Text: SF00245 Text: SF00247 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 246 1 2 1 3 AN ACT 1 4 RELATING TO SNOWMOBILES AND ALL-TERRAIN VEHICLES 1 5 INCLUDING THE DEFINITION OF ALL-TERRAIN VEHICLE AND 1 6 BY REQUIRING TITLE CERTIFICATES, INCREASING SNOWMOBILE 1 7 AND ALL-TERRAIN VEHICLE REGISTRATION FEES, PROVIDING 1 8 FOR POINT OF SALE REGISTRATION, AND PROVIDING AN 1 9 EFFECTIVE DATE. 1 10 1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 12 1 13 DIVISION I 1 14 CERTIFICATES OF TITLE 1 15 Section 1. NEW SECTION. 321G.29 OWNER'S CERTIFICATE OF 1 16 TITLE – IN GENERAL. 1 17 1. The owner of a snowmobile acquired on or after January 1 18 1, 1998, other than a snowmobile used exclusively as a farm 1 19 implement, shall apply to the county recorder of the county in 1 20 which the owner resides for a certificate of title for the 1 21 snowmobile. The owner of a snowmobile used exclusively as a 1 22 farm implement may obtain a certificate of title. 1 23 2. A certificate of title shall contain the information 1 24 and shall be issued on a form the department prescribes. 1 25 3. An owner of a snowmobile shall apply to the county 1 26 recorder for issuance of a certificate of title within thirty 1 27 days after acquisition. The application shall be on forms the 1 28 department prescribes and accompanied by the required fee. 1 29 The application shall be signed and sworn to before a notary 1 30 public or other person who administers oaths, or shall include 1 31 a certification signed in writing containing substantially the 1 32 representation that statements made are true and correct to 1 33 the best of the applicant's knowledge, information, and 1 34 belief, under penalty of perjury. The application shall 1 35 contain the date of sale and gross price of the snowmobile or 2 1 the fair market value if no sale immediately preceded the 2 2 transfer and any additional information the department 2 3 requires. If the application is made for a snowmobile last 2 4 previously registered or titled in another state or foreign 2 5 country, the application shall contain this information and 2 6 any other information the department requires. 2 7 4. If a dealer buys or acquires a snowmobile for resale, 2 8 the dealer shall report the acquisition to the county recorder 2 9 on forms provided by the department and may apply for and 2 10 obtain a certificate of title as provided in this chapter. If 2 11 a dealer buys or acquires a used snowmobile, the dealer may 2 12 apply for a certificate of title in the dealer's name within 2 13 fifteen days. If a dealer buys or acquires a new snowmobile 2 14 for resale, the dealer may apply for a certificate of title in 2 15 the dealer's name. 2 16 5. A manufacturer or dealer shall not transfer ownership 2 17 of a new snowmobile without supplying the transferee with the 2 18 manufacturer's or importer's certificate of origin signed by 2 19 the manufacturer's or importer's authorized agent. The 2 20 certificate shall contain information the department requires. 2 21 The department may adopt rules providing for the issuance of a 2 22 certificate of origin for a snowmobile by the department upon 2 23 good cause shown by the owner. 2 24 6. A dealer transferring ownership of a snowmobile under 2 25 this chapter shall assign the title to the new owner, or in 2 26 the case of a new snowmobile, assign the certificate of 2 27 origin. Within fifteen days the dealer shall forward all 2 28 moneys and applications to the county recorder. 2 29 7. The county recorder shall maintain a record of any 2 30 certificate of title which the county recorder issues and 2 31 shall keep each certificate of title on record until the 2 32 certificate of title has been inactive for five years. When 2 33 issuing a title for a new snowmobile, the county recorder 2 34 shall obtain and keep on file the certificate of origin. 2 35 8. Once titled, a person shall not sell or transfer 3 1 ownership of a snowmobile without delivering to the purchaser 3 2 or transferee a certificate of title with an assignment on it 3 3 showing title in the purchaser or transferee. A person shall 3 4 not purchase or otherwise acquire a snowmobile without 3 5 obtaining a certificate of title for it in that person's name. 3 6 9. The county recorder shall transmit a copy of the 3 7 certificate of title to the department, which shall be the 3 8 central repository of title information for snowmobiles. 