House Study Bill 267
HOUSE FILE
BY (PROPOSED COMMITTEE ON
NATURAL RESOURCES BILL
BY CHAIRPERSON FREEMAN)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the regulation of snowmobiles, establishing
2 fees, and providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2757HC 81
5 dea/gg/14
PAG LIN
1 1 Section 1. Section 321G.1, subsection 18, Code 2005, is
1 2 amended to read as follows:
1 3 18. "Snowmobile" means a motorized vehicle weighing less
1 4 than one thousand pounds which uses sled=type runners or skis,
1 5 endless belt=type tread with a width of forty=eight inches or
1 6 less, or any combination of runners, skis, or tread, and is
1 7 designed for travel on snow or ice. "Snowmobile" does not
1 8 include an all=terrain vehicle, as defined in section 321I.1,
1 9 which has been altered or equipped with runners, skis, belt=
1 10 type tracks, or treads.
1 11 Sec. 2. Section 321G.3, subsection 1, Code 2005, is
1 12 amended to read as follows:
1 13 1. Each snowmobile used on public land or ice of this
1 14 state shall be currently registered and numbered. A person
1 15 shall not operate, maintain, or give permission for the
1 16 operation or maintenance of a snowmobile on public land or ice
1 17 unless the snowmobile is numbered in accordance with this
1 18 chapter, or applicable federal laws, or an approved numbering
1 19 system of another state, and unless the snowmobile displays a
1 20 current annual user permit for the snowmobile. If the
1 21 snowmobile is required to be registered in this state, the
1 22 identifying number set forth in the registration is shall be
1 23 displayed as prescribed by rules of the commission.
1 24 Sec. 3. Section 321G.4, Code 2005, is amended to read as
1 25 follows:
1 26 321G.4 REGISTRATION WITH COUNTY RECORDER == FEE.
1 27 1. The owner of each snowmobile required to be numbered
1 28 shall register it annually with the department through the
1 29 county recorder of the county in which the owner resides or,
1 30 if the owner is a nonresident, the owner shall register it in
1 31 the county in which the snowmobile is principally used. The
1 32 department shall develop and maintain an electronic system for
1 33 the registration of snowmobiles pursuant to this chapter. The
1 34 commission has supervisory responsibility over department
1 35 shall establish forms and procedures as necessary for the
2 1 registration of snowmobiles and shall provide each county
2 2 recorder with registration forms and certificates and shall
2 3 allocate registration numbers to each county.
2 4 2. The owner of the snowmobile shall file an application
2 5 for registration with the department through the appropriate
2 6 county recorder on forms provided in the manner established by
2 7 the commission. The application shall be completed and signed
2 8 by the owner and shall be accompanied by a fee of fifteen
2 9 dollars and a writing fee. A snowmobile shall not be
2 10 registered by the county recorder until the county recorder is
2 11 presented with receipts, bills of sale, or other satisfactory
2 12 evidence that the sales or use tax has been paid for the
2 13 purchase of the snowmobile or that the owner is exempt from
2 14 paying the tax. A snowmobile that has an expired registration
2 15 certificate from another state may be registered in this state
2 16 upon proper application, payment of all applicable
2 17 registration and writing fees, and payment of a penalty of
2 18 five dollars.
2 19 3. Upon receipt of the application in approved form
2 20 accompanied by the required fees, the county recorder shall
2 21 enter it upon the records register the snowmobile with the
2 22 department and shall issue to the applicant a registration
2 23 certificate. The certificate shall be executed in triplicate,
2 24 one copy to be delivered to the owner, one copy to the
2 25 commission, and one copy to be retained on file by the county
2 26 recorder. The registration certificate shall bear the number
2 27 awarded to the snowmobile and the name and address of the
2 28 owner. The registration certificate shall be carried either
2 29 in the snowmobile or on the person of the operator of the
2 30 snowmobile when in use. The operator of a snowmobile shall
2 31 exhibit the registration certificate to a peace officer upon
2 32 request, to a person injured in an accident involving a
2 33 snowmobile, to the owner or operator of another snowmobile or
2 34 the owner of personal or real property when the snowmobile is
2 35 involved in a collision or accident of any nature with another
3 1 snowmobile or the property of another person, or to the
3 2 property owner or tenant when the snowmobile is being operated
3 3 on private property without permission from the property owner
3 4 or tenant.
