Senate Study Bill 3067 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT BILL BY CHAIRPERSON SWEENEY) A BILL FOR An Act relating to snowmobile registrations and nonresident 1 user permits, providing fees, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5619XC (3) 90 th/ns
S.F. _____ Section 1. Section 321G.2, subsection 1, paragraph h, Code 1 2024, is amended to read as follows: 2 h. Issuance of annual nonresident user permits and 3 establishment of administrative fees for issuance of the 4 permits. 5 Sec. 2. Section 321G.3, Code 2024, is amended to read as 6 follows: 7 321G.3 Registration and user permit required for residents 8 penalties. 9 1. Each snowmobile used by a resident on public land, public 10 ice, or a designated snowmobile trail of this state shall be 11 currently registered in this state pursuant to section 321G.4 . 12 A resident shall not operate, maintain, or give permission 13 for the operation or maintenance of a snowmobile on public 14 land, public ice, or a designated snowmobile trail unless the 15 snowmobile is registered in accordance with this chapter . 16 The owner of a snowmobile must also obtain a user permit in 17 accordance with section 321G.4A . 18 2. A violation of subsection 1 is punishable as a 19 scheduled violation under section 805.8B, subsection 2 , 20 paragraph a . When the scheduled fine is paid, the The 21 violator shall submit proof to the department that a valid 22 registration and user permit have has been obtained by 23 providing a copy of the registration and user permit to the 24 department within thirty days of the date the fine is paid. 25 A person who violates this subsection is guilty of a simple 26 misdemeanor. 27 Sec. 3. Section 321G.4, subsection 2, paragraph a, Code 28 2024, is amended to read as follows: 29 a. The owner of the snowmobile shall file an application for 30 registration with the department through the county recorder 31 of the county of residence in the manner established by the 32 commission. The application shall be completed by the owner 33 and shall be accompanied by a fee of fifteen thirty dollars and 34 a writing fee as provided in accordance with section 321G.27 . 35 -1- LSB 5619XC (3) 90 th/ns 1/ 7
S.F. _____ A snowmobile shall not be registered by the county recorder 1 until the county recorder is presented with receipts, bills of 2 sale, or other satisfactory evidence that the sales or use tax 3 has been paid for the purchase of the snowmobile or that the 4 owner is exempt from paying the tax. A snowmobile that has 5 an expired registration certificate from another state may be 6 registered in this state upon proper application, payment of 7 all applicable registration and writing fees, and payment of a 8 penalty of five dollars. 9 Sec. 4. Section 321G.4B, Code 2024, is amended to read as 10 follows: 11 321G.4B Nonresident requirements fees penalties. 12 1. A nonresident wishing to operate a snowmobile on public 13 land, public ice, or a designated snowmobile trail of this 14 state shall obtain a nonresident user permit in accordance 15 with section 321G.4A from the department . A nonresident user 16 permit issued by the department is only valid for use on one 17 snowmobile, is not transferable, and is valid for the calendar 18 year, unless a different time period is specified in the 19 permit. In addition to obtaining a nonresident user permit, a 20 nonresident shall display a current registration decal or other 21 evidence of registration or numbering required by the owners 22 state of residence unless the owner resides in a state that 23 does not register or number snowmobiles. 24 2. A violation of subsection 1 is punishable as a scheduled 25 violation under section 805.8B, subsection 2 , paragraph a . 26 When the scheduled fine is paid, the The violator shall submit 27 proof to the department that a nonresident user permit has been 28 obtained and provide evidence of registration or numbering as 29 required by the owners state of residence, if applicable, to 30 the department within thirty days of the date the fine is paid. 31 A person who violates this section subsection is guilty of a 32 simple misdemeanor. 33 3. A county recorder or a license agent designated by the 34 director pursuant to section 483A.11 may issue nonresident 35 -2- LSB 5619XC (3) 90 th/ns 2/ 7
