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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, except as provided in 1 8 subsection 8. 1 9 2. Each certificate of title shall contain the information 1 10 and shall be issued on a form the department prescribes. 1 11 3. Every owner of a snowmobile shall apply to the county 1 12 recorder for issuance of a certificate of title within thirty 1 13 days after acquisition. The application shall be on forms the 1 14 department prescribes and accompanied by the required fee. 1 15 The application shall be signed and sworn to before a notary 1 16 public or other person who administers oaths, or shall include 1 17 a certification signed in writing containing substantially the 1 18 representation that statements made are true and correct to 1 19 the best of the applicant's knowledge, information, and 1 20 belief, under penalty of perjury. The application shall 1 21 contain the date of sale and gross price of the snowmobile or 1 22 the fair market value if no sale immediately preceded the 1 23 transfer and any additional information the department 1 24 requires. If the application is made for a snowmobile last 1 25 previously registered or titled in another state or foreign 1 26 country, the application shall contain this information and 1 27 any other information the department requires. 1 28 4. If a dealer buys or acquires a snowmobile for resale, 1 29 the dealer shall apply for and obtain a certificate of title 1 30 as provided in this chapter. If a dealer buys or acquires a 1 31 used snowmobile, the dealer shall apply for a certificate of 1 32 title in the dealer's name within fifteen days. If a dealer 1 33 buys or acquires a new snowmobile for resale, the dealer may 1 34 apply for a certificate of title in the dealer's name. 1 35 5. Every dealer transferring a snowmobile under this 2 1 chapter shall assign the title to the new owner, or in the 2 2 case of a new snowmobile, assign the certificate of origin. 2 3 Within fifteen days the dealer shall forward all moneys and 2 4 applications to the county recorder. 2 5 6. The county recorder shall maintain a record of any 2 6 certificate of title which the county recorder issues and 2 7 shall keep each certificate of title on record until the 2 8 certificate of title has been inactive for five years. 2 9 7. A person shall not sell, assign, or transfer a 2 10 snowmobile without delivering to the purchaser or transferee a 2 11 certificate of title with an assignment on it showing title in 2 12 the purchaser's or transferee's name unless subsection 8 2 13 applies. A person shall not purchase or otherwise acquire a 2 14 snowmobile without obtaining a certificate of title for it in 2 15 that person's name. 2 16 8. A person who owns, on the effective date of this Act, a 2 17 snowmobile which is fifteen or more years old, based on the 2 18 model year of the snowmobile, is not required to obtain a 2 19 certificate of title. 2 20 Sec. 2. NEW SECTION. 321G.30 FEES – SURCHARGE – 2 21 DUPLICATES. 2 22 1. The county recorder shall charge a five dollar fee to 2 23 issue a certificate of title, a transfer of title, a 2 24 duplicate, or a corrected certificate of title. 2 25 2. If a certificate of title is lost, stolen, mutilated, 2 26 destroyed, or becomes illegible, the first lienholder or, if 2 27 there is none, the owner named in the certificate, as shown by 2 28 the county recorder's records, shall within thirty days obtain 2 29 a duplicate by applying to the county recorder. The applicant 2 30 shall furnish information the department requires concerning 2 31 the original certificate and the circumstances of its loss, 2 32 mutilation, or destruction. Mutilated or illegible 2 33 certificates shall be returned to the department with the 2 34 application for a duplicate. 2 35 3. The duplicate certificate of title shall be marked 3 1 plainly "duplicate" across its face and mailed or delivered to 3 2 the applicant. 3 3 4. If a lost or stolen original certificate of title for 3 4 which a duplicate has been issued is recovered, the original 3 5 shall be surrendered promptly to the department for 3 6 cancellation. 