Text: HSB00018 Text: HSB00020 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321G.1, subsection 1, unnumbered 1 2 paragraph 2, Code 2003, is amended to read as follows: 1 3 Two-wheeled off-road motorcycles shall be considered all- 1 4 terrain vehiclesonlyfor the purpose oftitling and1 5 registration. Two-wheeled off-road motorcycles shall also be 1 6 considered all-terrain vehicles for the purpose of titling if 1 7 a title has not previously been issued pursuant to chapter 1 8 321. An operator of a two-wheeled off-road motorcycle is 1 9 exempt from the safety instruction and certification program 1 10 requirements of sections 321G.23 and 321G.24. 1 11 Sec. 2. Section 321G.1, Code 2003, is amended by adding 1 12 the following new subsections: 1 13 NEW SUBSECTION. 9A. "Nonresident" means a person who is 1 14 not a resident of this state. 1 15 NEW SUBSECTION. 15A. "Resident" means a person who meets 1 16 the requirements for residency described in section 321.1A. 1 17 Sec. 3. Section 321G.2, Code 2003, is amended by adding 1 18 the following new subsection: 1 19 NEW SUBSECTION. 8. Issuance of annual user permits for 1 20 nonresidents and establishment of administrative fees for the 1 21 issuance of the permits. 1 22 Sec. 4. Section 321G.3, subsection 1, Code 2003, is 1 23 amended to read as follows: 1 24 1. Each all-terrain vehicle and snowmobile used by a 1 25 resident on public land or ice of this state shall be 1 26 currently registered and numbered. A nonresident may operate 1 27 an all-terrain vehicle or snowmobile on public land or ice of 1 28 this state pursuant to a valid annual user permit issued by 1 29 the department. A person shall not operate, maintain, or give 1 30 permission for the operation or maintenance of an all-terrain 1 31 vehicle or snowmobile on public land or ice unless the all- 1 32 terrain vehicle or snowmobile is numbered in accordance with 1 33 this chapter,orin accordance with applicable federal laws,1 34or in accordance with an approved numbering system of another1 35state, and unlessthe operator possesses a valid annual user 2 1 permit for the all-terrain vehicle or snowmobile. If the all- 2 2 terrain vehicle or snowmobile is required to be registered in 2 3 this state, the identifying number set forth in the 2 4 registrationisshall be displayed as prescribed by rules of 2 5 the commission. 2 6 Sec. 5. NEW SECTION. 321G.4A NONRESIDENT USER PERMITS. 2 7 A nonresident wishing to operate an all-terrain vehicle or 2 8 snowmobile, other than an all-terrain vehicle or snowmobile 2 9 owned by a resident and registered pursuant to this chapter, 2 10 on public land or ice of this state shall first obtain a user 2 11 permit from the department. A user permit shall be issued for 2 12 the all-terrain vehicle or snowmobile specified at the time of 2 13 application and is not transferable. A user permit shall be 2 14 valid for the calendar year specified in the permit. 2 15 User permits may be issued by a county recorder or a 2 16 license depositary pursuant to rules adopted by the 2 17 commission. The fee for a user permit shall be thirty-five 2 18 dollars plus an administrative fee established by the 2 19 commission. A county recorder shall retain a writing fee of 2 20 one dollar from the sale of each user permit issued by the 2 21 county recorder's office. The writing fees retained by the 2 22 county recorder shall be deposited in the general fund of the 2 23 county. A license depositary designated by the director 2 24 pursuant to section 483A.11 shall retain a writing fee of one 2 25 dollar from the sale of each permit issued by the agent. 2 26 Sec. 6. Section 321G.7, unnumbered paragraph 2, Code 2003, 2 27 is amended to read as follows: 2 28 The department shall remit the fees, including fees 2 29 collected pursuant to section 321G.4 and user fees collected 2 30 pursuant to section 321G.4A, to the treasurer of state, who 2 31 shall place the money in a special conservation fund. The 2 32 money is appropriated to the department for the all-terrain 2 33 vehicle and snowmobile programs of the state. All-terrain 2 34 vehicle fees shall be used only for all-terrain vehicle 2 35 programs and snowmobile fees shall be used only for snowmobile 3 1 programs. Joint programs shall be supported from both types 3 2 of fees on a usage basis. The all-terrain vehicle and 3 3 snowmobile programs shall include grants, subgrants, 3 4 contracts, or cost-sharing of all-terrain vehicle and 3 5 snowmobile programs with political subdivisions or 3 6 incorporated private organizations or both in accordance with 3 7 rules adopted by the commission. All all-terrain vehicle 3 8 programs using cost-sharing, grants, subgrants, or contracts 3 9 shall establish and implement a safety instruction program 3 10 either singly or in cooperation with other all-terrain vehicle 3 11 programs. At least fifty percent of the special fund shall be 3 12 available for political subdivisions or incorporated private 3 13 organizations or both. Moneys from the special fund not used 3 14 by the political subdivisions or incorporated private 3 15 organizations or both shall remain in the all-terrain vehicle 3 16 or snowmobile accounts. The department may use funds from 3 17 these accounts for the administration of the all-terrain 3 18 vehicle and snowmobile programs. 