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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. 1 8 2. A certificate of title shall contain the information 1 9 and shall be issued on a form the department prescribes. 1 10 3. An 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 report the acquisition to the county recorder 1 29 on forms provided by the department and may apply for and 1 30 obtain a certificate of title as provided in this chapter. If 1 31 a dealer buys or acquires a used snowmobile, the dealer shall 1 32 apply for a certificate of title in the dealer's name within 1 33 fifteen days. If a dealer buys or acquires a new snowmobile 1 34 for resale, the dealer may apply for a certificate of title in 1 35 the dealer's name. 2 1 5. A manufacturer or dealer shall not transfer ownership 2 2 of a new snowmobile without supplying the transferee with the 2 3 manufacturer's or importer's certificate of origin signed by 2 4 the manufacturer's or importer's authorized agent. The 2 5 certificate shall contain information the department requires. 2 6 The department may adopt rules providing for the issuance of a 2 7 certificate of origin for a snowmobile by the department upon 2 8 good cause shown by the owner. 2 9 6. A dealer transferring ownership of a snowmobile under 2 10 this chapter shall assign the title to the new owner, or in 2 11 the case of a new snowmobile, assign the certificate of 2 12 origin. Within fifteen days the dealer shall forward all 2 13 moneys and applications to the county recorder. 2 14 7. The county recorder shall maintain a record of any 2 15 certificate of title which the county recorder issues and 2 16 shall keep each certificate of title on record until the 2 17 certificate of title has been inactive for five years. When 2 18 issuing a title for a new snowmobile, the county recorder 2 19 shall obtain and keep on file the certificate of origin. 2 20 8. A person shall not sell or transfer ownership of a 2 21 snowmobile without delivering to the purchaser or transferee a 2 22 certificate of title with an assignment on it showing title in 2 23 the purchaser or transferee. A person shall not purchase or 2 24 otherwise acquire a snowmobile without obtaining a certificate 2 25 of title for it in that person's name. 2 26 9. The county recorder shall transmit a copy of the 2 27 certificate of title to the department, which shall be the 2 28 central repository of title information for snowmobiles. 2 29 Sec. 2. NEW SECTION. 321G.30 FEES – SURCHARGE – 2 30 DUPLICATES. 2 31 1. The county recorder shall charge a ten dollar fee to 2 32 issue a certificate of title, a transfer of title, a 2 33 duplicate, or a corrected certificate of title. 2 34 2. If a certificate of title is lost, stolen, mutilated, 2 35 destroyed, or becomes illegible, the first lienholder or, if 3 1 there is none, the owner named in the certificate, as shown by 3 2 the county recorder's records, shall within thirty days obtain 3 3 a duplicate by applying to the county recorder. The applicant 3 4 shall furnish information the department requires concerning 3 5 the original certificate and the circumstances of its loss, 3 6 mutilation, or destruction. Mutilated or illegible 3 7 certificates shall be returned to the department with the 3 8 application for a duplicate. 3 9 3. The duplicate certificate of title shall be marked 3 10 plainly "duplicate" across its face and mailed or delivered to 3 11 the applicant. 3 12 4. If a lost or stolen original certificate of title for 3 13 which a duplicate has been issued is recovered, the original 3 14 shall be surrendered promptly to the department for 3 15 cancellation. 3 16 5. Five dollars of the certificate of title fees collected 3 17 under this section shall be remitted by the county recorder to 3 18 the treasurer of state for deposit in the special conservation 3 19 fund created under section 321G.7. The remaining five dollars 3 20 shall be retained by the county and used only to offset the 3 21 costs of administering the snowmobile certificate of title 3 22 provisions of this chapter. 3 23 Sec. 3. NEW SECTION. 321G.31 TRANSFER OR REPOSSESSION OF 3 24 SNOWMOBILE BY OPERATION OF LAW. 3 25 1. If ownership of a snowmobile is transferred by 3 26 operation of law, such as by inheritance, order in bankruptcy, 3 27 insolvency, replevin, or execution sale, the transferee, 3 28 within thirty days after acquiring the right to possession of 3 29 the snowmobile, shall mail or deliver to the county recorder 3 30 satisfactory proof of ownership as the county recorder 3 31 requires, together with an application for a new certificate 3 32 of title, and the required fee. 3 33 2. If a lienholder repossesses a snowmobile by operation 3 34 of law and holds it for resale, the lienholder shall secure a 3 35 new certificate of title and shall pay the required fee. 4 1 Sec. 4. NEW SECTION. 321G.32 SECURITY INTEREST – 4 2 PERFECTION AND TITLES – FEE. 4 3 1. A security interest created in this state in a 4 4 snowmobile is not perfected until the security interest is 4 5 noted on the certificate of title. 4 6 a. To perfect the security interest, an application for 4 7 security interest must be presented along with the original 4 8 title. The county recorder shall note the security interest 4 9 on the face of the title and on the copy in the recorder's 4 10 office. 