3 9 Sec. 2. NEW SECTION. 321G.30 FEES – SURCHARGE – 3 10 DUPLICATES. 3 11 1. The county recorder shall charge a ten dollar fee to 3 12 issue a certificate of title, a transfer of title, a 3 13 duplicate, or a corrected certificate of title. 3 14 2. If a certificate of title is lost, stolen, mutilated, 3 15 destroyed, or becomes illegible, the first lienholder or, if 3 16 there is none, the owner named in the certificate, as shown by 3 17 the county recorder's records, shall within thirty days obtain 3 18 a duplicate by applying to the county recorder. The applicant 3 19 shall furnish information the department requires concerning 3 20 the original certificate and the circumstances of its loss, 3 21 mutilation, or destruction. Mutilated or illegible 3 22 certificates shall be returned to the department with the 3 23 application for a duplicate. 3 24 3. The duplicate certificate of title shall be marked 3 25 plainly "duplicate" across its face and mailed or delivered to 3 26 the applicant. 3 27 4. If a lost or stolen original certificate of title for 3 28 which a duplicate has been issued is recovered, the original 3 29 shall be surrendered promptly to the department for 3 30 cancellation. 3 31 5. Five dollars of the certificate of title fees collected 3 32 under this section shall be remitted by the county recorder to 3 33 the treasurer of state for deposit in the special conservation 3 34 fund created under section 321G.7. The remaining five dollars 3 35 shall be retained by the county and deposited into the general 4 1 fund of the county. 4 2 Sec. 3. NEW SECTION. 321G.31 TRANSFER OR REPOSSESSION OF 4 3 SNOWMOBILE BY OPERATION OF LAW. 4 4 1. If ownership of a snowmobile is transferred by 4 5 operation of law, such as by inheritance, order in bankruptcy, 4 6 insolvency, replevin, or execution sale, the transferee, 4 7 within thirty days after acquiring the right to possession of 4 8 the snowmobile, shall mail or deliver to the county recorder 4 9 satisfactory proof of ownership as the county recorder 4 10 requires, together with an application for a new certificate 4 11 of title, and the required fee. 4 12 2. If a lienholder repossesses a snowmobile by operation 4 13 of law and holds it for resale, the lienholder shall secure a 4 14 new certificate of title and shall pay the required fee. 4 15 Sec. 4. NEW SECTION. 321G.32 SECURITY INTEREST – 4 16 PERFECTION AND TITLES – FEE. 4 17 1. A security interest created in this state in a 4 18 snowmobile is not perfected until the security interest is 4 19 noted on the certificate of title. 4 20 a. To perfect the security interest, an application for 4 21 security interest must be presented along with the original 4 22 title. The county recorder shall note the security interest 4 23 on the face of the title and on the copy in the recorder's 4 24 office. 4 25 b. The application fee for a security interest is ten 4 26 dollars. Five dollars of the fee shall be credited to the 4 27 special conservation fund created under section 321G.7. The 4 28 remaining five dollars shall be retained by the county and 4 29 deposited into the general fund of the county. 4 30 2. The certificate of title shall be presented to the 4 31 county recorder when the application for security interest or 4 32 for assignment of the security interest is presented and a new 4 33 or endorsed certificate of title shall be issued to the 4 34 secured party with the name and address of the secured party 4 35 upon it. 5 1 3. The secured party shall present the certificate of 5 2 title to the county recorder when a release statement is filed 5 3 and a new or endorsed certificate shall be issued to the 5 4 owner. 5 5 DIVISION II 5 6 POINT OF SALE REGISTRATION 5 7 Sec. 5. Section 321G.15, Code 1997, is amended to read as 5 8 follows: 5 9 321G.15 OPERATION PENDING REGISTRATION. 5 10 The commission shall furnish snowmobile and all-terrain 5 11 vehicle dealers with pasteboard cards bearing the words 5 12 "registration applied for" and space for the date of purchase. 