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Senate File 297

Partial Bill History

Bill Text

PAG LIN
  1  1                                          SENATE FILE 297
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO THE REGULATION OF SNOWMOBILES AND ALL-TERRAIN
  1  5    VEHICLES, ESTABLISHING FEES, PROVIDING PENALTIES, AND
  1  6    PROVIDING AN APPLICABILITY DATE.
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 321G.1, subsection 1, Code 2003, is
  1 11 amended by striking the subsection and inserting in lieu
  1 12 thereof the following:
  1 13    1.  "All-terrain vehicle" means the same as defined in
  1 14 section 321I.1.
  1 15    Sec. 2.  Section 321G.1, subsections 4, 7, 10, 11, 12, 15,
  1 16 17, and 19, Code 2003, are amended to read as follows:
  1 17    4.  "Dealer" means a person engaged in the business of
  1 18 buying, selling, or exchanging all-terrain vehicles or
  1 19 snowmobiles required to be registered under this chapter and
  1 20 who has an established place of business for that purpose in
  1 21 this state.
  1 22    7.  "Manufacturer" means a person engaged in the business
  1 23 of constructing or assembling all-terrain vehicles or
  1 24 snowmobiles required to be registered under this chapter and
  1 25 who has an established place of business for that purpose in
  1 26 this state.
  1 27    10.  "Operate" means to ride in or on, other than as a
  1 28 passenger, use, or control the operation of an all-terrain
  1 29 vehicle or a snowmobile in any manner, whether or not the all-
  1 30 terrain vehicle or snowmobile is moving.
  1 31    11.  "Operator" means a person who operates or is in actual
  1 32 physical control of an all-terrain vehicle or a snowmobile.
  1 33    12.  "Owner" means a person, other than a lienholder,
  1 34 having the property right in or title to an all-terrain
  1 35 vehicle or a snowmobile.  The term includes a person entitled
  2  1 to the use or possession of an all-terrain vehicle or a
  2  2 snowmobile subject to an interest in another person, reserved
  2  3 or created by agreement and securing payment or performance of
  2  4 an obligation, but the term excludes a lessee under a lease
  2  5 not intended as security.
  2  6    15.  "Railroad right-of-way" shall mean means the full
  2  7 width of property owned, leased, or subject to easement for
  2  8 railroad purposes and shall not be is not limited to those
  2  9 areas on which tracks are located.
  2 10    17.  "Safety certificate" means an all-terrain vehicle or a
  2 11 snowmobile safety certificate issued, approved by the
  2 12 commission, issued to a qualified applicant who is twelve
  2 13 years of age or more older.
  2 14    19.  "Special event" means an organized race, exhibition,
  2 15 or demonstration of limited duration which is conducted on
  2 16 public land or ice under the jurisdiction of the commission
  2 17 according to a prearranged schedule and in which general
  2 18 public interest is manifested.
  2 19    Sec. 3.  Section 321G.2, Code 2003, is amended to read as
  2 20 follows:
  2 21    321G.2  RULES.
  2 22    The commission may adopt rules for the following purposes:
  2 23    1.  Registration and titling of all-terrain vehicles and
  2 24 snowmobiles.
  2 25    2.  Use of all-terrain vehicles and snowmobiles as far as
  2 26 game and fish resources or habitats are affected.
  2 27    3.  Use of all-terrain vehicles and snowmobiles on public
  2 28 lands under the jurisdiction of the commission.
  2 29    4.  Use of all-terrain vehicles and snowmobiles on any
  2 30 waters of the state under the jurisdiction of the commission,
  2 31 while the waters are frozen.
  2 32    5.  Establish Establishment of a program of grants,
  2 33 subgrants, and contracts to be administered by the department
  2 34 for the development and delivery of certified courses of
  2 35 instruction for the safe use and operation of all-terrain
  3  1 vehicles and snowmobiles by political subdivisions and
  3  2 incorporated private organizations.
  3  3    6.  Issuance of safety certificates.
  3  4    7.  Issuance of competition registrations and the
  3  5 participation of all-terrain vehicles and snowmobiles so
  3  6 registered in special events.
  3  7    The director of transportation may adopt rules not
  3  8 inconsistent with this chapter regulating the use of all-
  3  9 terrain vehicles and snowmobiles on streets and highways.
