section 321G.6, unnumbered paragraphs 1 and 2, 4 29 Code 1997, are amended to read as follows: 4 30 Every all-terrain vehicle or snowmobile registration 4 31 certificate and number issued expires at midnight December 31, 4 32 and renewals expire every two years thereafter unless sooner 4 33 terminated or discontinued in accordance with this chapter. 4 34 After the first day of September each even-numbered year, an 4 35 unregistered all-terrain vehicle or snowmobile and renewals 5 1 may be registered for the subsequent biennium beginning 5 2 January 1. An all-terrain vehicleor snowmobileregistered 5 3 between January 1 and September 1 of even-numbered years shall 5 4 be registered for a fee of ten dollars for the remainder of 5 5 the registration period. A snowmobile registered between 5 6 January 1 and September 1 of even-numbered years shall be 5 7 registered for a fee of twelve dollars and fifty cents for the 5 8 remainder of the registration period. 5 9 After the first day of September in even-numbered years an 5 10 unregistered all-terrain vehicle or snowmobile may be 5 11 registered for the remainder of the current registration 5 12 period and for the subsequent registration period in one 5 13 transaction. The fee shall be five dollars for the remainder 5 14 of the current period, in addition to the registration fee of 5 15 twenty dollars for an all-terrain vehicle and twenty-five 5 16 dollars for a snowmobile for the subsequent biennium beginning 5 17 January 1, and a writing fee. Registration certificates and 5 18 numbers may be renewed upon application of the owner in the 5 19 same manner as provided in securing the original registration. 5 20 The all-terrain vehicle or snowmobile registration fee is in 5 21 lieu of personal property tax for each year of the 5 22 registration. 5 23 EXPLANATION 5 24 Division I of the bill requires that snowmobiles have 5 25 certificates of title. The certificate of title will be 5 26 issued by a county recorder for a $5 fee. The fee is to be 5 27 deposited in the special conservation fund administered by the 5 28 department of natural resources to be used for state 5 29 snowmobile programs. 5 30 Division II requires the snowmobile dealer to complete the 5 31 application for registration and pay the registration fees on 5 32 behalf of the purchaser. 5 33 Division III increases the snowmobile registration fee from 5 34 $20 to $25 for each biennium and from $10 to $12.50 for less 5 35 than a year. 6 1 LSB 1352YH 77 6 2 mk/jj/8
Text: HF00189 Text: HF00191 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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