S.F. _____ user permits. The fee for a nonresident user permit is 1 fifteen dollars plus an administrative fee established by the 2 commission. A county recorder or a license agent shall retain 3 a writing fee from the sale of each nonresident user permit in 4 accordance with section 321G.27. 5 Sec. 5. Section 321G.5, Code 2024, is amended to read as 6 follows: 7 321G.5 Display of registration and nonresident user permit 8 decals. 9 The owner of a snowmobile shall display the registration 10 decal and , if applicable, the nonresident user permit decal on 11 the snowmobile in the manner prescribed by the rules of the 12 commission. 13 Sec. 6. Section 321G.6, subsections 1 and 4, Code 2024, are 14 amended to read as follows: 15 1. Every snowmobile registration certificate and 16 registration decal issued expires at midnight December 31 17 unless sooner terminated or discontinued in accordance with 18 this chapter or rules of the commission. After the first day 19 of September each year, an unregistered snowmobile may be 20 registered and a registration may be renewed , as applicable, 21 in one transaction. The fee is five dollars for the remainder 22 of the current year, in addition to the registration fee of 23 fifteen thirty dollars for the subsequent year beginning 24 January 1, and a writing fee as provided in section 321G.27 . 25 4. A county recorder or a license agent designated by the 26 director pursuant to section 483A.11 may issue snowmobile 27 registration renewals electronically pursuant to rules adopted 28 by the commission. The fee for a registration renewal issued 29 using an electronic system is fifteen thirty dollars plus an 30 administrative fee established by the commission and a writing 31 fee as provided in section 321G.27 . 32 Sec. 7. Section 321G.7, subsection 2, Code 2024, is amended 33 to read as follows: 34 2. The department shall remit the fees, including 35 -3- LSB 5619XC (3) 90 th/ns 3/ 7
S.F. _____ nonresident user permit fees collected pursuant to section 1 321G.4A 321G.4B , to the treasurer of state, who shall place the 2 money in a special snowmobile fund. The money is appropriated 3 to the department for the snowmobile programs of the state. 4 The programs shall must include grants, subgrants, contracts, 5 or cost-sharing of snowmobile programs with political 6 subdivisions or incorporated private organizations or both, 7 which may include the purchase, ownership, and maintenance of 8 trail grooming equipment, in accordance with rules adopted 9 by the commission. Snowmobile fees may be used to support 10 snowmobile programs on a usage basis. At least seventy 11 percent of the special fund shall be available for political 12 subdivisions or incorporated private organizations , or 13 both. Moneys from the special fund not used by the political 14 subdivisions or incorporated private organizations , or both , 15 shall remain in the fund and may be used by the department for 16 the administration of the snowmobile programs. Notwithstanding 17 section 8.33 , moneys in the special fund shall not revert to 18 the general fund of the state at the end of a fiscal year. 19 Notwithstanding section 12C.7, subsection 2 , interest or 20 earnings on moneys in the special fund shall remain in the 21 fund. 22 Sec. 8. Section 321G.8, unnumbered paragraph 1, Code 2024, 23 is amended to read as follows: 24 Registration and nonresident user permits shall not be 25 required for the following described snowmobiles: 26 Sec. 9. Section 321G.27, subsection 2, paragraph b, Code 27 2024, is amended to read as follows: 28 b. A license agent shall retain a writing fee of one dollar 29 from the sale of each nonresident user permit issued by the 30 license agent. 31 Sec. 10. Section 321G.34, subsection 5, Code 2024, is 32 amended to read as follows: 33 5. a. Upon the conviction of a person of any violation of 34 this chapter or a rule adopted under this chapter , the court, 35 -4- LSB 5619XC (3) 90 th/ns 4/ 7