3 19 Sec. 7. Section 321G.8, subsection 5, Code 2003, is 3 20 amended by striking the subsection. 3 21 Sec. 8. Section 321G.29, subsection 1, Code 2003, is 3 22 amended to read as follows: 3 23 1. The owner of a snowmobile acquired on or after January 3 24 1, 1998, or an all-terrain vehicle acquired on or after 3 25 January 1, 2000, other than a snowmobile or all-terrain 3 26 vehicle used exclusively as a farm implement or a motorcycle 3 27 previously issued a title pursuant to chapter 321, shall apply 3 28 to the county recorder of the county in which the owner 3 29 resides for a certificate of title for the snowmobile or all- 3 30 terrain vehicle. The owner of a snowmobile or all-terrain 3 31 vehicle used exclusively as a farm implement may obtain a 3 32 certificate of title. A person who owns a snowmobile or all- 3 33 terrain vehicle that is not required to have a certificate of 3 34 title may apply for and receive a certificate of title for the 3 35 snowmobile or all-terrain vehicle and, subsequently, the 4 1 snowmobile or all-terrain vehicle shall be subject to the 4 2 requirements of this chapter as if the snowmobile or all- 4 3 terrain vehicle were required to be titled. All snowmobiles 4 4 or all-terrain vehicles that are titled shall be registered. 4 5 Sec. 9. Section 321G.29, Code 2003, is amended by adding 4 6 the following new subsection: 4 7 NEW SUBSECTION. 11. A motorcycle that has been issued a 4 8 certificate of title pursuant to this section may be issued a 4 9 title pursuant to chapter 321 upon proper application and 4 10 surrender of the existing title. Upon issuance of a title 4 11 pursuant to chapter 321, the certificate of title previously 4 12 issued pursuant to this section shall be returned to the 4 13 issuing county recorder. 4 14 Sec. 10. Section 331.605, subsection 4, Code 2003, is 4 15 amended to read as follows: 4 16 4. For the issuance of all-terrain vehicle and snowmobile 4 17 registrations and user permits, the fees specified insection4 18 sections 321G.4 and 321G.4A. 4 19 Sec. 11. Section 805.8B, subsection 2, paragraph a, Code 4 20 2003, is amended to read as follows: 4 21 a. For registration or user permit violations under 4 22 section 321G.3, the scheduled fine is twenty dollars. When 4 23 the scheduled fine is paid, the violator shall submit 4 24 sufficient proof that a valid registration or user permit has 4 25 been obtained. 4 26 EXPLANATION 4 27 This bill makes several changes to current law relating to 4 28 the operation of all-terrain vehicles and snowmobiles. The 4 29 bill provides that a two-wheeled off-road motorcycle shall be 4 30 considered an all-terrain vehicle for the purpose of titling 4 31 only if the motorcycle has not previously been issued a motor 4 32 vehicle title. A motorcycle that has been issued a title as 4 33 an all-terrain vehicle can apply for and be issued a motor 4 34 vehicle title upon surrender of the existing title. Two- 4 35 wheeled off-road motorcycles continue to be considered all- 5 1 terrain vehicles for the purpose of registration. 5 2 The bill requires that in order to operate an all-terrain 5 3 vehicle or snowmobile on public land or ice of this state, a 5 4 nonresident must obtain a user permit from the department of 5 5 natural resources. User permits are valid for the calendar 5 6 year specified in the permit and are nontransferable. The 5 7 permits may be issued by county recorders or license 5 8 depositaries designated by the department in a manner similar 5 9 to the issuance of hunting and fishing licenses. The fee for 5 10 an annual user permit is $35 plus an administrative fee. 5 11 County recorders and depositaries shall also charge a $1 5 12 writing fee. 5 13 A person who violates the requirement to obtain a user 5 14 permit is subject to a fine of $20, and is required to submit 5 15 proof that a valid permit has been obtained upon payment of 5 16 the fine. 5 17 The bill makes a corrective amendment to Code section 5 18 321G.8 by eliminating all-terrain vehicles operated on 5 19 highways incidental to the vehicle's use for agricultural 5 20 purposes from the list of vehicles exempt from registration 5 21 under Code chapter 321G. 5 22 LSB 1542HC 80 5 23 dea/cl/14
Text: HSB00018 Text: HSB00020 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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