Text: SF00436 Text: SF00438 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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 registrationand 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 displayedon each side of the forward half of2 1the snowmobile and on the rear fender of the all-terrain2 2vehicleas 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 deliveritthe 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, withinfivethirty 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 withinfivethirty 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 registration4 2certificate to the county recorder and file a new application4 3form with a fee of one dollar for transfer and the writing4 4fee.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 withinfifteen5 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 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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