  3 10 Cities may designate streets under the jurisdiction of cities
  3 11 within their respective corporate limits which may be used for
  3 12 snowmobiling and the sport of driving all-terrain vehicles.
  3 13    In adopting the rules, consideration shall be given to the
  3 14 need to protect the environment and the public health, safety,
  3 15 and welfare; to protect private property, public parks, and
  3 16 other public lands; to protect wildlife and wildlife habitat;
  3 17 and to promote uniformity of rules relating to the use,
  3 18 operation, and equipment of all-terrain vehicles and
  3 19 snowmobiles.  The rules shall be in conformance with chapter
  3 20 17A.
  3 21    Sec. 4.  Section 321G.3, Code 2003, is amended to read as
  3 22 follows:
  3 23    321G.3  REGISTRATION AND NUMBERING REQUIRED.
  3 24    1.  Each all-terrain vehicle and snowmobile used on public
  3 25 land or ice of this state shall be currently registered and
  3 26 numbered.  A person shall not operate, maintain, or give
  3 27 permission for the operation or maintenance of an all-terrain
  3 28 vehicle or a snowmobile on public land or ice unless the all-
  3 29 terrain vehicle or snowmobile is numbered in accordance with
  3 30 this chapter, or in accordance with applicable federal laws,
  3 31 or in accordance with an approved numbering system of another
  3 32 state, and unless the identifying number set forth in the
  3 33 registration is displayed as prescribed by rules of the
  3 34 commission.
  3 35    2.  A registration number shall be assigned, without
  4  1 payment of fee, to all-terrain vehicles and snowmobiles owned
  4  2 by the state of Iowa or its political subdivisions upon
  4  3 application for the number, and the assigned registration
  4  4 number shall be displayed on the all-terrain vehicle or
  4  5 snowmobile as required under section 321G.5.  A registration
  4  6 number and certificate shall be assigned, without payment of
  4  7 fee, to an all-terrain vehicle or a snowmobile which is exempt
  4  8 from registration but is being titled.  A decal displaying an
  4  9 audit number shall not be issued and the registration shall
  4 10 not expire while the all-terrain vehicle or snowmobile is
  4 11 exempt.  The application for registration shall indicate the
  4 12 reason for exemption from the fee.  The registration
  4 13 certificate shall indicate the reason for exemption.
  4 14    Sec. 5.  Section 321G.4, Code Supplement 2003, is amended
  4 15 to read as follows:
  4 16    321G.4  REGISTRATION WITH COUNTY RECORDER – FEE.
  4 17    The owner of each all-terrain vehicle or snowmobile
  4 18 required to be numbered shall register it every two years
  4 19 annually with the county recorder of the county in which the
  4 20 owner resides or, if the owner is a nonresident, the owner
  4 21 shall register it in the county in which the all-terrain
  4 22 vehicle or snowmobile is principally used.  The commission has
  4 23 supervisory responsibility over the registration of all-
  4 24 terrain vehicles and snowmobiles and shall provide each county
  4 25 recorder with registration forms and certificates and shall
  4 26 allocate registration numbers to each county.
  4 27    The owner of the all-terrain vehicle or snowmobile shall
  4 28 file an application for registration with the appropriate
  4 29 county recorder on forms provided by the commission.  The
  4 30 application shall be completed and signed by the owner of the
  4 31 all-terrain vehicle or snowmobile and shall be accompanied by
  4 32 a fee of twenty-five fifteen dollars and a writing fee.  An
  4 33 all-terrain vehicle or a A snowmobile shall not be registered
  4 34 by the county recorder until the county recorder is presented
  4 35 with receipts, bills of sale, or other satisfactory evidence
  5  1 that the sales or use tax has been paid for the purchase of
  5  2 the all-terrain vehicle or snowmobile or that the owner is
  5  3 exempt from paying the tax.  However, an owner of an all-
  5  4 terrain vehicle, except an all-terrain vehicle purchased new
  5  5 on or after January 1, 1990, may apply for registration
  5  6 without proof of sales or use tax paid until one year after
  5  7 January 1, 1990.  An all-terrain vehicle or A snowmobile that
  5  8 has an expired registration certificate from another state may
  5  9 be registered in this state upon proper application, payment
  5 10 of all applicable registration and writing fees, and payment
  5 11 of a penalty of five dollars.
