Text: H01277 Text: H01279 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 407, as passed by the Senate, as
1 2 follows:
1 3 #1. Page 2, by inserting after line 30 the
1 4 following:
1 5 "Sec. . Section 321G.29, subsections 1 and 3
1 6 through 9, Code 1999, are amended to read as follows:
1 7 1. The owner of a snowmobile acquired on or after
1 8 January 1, 1998, or an all-terrain vehicle acquired on
1 9 or after January 1, 2000, other than a snowmobile or
1 10 all-terrain vehicle used exclusively as a farm
1 11 implement, shall apply to the county recorder of the
1 12 county in which the owner resides for a certificate of
1 13 title for the snowmobile or all-terrain vehicle. The
1 14 owner of a snowmobile or all-terrain vehicle used
1 15 exclusively as a farm implement may obtain a
1 16 certificate of title.
1 17 3. An owner of a snowmobile or all-terrain vehicle
1 18 shall apply to the county recorder for issuance of a
1 19 certificate of title within thirty days after
1 20 acquisition. The application shall be on forms the
1 21 department prescribes and accompanied by the required
1 22 fee. The application shall be signed and sworn to
1 23 before a notary public or other person who administers
1 24 oaths, or shall include a certification signed in
1 25 writing containing substantially the representation
1 26 that statements made are true and correct to the best
1 27 of the applicant's knowledge, information, and belief,
1 28 under penalty of perjury. The application shall
1 29 contain the date of sale and gross price of the
1 30 snowmobile or all-terrain vehicle or the fair market
1 31 value if no sale immediately preceded the transfer and
1 32 any additional information the department requires.
1 33 If the application is made for a snowmobile or all-
1 34 terrain vehicle last previously registered or titled
1 35 in another state or foreign country, the application
1 36 shall contain this information and any other
1 37 information the department requires.
1 38 4. If a dealer buys or acquires a snowmobile or
1 39 all-terrain vehicle for resale, the dealer shall
1 40 report the acquisition to the county recorder on forms
1 41 provided by the department and may apply for and
1 42 obtain a certificate of title as provided in this
1 43 chapter. If a dealer buys or acquires a used
1 44 snowmobile or all-terrain vehicle, the dealer may
1 45 apply for a certificate of title in the dealer's name
1 46 within fifteen days. If a dealer buys or acquires a
1 47 new snowmobile or all-terrain vehicle for resale, the
1 48 dealer may apply for a certificate of title in the
1 49 dealer's name.
1 50 5. A manufacturer or dealer shall not transfer
2 1 ownership of a new snowmobile or new all-terrain
2 2 vehicle without supplying the transferee with the
2 3 manufacturer's or importer's certificate of origin
2 4 signed by the manufacturer's or importer's authorized
2 5 agent. The certificate shall contain information the
2 6 department requires. The department may adopt rules
2 7 providing for the issuance of a certificate of origin
2 8 for a snowmobile or all-terrain vehicle by the
2 9 department upon good cause shown by the owner.
2 10 6. A dealer transferring ownership of a snowmobile
2 11 or all-terrain vehicle under this chapter shall assign
2 12 the title to the new owner, or in the case of a new
2 13 snowmobile or new all-terrain vehicle, assign the
2 14 certificate of origin. Within fifteen days the dealer
2 15 shall forward all moneys and applications to the
2 16 county recorder.
2 17 7. The county recorder shall maintain a record of
2 18 any certificate of title which the county recorder
2 19 issues and shall keep each certificate of title on
2 20 record until the certificate of title has been
2 21 inactive for five years. When issuing a title for a
2 22 new snowmobile or new all-terrain vehicle, the county
2 23 recorder shall obtain and keep on file the certificate
2 24 of origin.
2 25 8. Once titled, a person shall not sell or
2 26 transfer ownership of a snowmobile or all-terrain
2 27 vehicle without delivering to the purchaser or
2 28 transferee a certificate of title with an assignment
2 29 on it showing title in the purchaser or transferee. A
2 30 person shall not purchase or otherwise acquire a
2 31 snowmobile or all-terrain vehicle without obtaining a
2 32 certificate of title for it in that person's name.
2 33 9. The county recorder shall transmit a copy of
2 34 the certificate of title to the department, which
2 35 shall be the central repository of title information
2 36 for snowmobiles and all-terrain vehicles.
2 37 Sec. . Section 321G.31, Code 1999, is amended
2 38 to read as follows:
2 39 321G.31 TRANSFER OR REPOSSESSION OF SNOWMOBILE OR
2 40 ALL-TERRAIN VEHICLE BY OPERATION OF LAW.
2 41 1. If ownership of a snowmobile or all-terrain
2 42 vehicle is transferred by operation of law, such as by
2 43 inheritance, order in bankruptcy, insolvency,
2 44 replevin, or execution sale, the transferee, within
2 45 thirty days after acquiring the right to possession of
2 46 the snowmobile or all-terrain vehicle, shall mail or
2 47 deliver to the county recorder satisfactory proof of
2 48 ownership as the county recorder requires, together
2 49 with an application for a new certificate of title,
2 50 and the required fee.
3 1 2. If a lienholder repossesses a snowmobile or
3 2 all-terrain vehicle by operation of law and holds it
3 3 for resale, the lienholder shall secure a new
3 4 certificate of title and shall pay the required fee.
3 5 Sec. . Section 321G.32, subsection 1,
3 6 unnumbered paragraph 1, Code 1999, is amended to read
3 7 as follows:
3 8 A security interest created in this state in a
3 9 snowmobile or all-terrain vehicle is not perfected
3 10 until the security interest is noted on the
3 11 certificate of title."
3 12 #2. Title page, line 1, by inserting after the
3 13 words "relating to" the following: "title
3 14 certificates for and".
3 15
3 16
3 17
3 18 COMMITTEE ON TRANSPORTATION
3 19 WELTER of Jones, Chairperson
3 20 SF 407.301 78
3 21 nh/cf
Text: H01277 Text: H01279 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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