3 5 4. If a snowmobile is placed in storage, the owner shall
3 6 return the current registration certificate to the county
3 7 recorder with an affidavit stating that the snowmobile is
3 8 placed in storage and the effective date of storage. The
3 9 county recorder shall notify the commission department of each
3 10 snowmobile placed in storage. When the owner of a stored
3 11 snowmobile desires to renew the registration, the owner shall
3 12 make application to through the county recorder and pay the
3 13 registration and writing fees without penalty. A refund of
3 14 the registration fee shall not be allowed for a stored
3 15 snowmobile.
3 16 5. Notwithstanding subsections 1 and 2, a snowmobile that
3 17 is more than thirty years old may be registered for a one=time
3 18 fee of twenty=five dollars, which shall exempt the owner from
3 19 annual registration and fee requirements for that snowmobile.
3 20 However, if ownership of such a snowmobile is transferred, the
3 21 new owner shall register the snowmobile and pay the one=time
3 22 fee as required under this subsection.
3 23 Sec. 4. NEW SECTION. 321G.4A NONRESIDENT USER PERMITS.
3 24 1. A nonresident wishing to operate a snowmobile, other
3 25 than a snowmobile registered pursuant to this chapter, on
3 26 public land or ice of this state shall first obtain a user
3 27 permit from the department. A user permit shall be issued for
3 28 the snowmobile specified at the time of application and is not
3 29 transferable. A user permit shall be valid for the calendar
3 30 year specified in the permit.
3 31 2. User permits may be issued by a county recorder or a
3 32 license agent pursuant to rules adopted by the commission.
3 33 The fee for a user permit shall be fifteen dollars plus an
3 34 administrative fee established by the commission. A county
3 35 recorder shall retain a writing fee of one dollar from the
4 1 sale of each user permit issued by the county recorder's
4 2 office. The writing fees retained by the county recorder
4 3 shall be deposited in the general fund of the county. A
4 4 license agent designated by the director pursuant to section
4 5 483A.11 shall retain a writing fee of one dollar from the sale
4 6 of each permit issued by the agent.
4 7 Sec. 5. Section 321G.6, subsection 1, Code 2005, is
4 8 amended to read as follows:
4 9 1. Every snowmobile registration certificate and number
4 10 issued expires at midnight December 31 unless sooner
4 11 terminated or discontinued in accordance with this chapter.
4 12 After the first day of September each year, an unregistered
4 13 snowmobile may be registered or and a registration may be
4 14 renewed in one transaction. The fee is five dollars for the
4 15 remainder of the current year, in addition to the registration
4 16 fee of fifteen dollars for the subsequent year beginning
4 17 January 1, and a writing fee.
4 18 Sec. 6. Section 321G.6, Code 2005, is amended by adding
4 19 the following new subsection:
4 20 NEW SUBSECTION. 6. The department shall develop and
4 21 maintain an electronic system for residents to renew
4 22 snowmobile registrations pursuant to this section. A county
4 23 recorder or license agent may issue snowmobile registration
4 24 renewals electronically pursuant to rules adopted by the
4 25 commission. The fee for a registration renewal issued using
4 26 an electronic system is fifteen dollars plus an administrative
4 27 fee established by the commission. A county recorder or
4 28 license agent designated by the director pursuant to section
4 29 483A.11 shall retain a writing fee of one dollar for each
4 30 registration renewal issued. The writing fees retained by the
4 31 county recorder shall be deposited in the general fund of the
4 32 county.
4 33 Sec. 7. Section 321G.7, unnumbered paragraph 2, Code 2005,
4 34 is amended to read as follows:
4 35 The department shall remit the fees, including user permit
5 1 fees collected pursuant to section 321G.4A, to the treasurer
5 2 of state, who shall place the money in a special snowmobile
5 3 fund. The money is appropriated to the department for the
5 4 snowmobile programs of the state. The programs shall include
5 5 grants, subgrants, contracts, or cost=sharing of snowmobile
5 6 programs with political subdivisions or incorporated private
5 7 organizations or both in accordance with rules adopted by the
5 8 commission. Snowmobile fees may be used to support snowmobile
5 9 programs on a usage basis. At least fifty percent of the
5 10 special fund shall be available for political subdivisions or
5 11 incorporated private organizations or both. Moneys from the
5 12 special fund not used by the political subdivisions or
5 13 incorporated private organizations or both shall remain in the
5 14 fund and may be used by the department for the administration
5 15 of the snowmobile programs. Notwithstanding section 8.33,
5 16 moneys in the special fund shall not revert to the general
5 17 fund of the state at the end of a fiscal year.