  5 12    Upon receipt of the application in approved form
  5 13 accompanied by the required fees, the county recorder shall
  5 14 enter it upon the records and shall issue to the applicant a
  5 15 pocket-size registration certificate.  The certificate shall
  5 16 be executed in triplicate, one copy to be delivered to the
  5 17 owner, one copy to the commission, and one copy to be retained
  5 18 on file by the county recorder.  The registration certificate
  5 19 shall bear the number awarded to the all-terrain vehicle or
  5 20 snowmobile and the name and address of the owner.  The
  5 21 registration certificate shall be carried either in the all-
  5 22 terrain vehicle or snowmobile or on the person of the operator
  5 23 of the machine snowmobile when in use.  The operator of an
  5 24 all-terrain vehicle or a snowmobile shall exhibit the
  5 25 registration certificate to a peace officer upon request, to a
  5 26 person injured in an accident involving an all-terrain vehicle
  5 27 or a snowmobile, or to the owner or operator of another all-
  5 28 terrain vehicle or snowmobile or the owner of personal or real
  5 29 property when the all-terrain vehicle or snowmobile is
  5 30 involved in a collision or accident of any nature with another
  5 31 all-terrain vehicle or snowmobile or the property of another
  5 32 person, or to the property owner or tenant when the all-
  5 33 terrain vehicle or snowmobile is being operated on private
  5 34 property without permission from the property owner or tenant.
  5 35    If an all-terrain vehicle or a snowmobile is placed in
  6  1 storage, the owner shall return the current registration
  6  2 certificate to the county recorder with an affidavit stating
  6  3 that the all-terrain vehicle or snowmobile is placed in
  6  4 storage and the effective date of storage.  The county
  6  5 recorder shall notify the commission of each all-terrain
  6  6 vehicle or snowmobile placed in storage.  When the owner of a
  6  7 stored all-terrain vehicle or snowmobile desires to renew the
  6  8 registration, the owner shall make application to the county
  6  9 recorder and pay the registration and writing fees without
  6 10 penalty.  A refund of the registration fee shall not be
  6 11 allowed for a stored all-terrain vehicle or snowmobile.
  6 12    Sec. 6.  Section 321G.5, Code 2003, is amended to read as
  6 13 follows:
  6 14    321G.5  DISPLAY OF IDENTIFICATION NUMBERS.
  6 15    The owner shall display the identification number on an
  6 16 all-terrain vehicle or a snowmobile in the manner prescribed
  6 17 by the rules of the commission.
  6 18    Sec. 7.  Section 321G.6, Code 2003, is amended to read as
  6 19 follows:
  6 20    321G.6  REGISTRATION – RENEWAL – TRANSFER.
  6 21    1.  Every all-terrain vehicle or snowmobile registration
  6 22 certificate and number issued expires at midnight December 31,
  6 23 and renewals expire every two years thereafter unless sooner
  6 24 terminated or discontinued in accordance with this chapter.
  6 25 After the first day of September each even-numbered year, an
  6 26 unregistered all-terrain vehicle or snowmobile and renewals
  6 27 may be registered or a registration may be renewed for the
  6 28 subsequent biennium year beginning January 1.  An all-terrain
  6 29 vehicle or snowmobile registered between January 1 and
  6 30 September 1 of even-numbered years shall be registered for a
  6 31 fee of twelve dollars and fifty cents for the remainder of the
  6 32 registration period.
  6 33    After the first day of September in even-numbered years an
  6 34 unregistered all-terrain vehicle or snowmobile may be
  6 35 registered for the remainder of the current registration
  7  1 period and for the subsequent registration period in one
  7  2 transaction.  The fee shall be five dollars for the remainder
  7  3 of the current period, in addition to the registration fee of
  7  4 twenty-five dollars for an all-terrain vehicle and twenty-five
  7  5 dollars for a snowmobile for the subsequent biennium beginning
  7  6 January 1, and a writing fee.  Registration certificates and
  7  7 numbers may be renewed upon application of the owner in the
  7  8 same manner as provided in securing the original registration.
