H.F. 248 Section 1. Section 321.1, subsection 32, Code 2017, is 1 amended to read as follows: 2 32. “Implement of husbandry” means a vehicle or special 3 mobile equipment manufactured, designed, or reconstructed 4 for agricultural purposes and, except for incidental uses, 5 exclusively used in the conduct of agricultural operations. 6 “Implements of husbandry” includes all-terrain vehicles operated 7 in compliance with section 321.234A, subsection 1 , paragraph 8 “a” , but not registered for operation upon a highway pursuant 9 to section 321.118, fence-line feeders, and vehicles used 10 exclusively for the application of organic or inorganic plant 11 food materials, organic agricultural limestone, or agricultural 12 chemicals. To be considered an implement of husbandry, a 13 self-propelled implement of husbandry must be operated at 14 speeds of thirty-five miles per hour or less. 15 a. “Reconstructed” as used in this subsection means 16 materially altered from the original construction by the 17 removal, addition, or substitution of essential parts, new or 18 used. 19 b. A vehicle covered under this subsection , if it otherwise 20 qualifies, may be operated as special mobile equipment 21 and under such circumstances this subsection shall not be 22 applicable to such vehicle, and such vehicle shall not be 23 required to comply with sections 321.384 through 321.423 , when 24 such vehicle is moved during daylight hours; however, the 25 provisions of section 321.383 shall remain applicable to such 26 vehicle. 27 Sec. 2. Section 321.1, subsection 47A, Code 2017, is amended 28 to read as follows: 29 47A. “Off-road utility vehicle” means a motorized 30 flotation-tire vehicle with not less than four and not more 31 than eight low-pressure tires that is limited in engine 32 displacement to less than one thousand five hundred cubic 33 centimeters and in total dry weight to not more than one two 34 thousand eight hundred pounds and that has a seat that is of 35 -1- LSB 1257YH (6) 87 av/nh 1/ 11

H.F. 248 bucket or bench design, not intended to be straddled by the 1 operator, and a steering wheel or control levers for control. 2 “Off-road utility vehicle” does not include dune buggies, golf 3 carts, go-carts, or minitrucks. 4 Sec. 3. Section 321.105A, subsection 2, paragraph c, Code 5 2017, is amended by adding the following new subparagraph: 6 NEW SUBPARAGRAPH . (32) An all-terrain vehicle which is 7 exempt from the sales tax pursuant to section 423.3, subsection 8 8, or for which the applicant has paid the sales tax in this 9 state or has paid to another state a state sales, use, or 10 occupational tax. 11 Sec. 4. Section 321.109, subsection 1, paragraph a, Code 12 2017, is amended to read as follows: 13 a. The annual fee for all motor vehicles including vehicles 14 designated by manufacturers as station wagons, 1993 and 15 subsequent model year multipurpose vehicles, and 2010 and 16 subsequent model year motor trucks with an unladen weight of 17 ten thousand pounds or less, except motor trucks registered 18 under section 321.122 , business-trade trucks, special trucks, 19 motor homes, motorsports recreational vehicles, ambulances, 20 hearses, all-terrain vehicles, autocycles, motorcycles, 21 motorized bicycles, and 1992 and older model year multipurpose 22 vehicles, shall be equal to one percent of the value as 23 fixed by the department plus forty cents for each one hundred 24 pounds or fraction thereof of weight of vehicle, as fixed 25 by the department. The weight of a motor vehicle, fixed by 26 the department for registration purposes, shall include the 27 weight of a battery, heater, bumpers, spare tire, and wheel. 28 Provided, however, that for any new vehicle purchased in 29 this state by a nonresident for removal to the nonresident’s 30 state of residence the purchaser may make application to the 31 county treasurer in the county of purchase for a transit plate 32 for which a fee of ten dollars shall be paid. And provided, 33 however, that for any used vehicle held by a registered dealer 34 and not currently registered in this state, or for any vehicle 35 -2- LSB 1257YH (6) 87 av/nh 2/ 11

