Bill Text: IA SF2300 | 2013-2014 | 85th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to the regulation of snowmobiles, and making penalties applicable. (Formerly SSB 3179.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2014-03-05 - Subcommittee, Highfill, Lundby, and Shaw. H.J. 448. [SF2300 Detail]

Download: Iowa-2013-SF2300-Introduced.html
Senate File 2300 - Introduced SENATE FILE 2300 BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SSB 3179) A BILL FOR An Act relating to the regulation of snowmobiles, and making 1 penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6088SV (3) 85 dea/nh
S.F. 2300 Section 1. Section 321G.3, Code 2014, is amended to read as 1 follows: 2 321G.3 Registration Resident registration and user permit 3 required —— farm exemption —— penalties. 4 1. Each snowmobile used by a resident on public land, 5 public ice, or a designated snowmobile trail of this state 6 shall be currently registered in this state pursuant to section 7 321G.4 . A person resident shall not operate, maintain, or give 8 permission for the operation or maintenance of a snowmobile 9 on public land, public ice, or a designated snowmobile trail 10 unless the snowmobile is registered in accordance with this 11 chapter or applicable federal laws or in accordance with an 12 approved numbering system of another state and the evidence 13 of registration is in full force and effect . A The owner 14 of a snowmobile must also be issued obtain a user permit in 15 accordance with this chapter section 321G.4A . 16 2. The owner of a snowmobile that is exempt from regular 17 registration under section 321G.8, subsection 2, for which a 18 certificate of title has been issued, shall apply for a special 19 farm registration certificate which shall be issued without 20 payment of a registration fee, upon payment of a writing fee 21 as provided in section 321G.27 and an administrative fee 22 established by the commission. A registration decal shall not 23 be issued for the snowmobile and the special farm registration 24 shall not expire so long as the snowmobile remains exempt from 25 regular registration. 26 2. 3. A violation of subsection 1 is punishable as a 27 scheduled violation under section 805.8B, subsection 2 , 28 paragraph “a” . When the scheduled fine is paid, the violator 29 shall submit proof to the department that a valid registration 30 and user permit have been obtained by providing a copy of the 31 registration and user permit to the department within thirty 32 days of the date the fine is paid. A person who violates this 33 subsection is guilty of a simple misdemeanor. 34 Sec. 2. Section 321G.4, subsection 4, Code 2014, is amended 35 -1- LSB 6088SV (3) 85 dea/nh 1/ 5
S.F. 2300 to read as follows: 1 4. Notwithstanding subsections 1 and 2 , a snowmobile that 2 is more than thirty years old manufactured prior to 1984 may 3 be registered as an antique snowmobile for a one-time fee 4 of twenty-five dollars, which shall exempt the owner from 5 annual registration and fee requirements for that snowmobile. 6 However, if ownership of such a an antique snowmobile is 7 transferred, the new owner shall register the snowmobile and 8 pay the one-time fee as required under this subsection . A 9 snowmobile may be registered under this section with only a 10 signed bill of sale as evidence of ownership. 11 Sec. 3. NEW SECTION . 321G.4B Nonresident requirements —— 12 penalties. 13 1. A nonresident wishing to operate a snowmobile on public 14 land, public ice, or a designated snowmobile trail of this 15 state shall obtain a user permit in accordance with section 16 321G.4A. In addition to obtaining a user permit, a nonresident 17 shall display a current registration decal or other evidence 18 of registration or numbering required by the owner’s state of 19 residence unless the owner resides in a state that does not 20 register or number snowmobiles. 21 2. A violation of subsection 1 is punishable as a scheduled 22 violation under section 805.8B, subsection 2, paragraph “a” . 23 When the scheduled fine is paid, the violator shall submit 24 proof to the department that a user permit has been obtained 25 and provide evidence of registration or numbering as required 26 by the owner’s state of residence, if applicable, to the 27 department within thirty days of the date the fine is paid. 28 A person who violates this section is guilty of a simple 29 misdemeanor. 30 Sec. 4. Section 321G.8, subsection 2, Code 2014, is amended 31 to read as follows: 32 2. Snowmobiles used exclusively as farm implements , except 33 as provided in section 321G.3, subsection 2 . 34 Sec. 5. Section 321G.20, Code 2014, is amended by striking 35 -2- LSB 6088SV (3) 85 dea/nh 2/ 5