  7  9 The all-terrain vehicle or snowmobile registration fee is in
  7 10 lieu of personal property tax for each year of the
  7 11 registration.
  7 12    2.  An expired all-terrain vehicle or snowmobile
  7 13 registration may be renewed for the same fee as if the owner
  7 14 is securing the original registration plus a penalty of five
  7 15 dollars and a writing fee.
  7 16    All all-terrain vehicles used on public land must be
  7 17 registered within six months following January 1, 1990, unless
  7 18 otherwise exempt.
  7 19    3.  When a person, after registering an all-terrain vehicle
  7 20 or a snowmobile, moves from the address shown on the
  7 21 registration certificate, the person shall, within ten thirty
  7 22 days, notify the county recorder in writing of the move and
  7 23 the person's new address.
  7 24    4.  Upon the transfer of ownership of an all-terrain
  7 25 vehicle or a snowmobile, the owner shall complete the form on
  7 26 the back of the title, if any, and registration, if any, and
  7 27 deliver both to the purchaser or transferee when the all-
  7 28 terrain vehicle or snowmobile is delivered.  If the all-
  7 29 terrain vehicle or snowmobile is not titled, the owner shall
  7 30 complete the form on the back of the current registration
  7 31 certificate and shall deliver the certificate to the purchaser
  7 32 or transferee at the time of delivering the all-terrain
  7 33 vehicle or snowmobile.  If the all-terrain vehicle or
  7 34 snowmobile has not been titled and has not been registered,
  7 35 the owner shall deliver an affidavit for an unregistered and
  8  1 untitled all-terrain vehicle or snowmobile to the purchaser or
  8  2 transferee.  The purchaser or transferee shall, within thirty
  8  3 days of transfer, file a new application form with the county
  8  4 recorder with a fee of one dollar and the writing fee, and a
  8  5 transfer of number shall be awarded in the same manner as
  8  6 provided in an original registration.  If the purchaser or
  8  7 transferee does not file a new application form within thirty
  8  8 days of transfer, the transfer of number shall be awarded upon
  8  9 payment of all applicable fees plus a penalty of five dollars.
  8 10    All registrations must be valid for the current
  8 11 registration period prior to the transfer of any registration,
  8 12 including assignment to a dealer.
  8 13    5.  Duplicate registrations may be issued upon application
  8 14 therefore to the county recorder and the payment of the same
  8 15 fees collected for the transfer of registrations.
  8 16    A motorcycle, as defined in section 321.1, subsection 40,
  8 17 paragraph "a", may be registered as an all-terrain vehicle as
  8 18 provided in this section.  A motorcycle registered as an all-
  8 19 terrain vehicle may participate in all programs established
  8 20 for all-terrain vehicles under this chapter except for the
  8 21 safety instruction and certification program.
  8 22    Sec. 8.  Section 321G.7, Code 2003, is amended to read as
  8 23 follows:
  8 24    321G.7  FEES REMITTED TO COMMISSION – APPROPRIATION.
  8 25    Within ten days after the end of each month, a county
  8 26 recorder shall remit to the commission the all-terrain vehicle
  8 27 and snowmobile fees collected by the recorder during the
  8 28 previous month.  Before January 10 of odd-numbered years each
  8 29 year, a recorder shall remit to the commission unused license
  8 30 forms from the previous biennium to the commission year.
