Bill Text: IA HF537 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to snowmobile user permits and registration fees. (Formerly HSB 176)(See HF 628.)

Sponsorship: Committee Bill

Status: (Introduced - Dead) 2017-04-12 - Withdrawn. H.J. 995. [HF537 Detail]

Download: Iowa-2017-HF537-Introduced.html

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House File 537 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON NATURAL
                                     RESOURCES

                                 (SUCCESSOR TO HSB 176)

                                      A BILL FOR

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



  1  1    Section 1.  Section 321G.2, subsection 1, paragraph h, Code
  1  2 2017, is amended by striking the paragraph.
  1  3    Sec. 2.  Section 321G.3, Code 2017, is amended to read as
  1  4 follows:
  1  5    321G.3  Registration and user permit required == penalties.
  1  6    1.  Each snowmobile used by a resident on public land, public
  1  7 ice, or a designated snowmobile trail of this state shall be
  1  8 currently registered in this state pursuant to section 321G.4.
  1  9 A resident shall not operate, maintain, or give permission
  1 10 for the operation or maintenance of a snowmobile on public
  1 11 land, public ice, or a designated snowmobile trail unless the
  1 12 snowmobile is registered in accordance with this chapter.
  1 13 The owner of a snowmobile must also obtain a user permit in
  1 14 accordance with section 321G.4A.
  1 15   2.  A violation of subsection 1 is punishable as a
  1 16 scheduled violation under section 805.8B, subsection 2,
  1 17 paragraph "a". When the scheduled fine is paid, the violator
  1 18 shall submit proof to the department that a valid registration
  1 19 and user permit have has been obtained by providing a copy
  1 20 of the registration and user permit to the department within
  1 21 thirty days of the date the fine is paid. A person who violates
  1 22 this subsection is guilty of a simple misdemeanor.
  1 23    Sec. 3.  Section 321G.4, subsection 2, Code 2017, is amended
  1 24 to read as follows:
  1 25    2.  The owner of the snowmobile shall file an application for
  1 26 registration with the department through the county recorder
  1 27 of the county of residence in the manner established by the
  1 28 commission. The application shall be completed by the owner
  1 29 and shall be accompanied by a fee of fifteen thirty dollars and
  1 30 a writing fee as provided in section 321G.27. A snowmobile
  1 31 shall not be registered by the county recorder until the
  1 32 county recorder is presented with receipts, bills of sale,
  1 33 or other satisfactory evidence that the sales or use tax has
  1 34 been paid for the purchase of the snowmobile or that the
  1 35 owner is exempt from paying the tax. A snowmobile that has
  2  1 an expired registration certificate from another state may be
  2  2 registered in this state upon proper application, payment of
  2  3 all applicable registration and writing fees, and payment of a
  2  4 penalty of five dollars.
  2  5    Sec. 4.  Section 321G.4B, Code 2017, is amended to read as
  2  6 follows:
  2  7    321G.4B  Nonresident requirements == penalties.
  2  8    1.  A nonresident wishing to operate a snowmobile on public
  2  9 land, public ice, or a designated snowmobile trail of this
  2 10 state shall obtain a user permit in accordance with section
  2 11 321G.4A.  In addition to obtaining a user permit, a nonresident
  2 12 shall display a current registration decal or other evidence
  2 13 of registration or numbering required by the owner's state of
  2 14 residence unless the owner resides in a state that does not
  2 15 register or number snowmobiles.
  2 16    2.  A violation of subsection 1 is punishable as a scheduled
  2 17 violation under section 805.8B, subsection 2, paragraph "a".
  2 18 When the scheduled fine is paid, the violator shall submit
  2 19 proof to the department that a user permit has been obtained
  2 20 and provide evidence of registration or numbering as required
  2 21 by the owner's state of residence, if applicable, to the
  2 22 department within thirty days of the date the fine is paid.
  2 23 A person who violates this section is guilty of a simple
  2 24 misdemeanor.
  2 25    Sec. 5.  Section 321G.5, Code 2017, is amended to read as
  2 26 follows:
  2 27    321G.5  Display of registration and user permit decals decal.
  2 28    The owner of a snowmobile shall display the registration
  2 29 decal and user permit decal on the snowmobile in the manner
  2 30 prescribed by the rules of the commission.
  2 31    Sec. 6.  Section 321G.6, subsections 1 and 4, Code 2017, are
  2 32 amended to read as follows:
  2 33    1.  Every snowmobile registration certificate and
  2 34 registration decal issued expires at midnight December 31
  2 35 unless sooner terminated or discontinued in accordance with
  3  1 this chapter or rules of the commission. After the first
  3  2 day of September each year, an unregistered snowmobile
  3  3 may be registered and a registration may be renewed in one
  3  4 transaction. The fee is five dollars for the remainder of the
  3  5 current year, in addition to the registration fee of fifteen
  3  6  thirty dollars for the subsequent year beginning January 1, and
  3  7 a writing fee as provided in section 321G.27.
  3  8    4.  A county recorder or a license agent designated by the
  3  9 director pursuant to section 483A.11 may issue snowmobile
  3 10 registration renewals electronically pursuant to rules adopted
  3 11 by the commission. The fee for a registration renewal issued
  3 12 using an electronic system is fifteen thirty dollars plus an
  3 13 administrative fee established by the commission and a writing