5 18 Notwithstanding section 12C.7, subsection 2, interest or
5 19 earnings on moneys in the special fund shall remain in the
5 20 fund.
5 21 Sec. 8. Section 321G.8, subsection 3, Code 2005, is
5 22 amended by striking the subsection.
5 23 Sec. 9. Section 321G.13, subsection 1, paragraph g, Code
5 24 2005, is amended by striking the paragraph and inserting in
5 25 lieu thereof the following:
5 26 g. In any park, wildlife area, preserve, refuge, game
5 27 management area, or any portion of a meandered stream, or any
5 28 portion of the bed of a nonmeandered stream which has been
5 29 identified as a navigable stream or river by rule adopted by
5 30 the department and which is covered by water, except on
5 31 designated snowmobile trails.
5 32 This paragraph does not prohibit the use of ford crossings
5 33 of public or private roads or any other ford crossing when
5 34 used for agricultural purposes; the operation of construction
5 35 vehicles engaged in lawful construction, repair, or
6 1 maintenance in a streambed; or the operation of snowmobiles on
6 2 ice.
6 3 Sec. 10. Section 331.602, subsection 16, Code 2005, is
6 4 amended to read as follows:
6 5 16. Issue snowmobile registrations and all=terrain vehicle
6 6 registrations and user permits as provided in sections 321G.4,
6 7 321G.4A, 321G.6, 321G.21, 321I.4, 321I.5, 321I.7, and 321I.22.
6 8 Sec. 11. Section 805.8B, subsection 2, Code 2005, is
6 9 amended to read as follows:
6 10 2. SNOWMOBILE AND ALL=TERRAIN VEHICLE VIOLATIONS.
6 11 a. For registration or user permit violations under
6 12 sections section 321G.3 and 321I.3, the scheduled fine is
6 13 twenty fifty dollars. When the scheduled fine is paid, the
6 14 violator shall submit sufficient proof that a valid
6 15 registration or user permit has been obtained.
6 16 b. (1) For operating violations under section 321G.9,
6 17 subsections 1, 2, 3, 4, 5, 6, and 7, sections the scheduled
6 18 fine is fifty dollars.
6 19 (2) For operating violations under sections 321G.11, and
6 20 321G.13, subsection 1, paragraph "d", sections 321I.10,
6 21 321I.12, and 321I.14, subsection 1, paragraph "d", the
6 22 scheduled fine is twenty dollars.
6 23 (3) For operating violations under section 321G.13,
6 24 subsection 1, paragraphs "a", "b", "e", "f", "g", and "h", and
6 25 subsections 2 and 3, the scheduled fine is one hundred
6 26 dollars.
6 27 c. For improper or defective equipment under sections
6 28 section 321G.12 and 321I.13, the scheduled fine is twenty
6 29 dollars.
6 30 d. For violations of sections section 321G.19 and 321I.20,
6 31 the scheduled fine is twenty dollars.
6 32 e. For identification violations under sections section
6 33 321G.5 and 321I.6, the scheduled fine is twenty dollars.
6 34 f. For stop signal violations under section 321G.17, the
6 35 scheduled fine is one hundred dollars.
7 1 g. For violations of section 321G.20, the scheduled fine
7 2 is fifty dollars.
7 3 Sec. 12. Section 805.8B, Code 2005, is amended by adding
7 4 the following new subsection:
7 5 NEW SUBSECTION. 2A. ALL=TERRAIN VEHICLE VIOLATIONS.
7 6 a. For registration or user permit violations under
7 7 section 321I.3, the scheduled fine is twenty dollars. When
7 8 the scheduled fine is paid, the violator shall submit
7 9 sufficient proof that a valid registration or user permit has
7 10 been obtained.
7 11 b. For operating violations under sections 321I.10,
7 12 321I.12, and 321I.14, subsection 1, paragraph "d", the
7 13 scheduled fine is twenty dollars.
