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PAG LIN
1 1 SENATE FILE 407
1 2
1 3 AN ACT
1 4 RELATING TO TITLE CERTIFICATES FOR AND REGISTRATION OF ALL-
1 5 TERRAIN VEHICLES AND SNOWMOBILES AND PROVIDING FOR AND
1 6 APPLYING PENALTIES.
1 7
1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 9
1 10 Section 1. Section 321G.1, subsection 1, Code 1999, is
1 11 amended by adding the following new unnumbered paragraph:
1 12 NEW UNNUMBERED PARAGRAPH. Two-wheeled off-road motorcycles
1 13 shall be considered all-terrain vehicles only for the purpose
1 14 of titling and registration and not for purposes of
1 15 regulation.
1 16 Sec. 2. Section 321G.4, unnumbered paragraph 2, Code 1999,
1 17 is amended to read as follows:
1 18 The owner of the all-terrain vehicle or snowmobile shall
1 19 file an application for registration with the appropriate
1 20 county recorder on forms provided by the commission. The
1 21 application shall be completed and signed by the owner of the
1 22 all-terrain vehicle or snowmobile and shall be accompanied by
1 23 a fee of twenty dollars and a writing fee. An all-terrain
1 24 vehicle or a snowmobile shall not be registered by the county
1 25 recorder until the county recorder is presented with receipts,
1 26 bills of sale, or other satisfactory evidence that the sales
1 27 or use tax has been paid for the purchase of the all-terrain
1 28 vehicle or snowmobile or that the owner is exempt from paying
1 29 the tax. However, an owner of an all-terrain vehicle, except
1 30 an all-terrain vehicle purchased new on or after January 1,
1 31 1990, may apply for registration without proof of sales or use
1 32 tax paid until one year after January 1, 1990. An all-terrain
1 33 vehicle or snowmobile that has an expired registration
1 34 certificate from another state may be registered in this state
1 35 upon proper application, payment of all applicable
2 1 registration and writing fees, and payment of a penalty of
2 2 five dollars.
2 3 PARAGRAPH DIVIDED. Upon receipt of the application in
2 4 approved form accompanied by the required fees, the county
2 5 recorder shall enter it upon the records and shall issue to
2 6 the applicant a pocket-size registration certificate. The
2 7 certificate shall be executed in triplicate, one copy to be
2 8 delivered to the owner, one copy to the commission, and one
2 9 copy to be retained on file by the county recorder. The
2 10 registration certificate shall bear the number awarded to the
2 11 all-terrain vehicle or snowmobile and the name and address of
2 12 the owner. The registration certificate shall be carried
2 13 either in the all-terrain vehicle or snowmobile or on the
2 14 person of the operator of the machine when in use. The
2 15 operator of an all-terrain vehicle or snowmobile shall exhibit
2 16 the registration certificate to a peace officer upon request,
2 17 to a person injured in an accident involving an all-terrain
2 18 vehicle or snowmobile, or to the owner or operator of another
2 19 all-terrain vehicle or snowmobile or the owner of personal or
2 20 real property when the all-terrain vehicle or snowmobile is
2 21 involved in a collision or accident of any nature with another
2 22 all-terrain vehicle or snowmobile or the property of another
2 23 person or to the property owner or tenant when the all-terrain
2 24 vehicle or snowmobile is being operated on private property
2 25 without permission from the property owner or tenant.
2 26 Sec. 3. Section 321G.6, unnumbered paragraph 6, Code 1999,
2 27 is amended to read as follows:
2 28 Upon the transfer of ownership of an all-terrain vehicle or
2 29 snowmobile, the owner shall complete the form on the back of a
2 30 current registration certificate and shall deliver it to the
2 31 purchaser or transferee at the time of delivering the all-
2 32 terrain vehicle or snowmobile. If an all-terrain vehicle or
2 33 snowmobile is stored by the transferor pursuant to section
2 34 321G.4 at the time of transfer, the transferor shall provide
2 35 the transferee with a copy of the affidavit filed with the
3 1 county recorder pursuant to section 321G.4 at the time of
3 2 delivering the all-terrain vehicle or snowmobile. The
3 3 purchaser or transferee shall, within five days of transfer,
3 4 file a new application form with the county recorder with a
3 5 fee of one dollar and the writing fee, and a transfer of
3 6 number shall be awarded in the same manner as provided in an
3 7 original registration. If the purchaser or transferee does
3 8 not file a new application form within five days of transfer,
3 9 the transfer of number shall be awarded upon payment of all
3 10 applicable fees plus a penalty of five dollars.
3 11 Sec. 4. Section 321G.29, subsections 1 and 3 through 9,
3 12 Code 1999, are amended to read as follows:
3 13 1. The owner of a snowmobile acquired on or after January
3 14 1, 1998, or an all-terrain vehicle acquired on or after
3 15 January 1, 2000, other than a snowmobile or all-terrain
3 16 vehicle used exclusively as a farm implement, shall apply to
3 17 the county recorder of the county in which the owner resides
3 18 for a certificate of title for the snowmobile or all-terrain
3 19 vehicle. The owner of a snowmobile or all-terrain vehicle
3 20 used exclusively as a farm implement may obtain a certificate
3 21 of title.
