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Senate File 437

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 437
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE REGISTRATION AND TITLING OF ALL-TERRAIN
  1  5    VEHICLES AND SNOWMOBILES AND REMOVING THE RESTRICTION ON
  1  6    THE USE OF AN ALL-TERRAIN VEHICLE ON PUBLIC LAND WITHOUT A
  1  7    MEASURABLE SNOW COVER, AND SUBJECTING VIOLATORS TO A PENALTY.
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11    Section 1.  Section 321G.1, subsection 1, unnumbered
  1 12 paragraph 2, Code 2001, is amended to read as follows:
  1 13    Two-wheeled off-road motorcycles shall be considered all-
  1 14 terrain vehicles only for the purpose of titling and
  1 15 registration and not for purposes of regulation.  An operator
  1 16 of a two-wheeled off-road motorcycle is exempt from the safety
  1 17 instruction and certification program requirements of sections
  1 18 321G.23 and 321G.24.
  1 19    Sec. 2.  Section 321G.2, subsection 1, Code 2001, is
  1 20 amended to read as follows:
  1 21    1.  Registration and titling of all-terrain vehicles and
  1 22 snowmobiles.
  1 23    Sec. 3.  Section 321G.3, Code Supplement 2001, is amended
  1 24 to read as follows:
  1 25    321G.3  REGISTRATION AND NUMBERING REQUIRED.
  1 26    1.  Each all-terrain vehicle and snowmobile used on public
  1 27 land or ice of this state shall be currently registered and
  1 28 numbered.  A person shall not operate, maintain, or give
  1 29 permission for the operation or maintenance of an all-terrain
  1 30 vehicle or snowmobile on public land or ice unless the all-
  1 31 terrain vehicle or snowmobile is numbered in accordance with
  1 32 this chapter, or in accordance with applicable federal laws,
  1 33 or in accordance with an approved numbering system of another
  1 34 state, and unless the identifying number set forth in the
  1 35 registration is displayed on each side of the forward half of
  2  1 the snowmobile and on the rear fender of the all-terrain
  2  2 vehicle as prescribed by rules of the commission.
  2  3    2.  A registration number shall be assigned, without
  2  4 payment of fee, to all-terrain vehicles and snowmobiles owned
  2  5 by the state of Iowa or its political subdivisions upon
  2  6 application for the number, and the assigned registration
  2  7 number shall be displayed on the all-terrain vehicle or
  2  8 snowmobile as required under section 321G.5.  A registration
  2  9 number and certificate shall be assigned, without payment of
  2 10 fee, to an all-terrain vehicle or snowmobile which is exempt
  2 11 from registration but is being titled.  A decal displaying an
  2 12 audit number shall not be issued and the registration shall
  2 13 not expire while the all-terrain vehicle or snowmobile is
  2 14 exempt.  The application for registration shall indicate the
  2 15 reason for exemption from the fee.  The registration
  2 16 certificate shall indicate the reason for exemption.
  2 17    Sec. 4.  Section 321G.5, Code Supplement 2001, is amended
  2 18 by striking the section and inserting in lieu thereof the
  2 19 following:
  2 20    321G.5  DISPLAY OF IDENTIFICATION NUMBERS.
  2 21    The owner shall display the identification number on an
  2 22 all-terrain vehicle or snowmobile in the manner prescribed by
  2 23 the rules of the commission.
  2 24    Sec. 5.  Section 321G.6, unnumbered paragraph 6, Code 2001,
  2 25 is amended to read as follows:
  2 26    Upon the transfer of ownership of an all-terrain vehicle or
  2 27 snowmobile, the owner shall complete the form on the back of
  2 28 the title, if any, and registration, if any, and deliver both
  2 29 to the purchaser or transferee when the all-terrain vehicle or
  2 30 snowmobile is delivered.  If the all-terrain vehicle or
  2 31 snowmobile is not titled, the owner shall complete the form on
  2 32 the back of the current registration certificate and shall
  2 33 deliver it the certificate to the purchaser or transferee at
  2 34 the time of delivering the all-terrain vehicle or snowmobile.