  3 14 fee as provided in section 321G.27.
  3 15    Sec. 7.  Section 321G.7, subsection 2, Code 2017, is amended
  3 16 to read as follows:
  3 17    2.  The department shall remit the fees, including user
  3 18 permit fees collected pursuant to section 321G.4A, to the
  3 19 treasurer of state, who shall place the money in a special
  3 20 snowmobile fund. The money is appropriated to the department
  3 21 for the snowmobile programs of the state. The programs shall
  3 22 include grants, subgrants, contracts, or cost=sharing of
  3 23 snowmobile programs with political subdivisions or incorporated
  3 24 private organizations or both in accordance with rules adopted
  3 25 by the commission. Snowmobile fees may be used to support
  3 26 snowmobile programs on a usage basis. At least fifty eighty
  3 27  percent of the special fund shall be available for political
  3 28 subdivisions or incorporated private organizations or both.
  3 29 Moneys from the special fund not used by the political
  3 30 subdivisions or incorporated private organizations or both
  3 31 shall remain in the fund and may be used by the department for
  3 32 the administration of the snowmobile programs purchase of trail
  3 33 grooming equipment. Notwithstanding section 8.33, moneys in
  3 34 the special fund shall not revert to the general fund of the
  3 35 state at the end of a fiscal year. Notwithstanding section
  4  1 12C.7, subsection 2, interest or earnings on moneys in the
  4  2 special fund shall remain in the fund.
  4  3    Sec. 8.  Section 321G.8, Code 2017, is amended to read as
  4  4 follows:
  4  5    321G.8  Exempt vehicles.
  4  6    Registration and user permits shall not be required for the
  4  7 following described snowmobiles:
  4  8    1.  Snowmobiles owned by the United States, this state, or
  4  9 another state, or by a governmental subdivision thereof, and
  4 10 used for enforcement, search and rescue, or official research
  4 11 and studies, but not for recreational or commercial purposes.
  4 12    2.  Snowmobiles used exclusively as farm implements.
  4 13    3.  Snowmobiles registered with an approved sponsored
  4 14 snowmobile special event.
  4 15    Sec. 9.  Section 321G.27, subsection 1, paragraph b, Code
  4 16 2017, is amended by striking the paragraph.
  4 17    Sec. 10.  Section 321G.27, subsection 2, Code 2017, is
  4 18 amended to read as follows:
  4 19    2.  a.  A license agent shall collect a writing fee of
  4 20 one dollar for a snowmobile registration or for renewal of a
  4 21 registration by the license agent.
  4 22    b.  A license agent shall retain a writing fee of one dollar
  4 23 from the sale of each user permit issued by the license agent.
  4 24    Sec. 11.  Section 321G.34, subsection 5, Code 2017, is
  4 25 amended to read as follows:
  4 26    5.  a.  Upon the conviction of a person of any violation of
  4 27 this chapter or a rule adopted under this chapter, the court,
  4 28 as a part of the judgment, may suspend or revoke one or more
  4 29 snowmobile registration or user permit privileges of the person
  4 30 for any definite period.
  4 31    b.  The court shall revoke all of the person's snowmobile
  4 32 registrations or user permits and suspend the privilege of
  4 33 procuring a registration or user permit for a period of one
  4 34 year for any person who has been convicted twice within one
  4 35 year of trespassing while operating a snowmobile. A person
  5  1 shall not be issued a registration or user permit during the
  5  2 period of suspension or revocation.
  5  3    Sec. 12.  Section 331.602, subsection 16, Code 2017, is
  5  4 amended to read as follows:
  5  5    16.  Issue snowmobile and all=terrain vehicle registrations
  5  6 and user permits as provided in sections 321G.4, 321G.4A,
  5  7  321G.6, 321G.21, 321I.4, 321I.5, 321I.7, and 321I.22.
  5  8    Sec. 13.  Section 331.605, subsection 1, paragraph d, Code
  5  9 2017, is amended to read as follows:
  5 10    d.  For the issuance of snowmobile registrations and user
  5 11 permits, the fees specified in sections section 321G.4 and
  5 12 321G.4A.
  5 13    Sec. 14.  REPEAL.  Section 321G.4A, Code 2017, is repealed.
  5 14                           EXPLANATION
  5 15 The inclusion of this explanation does not constitute agreement with
  5 16 the explanation's substance by the members of the general assembly.
  5 17    This bill relates to snowmobile user permits and
  5 18 registration fees.  The bill eliminates a requirement that
  5 19 a snowmobile operator must obtain a user permit from the
  5 20 department of natural resources to operate a snowmobile on
  5 21 public land, public ice, or a designated snowmobile trail of
  5 22 the state.  Code section 321G.4A, concerning the issuance
  5 23 of user permits and user permit fees, is repealed and
  5 24 cross=references to the repealed Code section are stricken.
  5 25 References to user permits are also stricken.
  5 26    The bill raises the annual registration fee for a snowmobile
  5 27 from $15 to $30.  The bill also provides that 80 percent
  5 28 instead of 50 percent of the fees in the special snowmobile
  5 29 fund shall be available for the use of political subdivisions
  5 30 or incorporated private organizations or both.  The bill
  5 31 provides that moneys not used by those entities remain in the
  5 32 fund and may be used by the department of natural resources
  5 33 for the purchase of trail grooming equipment, instead of for
  5 34 administration of snowmobile programs.
  5 35    The bill adds an exemption from registration requirements
  6  1 for snowmobiles that are registered with an approved sponsored
  6  2 snowmobile special event.
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