4 11 b. The application fee for a security interest is ten 4 12 dollars. Five dollars of the fee shall be credited to the 4 13 special conservation fund created under section 321G.7. The 4 14 remaining five dollars shall be retained by the county and 4 15 used only to offset the costs associated with this section. 4 16 2. The certificate of title shall be presented to the 4 17 county recorder when the application for security interest or 4 18 for assignment of the security interest is presented and a new 4 19 or endorsed certificate of title shall be issued to the 4 20 secured party with the name and address of the secured party 4 21 upon it. 4 22 3. The secured party shall present the certificate of 4 23 title to the county recorder when a release statement is filed 4 24 and a new or endorsed certificate shall be issued to the 4 25 owner. 4 26 DIVISION II 4 27 POINT OF SALE REGISTRATION 4 28 Sec. 5. Section 321G.15, Code 1997, is amended to read as 4 29 follows: 4 30 321G.15 OPERATION PENDING REGISTRATION. 4 31 The commission shall furnish snowmobile and all-terrain 4 32 vehicle dealers with pasteboard cards bearing the words 4 33 "registration applied for" and space for the date of purchase. 4 34 An unregistered all-terrain vehicle or snowmobile sold by a 4 35 dealer shall bear one of these cards which entitles the 5 1 purchaser to operate it for ten days immediately following the 5 2 purchase. The purchaser of a registered all-terrain vehicle 5 3 or snowmobile may operate it for ten days immediately 5 4 following the purchase, without having completed a transfer of 5 5 registration. A person who purchases an all-terrain vehicle 5 6or snowmobilefrom a dealer shall, within five days of the 5 7 purchase, apply for an all-terrain vehicleor snowmobile5 8 registration or transfer of registration. A snowmobile dealer 5 9 shall make application and pay all registration fees on behalf 5 10 of the purchaser of a snowmobile. 5 11 DIVISION III 5 12 SNOWMOBILE REGISTRATION FEES 5 13 Sec. 6. Section 321G.6, unnumbered paragraphs 1 and 2, 5 14 Code 1997, are amended to read as follows: 5 15 Every all-terrain vehicle or snowmobile registration 5 16 certificate and number issued expires at midnight December 31, 5 17 and renewals expire every two years thereafter unless sooner 5 18 terminated or discontinued in accordance with this chapter. 5 19 After the first day of September each even-numbered year, an 5 20 unregistered all-terrain vehicle or snowmobile and renewals 5 21 may be registered for the subsequent biennium beginning 5 22 January 1. An all-terrain vehicleor snowmobileregistered 5 23 between January 1 and September 1 of even-numbered years shall 5 24 be registered for a fee of ten dollars for the remainder of 5 25 the registration period. A snowmobile registered between 5 26 January 1 and September 1 of even-numbered years shall be 5 27 registered for a fee of twelve dollars and fifty cents for the 5 28 remainder of the registration period. 5 29 After the first day of September in even-numbered years an 5 30 unregistered all-terrain vehicle or snowmobile may be 5 31 registered for the remainder of the current registration 5 32 period and for the subsequent registration period in one 5 33 transaction. The fee shall be five dollars for the remainder 5 34 of the current period, in addition to the registration fee of 5 35 twenty dollars for an all-terrain vehicle and twenty-five 6 1 dollars for a snowmobile for the subsequent biennium beginning 6 2 January 1, and a writing fee. Registration certificates and 6 3 numbers may be renewed upon application of the owner in the 6 4 same manner as provided in securing the original registration. 6 5 The all-terrain vehicle or snowmobile registration fee is in 6 6 lieu of personal property tax for each year of the 6 7 registration. 6 8 EXPLANATION 6 9 Division I of the bill requires that snowmobiles have 6 10 certificates of title. The certificate of title will be 6 11 issued by a county recorder for a $10 fee. Five dollars of 6 12 the fee is to be deposited in the special conservation fund 6 13 administered by the department of natural resources to be used 6 14 for state snowmobile programs. The other $5 is retained by 6 15 the county to defray the costs of administering the snowmobile 6 16 certificate of title provisions. 6 17 Division I also provides for the obtaining and transferring 6 18 of manufacturers' certificates of origin by manufacturers and 6 19 dealers, the development of a repository of snowmobile titles 6 20 by the department, and provisions for perfecting security 6 21 interests in snowmobiles. The fee for perfecting a security 6 22 interest in a snowmobile is $10 and is distributed the same as 6 23 the fee for a title certificate. 6 24 Division II requires the snowmobile dealer to complete the 6 25 application for registration and pay the registration fees on 6 26 behalf of the purchaser. 6 27 Division III increases the snowmobile registration fee from 6 28 $20 to $25 for each biennium and from $10 to $12.50 for less 6 29 than a year. 6 30 LSB 2229SC 77 6 31 mk/jj/8.1
Text: SSB00160 Text: SSB00162 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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