General Assembly: 78 (1999 Regular GA) - Chapter 113 - Registration and titling of all-terrain vehicles and snowmobiles


Published: 1999-05-11

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CH.ll2 LAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION 192

b. For offenders classified as "at-risk", including "moderate-risk" or "high-risk", registry information may be provided to any criminal or juvenile justice agency and to the public which includes public and private agencies, organizations, public places, public and private schools, child care facilities, religious and youth organizations, neighbors, and employers. However, if an offender is classified as "high-risk", information may also be provided to neighborhood associations or at community meetings. Registry information may be dis- tributed to the public by printed materials, visual or audio press releases, and by a criminal or juvenile justice agency's web page. The scope of notification may include where the registrant resides, works, attends school, or frequents.

Sec. 20. Section 901.4, Code 1999, is amended to read as follows: 901.4 PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL- DISTRIBUTION. The presentence investigation report is confidential and the court shall provide safe-

guards to ensure its confidentiality, including but not limited to sealing the report, which may be opened only by further court order. At least three days prior to the date set for sentencing, the court shall serve all of the presentence investigation report upon the defendant's attorney and the attorney for the state, and the report shall remain confidential except upon court order. However, the court may conceal the identity of the person who provided confidential information. The report of a medical examination or psychological or psychiatric evaluation shall be made available to the attorney for the state and to the defen- dant upon request. The reports are part of the record but shall be sealed and opened only on order of the court. If the defendant is committed to the custody of the Iowa department of corrections and is not a class "A" felon, a copy of the presentence investigation report shall be forwarded to the director with the order of commitment by the clerk of the district court and to the board of parole at the time of commitment. The presentence investigation report may also be released by the department of corrections or a judicial district department of correctional services pursuant to section 904.602 to another jurisdiction for the purpose of providing interstate probation and parole compact services or evaluations. The defendant or the defendant's attorney may file with the presentence investigation report, a denial or refutation of the allegations, or both, contained in the report. The denial or refutation shall be included in the report. If the person is sentenced for an offense which requires registra- tion under chapter 692A, the court shall release the report to the department which is re- sponsible under section 69~A.l a 692A.13A for performing the assessment of risk.

Approved May 11, 1999

CHAPTER 113 REGISTRATION AND TITLING OF ALL-TERRAIN VEHICLES AND SNOWMOBILES

S.F. 407

AN ACT relating to title certificates for and registration of all-terrain vehicles and snowmobiles and providing for and applying penalties.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 321G.1, subsection 1, Code 1999, is amended by adding the following new unnumbered paragraph:

NEW UNNUMBERED PARAGRAPH. Two-wheeled off-road motorcycles shall be con- sidered all-terrain vehicles only for the purpose of titling and registration and not for pur- poses of regulation.

193 LAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION CH.ll3

Sec. 2. Section 321G.4, unnumbered paragraph 2, Code 1999, is amended to read as follows:

The owner of the all-terrain vehicle or snowmobile shall file an application for registra- tion with the appropriate county recorder on forms provided by the commission. The appli- cation shall be completed and signed by the owner of the all-terrain vehicle or snowmobile and shall be accompanied by a fee of twenty dollars and a writing fee. An all-terrain vehicle or 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 all-terrain vehicle or snowmobile or that the owner is exempt from paying the tax. However, an owner of an all-terrain vehicle, except an all-terrain vehicle purchased new on or after January 1, 1990, may apply for registration without proof of sales or use tax paid until one year after January 1, 1990. An all-terrain vehicle or 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.