H.F. 248 held by an individual and currently registered in this state, 1 when purchased in this state by a nonresident for removal to 2 the nonresident’s state of residence, the purchaser may make 3 application to the county treasurer in the county of purchase 4 for a transit plate for which a fee of three dollars shall 5 be paid. The county treasurer shall issue a nontransferable 6 certificate of registration for which no refund shall be 7 allowed; and the transit plates shall be void thirty days 8 after issuance. Such purchaser may apply for a certificate 9 of title by surrendering the manufacturer’s or importer’s 10 certificate or certificate of title, duly assigned as provided 11 in this chapter . In this event, the treasurer in the county 12 of purchase shall, when satisfied with the genuineness and 13 regularity of the application, and upon payment of a fee of 14 twenty dollars, issue a certificate of title in the name and 15 address of the nonresident purchaser delivering the title 16 to the owner. If there is a security interest noted on the 17 title, the county treasurer shall mail to the secured party an 18 acknowledgment of the notation of the security interest. The 19 county treasurer shall not release a security interest that 20 has been noted on a title issued to a nonresident purchaser 21 as provided in this paragraph. The application requirements 22 of section 321.20 apply to a title issued as provided in this 23 subsection , except that a natural person who applies for a 24 certificate of title shall provide either the person’s social 25 security number, passport number, or driver’s license number, 26 whether the license was issued by this state, another state, or 27 another country. The provisions of this subsection relating to 28 multipurpose vehicles are effective for all 1993 and subsequent 29 model years. The annual registration fee for multipurpose 30 vehicles that are 1992 model years and older shall be in 31 accordance with section 321.124 . 32 Sec. 5. NEW SECTION . 321.118 All-terrain vehicles. 33 1. An all-terrain vehicle designed to travel on four or 34 more wheels may be registered under this chapter for operation 35 -3- LSB 1257YH (6) 87 av/nh 3/ 11

H.F. 248 on secondary roads and on city streets where authorized, as 1 provided in this chapter, for an annual fee of fifty dollars. 2 However, all-terrain vehicles registered under this section 3 are not subject to the titling provisions of this chapter or 4 to the manufacturer’s label requirement under section 321.30, 5 subsection 2, paragraph “a” . Registration under this section 6 is in addition to the titling and registration requirements of 7 chapter 321I. An applicant for registration of an all-terrain 8 vehicle under this section shall submit, along with the 9 application, a copy of the registration certificate issued for 10 the vehicle pursuant to section 321I.4 containing a description 11 of the vehicle and identifying the applicant as the owner of 12 the vehicle. 13 2. This section shall not be construed to include 14 all-terrain vehicles within the meaning of the term “ motor 15 vehicle subject to registration” or “vehicle subject to 16 registration” as those terms apply to the regulation of motor 17 vehicle dealers, manufacturers, or distributors or to the sale, 18 rental, lease, transfer, or disposition of motor vehicles. 19 Sec. 6. Section 321.166, subsection 1, paragraph a, Code 20 2017, is amended to read as follows: 21 a. Registration plates shall be of metal and of a size not 22 to exceed six inches by twelve inches, except that the size 23 of plates issued for use on autocycles, motorized bicycles, 24 motorcycles, all-terrain vehicles, motorcycle trailers, and 25 trailers with an empty weight of two thousand pounds or less 26 shall be established by the department. 27 Sec. 7. Section 321.166, subsection 4, Code 2017, is amended 28 to read as follows: 29 4. The registration plate number, except on autocycles, 30 motorized bicycles, motorcycles, all-terrain vehicles, 31 motorcycle trailers, and trailers with an empty weight of two 32 thousand pounds or less, shall be of sufficient size to be 33 readable from a distance of one hundred feet during daylight. 34 Sec. 8. Section 321.234A, subsection 1, paragraph f, Code 35 -4- LSB 1257YH (6) 87 av/nh 4/ 11