3 7 5. The certificate of title fees collected under this 3 8 section shall be remitted by the county recorder to the 3 9 treasurer of state for deposit in the special conservation 3 10 fund created under section 321G.7. 3 11 Sec. 3. NEW SECTION. 321G.31 TRANSFER OR REPOSSESSION OF 3 12 SNOWMOBILE BY OPERATION OF LAW. 3 13 1. If ownership of a snowmobile is transferred by 3 14 operation of law, such as by inheritance, order in bankruptcy, 3 15 insolvency, replevin, or execution sale, the transferee, 3 16 within thirty days after acquiring the right to possession of 3 17 the snowmobile, shall mail or deliver to the county recorder 3 18 satisfactory proof of ownership as the county recorder 3 19 requires, together with an application for a new certificate 3 20 of title, and the required fee. 3 21 2. If a lienholder repossesses a snowmobile by operation 3 22 of law and holds it for resale, the lienholder shall secure a 3 23 new certificate of title and shall pay the required fee. 3 24 Sec. 4. NEW SECTION. 321G.32 SECURITY INTEREST – 3 25 PERFECTION AND TITLES – FEE. 3 26 1. A security interest created in this state in a 3 27 snowmobile is not perfected until the security interest is 3 28 noted on the certificate of title. 3 29 a. To perfect the security interest, an application for 3 30 security interest must be presented along with the original 3 31 title. The county recorder shall note the security interest 3 32 on the face of the title and on the copy in the recorder's 3 33 office. 3 34 b. The application fee for a security interest is five 3 35 dollars. The fee shall be credited to the special 4 1 conservation fund created under section 321G.7. 4 2 2. The certificate of title shall be presented to the 4 3 county recorder when the application for security interest or 4 4 for assignment of the security interest is presented and a new 4 5 or endorsed certificate of title shall be issued to the 4 6 secured party with the name and address of the secured party 4 7 upon it. 4 8 3. The secured party shall present the certificate of 4 9 title to the county recorder when a release statement is filed 4 10 and a new or endorsed certificate shall be issued to the 4 11 owner. 4 12 DIVISION II 4 13 POINT OF SALE REGISTRATION 4 14 Sec. 5. Section 321G.15, Code 1997, is amended to read as 4 15 follows: 4 16 321G.15 OPERATION PENDING REGISTRATION. 4 17 The commission shall furnish snowmobile and all-terrain 4 18 vehicle dealers with pasteboard cards bearing the words 4 19 "registration applied for" and space for the date of purchase. 4 20 An unregistered all-terrain vehicle or snowmobile sold by a 4 21 dealer shall bear one of these cards which entitles the 4 22 purchaser to operate it for ten days immediately following the 4 23 purchase. The purchaser of a registered all-terrain vehicle 4 24 or snowmobile may operate it for ten days immediately 4 25 following the purchase, without having completed a transfer of 4 26 registration. A person who purchases an all-terrain vehicle 4 27or snowmobilefrom a dealer shall, within five days of the 4 28 purchase, apply for an all-terrain vehicleor snowmobile4 29 registration or transfer of registration. A snowmobile dealer 4 30 shall make application and pay all registration fees on behalf 4 31 of the purchaser of a snowmobile. 4 32 DIVISION III 4 33 SNOWMOBILE REGISTRATION FEES 4 34 Sec. 6. Section 321G.4, Code 1997, is amended to read as 4 35 follows: 5 1 321G.4 REGISTRATION WITH COUNTY RECORDER – FEE. 5 2 The owner of each all-terrain vehicle or snowmobile 5 3 required to be numbered shall register itevery two yearsin 5 4 accordance with this chapter with the county recorder of the 5 5 county in which the owner resides or, if the owner is a 5 6 nonresident, the owner shall register it in the county in 5 7 which the all-terrain vehicle or snowmobile is principally 5 8 used. The commission has supervisory responsibility over the 5 9 registration of all-terrain vehicles and snowmobiles and shall 5 10 provide each county recorder with registrationforms and5 11 forms, certificates, and stickers and shall allocate 5 12 identification numbers to each county. 