7 14 c. For improper or defective equipment under section
7 15 321I.13, the scheduled fine is twenty dollars.
7 16 d. For violations of section 321I.20, the scheduled fine
7 17 is twenty dollars.
7 18 e. For identification violations under section 321I.6, the
7 19 scheduled fine is twenty dollars.
7 20 Sec. 13. PENALTY PROVISIONS == CODE EDITOR DIRECTIVE. The
7 21 sections of this Act amending section 805.8B, subsection 2,
7 22 and enacting section 805.8B, subsection 2A, are intended to
7 23 codify the penalty provisions relating to snowmobile
7 24 violations, as amended in this Act, in a separate subsection
7 25 from the penalty provisions relating to all=terrain vehicle
7 26 violations. If penalties relating to all=terrain vehicle
7 27 violations are amended in another Act of the general assembly
7 28 during the 2005 legislative session, the Code editor shall
7 29 harmonize the provisions so as to give effect to the
7 30 amendments to the all=terrain vehicle penalties in the other
7 31 Act.
7 32 EXPLANATION
7 33 This bill makes numerous changes to provisions relating to
7 34 the ownership and use of snowmobiles, as regulated by the
7 35 department of natural resources.
8 1 The bill amends the definition of snowmobile in Code
8 2 section 321G.1 to exclude all=terrain vehicles which have been
8 3 altered or equipped with skis, belt=type tracks, or treads.
8 4 The amended definition also specifies that an endless belt=
8 5 type tread on a snowmobile may not be wider than 48 inches.
8 6 The bill amends Code section 321G.4 to provide for
8 7 electronic registration of snowmobiles through county
8 8 recorders and to allow lifetime registration of snowmobiles
8 9 that are more than 30 years old for a one=time fee of $25.
8 10 The bill amends Code section 321G.8 and creates new Code
8 11 section 321G.4A, which requires a nonresident to obtain a user
8 12 permit to operate a snowmobile in this state. The permit
8 13 applies only to the snowmobile for which it is issued, is not
8 14 transferable, and is valid for the calendar year. The user
8 15 permit may be obtained from a county recorder or license
8 16 depositary for a fee of $15, plus an administrative fee
8 17 established by the natural resource commission, plus a $1
8 18 writing fee to be retained by the recorder or depositary.
8 19 User permit fees are to be deposited in the special snowmobile
8 20 fund along with snowmobile registration fees.
8 21 The bill makes a corrective amendment to Code section
8 22 321G.6 to allow for registration of a snowmobile for the
8 23 remainder of the year plus the following year in one
8 24 transaction, upon payment of a combined fee of $20 plus a
8 25 writing fee.
8 26 Code section 321G.6 is also amended to require the
8 27 department to develop and maintain an electronic system for
8 28 renewal of snowmobile registrations by license agents.
8 29 Electronic registration renewals could be issued by county
8 30 recorders or license agents for the annual fee of $15, plus an
8 31 administrative fee to be established by the natural resource
8 32 commission, plus a $1 writing fee.
8 33 The bill amends Code section 321G.13 by expanding the
8 34 description of the types of public areas that are off=limits
8 35 for snowmobile operators.
9 1 The bill revises penalties for certain violations by
9 2 snowmobile operators. For a violation of registration or user
9 3 permit requirements in Code section 321G.3, the scheduled fine
9 4 is increased from $20 to $50. For a violation of operating
9 5 restrictions on highways in Code section 321G.9, the scheduled
9 6 fine is increased from $20 to $50. For unlawful operation
9 7 violations under Code section 321G.13, other than operating
9 8 while intoxicated and headlight and taillight violations, and
9 9 for disregarding a peace officer's signal to stop or eluding a
9 10 peace officer under Code section 321G.17, the penalty is
9 11 changed from a simple misdemeanor to a simple misdemeanor
9 12 punishable as a scheduled violation, subject to a $100 fine.
9 13 The bill provides that an owner or operator who permits a
9 14 person under 12 years of age to operate a snowmobile or a
9 15 person under 12 years of age who unlawfully operates a
9 16 snowmobile under Code section 321G.20 commits a simple
9 17 misdemeanor subject to a scheduled fine of $50.
9 18 LSB 2757HC 81
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