  2 35 If the all-terrain vehicle or snowmobile has not been titled
  3  1 and has not been registered, the owner shall deliver an
  3  2 affidavit for an unregistered and untitled all-terrain vehicle
  3  3 or snowmobile to the purchaser or transferee.  The purchaser
  3  4 or transferee shall, within five thirty days of transfer, file
  3  5 a new application form with the county recorder with a fee of
  3  6 one dollar and the writing fee, and a transfer of number shall
  3  7 be awarded in the same manner as provided in an original
  3  8 registration.  If the purchaser or transferee does not file a
  3  9 new application form within five thirty days of transfer, the
  3 10 transfer of number shall be awarded upon payment of all
  3 11 applicable fees plus a penalty of five dollars.
  3 12    Sec. 6.  Section 321G.8, Code 2001, is amended by adding
  3 13 the following new subsection:
  3 14    NEW SUBSECTION.  6.  Snowmobiles and all-terrain vehicles
  3 15 used exclusively as farm implements.
  3 16    Sec. 7.  Section 321G.13, subsection 10, Code Supplement
  3 17 2001, is amended by striking the subsection.
  3 18    Sec. 8.  Section 321G.13, Code Supplement 2001, is amended
  3 19 by adding the following new unnumbered paragraph:
  3 20    NEW UNNUMBERED PARAGRAPH.  A person shall not drive or
  3 21 operate a snowmobile on public land without a measurable snow
  3 22 cover.
  3 23    Sec. 9.  Section 321G.21, subsection 9, Code 2001, is
  3 24 amended to read as follows:
  3 25    9.  If the purchaser or transferee of an all-terrain
  3 26 vehicle or snowmobile is a dealer who holds the same for
  3 27 resale and operates the all-terrain vehicle or snowmobile only
  3 28 for purposes incidental to a resale and displays the special
  3 29 dealer's certificate, or does not operate the all-terrain
  3 30 vehicle or snowmobile or permit it to be operated, the
  3 31 transferee is not required to obtain a new registration
  3 32 certificate but upon transferring title or interest to another
  3 33 person shall sign the reverse side of the title, if any, and
  3 34 the registration certificate of the all-terrain vehicle or
  3 35 snowmobile indicating the name and address of the new
  4  1 purchaser.  The purchaser may take the registration
  4  2 certificate to the county recorder and file a new application
  4  3 form with a fee of one dollar for transfer and the writing
  4  4 fee.  A dealer shall make application and pay all registration
  4  5 and title fees if applicable on behalf of the purchaser of an
  4  6 all-terrain vehicle or snowmobile.  The recorder shall award a
  4  7 transfer of the registration number.  If the registration has
  4  8 expired while in the dealer's possession, the purchaser may
  4  9 renew the registration for the same fee and writing fee as if
  4 10 the purchaser is securing the original registration.
  4 11    Sec. 10.  Section 321G.29, subsections 1, 4, and 7, Code
  4 12 2001, are amended to read as follows:
  4 13    1.  The owner of a snowmobile acquired on or after January
  4 14 1, 1998, or an all-terrain vehicle acquired on or after
  4 15 January 1, 2000, other than a snowmobile or all-terrain
  4 16 vehicle used exclusively as a farm implement, shall apply to
  4 17 the county recorder of the county in which the owner resides
  4 18 for a certificate of title for the snowmobile or all-terrain
  4 19 vehicle.  The owner of a snowmobile or all-terrain vehicle
  4 20 used exclusively as a farm implement may obtain a certificate
  4 21 of title.  A person who owns a snowmobile or all-terrain
  4 22 vehicle that is not required to have a certificate of title
  4 23 may apply for and receive a certificate of title for the
  4 24 snowmobile or all-terrain vehicle and, subsequently, the
  4 25 snowmobile or all-terrain vehicle shall be subject to the
  4 26 requirements of this chapter as if the snowmobile or all-
  4 27 terrain vehicle were required to be titled.  All snowmobiles
  4 28 or all-terrain vehicles that are titled shall be registered.