5 13 The owner of the all-terrain vehicle or snowmobile shall 5 14 file an application for registration with the appropriate 5 15 county recorder on forms provided by the commission. The 5 16 application shall be completed and signed by the owner of the 5 17 all-terrain vehicle or snowmobile and shall be accompanied by 5 18a fee of twenty dollars and a writing feethe fees provided in 5 19 section 321G.6A. An all-terrain vehicle or a snowmobile shall 5 20 not be registered by the county recorder until the county 5 21 recorder is presented with receipts, bills of sale, or other 5 22 satisfactory evidence that the sales or use tax has been paid 5 23 for the purchase of the all-terrain vehicle or snowmobile or 5 24 that the owner is exempt from paying the tax. However, an 5 25 owner of an all-terrain vehicle, except an all-terrain vehicle 5 26 purchased new on or after January 1, 1990, may apply for 5 27 registration without proof of sales or use tax paid until one 5 28 year after January 1, 1990. Upon receipt of the application 5 29 in approved form accompanied by the required fees, the county 5 30 recorder shall enter it upon the records and shall issue to 5 31 the applicant a pocket-size registration certificate. The 5 32 certificate shall be executed in triplicate, one copy to be 5 33 delivered to the owner, one copy to the commission, and one 5 34 copy to be retained on file by the county recorder. The 5 35 registration certificate shall bear the number awarded to the 6 1 all-terrain vehicle or snowmobile and the name and address of 6 2 the owner. The registration certificate shall be carried 6 3 either in the all-terrain vehicle or snowmobile or on the 6 4 person of the operator of the machine when in use. The 6 5 operator of an all-terrain vehicle or snowmobile shall exhibit 6 6 the registration certificate to a peace officer upon request, 6 7 to a person injured in an accident involving an all-terrain 6 8 vehicle or snowmobile, or to the owner or operator of another 6 9 all-terrain vehicle or snowmobile or the owner of personal or 6 10 real property when the all-terrain vehicle or snowmobile is 6 11 involved in a collision or accident of any nature with another 6 12 all-terrain vehicle or snowmobile or the property of another 6 13 person or to the property owner or tenant when the all-terrain 6 14 vehicle or snowmobile is being operated on private property 6 15 without permission from the property owner or tenant. 6 16 If an all-terrain vehicle or snowmobile is placed in 6 17 storage, the owner shall return the current registration 6 18 certificate to the county recorder with an affidavit stating 6 19 that the all-terrain vehicle or snowmobile is placed in 6 20 storage and the effective date of storage. The county 6 21 recorder shall notify the commission of each all-terrain 6 22 vehicle or snowmobile placed in storage. When the owner of a 6 23 stored all-terrain vehicle or snowmobile desires to renew the 6 24 registration, the owner shall make application to the county 6 25 recorder and pay the registration and writing fees without 6 26 penalty. A refund of the registration fee shall not be 6 27 allowed for a stored all-terrain vehicle or snowmobile. 6 28 Sec. 7. NEW SECTION. 321G.6A ALL-TERRAIN VEHICLES AND 6 29 SNOWMOBILES – MULTIPLE REGISTRATION PERIODS AND ADJUSTMENTS. 6 30 1. Twelve registration periods for the registration of 6 31 all-terrain vehicles and snowmobiles shall be established by 6 32 the county recorder. Each registration period shall commence 6 33 on the first day of each calendar month following the month of 6 34 the birth of the owner of the all-terrain vehicle or 6 35 snowmobile and end on the last day of the twelfth month. The 7 1 registration fee for all-terrain vehicles is twenty dollars 7 2 and for snowmobiles is twelve dollars and fifty cents. A 7 3 writing fee shall be added to each registration. 7 4 2. All-terrain vehicles and snowmobiles subject to 7 5 registration which are owned by a person other than a natural 7 6 person shall be registered for a registration year as 7 7 determined by the county recorder. 7 8 3. A motorcycle, as defined in section 321.1, subsection 7 9 40, paragraph "a", may be registered as an all-terrain vehicle 7 10 as provided in this section. A motorcycle registered as an 7 11 all-terrain vehicle may participate in all programs 7 12 established for all-terrain vehicles under this chapter except 7 13 for the safety instruction and certification program. 