Text: HF00670 Text: HF00672 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 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 or all-terrain vehicle, other 1 6 than a snowmobile or all-terrain vehicle used exclusively as a 1 7 farm implement, shall apply to the county recorder of the 1 8 county in which the owner resides for a certificate of title 1 9 for the snowmobile or all-terrain vehicle. The owner of a 1 10 snowmobile or all-terrain vehicle used exclusively as a farm 1 11 implement may obtain a certificate of title. 1 12 2. A certificate of title shall contain the information 1 13 and shall be issued on a form the department prescribes. 1 14 3. An owner of a snowmobile or all-terrain vehicle shall 1 15 apply to the county recorder for issuance of a certificate of 1 16 title within thirty days after acquisition. The application 1 17 shall be on forms the department prescribes and accompanied by 1 18 the required fee. The application shall be signed and sworn 1 19 to before a notary public or other person who administers 1 20 oaths, or shall include a certification signed in writing 1 21 containing substantially the representation that statements 1 22 made are true and correct to the best of the applicant's 1 23 knowledge, information, and belief, under penalty of perjury. 1 24 The application shall contain the date of sale and gross price 1 25 of the snowmobile or all-terrain vehicle or the fair market 1 26 value if no sale immediately preceded the transfer and any 1 27 additional information the department requires. If the 1 28 application is made for a snowmobile or all-terrain vehicle 1 29 last previously registered or titled in another state or 1 30 foreign country, the application shall contain this 1 31 information and any other information the department requires. 1 32 4. If a dealer buys or acquires a snowmobile or all- 1 33 terrain vehicle for resale, the dealer shall report the 1 34 acquisition to the county recorder on forms provided by the 1 35 department and may apply for and obtain a certificate of title 2 1 as provided in this chapter. If a dealer buys or acquires a 2 2 used snowmobile or all-terrain vehicle, the dealer may apply 2 3 for a certificate of title in the dealer's name within fifteen 2 4 days. If a dealer buys or acquires a new snowmobile or all- 2 5 terrain vehicle for resale, the dealer may apply for a 2 6 certificate of title in the dealer's name. 2 7 5. A manufacturer or dealer shall not transfer ownership 2 8 of a new snowmobile or all-terrain vehicle without supplying 2 9 the transferee with the manufacturer's or importer's 2 10 certificate of origin signed by the manufacturer's or 2 11 importer's authorized agent. The certificate shall contain 2 12 information the department requires. The department may adopt 2 13 rules providing for the issuance of a certificate of origin 2 14 for a snowmobile or all-terrain vehicle by the department upon 2 15 good cause shown by the owner. 2 16 6. A dealer transferring ownership of a snowmobile or all- 2 17 terrain vehicle under this chapter shall assign the title to 2 18 the new owner, or in the case of a new snowmobile or all- 2 19 terrain vehicle, assign the certificate of origin. Within 2 20 fifteen days the dealer shall forward all moneys and 2 21 applications to the county recorder. 2 22 7. The county recorder shall maintain a record of any 2 23 certificate of title which the county recorder issues and 2 24 shall keep each certificate of title on record until the 2 25 certificate of title has been inactive for five years. When 2 26 issuing a title for a new snowmobile or all-terrain vehicle, 2 27 the county recorder shall obtain and keep on file the 2 28 certificate of origin. 2 29 8. Once titled, a person shall not sell or transfer 2 30 ownership of a snowmobile or all-terrain vehicle without 2 31 delivering to the purchaser or transferee a certificate of 2 32 title with an assignment on it showing title in the purchaser 2 33 or transferee. A person shall not purchase or otherwise 2 34 acquire a snowmobile or all-terrain vehicle without obtaining 2 35 a certificate of title for it in that person's name. 3 1 9. The county recorder shall transmit a copy of the 3 2 certificate of title to the department, which shall be the 3 3 central repository of title information for snowmobiles and 3 4 all-terrain vehicles. 