  8 31    The department shall remit the fees to the treasurer of
  8 32 state, who shall place the money in a special conservation
  8 33 snowmobile fund.  The money is appropriated to the department
  8 34 for the all-terrain vehicle and snowmobile programs of the
  8 35 state.  All-terrain vehicle fees shall be used only for all-
  9  1 terrain vehicle programs and snowmobile fees shall be used
  9  2 only for snowmobile programs.  Joint programs shall be
  9  3 supported from both types of fees on a usage basis.  The all-
  9  4 terrain vehicle and snowmobile programs shall include grants,
  9  5 subgrants, contracts, or cost-sharing of all-terrain vehicle
  9  6 and snowmobile programs with political subdivisions or
  9  7 incorporated private organizations or both in accordance with
  9  8 rules adopted by the commission.  All all-terrain vehicle
  9  9 programs using cost-sharing, grants, subgrants, or contracts
  9 10 shall establish and implement a safety instruction program
  9 11 either singly or in cooperation with other all-terrain vehicle
  9 12 programs.  Snowmobile fees may be used to support snowmobile
  9 13 programs on a usage basis.  At least fifty percent of the
  9 14 special fund shall be available for political subdivisions or
  9 15 incorporated private organizations or both.  Moneys from the
  9 16 special fund not used by the political subdivisions or
  9 17 incorporated private organizations or both shall remain in the
  9 18 all-terrain vehicle or snowmobile accounts.  The fund and may
  9 19 be used by the department may use funds from these accounts
  9 20 for the administration of the all-terrain vehicle and
  9 21 snowmobile programs.  Notwithstanding section 8.33, moneys in
  9 22 the special fund shall not revert to the general fund of the
  9 23 state at the end of a fiscal year.  Notwithstanding section
  9 24 12C.7, subsection 2, interest or earnings on moneys in the
  9 25 special fund shall remain in the fund.
  9 26    Sec. 9.  Section 321G.8, Code 2003, is amended to read as
  9 27 follows:
  9 28    321G.8  EXEMPT VEHICLES.
  9 29    Registration shall not be required for the following
  9 30 described all-terrain vehicles and snowmobiles:
  9 31    1.  All-terrain vehicles and snowmobiles Snowmobiles owned
  9 32 and used by the United States, another state, or a political
  9 33 subdivision of another state.
  9 34    2.  All-terrain vehicles and snowmobiles Snowmobiles
  9 35 registered in a country other than the United States used
 10  1 within this state for not more than twenty consecutive days.
 10  2    3.  All-terrain vehicles and snowmobiles Snowmobiles
 10  3 covered by a valid license of another state and which have not
 10  4 been within this state for more than twenty consecutive days.
 10  5    4.  All-terrain vehicles and snowmobiles Snowmobiles not
 10  6 registered or licensed in another state or country being used
 10  7 in this state while engaged in a special event and not
 10  8 remaining in the state for a period of more than ten days.
 10  9    5.  All-terrain vehicles used in accordance with section
 10 10 321.234A.
 10 11    6. 5.  Snowmobiles and all-terrain vehicles used
 10 12 exclusively as farm implements.
 10 13    Sec. 10.  Section 321G.9, unnumbered paragraph 1, Code
 10 14 2003, is amended to read as follows:
 10 15    A person shall not operate an all-terrain vehicle or a
 10 16 snowmobile upon roadways or highways, as defined in section
 10 17 321.1, except as provided in section 321.234A and this
 10 18 chapter.
 10 19    Sec. 11.  Section 321G.9, subsections 1, 2, and 3, Code
 10 20 2003, are amended to read as follows:
 10 21    1.  An all-terrain vehicle or A snowmobile shall not be
 10 22 operated at any time within the right of way right-of-way of
 10 23 any interstate highway or freeway within this state except
 10 24 under either of the following circumstances:
 10 25    a.  As provided in section 321.234A.
 10 26    b.  When when using an underpass located on an interstate
 10 27 highway or freeway if all of the following apply:
 10 28    (1) a.  The underpass has been abandoned and is no longer
 10 29 being used by motor vehicles or trains.
 10 30    (2) b.  Use of the underpass is the only alternative to the
 10 31 use of a traveled roadway.
 10 32    (3) c.  Notwithstanding the provisions of chapter 321, use
 10 33 of the underpass does not conflict with any rules or
 10 34 regulations adopted by a federal governmental entity or this
 10 35 state or a political subdivision of this state.
 11  1    2.  An all-terrain vehicle or A snowmobile may make a
 11  2 direct crossing of a street or highway provided all of the
 11  3 following occur:
 11  4    a.  The crossing is made at an angle of approximately
 11  5 ninety degrees to the direction of the highway and at a place
 11  6 where no obstruction prevents a quick and safe crossing; and.
 11  7    b.  The all-terrain vehicle or snowmobile is brought to a
 11  8 complete stop before crossing the shoulder or main traveled
 11  9 way of the highway; and.
 11 10    c.  The driver yields the right of way right-of-way to all
 11 11 oncoming traffic which constitutes an immediate hazard; and.