H.F. 248 2017, is amended by striking the paragraph. 1 Sec. 9. Section 321.234A, Code 2017, is amended by adding 2 the following new subsection: 3 NEW SUBSECTION . 5. The provisions of this section do 4 not apply to an all-terrain vehicle registered under section 5 321.118 and operated on a highway in accordance with section 6 321.234B. 7 Sec. 10. NEW SECTION . 321.234B Registered all-terrain 8 vehicles —— operation on highways. 9 An all-terrain vehicle which is registered pursuant to 10 section 321.118 may be operated on a highway subject to all of 11 the following: 12 1. Persons who may operate. A person shall not operate an 13 all-terrain vehicle on a highway unless the person is sixteen 14 years of age or older and has a valid driver’s license other 15 than a license valid only for operation of a motorized bicycle. 16 2. Operation on certain highways only. An all-terrain 17 vehicle registered under section 321.118 may be operated on 18 secondary roads, but shall not be operated on primary highways 19 or on highways within the corporate limits of a city except as 20 follows: 21 a. A person shall not operate an all-terrain vehicle 22 registered under section 321.118 on a primary highway except to 23 cross a primary highway. However, the provisions of section 24 321I.10 govern the crossing of a primary highway when the 25 all-terrain vehicle is being operated on an all-terrain vehicle 26 trail. 27 b. A person shall not operate an all-terrain vehicle 28 registered under section 321.118 on a highway within the 29 corporate limits of a city except on a nonprimary highway where 30 such operation is authorized by ordinance pursuant to section 31 321.236, subsection 14A. 32 3. Motor vehicle laws applicable. The motor vehicle 33 laws, including but not limited to the provisions of sections 34 321.20B, 321.285, 321.317, 321.385, and 321.387, apply to the 35 -5- LSB 1257YH (6) 87 av/nh 5/ 11

H.F. 248 operation of all-terrain vehicles registered for operation on 1 highways, except for those provisions relating to required 2 equipment which by their nature can have no practical 3 application. 4 4. Penalties. A person convicted of a violation of 5 subsection 1 or 2 is guilty of a simple misdemeanor punishable 6 as a scheduled violation under section 805.8A, subsection 6. 7 Sec. 11. Section 321.236, Code 2017, is amended by adding 8 the following new subsection: 9 NEW SUBSECTION . 14A. Authorizing the operation of 10 all-terrain vehicles registered under section 321.118 on 11 highways under the jurisdiction of a city, other than municipal 12 extensions of primary highways. 13 Sec. 12. Section 321.285, Code 2017, is amended by adding 14 the following new subsection: 15 NEW SUBSECTION . 6A. Notwithstanding any other speed 16 restrictions allowing for speed in excess of forty-five miles 17 per hour, a person shall not operate an all-terrain vehicle on 18 a highway at a speed in excess of forty-five miles per hour. 19 Sec. 13. Section 321F.1, subsection 7, Code 2017, is amended 20 to read as follows: 21 7. “Motor vehicle” means every vehicle which is 22 self-propelled and subject to registration under the laws of 23 this state , other than an all-terrain vehicle as defined in 24 section 321.1 . 25 Sec. 14. Section 321H.2, subsection 11, Code 2017, is 26 amended to read as follows: 27 11. “Vehicle subject to registration” means any vehicle 28 that is of a type required to be registered under chapter 321 29 when operated on a public highway, including but not limited 30 to a vehicle that is inoperable, salvage, or rebuilt , but not 31 including an all-terrain vehicle as defined in section 321.1 . 32 Sec. 15. Section 321I.9, unnumbered paragraph 1, Code 2017, 33 is amended to read as follows: 34 Registration under this chapter shall not be required for 35 -6- LSB 1257YH (6) 87 av/nh 6/ 11