PARAGRAPH DIVIDED. Upon receipt of the application in approved form accompanied by the required fees, the county recorder shall enter it upon the records and shall issue to the applicant a pocket-size registration certificate. The certificate shall be executed in triplicate, one copy to be delivered to the owner, one copy to the commission, and one copy to be retained on file by the county recorder. The registration certificate shall bear the number awarded to the all-terrain vehicle or snowmobile and the name and address of the owner. The registration certificate shall be carried either in the all-terrain vehicle or snowmobile or on the person of the operator of the machine when in use. The operator of an all-terrain vehicle or snowmobile shall exhibit the registration certificate to a peace officer upon re- quest, to a person injured in an accident involving an all-terrain vehicle or snowmobile, or to the owner or operator of another all-terrain vehicle or snowmobile or the owner of per- sonal or real property when the all-terrain vehicle or snowmobile is involved in a collision or accident of any nature with another all-terrain vehicle or snowmobile or the property of another person or to the property owner or tenant when the all-terrain vehicle or snowmo- bile is being operated on private property without permission from the property owner or tenant.

Sec. 3. Section 321G.6, unnumbered paragraph 6, Code 1999, is amended to read as follows:

Upon the transfer of ownership of an all-terrain vehicle or snowmobile, the owner shall complete the form on the back of a current registration certificate and shall deliver it to the purchaser or transferee at the time of delivering the all-terrain vehicle or snowmobile. If an all-terrain vehicle or snowmobile is stored by the transferor pursuant to section 321G.4 at the time of transfer. the transferor shall provide the transferee with a copy of the affidavit filed with the county recorder pursuant to section 321 G.4 at the time of delivering the all-terrain vehicle or snowmobile. The purchaser or transferee shall, within five days of transfer, file a new application form with the county recorder with a fee of one dollar and the writing fee, and a transfer of number shall be awarded in the same manner as provided in an original registration. If the purchaser or transferee does not file a new application form within five days of transfer. the transfer of number shall be awarded upon payment of all applicable fees plus a penalty of five dollars.

Sec. 4. Section 321G.29, subsections 1 and 3 through 9, Code 1999, are amended to read as follows:

1. The owner of a snowmobile acquired on or after January 1, 1998, or an all-terrain vehicle acquired on or after January 1. 2000. other than a snowmobile or all-terrain vehicle used exclusively as a farm implement, shall apply to the county recorder of the county in which the owner resides for a certificate of title for the snowmobile or all-terrain vehicle. The owner of a snowmobile or all-terrain vehicle used exclusively as a farm implement may obtain a certificate of title.

CH.ll3 LAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION 194

3. An owner of a snowmobile or all-terrain vehicle shall apply to the county recorder for issuance of a certificate of title within thirty days after acquisition. The application shall be on forms the department prescribes and accompanied by the required fee. The application shall be signed and sworn to before a notary public or other person who administers oaths, or shall include a certification signed in writing containing substantially the representa- tion that statements made are true and correct to the best of the applicant's knowledge, information, and belief, under penalty of perjury. The application shall contain the date of sale and gross price of the snowmobile or all-terrain vehicle or the fair market value if no sale immediately preceded the transfer and any additional information the department requires. If the application is made for a snowmobile or all-terrain vehicle last previously registered or titled in another state or foreign country, the application shall contain this information and any other information the department requires.

4. If a dealer buys or acquir.es a snowmobile or all-terrain vehicle for resale, the dealer shall report the acquisition to the county recorder on forms provided by the department and may apply for and obtain a certificate of title as provided in this chapter. If a dealer buys or acquires a used snowmobile or all-terrain vehicle, the dealer may apply for a certificate of title in the dealer's name within fifteen days. If a dealer buys or acquires a new snowmobile or all-terrain vehicle for resale, the dealer may apply for a certificate of title in the dealer's name.

5. A manufacturer or dealer shall not transfer ownership of a new snowmobile or new all-terrain vehicle without supplying the transferee with the manufacturer's or importer's certificate of origin signed by the manufacturer's or importer's authorized agent. The certifi- cate shall contain information the department requires. The department may adopt rules providing for the issuance of a certificate of origin for a snowmobile or all-terrain vehicle by the department upon good cause shown by the owner.

6. A dealer transferring ownership of a snowmobile or all-terrain vehicle under this chap- ter shall assign the title to the new owner, or in the case of a new snowmobile or new all- terrain vehicle, assign the certificate of origin. Within fifteen days the dealer shall forward all moneys and applications to the county recorder.