 11 12    d.  In crossing a divided highway, the crossing is made
 11 13 only at an intersection of such highway with another public
 11 14 street or highway.
 11 15    3.  An all-terrain vehicle or A snowmobile shall not be
 11 16 operated on public highways under any of the following
 11 17 conditions:
 11 18    a.  On the roadway portion of a highway and adjacent
 11 19 shoulder, or at least five feet on either side of the roadway,
 11 20 except as provided in subsection 4 of this section, and.
 11 21    b.  On limited access highways and approaches, and.
 11 22    c.  For racing any moving object, and.
 11 23    d.  Abreast with one or more other all-terrain vehicles or
 11 24 snowmobiles on a city highway.
 11 25    Sec. 12.  Section 321G.9, subsection 4, unnumbered
 11 26 paragraph 1, Code 2003, is amended to read as follows:
 11 27    A registered all-terrain vehicle or snowmobile may be
 11 28 operated under the following conditions:
 11 29    Sec. 13.  Section 321G.9, subsection 4, paragraph d, Code
 11 30 2003, is amended to read as follows:
 11 31    d.  On the roadways of that portion of county highways
 11 32 designated by the county board of supervisors for such use
 11 33 during a specified period.  The county board of supervisors
 11 34 shall evaluate the traffic conditions on all county highways
 11 35 and designate roadways on which all-terrain vehicles or
 12  1 snowmobiles may be operated for the specified period without
 12  2 unduly interfering with or constituting an undue hazard to
 12  3 conventional motor vehicle traffic.  Signs warning of the
 12  4 operation of all-terrain vehicles or snowmobiles on the
 12  5 roadway shall be placed and maintained on the portions of
 12  6 highway thus designated during the period specified for the
 12  7 operation.
 12  8    Sec. 14.  Section 321G.9, subsection 4, paragraph f, Code
 12  9 2003, is amended by striking the paragraph.
 12 10    Sec. 15.  Section 321G.9, subsections 6 and 7, Code 2003,
 12 11 are amended to read as follows:
 12 12    6.  a.  An all-terrain vehicle or A snowmobile shall not be
 12 13 operated on or across a public highway by a person under
 12 14 sixteen years of age who does not have in the person's
 12 15 possession a safety certificate issued to the person pursuant
 12 16 to this chapter.
 12 17    b.  A person twelve to fifteen years of age and possessing
 12 18 a valid safety certificate must be under the direct
 12 19 supervision of a parent, guardian, or another adult authorized
 12 20 by the parent or guardian, who is experienced in all-terrain
 12 21 vehicle or snowmobile operation, and who possesses a valid
 12 22 driver's license as defined in section 321.1, or a safety
 12 23 certificate issued under this chapter.
 12 24    7.  An all-terrain vehicle or A snowmobile shall not be
 12 25 operated within the right of way right-of-way of a primary
 12 26 highway between the hours of sunset and sunrise except on the
 12 27 right-hand side of the right of way right-of-way and in the
 12 28 same direction as the motor vehicular traffic on the nearest
 12 29 lane of traveled portion of the right of way right-of-way.
 12 30    Sec. 16.  Section 321G.10, Code 2003, is amended to read as
 12 31 follows:
 12 32    321G.10  ACCIDENT REPORTS.
 12 33    If an all-terrain vehicle or a snowmobile is involved in an
 12 34 accident resulting in injury or death to anyone or property
 12 35 damage amounting to two hundred one thousand dollars or more,
 13  1 either the operator or someone acting for the operator shall
 13  2 immediately notify the county sheriff or another law
 13  3 enforcement agency in the state.  The If the accident occurred
 13  4 on public land or ice under the jurisdiction of the
 13  5 commission, the operator shall file with the commission a
 13  6 report of the accident, within forty-eight seventy-two hours,
 13  7 containing information as the commission may require.  All
 13  8 other accidents shall be reported as required under section
 13  9 321.266.
 13 10    Sec. 17.  Section 321G.11, subsections 1 and 2, Code 2003,
 13 11 are amended to read as follows:
 13 12    1.  An all-terrain vehicle or A snowmobile shall not be
 13 13 operated without suitable and effective muffling devices which
 13 14 limit engine noise to not more than eighty-six decibels as
 13 15 measured on the "A" scale at a distance of fifty feet; and a
 13 16 snowmobile, manufactured after July 1, 1973, which is sold,
 13 17 offered for sale, or used in this state, except in an
 13 18 authorized special event, shall have a muffler system that
 13 19 limits engine noise to not more than eighty-two decibels as
 13 20 measured on the "A" scale at a distance of fifty feet.
