Iowa-2017-HSB176-Introduced

H.F. _____ Section 1. Section 321G.2, subsection 1, paragraph h, Code 1 2017, is amended by striking the paragraph. 2 Sec. 2. Section 321G.3, Code 2017, is amended to read as 3 follows: 4 321G.3 Registration and user permit required —— penalties. 5 1. Each snowmobile used by a resident on public land, public 6 ice, or a designated snowmobile trail of this state shall be 7 currently registered in this state pursuant to section 321G.4 . 8 A resident shall not operate, maintain, or give permission 9 for the operation or maintenance of a snowmobile on public 10 land, public ice, or a designated snowmobile trail unless the 11 snowmobile is registered in accordance with this chapter . 12 The owner of a snowmobile must also obtain a user permit in 13 accordance with section 321G.4A . 14 2. A violation of subsection 1 is punishable as a 15 scheduled violation under section 805.8B, subsection 2 , 16 paragraph “a” . When the scheduled fine is paid, the violator 17 shall submit proof to the department that a valid registration 18 and user permit have has been obtained by providing a copy 19 of the registration and user permit to the department within 20 thirty days of the date the fine is paid. A person who violates 21 this subsection is guilty of a simple misdemeanor. 22 Sec. 3. Section 321G.4, subsection 2, Code 2017, is amended 23 to read as follows: 24 2. The owner of the snowmobile shall file an application for 25 registration with the department through the county recorder 26 of the county of residence in the manner established by the 27 commission. The application shall be completed by the owner 28 and shall be accompanied by a fee of fifteen thirty dollars and 29 a writing fee as provided in section 321G.27 . A snowmobile 30 shall not be registered by the county recorder until the 31 county recorder is presented with receipts, bills of sale, 32 or other satisfactory evidence that the sales or use tax has 33 been paid for the purchase of the snowmobile or that the 34 owner is exempt from paying the tax. A snowmobile that has 35 -1- LSB 2329YC (4) 87 av/nh 1/ 6

H.F. _____ an expired registration certificate from another state may be 1 registered in this state upon proper application, payment of 2 all applicable registration and writing fees, and payment of a 3 penalty of five dollars. 4 Sec. 4. Section 321G.4B, Code 2017, is amended to read as 5 follows: 6 321G.4B Nonresident requirements —— penalties. 7 1. A nonresident wishing to operate a snowmobile on public 8 land, public ice, or a designated snowmobile trail of this 9 state shall obtain a user permit in accordance with section 10 321G.4A . In addition to obtaining a user permit, a nonresident 11 shall display a current registration decal or other evidence 12 of registration or numbering required by the owner’s state of 13 residence unless the owner resides in a state that does not 14 register or number snowmobiles. 15 2. A violation of subsection 1 is punishable as a scheduled 16 violation under section 805.8B, subsection 2 , paragraph “a” . 17 When the scheduled fine is paid, the violator shall submit 18 proof to the department that a user permit has been obtained 19 and provide evidence of registration or numbering as required 20 by the owner’s state of residence, if applicable, to the 21 department within thirty days of the date the fine is paid. 22 A person who violates this section is guilty of a simple 23 misdemeanor. 24 Sec. 5. Section 321G.5, Code 2017, is amended to read as 25 follows: 26 321G.5 Display of registration and user permit decals decal . 27 The owner of a snowmobile shall display the registration 28 decal and user permit decal on the snowmobile in the manner 29 prescribed by the rules of the commission. 30 Sec. 6. Section 321G.6, subsections 1 and 4, Code 2017, are 31 amended to read as follows: 32 1. Every snowmobile registration certificate and 33 registration decal issued expires at midnight December 31 34 unless sooner terminated or discontinued in accordance with 35 -2- LSB 2329YC (4) 87 av/nh 2/ 6

