HSB 263 (LSB 2777YC (2) 89)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON NATURAL RESOURCES BILL BY CHAIRPERSON BACON)

A BILL FOR

An Act relating to snowmobile user permits and registration fees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321G.3, Code 2021, is amended to read as follows:
   321G.3  Registration and user permit required —— penalties.
   1.  Each snowmobile used by a resident on public land, public ice, or a designated snowmobile trail of this state shall be currently registered in this state pursuant to section 321G.4. A resident shall not operate, maintain, or give permission for the operation or maintenance of a snowmobile on public land, public ice, or a designated snowmobile trail unless the snowmobile is registered in accordance with this chapter. The owner of a snowmobile must also obtain a user permit in accordance with section 321G.4A.
   2.  A violation of subsection 1 is punishable as a scheduled violation under section 805.8B, subsection 2, paragraph “a”. When the scheduled fine is paid, the violator shall submit proof to the department that a valid registration and user permit have has been obtained by providing a copy of the registration and user permit to the department within thirty days of the date the fine is paid. A person who violates this subsection is guilty of a simple misdemeanor.
    Sec. 2.  Section 321G.4, subsection 2, paragraph a, Code 2021, is amended to read as follows:
   a.  The owner of the snowmobile shall file an application for registration with the department through the county recorder of the county of residence in the manner established by the commission. The application shall be completed by the owner and shall be accompanied by a fee of fifteen thirty dollars and a writing fee as provided in section 321G.27. A snowmobile shall not be registered by the county recorder until the county recorder is presented with receipts, bills of sale, or other satisfactory evidence that the sales or use tax has been paid for the purchase of the snowmobile or that the owner is exempt from paying the tax. A snowmobile that has an expired registration certificate from another state may be registered in this state upon proper application, payment of all applicable registration and writing fees, and payment of a penalty of five dollars.
    Sec. 3.  Section 321G.4B, Code 2021, is amended to read as follows:
   321G.4B  Nonresident requirements —— penalties.
   1.  A nonresident wishing to operate a snowmobile on public land, public ice, or a designated snowmobile trail of this state shall obtain a user permit in accordance with section 321G.4A from the department.  A user permit shall be issued for use on only one snowmobile and is not transferable. A user permit shall be valid for the calendar year or time period specified in the permit. In addition to obtaining a user permit, a nonresident shall display a current registration decal or other evidence of registration or numbering required by the owner’s state of residence unless the owner resides in a state that does not register or number snowmobiles.
   2.  A violation of subsection 1 is punishable as a scheduled violation under section 805.8B, subsection 2, paragraph “a”. When the scheduled fine is paid, the violator shall submit proof to the department that a user permit has been obtained and provide evidence of registration or numbering as required by the owner’s state of residence, if applicable, to the department within thirty days of the date the fine is paid. A person who violates this section is guilty of a simple misdemeanor. 
   3.  A county recorder or a license agent designated by the director pursuant to section 483A.11 may issue user permits. The fee for a user permit shall be fifteen dollars plus an administrative fee established by the commission. A county recorder or a license agent shall retain a writing fee from the sale of each user permit as provided in section 321G.27.
    Sec. 4.  Section 321G.5, Code 2021, is amended to read as follows:
   321G.5  Display of registration and user permit decals.
   The owner of a snowmobile shall display the registration decal and user permit decal, if applicable, on the snowmobile in the manner prescribed by the rules of the commission.
    Sec. 5.  Section 321G.6, subsections 1 and 4, Code 2021, are amended to read as follows:
   1.  Every snowmobile registration certificate and registration decal issued expires at midnight December 31 unless sooner terminated or discontinued in accordance with this chapter or rules of the commission. After the first day of September each year, an unregistered snowmobile may be registered and a registration may be renewed in one transaction. The fee is five dollars for the remainder of the current year, in addition to the registration fee of fifteen thirty dollars for the subsequent year beginning January 1, and a writing fee as provided in section 321G.27.
   4.  A county recorder or a license agent designated by the director pursuant to section 483A.11 may issue snowmobile registration renewals electronically pursuant to rules adopted by the commission. The fee for a registration renewal issued using an electronic system is fifteen thirty dollars plus an administrative fee established by the commission and a writing fee as provided in section 321G.27.
    Sec. 6.  Section 321G.7, subsection 2, Code 2021, is amended to read as follows:
   2.  The department shall remit the fees, including user permit fees collected pursuant to section 321G.4A 321G.4B, to the treasurer of state, who shall place the money in a special snowmobile fund. The money is appropriated to the department for the snowmobile programs of the state. The programs shall include grants, subgrants, contracts, or cost-sharing of snowmobile programs with political subdivisions or incorporated private organizations or both, which may include the purchase, ownership, and maintenance of trail grooming equipment, in accordance with rules adopted by the commission. Snowmobile fees may be used to support snowmobile programs on a usage basis. At least seventy percent of the special fund shall be available for political subdivisions or incorporated private organizations or both. Moneys from the special fund not used by the political subdivisions or incorporated private organizations or both shall remain in the fund and may be used by the department for the administration of the snowmobile programs. Notwithstanding section 8.33, moneys in the special fund shall not revert to the general fund of the state at the end of a fiscal year. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the special fund shall remain in the fund.
    Sec. 7.  Section 331.602, subsection 16, Code 2021, is amended to read as follows:
   16.  Issue snowmobile and all-terrain vehicle registrations and user permits as provided in sections 321G.4, 321G.4A
321G.4B, 321G.6, 321G.21, 321I.4, 321I.5, 321I.7, and 321I.22.
    Sec. 8.  Section 331.605, subsection 1, paragraph d, Code 2021, is amended to read as follows:
   d.  For the issuance of snowmobile registrations and user permits, the fees specified in sections 321G.4 and 321G.4A
321G.4B.
    Sec. 9.  REPEAL.  Section 321G.4A, Code 2021, is repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to snowmobile user permits and registration fees. The bill eliminates a requirement that a resident snowmobile operator must obtain a user permit from the department of natural resources in addition to registering the snowmobile to operate a snowmobile on public land, public ice, or a designated snowmobile trail of the state. The requirements to purchase a user permit and display registration of the snowmobile are still applicable to a nonresident snowmobile operator.
   The bill raises the annual registration fee for a snowmobile from $15 to $30.