3 5 Sec. 2. NEW SECTION. 321G.30 FEES – DUPLICATES. 3 6 1. The county recorder shall charge a ten dollar fee to 3 7 issue a certificate of title, a transfer of title, a 3 8 duplicate, or a corrected certificate of title. 3 9 2. If a certificate of title is lost, stolen, mutilated, 3 10 destroyed, or becomes illegible, the first lienholder or, if 3 11 there is none, the owner named in the certificate, as shown by 3 12 the county recorder's records, shall within thirty days obtain 3 13 a duplicate by applying to the county recorder. The applicant 3 14 shall furnish information the department requires concerning 3 15 the original certificate and the circumstances of its loss, 3 16 mutilation, or destruction. Mutilated or illegible 3 17 certificates shall be returned to the department with the 3 18 application for a duplicate. 3 19 3. The duplicate certificate of title shall be marked 3 20 plainly "duplicate" across its face and mailed or delivered to 3 21 the applicant. 3 22 4. If a lost or stolen original certificate of title for 3 23 which a duplicate has been issued is recovered, the original 3 24 shall be surrendered promptly to the department for 3 25 cancellation. 3 26 5. Five dollars of the certificate of title fees collected 3 27 under this section shall be remitted by the county recorder to 3 28 the treasurer of state for deposit in the special conservation 3 29 fund created under section 321G.7. The remaining five dollars 3 30 shall be retained by the county and deposited into the general 3 31 fund of the county. 3 32 Sec. 3. NEW SECTION. 321G.31 TRANSFER OR REPOSSESSION OF 3 33 SNOWMOBILE OR ALL-TERRAIN VEHICLE BY OPERATION OF LAW. 3 34 1. If ownership of a snowmobile or all-terrain vehicle is 3 35 transferred by operation of law, such as by inheritance, order 4 1 in bankruptcy, insolvency, replevin, or execution sale, the 4 2 transferee, within thirty days after acquiring the right to 4 3 possession of the snowmobile or all-terrain vehicle, shall 4 4 mail or deliver to the county recorder satisfactory proof of 4 5 ownership as the county recorder requires, together with an 4 6 application for a new certificate of title, and the required 4 7 fee. 4 8 2. If a lienholder repossesses a snowmobile or all-terrain 4 9 vehicle by operation of law and holds it for resale, the 4 10 lienholder shall secure a new certificate of title and shall 4 11 pay the required fee. 4 12 Sec. 4. NEW SECTION. 321G.32 SECURITY INTEREST – 4 13 PERFECTION AND TITLES – FEE. 4 14 1. A security interest created in this state in a 4 15 snowmobile or all-terrain vehicle is not perfected until the 4 16 security interest is noted on the certificate of title. 4 17 a. To perfect the security interest, an application for 4 18 security interest must be presented along with the original 4 19 title. The county recorder shall note the security interest 4 20 on the face of the title and on the copy in the recorder's 4 21 office. 4 22 b. The application fee for a security interest is ten 4 23 dollars. Five dollars of the fee shall be credited to the 4 24 special conservation fund created under section 321G.7. The 4 25 remaining five dollars shall be retained by the county and 4 26 deposited into the general fund of the county. 4 27 2. The certificate of title shall be presented to the 4 28 county recorder when the application for security interest or 4 29 for assignment of the security interest is presented and a new 4 30 or endorsed certificate of title shall be issued to the 4 31 secured party with the name and address of the secured party 4 32 upon it. 4 33 3. The secured party shall present the certificate of 4 34 title to the county recorder when a release statement is filed 4 35 and a new or endorsed certificate shall be issued to the 5 1 owner. 