5 13 An unregistered all-terrain vehicle or snowmobile sold by a 5 14 dealer shall bear one of these cards which entitles the 5 15 purchaser to operate it for ten days immediately following the 5 16 purchase. The purchaser of a registered all-terrain vehicle 5 17 or snowmobile may operate it for ten days immediately 5 18 following the purchase, without having completed a transfer of 5 19 registration.A person who purchases an all-terrain vehicle5 20or snowmobile from a dealer shall, within five days of the5 21purchase, apply for an all-terrain vehicle or snowmobile5 22registration or transfer of registration.A snowmobile or 5 23 all-terrain vehicle dealer shall make application and pay all 5 24 registration fees on behalf of the purchaser of a snowmobile 5 25 or all-terrain vehicle. 5 26 DIVISION III 5 27 REGISTRATION FEES 5 28 Sec. 6. Section 321G.6, unnumbered paragraphs 1 and 2, 5 29 Code 1997, are amended to read as follows: 5 30 Every all-terrain vehicle or snowmobile registration 5 31 certificate and number issued expires at midnight December 31, 5 32 and renewals expire every two years thereafter unless sooner 5 33 terminated or discontinued in accordance with this chapter. 5 34 After the first day of September each even-numbered year, an 5 35 unregistered all-terrain vehicle or snowmobile and renewals 6 1 may be registered for the subsequent biennium beginning 6 2 January 1. An all-terrain vehicle or snowmobile registered 6 3 between January 1 and September 1 of even-numbered years shall 6 4 be registered for a fee often dollarstwelve dollars and 6 5 fifty cents for the remainder of the registration period. 6 6 After the first day of September in even-numbered years an 6 7 unregistered all-terrain vehicle or snowmobile may be 6 8 registered for the remainder of the current registration 6 9 period and for the subsequent registration period in one 6 10 transaction. The fee shall be five dollars for the remainder 6 11 of the current period, in addition to the registration fee of 6 12twentytwenty-five dollars for an all-terrain vehicle and 6 13 twenty-five dollars for a snowmobile for the subsequent 6 14 biennium beginning January 1, and a writing fee. Registration 6 15 certificates and numbers may be renewed upon application of 6 16 the owner in the same manner as provided in securing the 6 17 original registration. The all-terrain vehicle or snowmobile 6 18 registration fee is in lieu of personal property tax for each 6 19 year of the registration. 6 20 DIVISION IV 6 21 DEFINITIONS 6 22 Sec. 7. Section 321.1, subsection 4, Code 1997, is amended 6 23 to read as follows: 6 24 4. "All-terrain vehicle" means a motor vehicle designed to 6 25 travel on three or more wheels and designed primarily for off- 6 26 road recreational use but not including farm tractors or 6 27 equipment, construction equipment, forestry vehicles, or lawn 6 28 and grounds maintenance vehicles. 6 29 Sec. 8. Section 321G.1, subsection 1, Code 1997, is 6 30 amended to read as follows: 6 31 1. "All-terrain vehicle" means a motorized flotation-tire 6 32 vehicle with not less than three low pressure tires, but not 6 33 more than six low pressure tires, or a two-wheeled off-road 6 34 motorcycle, that is limited in engine displacement to less 6 35 than eight hundred cubic centimeters and in total dry weight 7 1 to less than seven hundred fifty pounds and that has a seat or 7 2 saddle designed to be straddled by the operator and handlebars 7 3 for steering control. 7 4 DIVISION V 7 5 EFFECTIVE DATE 7 6 Sec. 9. EFFECTIVE DATE. This Act takes effect January 1, 7 7 1998. 7 8 7 9 7 10 7 11 MARY E. KRAMER 7 12 President of the Senate 7 13 7 14 7 15 7 16 RON J. CORBETT 7 17 Speaker of the House 7 18 7 19 I hereby certify that this bill originated in the Senate and 7 20 is known as Senate File 246, Seventy-seventh General Assembly. 7 21 7 22 7 23 7 24 MARY PAT GUNDERSON 7 25 Secretary of the Senate 7 26 Approved , 1997 7 27 7 28 7 29 7 30 TERRY E. BRANSTAD 7 31 Governor
Text: SF00245 Text: SF00247 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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