S.F. 2300 the section and inserting in lieu thereof the following: 1 321G.20 Operation by persons under sixteen. 2 A person under sixteen years of age shall not operate a 3 snowmobile on a designated snowmobile trail, public land, or 4 public ice unless the operation is under the direct supervision 5 of a parent, legal guardian, or another person of at least 6 eighteen years of age authorized by the parent or guardian, 7 who is experienced in snowmobile operation and who possesses 8 a valid driver’s license, as defined in section 321.1, or an 9 education certificate issued under this chapter. 10 Sec. 6. Section 321G.24, subsection 1, Code 2014, is amended 11 to read as follows: 12 1. A person under eighteen twelve through seventeen years 13 of age shall not operate a snowmobile on public land, public 14 ice, a designated snowmobile trail, or land purchased with 15 snowmobile registration funds in this state without obtaining a 16 valid an education certificate approved by the department and 17 having the certificate in the person’s possession, unless the 18 person is accompanied on the same snowmobile by a responsible 19 person of at least eighteen years of age who is experienced in 20 snowmobile operation and possesses a valid driver’s license, as 21 defined in section 321.1 , or an education certificate issued 22 under this chapter . 23 Sec. 7. Section 805.8B, subsection 2, paragraph a, Code 24 2014, is amended to read as follows: 25 a. For registration or user permit violations under section 26 321G.3, subsection 1 , or section 321G.4B, the scheduled fine 27 is fifty dollars. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill contains provisions relating to the registration 32 and operation of snowmobiles. 33 The bill separates requirements for residents from 34 requirements for nonresidents. Pursuant to current law, the 35 -3- LSB 6088SV (3) 85 dea/nh 3/ 5
S.F. 2300 owner of a snowmobile who is a resident of this state is 1 required to register the snowmobile and obtain a user permit. 2 That requirement is retained in Code section 321G.3. In 3 addition, that Code section is amended to provide for the 4 issuance of a special farm registration certificate for a 5 snowmobile that is exempt from registration but is titled. 6 The applicant for the special farm registration certificate 7 is required to pay a writing fee and an administrative fee, 8 but not a registration fee. The special farm registration is 9 nonexpiring, so long as the snowmobile retains the exemption 10 from regular registration. 11 The bill moves current requirements and penalty provisions 12 for nonresidents into new Code section 321G.4B. A nonresident 13 who operates a snowmobile on public land, public ice, or a 14 designated snowmobile trail in this state must obtain a user 15 permit in this state. In addition, a nonresident must display 16 a current registration decal or other evidence of registration 17 or numbering required by the owner’s state of residence, if 18 required by that state. 19 Pursuant to current law, the penalty for a violation of 20 registration or user permit requirements by a resident or a 21 nonresident is punishable by a scheduled fine of $50. Within 22 30 days after payment of the fine, a resident or nonresident 23 must submit proof that a user permit and registration, 24 if applicable, have been obtained. A violation of that 25 requirement is a simple misdemeanor. 26 The bill provides that a snowmobile manufactured prior 27 to 1984 may be registered as an antique snowmobile for a 28 one-time fee of $25, which provides an exemption from annual 29 registration and fee requirements for that snowmobile. Current 30 law allows the one-time fee registration for snowmobiles that 31 are more than 30 years old. If ownership of the snowmobile is 32 transferred, the new owner must register the snowmobile and pay 33 the one-time fee as required under this subsection. The bill 34 also provides that an antique snowmobile may be registered with 35 -4- LSB 6088SV (3) 85 dea/nh 4/ 5
S.F. 2300 only a signed bill of sale as evidence of ownership. 1 Currently, a person under 12 years of age is not permitted 2 to operate a snowmobile on a designated snowmobile trail, 3 public land, or public ice unless accompanied on the same 4 snowmobile by a responsible person who is at least 18 years of 5 age, is experienced in snowmobile operation, and possesses a 6 valid driver’s license or a snowmobile education certificate. 7 A person age 12 through 15 must have a snowmobile education 8 certificate and be under the direct supervision of a parent, 9 guardian, or another adult authorized by the parent or guardian 10 who is experienced in snowmobile operation and possesses a 11 valid driver’s license or a snowmobile education certificate. 12 The bill eliminates the requirement that a person under 12 13 years of age be accompanied on the same snowmobile, and amends 14 the direct supervision requirement to apply to every person 15 under 16 years of age. 16 Current law prohibits a person under 18 years of age but 17 over the age of 15 from operating a snowmobile on or across a 18 public highway without a snowmobile education certificate in 19 the person’s possession. That provision is stricken, but the 20 bill retains the current requirement that every person age 12 21 through 17 have an education certificate in order to operate a 22 snowmobile on a designated trail, public land, or public ice 23 unless the person is accompanied on the same snowmobile by a 24 responsible person at least 18 years of age who is experienced 25 in snowmobile operation and possesses a valid driver’s license 26 or a snowmobile education certificate. 27 The bill makes a conforming amendment to Code section 805.8B 28 to reflect the new location of the penalty provision for 29 nonresidents. 30 -5- LSB 6088SV (3) 85 dea/nh 5/ 5
feedback