S.F. _____ as a part of the judgment, may suspend or revoke one or more 1 snowmobile registration or nonresident user permit privileges , 2 as applicable, of the person for any definite period. 3 b. The court shall revoke all of the persons snowmobile 4 registrations or nonresident user permits , as applicable, 5 and suspend the privilege of procuring a registration or 6 nonresident user permit for a period of one year for any person 7 who has been convicted twice within one year of trespassing 8 while operating a snowmobile. A person shall not be issued a 9 registration or nonresident user permit during the period of 10 suspension or revocation. 11 Sec. 11. Section 331.602, subsection 16, Code 2024, is 12 amended to read as follows: 13 16. Issue snowmobile and all-terrain vehicle registrations 14 and user permits as provided in sections 321G.4 , 321G.4A 15 321G.4B , 321G.6 , 321G.21 , 321I.4 , 321I.5 , 321I.7 , and 321I.22 . 16 Sec. 12. Section 331.605, subsection 1, paragraph d, Code 17 2024, is amended to read as follows: 18 d. For the issuance of snowmobile registrations and 19 nonresident user permits, the fees specified in sections 321G.4 20 and 321G.4A 321G.4B . 21 Sec. 13. Section 805.8B, subsection 2, paragraph a, Code 22 2024, is amended to read as follows: 23 a. For registration or nonresident user permit violations 24 under section 321G.3, subsection 1 , or section 321G.4B , the 25 scheduled fine is sixty-five dollars. 26 Sec. 14. REPEAL. Section 321G.4A, Code 2024, is repealed. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanations substance by the members of the general assembly. 30 Current law requires a person, in order to operate a 31 snowmobile on public land, public ice, or a designated 32 snowmobile trail, to register the snowmobile with the 33 department of natural resources (DNR) and obtain a user permit 34 from the DNR. The annual snowmobile registration fee is $15 35 -5- LSB 5619XC (3) 90 th/ns 5/ 7
S.F. _____ and the user permit fee is also $15. 1 This bill removes the user permit requirement for an Iowa 2 resident operating a snowmobile and increases the annual 3 snowmobile registration fee from $15 to $30. 4 The bill requires a person who is not an Iowa resident to 5 apply for and receive a nonresident snowmobile user permit and 6 affix a permit decal to the persons snowmobile while operating 7 the snowmobile in Iowa. The fee for a nonresident user permit 8 is $15. A nonresident is not required to register a snowmobile 9 in Iowa if the snowmobile is required to be registered and 10 is registered in the nonresidents state, and proof of the 11 registration is displayed on the snowmobile. 12 Under current law, snowmobile registration and user permit 13 fees are subject to additional writing and administrative fees 14 provided in Code chapter 321G. Fees collected by the DNR, 15 including fees remitted by county recorders and license agents, 16 are placed in a special snowmobile fund and appropriated to the 17 DNR to support snowmobile programs in Iowa. 18 In accordance with current law, a person who operates an 19 unregistered snowmobile commits a simple misdemeanor punishable 20 by a $65 scheduled fine. In addition, a person who operates 21 an unregistered snowmobile is required to submit proof to 22 the DNR that the snowmobile has subsequently been registered 23 by providing a copy of the registration. A person who 24 fails to provide the required proof within 30 days of paying 25 the scheduled fine commits a simple misdemeanor. A simple 26 misdemeanor is punishable by confinement for no more than 30 27 days and a fine of at least $105 but not more than $855. 28 The scheduled fine for a person who does not obtain a 29 user permit before operating a snowmobile is $65, and the 30 scheduled fine for operating a snowmobile without displaying 31 a registration or user permit decal is $30. The bill applies 32 these penalties to a nonresident who does not obtain a 33 nonresident user permit or display the permit, as required by 34 the bill. 35 -6- LSB 5619XC (3) 90 th/ns 6/ 7
S.F. _____ The bill makes corresponding changes but does not modify the 1 registration and user permit requirements under Code chapter 2 321I (all-terrain vehicles). 3 -7- LSB 5619XC (3) 90 th/ns 7/ 7