H.F. 248 the following described all-terrain vehicles: 1 Sec. 16. Section 321I.10, subsection 1, Code 2017, is 2 amended to read as follows: 3 1. A person shall not operate an all-terrain vehicle or 4 off-road utility vehicle upon roadways or highways except as 5 provided in section sections 321.234A and 321.234B and this 6 section . 7 Sec. 17. Section 321I.10, subsections 2 and 3, Code 2017, 8 are amended by striking the subsections. 9 Sec. 18. Section 321I.31, subsection 1, Code 2017, is 10 amended to read as follows: 11 1. The owner of an all-terrain vehicle acquired on or 12 after January 1, 2000, other than an all-terrain vehicle used 13 exclusively as a farm implement or a motorcycle previously 14 issued a title pursuant to chapter 321 , shall apply to the 15 county recorder of the county in which the owner resides for a 16 certificate of title for the all-terrain vehicle. The owner 17 of an all-terrain vehicle used exclusively as a farm implement 18 may obtain a certificate of title. A person who owns an 19 all-terrain vehicle that is not required to have a certificate 20 of title may apply for and receive a certificate of title for 21 the all-terrain vehicle and, subsequently, the all-terrain 22 vehicle shall be subject to the requirements of this chapter 23 as if the all-terrain vehicle were required to be titled. All 24 all-terrain vehicles that are titled shall be registered under 25 this chapter . 26 Sec. 19. Section 322.2, subsections 14 and 24, Code 2017, 27 are amended to read as follows: 28 14. “Motor vehicle” means any self-propelled vehicle subject 29 to registration under chapter 321 , other than an all-terrain 30 vehicle as defined in section 321.1 . 31 24. “Used motor vehicle” or “second-hand motor vehicle” means 32 any motor vehicle of a type subject to registration under the 33 laws of this state , except an all-terrain vehicle as defined 34 in section 321.1, which has been sold “at retail” as defined 35 -7- LSB 1257YH (6) 87 av/nh 7/ 11

H.F. 248 in this chapter and previously registered in this or any other 1 state. 2 Sec. 20. Section 322A.1, subsection 8, Code 2017, is amended 3 to read as follows: 4 8. “Motor vehicle” means a “motor vehicles” vehicle” as 5 defined in chapter 321 which are is subject to registration 6 pursuant to the provisions thereof , other than an all-terrain 7 vehicle as defined in section 321.1 . 8 Sec. 21. Section 331.362, subsection 9, Code 2017, is 9 amended to read as follows: 10 9. A county may regulate traffic on and use of the secondary 11 roads, in accordance with sections 321.236 to 321.250 , 321.254 , 12 321.255 , 321.285, subsection 4 , sections 321.352 , 321.471 13 to 321.473 , and other applicable provisions of chapter 321 , 14 chapter 321E , and sections 321G.9 , 321I.10 , and 327G.15 . 15 Sec. 22. Section 423.1, subsection 66, Code 2017, is amended 16 to read as follows: 17 66. “Vehicles subject to registration” means any vehicle 18 subject to registration pursuant to section 321.18 , other than 19 an all-terrain vehicle or off-road utility vehicle registered 20 pursuant to section 321.118 . 21 Sec. 23. Section 516E.1, subsection 6, Code 2017, is amended 22 to read as follows: 23 6. “Motor vehicle” means any self-propelled vehicle subject 24 to registration under chapter 321 , other than an all-terrain 25 vehicle as defined in section 321.1 . 26 Sec. 24. Section 537B.2, subsection 2, Code 2017, is amended 27 to read as follows: 28 2. “Motor vehicle” means a motor vehicle as defined in 29 section 321.1 which is subject to registration. However, 30 “motor vehicle” does not include a motor vehicle, as defined in 31 section 321.1 , with a gross vehicle weight rating of more than 32 twelve thousand pounds , or an all-terrain vehicle as defined 33 in section 321.1 . 34 Sec. 25. Section 805.8A, subsection 6, Code 2017, is amended 35 -8- LSB 1257YH (6) 87 av/nh 8/ 11

H.F. 248 by adding the following new paragraph: 1 NEW PARAGRAPH . 0a. Section 321.234B, subsection 1 2 or 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill provides for the registration of all-terrain 7 vehicles for operation on certain Iowa roads. 8 Code section 321.1 defines “all-terrain vehicle” as a motor 9 vehicle designed to travel on three or more wheels and designed 10 primarily for off-road recreational use. The definition 11 includes off-road utility vehicles, but excludes farm tractors 12 or equipment, construction equipment, forestry vehicles, 13 and lawn and grounds maintenance vehicles. Currently, the 14 department of natural resources regulates all-terrain vehicles 15 for purposes of off-road recreational use. All-terrain 16 vehicles are not permitted on Iowa roads, except under limited 17 circumstances. 18 Under the bill, the owner of an all-terrain vehicle designed 19 to travel on four or more wheels may register the vehicle 20 with the department of transportation through the county 21 treasurer. The annual registration fee is $50. The size 22 of license plates to be issued for all-terrain vehicles will 23 be determined by the department of transportation. Because 24 all-terrain vehicles are currently subject to sales tax, 25 the bill provides that all-terrain vehicles are exempt from 26 the fee for new registration imposed on vehicles subject to 27 registration, so long as the owner has paid the Iowa sales 28 tax or the appropriate tax in another state at the time of 29 purchase. If an all-terrain vehicle is exempt from sales tax, 30 the vehicle is also exempt from the fee for new registration. 31 Registration with the department of transportation does not 32 exempt the owner from the current requirement to register the 33 all-terrain vehicle with the department of natural resources, 34 and the department of natural resources will continue to 35 -9- LSB 1257YH (6) 87 av/nh 9/ 11