3 22 3. An owner of a snowmobile or all-terrain vehicle shall
3 23 apply to the county recorder for issuance of a certificate of
3 24 title within thirty days after acquisition. The application
3 25 shall be on forms the department prescribes and accompanied by
3 26 the required fee. The application shall be signed and sworn
3 27 to before a notary public or other person who administers
3 28 oaths, or shall include a certification signed in writing
3 29 containing substantially the representation that statements
3 30 made are true and correct to the best of the applicant's
3 31 knowledge, information, and belief, under penalty of perjury.
3 32 The application shall contain the date of sale and gross price
3 33 of the snowmobile or all-terrain vehicle or the fair market
3 34 value if no sale immediately preceded the transfer and any
3 35 additional information the department requires. If the
4 1 application is made for a snowmobile or all-terrain vehicle
4 2 last previously registered or titled in another state or
4 3 foreign country, the application shall contain this
4 4 information and any other information the department requires.
4 5 4. If a dealer buys or acquires a snowmobile or all-
4 6 terrain vehicle for resale, the dealer shall report the
4 7 acquisition to the county recorder on forms provided by the
4 8 department and may apply for and obtain a certificate of title
4 9 as provided in this chapter. If a dealer buys or acquires a
4 10 used snowmobile or all-terrain vehicle, the dealer may apply
4 11 for a certificate of title in the dealer's name within fifteen
4 12 days. If a dealer buys or acquires a new snowmobile or all-
4 13 terrain vehicle for resale, the dealer may apply for a
4 14 certificate of title in the dealer's name.
4 15 5. A manufacturer or dealer shall not transfer ownership
4 16 of a new snowmobile or new all-terrain vehicle without
4 17 supplying the transferee with the manufacturer's or importer's
4 18 certificate of origin signed by the manufacturer's or
4 19 importer's authorized agent. The certificate shall contain
4 20 information the department requires. The department may adopt
4 21 rules providing for the issuance of a certificate of origin
4 22 for a snowmobile or all-terrain vehicle by the department upon
4 23 good cause shown by the owner.
4 24 6. A dealer transferring ownership of a snowmobile or all-
4 25 terrain vehicle under this chapter shall assign the title to
4 26 the new owner, or in the case of a new snowmobile or new all-
4 27 terrain vehicle, assign the certificate of origin. Within
4 28 fifteen days the dealer shall forward all moneys and
4 29 applications to the county recorder.
4 30 7. The county recorder shall maintain a record of any
4 31 certificate of title which the county recorder issues and
4 32 shall keep each certificate of title on record until the
4 33 certificate of title has been inactive for five years. When
4 34 issuing a title for a new snowmobile or new all-terrain
4 35 vehicle, the county recorder shall obtain and keep on file the
5 1 certificate of origin.
5 2 8. Once titled, a person shall not sell or transfer
5 3 ownership of a snowmobile or all-terrain vehicle without
5 4 delivering to the purchaser or transferee a certificate of
5 5 title with an assignment on it showing title in the purchaser
5 6 or transferee. A person shall not purchase or otherwise
5 7 acquire a snowmobile or all-terrain vehicle without obtaining
5 8 a certificate of title for it in that person's name.
5 9 9. The county recorder shall transmit a copy of the
5 10 certificate of title to the department, which shall be the
5 11 central repository of title information for snowmobiles and
5 12 all-terrain vehicles.
5 13 Sec. 5. Section 321G.31, Code 1999, is amended to read as
5 14 follows:
5 15 321G.31 TRANSFER OR REPOSSESSION OF SNOWMOBILE OR ALL-
5 16 TERRAIN VEHICLE BY OPERATION OF LAW.
5 17 1. If ownership of a snowmobile or all-terrain vehicle is
5 18 transferred by operation of law, such as by inheritance, order
5 19 in bankruptcy, insolvency, replevin, or execution sale, the
5 20 transferee, within thirty days after acquiring the right to
5 21 possession of the snowmobile or all-terrain vehicle, shall
5 22 mail or deliver to the county recorder satisfactory proof of
5 23 ownership as the county recorder requires, together with an
5 24 application for a new certificate of title, and the required
5 25 fee.
5 26 2. If a lienholder repossesses a snowmobile or all-terrain
5 27 vehicle by operation of law and holds it for resale, the
5 28 lienholder shall secure a new certificate of title and shall
5 29 pay the required fee.
5 30 Sec. 6. Section 321G.32, subsection 1, unnumbered
5 31 paragraph 1, Code 1999, is amended to read as follows:
5 32 A security interest created in this state in a snowmobile
5 33 or all-terrain vehicle is not perfected until the security
5 34 interest is noted on the certificate of title.
5 35
6 1
6 2
6 3 MARY E. KRAMER
6 4 President of the Senate
6 5
6 6
6 7
6 8 RON J. CORBETT
6 9 Speaker of the House
6 10
6 11 I hereby certify that this bill originated in the Senate and
6 12 is known as Senate File 407, Seventy-eighth General Assembly.
6 13
6 14
6 15
6 16 MICHAEL E. MARSHALL
6 17 Secretary of the Senate
6 18 Approved , 1999
6 19
6 20
6 21
6 22 THOMAS J. VILSACK
6 23 Governor
Text: SF00406 Text: SF00408 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
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