H.F. _____ this chapter or rules of the commission. After the first 1 day of September each year, an unregistered snowmobile 2 may be registered and a registration may be renewed in one 3 transaction. The fee is five dollars for the remainder of the 4 current year, in addition to the registration fee of fifteen 5 thirty dollars for the subsequent year beginning January 1, and 6 a writing fee as provided in section 321G.27 . 7 4. A county recorder or a license agent designated by the 8 director pursuant to section 483A.11 may issue snowmobile 9 registration renewals electronically pursuant to rules adopted 10 by the commission. The fee for a registration renewal issued 11 using an electronic system is fifteen thirty dollars plus an 12 administrative fee established by the commission and a writing 13 fee as provided in section 321G.27 . 14 Sec. 7. Section 321G.7, subsection 2, Code 2017, is amended 15 to read as follows: 16 2. The department shall remit the fees , including user 17 permit fees collected pursuant to section 321G.4A , to the 18 treasurer of state, who shall place the money in a special 19 snowmobile fund. The money is appropriated to the department 20 for the snowmobile programs of the state. The programs shall 21 include grants, subgrants, contracts, or cost-sharing of 22 snowmobile programs with political subdivisions or incorporated 23 private organizations or both in accordance with rules adopted 24 by the commission. Snowmobile fees may be used to support 25 snowmobile programs on a usage basis. At least fifty eighty 26 percent of the special fund shall be available for political 27 subdivisions or incorporated private organizations or both. 28 Moneys from the special fund not used by the political 29 subdivisions or incorporated private organizations or both 30 shall remain in the fund and may be used by the department for 31 the administration of the snowmobile programs purchase of trail 32 grooming equipment . Notwithstanding section 8.33 , moneys in 33 the special fund shall not revert to the general fund of the 34 state at the end of a fiscal year. Notwithstanding section 35 -3- LSB 2329YC (4) 87 av/nh 3/ 6

H.F. _____ 12C.7, subsection 2 , interest or earnings on moneys in the 1 special fund shall remain in the fund. 2 Sec. 8. Section 321G.8, Code 2017, is amended to read as 3 follows: 4 321G.8 Exempt vehicles. 5 Registration and user permits shall not be required for the 6 following described snowmobiles: 7 1. Snowmobiles owned by the United States, this state, or 8 another state, or by a governmental subdivision thereof, and 9 used for enforcement, search and rescue, or official research 10 and studies, but not for recreational or commercial purposes. 11 2. Snowmobiles used exclusively as farm implements. 12 3. Snowmobiles registered with an approved sponsored 13 snowmobile special event. 14 Sec. 9. Section 321G.27, subsection 1, paragraph b, Code 15 2017, is amended by striking the paragraph. 16 Sec. 10. Section 321G.27, subsection 2, Code 2017, is 17 amended to read as follows: 18 2. a. A license agent shall collect a writing fee of 19 one dollar for a snowmobile registration or for renewal of a 20 registration by the license agent. 21 b. A license agent shall retain a writing fee of one dollar 22 from the sale of each user permit issued by the license agent. 23 Sec. 11. Section 321G.34, subsection 5, Code 2017, is 24 amended to read as follows: 25 5. a. Upon the conviction of a person of any violation of 26 this chapter or a rule adopted under this chapter , the court, 27 as a part of the judgment, may suspend or revoke one or more 28 snowmobile registration or user permit privileges of the person 29 for any definite period. 30 b. The court shall revoke all of the person’s snowmobile 31 registrations or user permits and suspend the privilege of 32 procuring a registration or user permit for a period of one 33 year for any person who has been convicted twice within one 34 year of trespassing while operating a snowmobile. A person 35 -4- LSB 2329YC (4) 87 av/nh 4/ 6

H.F. _____ shall not be issued a registration or user permit during the 1 period of suspension or revocation. 2 Sec. 12. Section 331.602, subsection 16, Code 2017, is 3 amended to read as follows: 4 16. Issue snowmobile and all-terrain vehicle registrations 5 and user permits as provided in sections 321G.4 , 321G.4A , 6 321G.6 , 321G.21 , 321I.4 , 321I.5 , 321I.7 , and 321I.22 . 7 Sec. 13. Section 331.605, subsection 1, paragraph d, Code 8 2017, is amended to read as follows: 9 d. For the issuance of snowmobile registrations and user 10 permits , the fees specified in sections section 321G.4 and 11 321G.4A . 12 Sec. 14. REPEAL. Section 321G.4A, Code 2017, is repealed. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to snowmobile user permits and 17 registration fees. The bill eliminates a requirement that 18 a snowmobile operator must obtain a user permit from the 19 department of natural resources to operate a snowmobile on 20 public land, public ice, or a designated snowmobile trail of 21 the state. Code section 321G.4A, concerning the issuance 22 of user permits and user permit fees, is repealed and 23 cross-references to the repealed Code section are stricken. 24 References to user permits are also stricken. 25 The bill raises the annual registration fee for a snowmobile 26 from $15 to $30. The bill also provides that 80 percent 27 instead of 50 percent of the fees in the special snowmobile 28 fund shall be available for the use of political subdivisions 29 or incorporated private organizations or both. The bill 30 provides that moneys not used by those entities remain in the 31 fund and may be used by the department of natural resources 32 for the purchase of trail grooming equipment, instead of for 33 administration of snowmobile programs. 34 The bill adds an exemption from registration requirements 35 -5- LSB 2329YC (4) 87 av/nh 5/ 6