5 2 DIVISION II 5 3 POINT OF SALE REGISTRATION 5 4 Sec. 5. Section 321G.15, Code 1997, is amended to read as 5 5 follows: 5 6 321G.15 OPERATION PENDING REGISTRATION. 5 7 The commission shall furnish snowmobile and all-terrain 5 8 vehicle dealers with pasteboard cards bearing the words 5 9 "registration applied for" and space for the date of purchase. 5 10 An unregistered all-terrain vehicle or snowmobile sold by a 5 11 dealer shall bear one of these cards which entitles the 5 12 purchaser to operate it for ten days immediately following the 5 13 purchase. The purchaser of a registered all-terrain vehicle 5 14 or snowmobile may operate it for ten days immediately 5 15 following the purchase, without having completed a transfer of 5 16 registration. A person who purchases an all-terrain vehicle 5 17or snowmobilefrom a dealer shall, within five days of the 5 18 purchase, apply for an all-terrain vehicleor snowmobile5 19 registration or transfer of registration. A snowmobile dealer 5 20 shall make application and pay all registration fees on behalf 5 21 of the purchaser of a snowmobile. 5 22 DIVISION III 5 23 REGISTRATION FEES 5 24 Sec. 6. Section 321G.6, unnumbered paragraphs 1 and 2, 5 25 Code 1997, are amended to read as follows: 5 26 Every all-terrain vehicle or snowmobile registration 5 27 certificate and number issued expires at midnight December 31, 5 28 and renewals expire every two years thereafter unless sooner 5 29 terminated or discontinued in accordance with this chapter. 5 30 After the first day of September each even-numbered year, an 5 31 unregistered all-terrain vehicle or snowmobile and renewals 5 32 may be registered for the subsequent biennium beginning 5 33 January 1. An all-terrain vehicleor snowmobileregistered 5 34 between January 1 and September 1 of even-numbered years shall 5 35 be registered for a fee of ten dollars for the remainder of 6 1 the registration period. A snowmobile registered between 6 2 January 1 and September 1 of even-numbered years shall be 6 3 registered for a fee of twelve dollars and fifty cents for the 6 4 remainder of the registration period. 6 5 After the first day of September in even-numbered years an 6 6 unregistered all-terrain vehicle or snowmobile may be 6 7 registered for the remainder of the current registration 6 8 period and for the subsequent registration period in one 6 9 transaction. The fee shall be five dollars for the remainder 6 10 of the current period, in addition to the registration fee of 6 11twentytwenty-five dollars for an all-terrain vehicle and 6 12 twenty-five dollars for a snowmobile for the subsequent 6 13 biennium beginning January 1, and a writing fee. Registration 6 14 certificates and numbers may be renewed upon application of 6 15 the owner in the same manner as provided in securing the 6 16 original registration. The all-terrain vehicle or snowmobile 6 17 registration fee is in lieu of personal property tax for each 6 18 year of the registration. 6 19 DIVISION IV 6 20 EFFECTIVE DATE 6 21 Sec. 7. EFFECTIVE DATE. This Act takes effect January 1, 6 22 1998. 6 23 EXPLANATION 6 24 Division I of the bill requires that snowmobiles and all- 6 25 terrain vehicles have certificates of title unless the 6 26 snowmobile or all-terrain vehicle is used exclusively as a 6 27 farm implement. The certificate of title will be issued by a 6 28 county recorder for a $10 fee. Five dollars of the fee is to 6 29 be deposited in the special conservation fund administered by 6 30 the department of natural resources to be used for state 6 31 snowmobile programs. The remaining $5 is to be deposited into 6 32 the general fund of the county. 6 33 Division II requires the snowmobile dealer to complete the 6 34 application for registration and pay the registration fees on 6 35 behalf of the purchaser. 7 1 Division III increases the snowmobile and all-terrain 7 2 vehicle registration fee from $20 to $25 for each biennium and 7 3 increases the snowmobile registration fee from $10 to $12.50 7 4 for less than a year. 7 5 LSB 1352HV 77 7 6 mk/jj/8
Text: HF00670 Text: HF00672 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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