  4 29    4.  If a dealer buys or acquires a snowmobile or all-
  4 30 terrain vehicle for resale, the dealer shall report the
  4 31 acquisition to the county recorder on forms provided by the
  4 32 department and may apply for and obtain a certificate of title
  4 33 as provided in this chapter.  If a dealer buys or acquires a
  4 34 used snowmobile or all-terrain vehicle, the dealer may apply
  4 35 for a certificate of title in the dealer's name within fifteen
  5  1 thirty days.  If a dealer buys or acquires a new snowmobile or
  5  2 all-terrain vehicle for resale, the dealer may apply for a
  5  3 certificate of title in the dealer's name.
  5  4    7.  The county recorder shall maintain a record of any
  5  5 certificate of title which the county recorder issues and
  5  6 shall keep each certificate of title on record until the
  5  7 certificate of title has been inactive for five years.  When
  5  8 issuing a title for a new snowmobile or new all-terrain
  5  9 vehicle, the county recorder shall obtain and keep on file the
  5 10 certificate of origin.  When issuing a title and registration
  5 11 for a used snowmobile or all-terrain vehicle for which there
  5 12 is no title or registration, the county recorder shall obtain
  5 13 and keep on file the affidavit for the unregistered and
  5 14 untitled snowmobile or all-terrain vehicle.
  5 15    Sec. 11.  NEW SECTION.  321G.33  VEHICLE IDENTIFICATION
  5 16 NUMBER.
  5 17    1.  The department may assign a distinguishing number to an
  5 18 all-terrain vehicle or snowmobile when the serial number on
  5 19 the all-terrain vehicle or snowmobile is destroyed or
  5 20 obliterated and issue to the owner a special plate bearing the
  5 21 distinguishing number which shall be affixed to the all-
  5 22 terrain vehicle or snowmobile in a position to be determined
  5 23 by the department.  The all-terrain vehicle or snowmobile
  5 24 shall be registered and titled under the distinguishing number
  5 25 in lieu of the former serial number.  Every all-terrain
  5 26 vehicle or snowmobile shall have an identification number
  5 27 assigned and affixed as required by the department.
  5 28    2.  The commission shall adopt, by rule, the procedures for
  5 29 application and for issuance of an identification number for
  5 30 homebuilt all-terrain vehicles or snowmobiles.
  5 31    3.  A person shall not destroy, remove, alter, cover, or
  5 32 deface the manufacturer's vehicle identification number, the
  5 33 plate bearing it, or any vehicle identification number the
  5 34 department assigns to an all-terrain vehicle or snowmobile
  5 35 without the department's permission.
  6  1    4.  A person other than a manufacturer who constructs or
  6  2 rebuilds an all-terrain vehicle or snowmobile for which there
  6  3 is no legible identification number shall submit to the
  6  4 department an affidavit which describes the all-terrain
  6  5 vehicle or snowmobile.  In cooperation with the county
  6  6 recorder, the department shall assign an identification number
  6  7 to the all-terrain vehicle or snowmobile.  The applicant shall
  6  8 permanently affix the identification number to the all-terrain
  6  9 vehicle or snowmobile in a manner that such alteration,
  6 10 removal, or replacement of the identification number would be
  6 11 obvious.  
  6 12 
  6 13 
  6 14                                                             
  6 15                               MARY E. KRAMER
  6 16                               President of the Senate
  6 17 
  6 18 
  6 19                                                             
  6 20                               BRENT SIEGRIST
  6 21                               Speaker of the House
  6 22 
  6 23    I hereby certify that this bill originated in the Senate and
  6 24 is known as Senate File 437, Seventy-ninth General Assembly.
  6 25 
  6 26 
  6 27                                                             
  6 28                               MICHAEL E. MARSHALL
  6 29                               Secretary of the Senate
  6 30 Approved                , 2002
  6 31 
  6 32 
  6 33                                
  6 34 THOMAS J. VILSACK
  6 35 Governor
     

Text: SF00436                           Text: SF00438
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