7 14 4. Except as otherwise provided in this chapter every all- 7 15 terrain vehicle or snowmobile, registration certificate, and 7 16 registration sticker shall expire at midnight on the last day 7 17 of the registration year. 7 18 Sec. 8. NEW SECTION. 321G.6B IMPLEMENTATION OF TWELVE- 7 19 MONTH REGISTRATION PERIOD. 7 20 To implement the change from biennial registration to the 7 21 system provided for in section 321G.6A, the all-terrain 7 22 vehicles and snowmobiles registered by the county recorder on 7 23 or after December 1, 1997, shall be registered as follows: 7 24 1. All-terrain vehicle and snowmobile registrations which 7 25 are not delinquent may be registered on or after December 1, 7 26 1997, up to and including January 31, 1998, without penalty. 7 27 Registration fees paid on or after February 1, 1998, shall be 7 28 subject to a penalty equal to the annual registration fee and 7 29 an additional penalty of five percent of the annual 7 30 registration fee shall be added the first day of each 7 31 succeeding month, until the fee is paid. 7 32 2. All-terrain vehicles and snowmobiles shall be 7 33 registered for the registration year as defined in section 7 34 321G.6A. If the registration year of the snowmobile is for a 7 35 period of less than twelve months, the registration fee shall 8 1 be prorated for the remaining unexpired months. 8 2 Sec. 9. NEW SECTION. 321G.6C ALL-TERRAIN VEHICLES AND 8 3 SNOWMOBILES – APPLICATION FOR RENEWAL – NOTIFICATION – 8 4 REASONS FOR REFUSAL. 8 5 Application for renewal of an all-terrain vehicle or 8 6 snowmobile registration shall be made on or after the first 8 7 day of the month of expiration of registration and up to and 8 8 including the last day of the month following the month of 8 9 expiration of registration. The registration shall be renewed 8 10 upon payment of a registration fee of twenty dollars for an 8 11 all-terrain vehicle or twelve dollars and fifty cents for a 8 12 snowmobile. 8 13 On or before the fifteenth day of the month of expiration 8 14 of an all-terrain vehicle's or snowmobile's registration the 8 15 county recorder shall send a statement by mail of fees due to 8 16 the appropriate owner of record. The statement shall be 8 17 mailed to the most current address of record, showing 8 18 information sufficient to identify the all-terrain vehicle or 8 19 snowmobile and a listing of the fee. Failure to receive a 8 20 statement shall have no effect upon the accrual of penalty at 8 21 the appropriate date. 8 22 Registration receipts issued for renewals shall have the 8 23 word "renewal" imprinted thereon and, if the owner making a 8 24 renewal application has been issued a certificate of title, 8 25 the title number shall appear on the registration receipt. 8 26 All registration receipts for renewals shall be typewritten or 8 27 printed by other mechanical means. The applicant shall 8 28 receive a registration receipt. 8 29 Sec. 10. Section 331.602, subsection 16, Code 1997, is 8 30 amended to read as follows: 8 31 16. Issue snowmobile registrations as provided in sections 8 32 321G.4,321G.6321G.6A, 321G.6B, and 321G.6C, and 321G.21. 8 33 EXPLANATION 8 34 Division I of the bill requires that snowmobiles have 8 35 certificates of title. The certificate of title will be 9 1 issued by a county recorder for a $5 fee. The fee is to be 9 2 deposited in the special conservation fund administered by the 9 3 department of natural resources to be used for state 9 4 snowmobile programs. A snowmobile which is 15 or more years 9 5 old on the effective date of the bill does not need a title 9 6 certificate until it is acquired by a new owner. 9 7 Division II requires the snowmobile dealer to complete the 9 8 application for registration and pay the registration fees on 9 9 behalf of the purchaser. 9 10 Division III changes the all-terrain vehicle and snowmobile 9 11 registration period from two years to one year in the manner 9 12 of motor vehicle licenses and sets the registration fee at 9 13 $12.50 per year. The registration fee for all-terrain 9 14 vehicles becomes $20 per year. 9 15 LSB 1352XC 77 9 16 mk/jj/8.1
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