Text: S03398 Text: S03400 Text: S03300 - S03399 Text: S 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 1, by inserting before line 1 the
1 4 following:
1 5 "Section 1. Section 321G.1, subsection 1, Code
1 6 1999, is amended by adding the following new
1 7 unnumbered paragraph:
1 8 NEW UNNUMBERED PARAGRAPH. Two-wheeled off-road
1 9 motorcycles shall be considered all-terrain vehicles
1 10 only for the purpose of titling and registration and
1 11 not for purposes of regulation."
1 12 #2. Page 2, by inserting after line 30 the
1 13 following:
1 14 "Sec. . Section 321G.29, subsections 1 and 3
1 15 through 9, Code 1999, are amended to read as follows:
1 16 1. The owner of a snowmobile acquired on or after
1 17 January 1, 1998, or an all-terrain vehicle acquired on
1 18 or after January 1, 2000, other than a snowmobile or
1 19 all-terrain vehicle used exclusively as a farm
1 20 implement, shall apply to the county recorder of the
1 21 county in which the owner resides for a certificate of
1 22 title for the snowmobile or all-terrain vehicle. The
1 23 owner of a snowmobile or all-terrain vehicle used
1 24 exclusively as a farm implement may obtain a
1 25 certificate of title.
1 26 3. An owner of a snowmobile or all-terrain vehicle
1 27 shall apply to the county recorder for issuance of a
1 28 certificate of title within thirty days after
1 29 acquisition. The application shall be on forms the
1 30 department prescribes and accompanied by the required
1 31 fee. The application shall be signed and sworn to
1 32 before a notary public or other person who administers
1 33 oaths, or shall include a certification signed in
1 34 writing containing substantially the representation
1 35 that statements made are true and correct to the best
1 36 of the applicant's knowledge, information, and belief,
1 37 under penalty of perjury. The application shall
1 38 contain the date of sale and gross price of the
1 39 snowmobile or all-terrain vehicle or the fair market
1 40 value if no sale immediately preceded the transfer and
1 41 any additional information the department requires.
1 42 If the application is made for a snowmobile or all-
1 43 terrain vehicle last previously registered or titled
1 44 in another state or foreign country, the application
1 45 shall contain this information and any other
1 46 information the department requires.
1 47 4. If a dealer buys or acquires a snowmobile or
1 48 all-terrain vehicle for resale, the dealer shall
1 49 report the acquisition to the county recorder on forms
1 50 provided by the department and may apply for and
2 1 obtain a certificate of title as provided in this
2 2 chapter. If a dealer buys or acquires a used
2 3 snowmobile or all-terrain vehicle, the dealer may
2 4 apply for a certificate of title in the dealer's name
2 5 within fifteen days. If a dealer buys or acquires a
2 6 new snowmobile or all-terrain vehicle for resale, the
2 7 dealer may apply for a certificate of title in the
2 8 dealer's name.
2 9 5. A manufacturer or dealer shall not transfer
2 10 ownership of a new snowmobile or new all-terrain
2 11 vehicle without supplying the transferee with the
2 12 manufacturer's or importer's certificate of origin
2 13 signed by the manufacturer's or importer's authorized
2 14 agent. The certificate shall contain information the
2 15 department requires. The department may adopt rules
2 16 providing for the issuance of a certificate of origin
2 17 for a snowmobile or all-terrain vehicle by the
2 18 department upon good cause shown by the owner.
2 19 6. A dealer transferring ownership of a snowmobile
2 20 or all-terrain vehicle under this chapter shall assign
2 21 the title to the new owner, or in the case of a new
2 22 snowmobile or new all-terrain vehicle, assign the
2 23 certificate of origin. Within fifteen days the dealer
2 24 shall forward all moneys and applications to the
2 25 county recorder.
2 26 7. The county recorder shall maintain a record of
2 27 any certificate of title which the county recorder
2 28 issues and shall keep each certificate of title on
2 29 record until the certificate of title has been
2 30 inactive for five years. When issuing a title for a
2 31 new snowmobile or new all-terrain vehicle, the county
2 32 recorder shall obtain and keep on file the certificate
2 33 of origin.
2 34 8. Once titled, a person shall not sell or
2 35 transfer ownership of a snowmobile or all-terrain
2 36 vehicle without delivering to the purchaser or
2 37 transferee a certificate of title with an assignment
2 38 on it showing title in the purchaser or transferee. A
2 39 person shall not purchase or otherwise acquire a
2 40 snowmobile or all-terrain vehicle without obtaining a
2 41 certificate of title for it in that person's name.
2 42 9. The county recorder shall transmit a copy of
2 43 the certificate of title to the department, which
2 44 shall be the central repository of title information
2 45 for snowmobiles and all-terrain vehicles.
2 46 Sec. . Section 321G.31, Code 1999, is amended
2 47 to read as follows:
2 48 321G.31 TRANSFER OR REPOSSESSION OF SNOWMOBILE OR
2 49 ALL-TERRAIN VEHICLE BY OPERATION OF LAW.
2 50 1. If ownership of a snowmobile or all-terrain
3 1 vehicle is transferred by operation of law, such as by
3 2 inheritance, order in bankruptcy, insolvency,
3 3 replevin, or execution sale, the transferee, within
3 4 thirty days after acquiring the right to possession of
3 5 the snowmobile or all-terrain vehicle, shall mail or
3 6 deliver to the county recorder satisfactory proof of
3 7 ownership as the county recorder requires, together
3 8 with an application for a new certificate of title,
3 9 and the required fee.
3 10 2. If a lienholder repossesses a snowmobile or
3 11 all-terrain vehicle by operation of law and holds it
3 12 for resale, the lienholder shall secure a new
3 13 certificate of title and shall pay the required fee.
3 14 Sec. . Section 321G.32, subsection 1,
3 15 unnumbered paragraph 1, Code 1999, is amended to read
3 16 as follows:
3 17 A security interest created in this state in a
3 18 snowmobile or all-terrain vehicle is not perfected
3 19 until the security interest is noted on the
3 20 certificate of title."
3 21 #3. Title page, line 1, by inserting after the
3 22 words "relating to" the following: "title
3 23 certificates for and".
3 24 SF 407H
3 25 nh/jg/25
Text: S03398 Text: S03400 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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