H.F. 248 issue certificates of title for all-terrain vehicles. The 1 bill requires an applicant for registration of an all-terrain 2 vehicle with the department of transportation to present a 3 copy of the registration receipt issued by the department of 4 natural resources containing a description of the vehicle and 5 identifying the applicant as the owner of the vehicle. The 6 bill specifies that a manufacturer’s label certifying that the 7 vehicle meets federal motor vehicle safety standards is not 8 required for registration of an all-terrain vehicle with the 9 department of transportation, and current provisions under 10 the purview of the department of transportation relating to 11 the regulation of motor vehicle dealers, manufacturers, and 12 distributors or to the sale, rental, lease, transfer, or 13 disposition of motor vehicles do not apply to all-terrain 14 vehicles. 15 The bill provides that an all-terrain vehicle registered 16 with the department of transportation may be operated on 17 secondary roads, but not on primary highways, except to 18 cross over a primary highway, and not on highways within the 19 corporate limits of a city except where all-terrain vehicles 20 are permitted by ordinance. Under the bill, a city may 21 authorize the operation of all-terrain vehicles registered 22 with the department of transportation on highways under the 23 city’s jurisdiction other than municipal extensions of primary 24 highways. The bill strikes current provisions in Code chapter 25 321I that allow cities and counties to designate roads under 26 their jurisdiction for the operation of all-terrain vehicles 27 registered with the department of natural resources. 28 The bill states that a person who operates an all-terrain 29 vehicle on a highway must be at least 16 years of age and have 30 a valid driver’s license other than a license valid only for 31 the operation of a motorized bicycle. Iowa motor vehicle laws 32 apply to the operation of all-terrain vehicles on highways 33 except those equipment provisions which by their nature can 34 have no practical application. The bill specifies that the 35 -10- LSB 1257YH (6) 87 av/nh 10/ 11

H.F. 248 operator of an all-terrain vehicle must carry proof of motor 1 vehicle financial liability coverage, and the all-terrain 2 vehicle must meet requirements for headlamps, rear lamps, 3 and turn signals. Current speed limits apply to all-terrain 4 vehicles operated on a highway, except that an all-terrain 5 vehicle may not be operated at a speed exceeding 45 miles per 6 hour. 7 The bill amends the definition of “vehicles subject to 8 registration” for purposes of the exemption from the sales and 9 use tax, to exclude all-terrain vehicles and off-road utility 10 vehicles registered for operation on highways, in order to 11 continue the applicability of the sales tax to those vehicles. 12 Under current law, a person who operates an all-terrain 13 vehicle on a highway in violation of current restrictions 14 commits a simple misdemeanor punishable by a scheduled fine 15 of $50. The bill establishes the same penalty for a person 16 who operates a registered all-terrain vehicle in violation of 17 minimum age and licensing requirements or on a highway where 18 all-terrain vehicle operation is not authorized. 19 The bill makes conforming amendments to Code chapter 20 321I, relating to the regulation of all-terrain vehicles by 21 the department of natural resources. The bill also amends 22 definitions in Code chapters applicable to motor vehicle 23 dealers, motor vehicle franchisers, the leasing and renting 24 of motor vehicles, vehicle recyclers, motor vehicle service 25 contracts, and motor vehicle service trade practices, to 26 continue to exclude all-terrain vehicles from those provisions. 27 -11- LSB 1257YH (6) 87 av/nh 11/ 11