7. The county recorder shall maintain a record of any certificate of title which the county recorder issues and shall keep each certificate of title on record until the certificate of title has been inactive for five years. When issuing a title for a new snowmobile or new all-terrain vehicle, the county recorder shall obtain and keep on file the certificate of origin.

8. Once titled, a person shall not sell or transfer ownership of a snowmobile or all-terrain vehicle without delivering to the purchaser or transferee a certificate of title with an assign- ment on it showing title in the purchaser or transferee. A person shall not purchase or otherwise acquire a snowmobile or all-terrain vehicle without obtaining a certificate of title for it in that person's name.

9. The county recorder shall transmit a copy of the certificate of title to the department, which shall be the central repository of title information for snowmobiles and all-terrain vehicles.

Sec. 5. Section 321G.31, Code 1999, is amended to read as follows: 321G.31 TRANSFER OR REPOSSESSION OF SNOWMOBILE OR ALL-TERRAIN

VEHICLE BY OPERATION OF LAW. 1. If ownership of a snowmobile or all-terrain vehicle is transferred by operation of law,

such as by inheritance, order in bankruptcy, insolvency, replevin, or execution sale, the transferee, within thirty days after acquiring the right to possession of the snowmobile or all-terrain vehicle, shall mail or deliver to the county recorder satisfactory proof of owner- ship as the county recorder requires, together with an application for a new certificate of title, and the required fee.

2. If a lienholder repossesses a snowmobile or all-terrain vehicle by operation of law and holds it for resale, the lienholder shall secure a new certificate of title and shall pay the required fee.

195 LAWS OF THE SEVENTY-EIGHTH G.A., 1999 SESSION CH. 114

Sec. 6. Section 321G.32, subsection 1, unnumbered paragraph 1, Code 1999, is amended to read as follows:

A security interest created in this state in a snowmobile or all-terrain vehicle is not per- fected until the security interest is noted on the certificate of title.

Approved May 11, 1999

CHAPTER 114 SUBSTANTIVE CODE CORRECTIONS

H.F. 242

AN ACT relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities and providing effective dates and for retroactive applicability.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 12D.2, subsection 12, Code 1999, is amended to read as follows: 12. Invest moneys w#hlft from the endowment fund and the program fund in any invest-

ments which are determined by the treasurer of state to be appropriate.

Sec. 2. Section 12D.6, subsection 6, Code 1999, is amended to read as follows: 6. A participant may transfer ownership rights to another eligible partieipant individual,

including a gift of the ownership rights to a minor beneficiary. The transfer shall be made and the property distributed in accordance with rules adopted by the treasurer of state or with the terms of the participation agreement.

Sec. 3. Section 15.241, subsection 1, unnumbered paragraph 1, Code 1999, is amended to read as follows:

A "self-employment loan program account" is established within the strategic investment fund created in section 15.313 to provide funding for the self-employment loan program whieh is to be eondueted in eoordination 'Nith the job training partnership prograffi and other prograffiS adffiinistered under seetion 1 e.l 08, subseetion 6, paragraph "e". The depart- ment may contract with local community action agencies or other local entities in adminis- tering the program, and shall work with the department of workforce development and the department of human services in developing the program. The department shall cooperate with the division of vocational rehabilitation under the department of education to imple- ment a business development initiative for entrepreneurs with disabilities.

Sec. 4. Section 87.11, unnumbered paragraph 6, Code 1999, is amended to read as follows:

Financial statements provided to the commissioner of insurance pursuant to this section may be held as confidential, proprietary trade secrets, pursuant to section 22. 7, subsection 3, upon the request of the employer, subject to rules adopted by the commissioner of insurance, and are not subject to disclosure or examination under chapter 22.

Sec. 5. Section 135C.33, subsection 2, Code 1999, is amended to read as follows: 2. If the department of public safety determines that a person has committed a crime or

has a record of founded dependent adult abuse and is to be employed in a facility licensed