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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