 13 21    2.  The commission may adopt rules with respect to the
 13 22 inspection of all-terrain vehicles and snowmobiles and testing
 13 23 of their snowmobile mufflers.
 13 24    Sec. 18.  Section 321G.12, Code 2003, is amended to read as
 13 25 follows:
 13 26    321G.12  HEAD LAMP HEADLAMP – TAIL LAMP – BRAKES.
 13 27    Every all-terrain vehicle operated during the hours of
 13 28 darkness shall display a lighted head lamp and tail lamp.
 13 29 Every snowmobile shall be equipped with at least one head lamp
 13 30 headlamp and one tail lamp.  Every all-terrain vehicle and
 13 31 snowmobile shall be equipped with brakes.
 13 32    Sec. 19.  Section 321G.13, subsection 1, unnumbered
 13 33 paragraph 1, Code 2003, is amended to read as follows:
 13 34    A person shall not drive or operate an all-terrain vehicle
 13 35 or a snowmobile:
 14  1    Sec. 20.  Section 321G.13, subsection 1, paragraphs g and
 14  2 h, Code 2003, are amended to read as follows:
 14  3    g.  In or on any park or fish and game areas except on
 14  4 designated all-terrain vehicle or snowmobile trails.
 14  5    h.  Upon an operating railroad right-of-way.  An all-
 14  6 terrain vehicle or A snowmobile may be driven directly across
 14  7 a railroad right-of-way only at an established crossing and,
 14  8 notwithstanding any other provisions of law, may, if
 14  9 necessary, use the improved portion of the established
 14 10 crossing after yielding to all oncoming traffic.  This
 14 11 paragraph does not apply to a law enforcement officer or
 14 12 railroad employee in the lawful discharge of the officer's or
 14 13 employee's duties or to an employee of a utility with
 14 14 authority to enter upon the railroad right-of-way in the
 14 15 lawful performance of the employee's duties.
 14 16    Sec. 21.  Section 321G.13, subsection 2, Code 2003, is
 14 17 amended to read as follows:
 14 18    2.  A person shall not operate or ride in an all-terrain
 14 19 vehicle or a snowmobile with a firearm in the person's
 14 20 possession unless it is unloaded and enclosed in a carrying
 14 21 case.  However, a nonambulatory person may carry an uncased
 14 22 and unloaded firearm while operating or riding an all-terrain
 14 23 vehicle or a snowmobile.
 14 24    Sec. 22.  Section 321G.13, subsection 3, Code 2003, is
 14 25 amended by striking the subsection.
 14 26    Sec. 23.  Section 321G.14, Code 2003, is amended to read as
 14 27 follows:
 14 28    321G.14  PENALTY.
 14 29    Any A person who shall violate any provision of violates
 14 30 this chapter or any regulation a rule of the commission or
 14 31 director of transportation shall be is guilty of a simple
 14 32 misdemeanor.
 14 33    Chapter 232 shall have no application in the prosecution of
 14 34 offenses which are committed in violation of this chapter, and
 14 35 which constitute simple misdemeanors.
 15  1    Sec. 24.  Section 321G.15, Code 2003, is amended to read as
 15  2 follows:
 15  3    321G.15  OPERATION PENDING REGISTRATION.
 15  4    The commission shall furnish snowmobile and all-terrain
 15  5 vehicle dealers with pasteboard cards bearing the words
 15  6 "registration applied for" and space for the date of purchase.
 15  7 An unregistered all-terrain vehicle or snowmobile sold by a
 15  8 dealer shall bear one of these cards which entitles the
 15  9 purchaser to operate it for ten days immediately following the
 15 10 purchase.  The purchaser of a registered all-terrain vehicle
 15 11 or snowmobile may operate it for ten days immediately
 15 12 following the purchase, without having completed a transfer of
 15 13 registration.  A snowmobile or all-terrain vehicle dealer
 15 14 shall make application and pay all registration and title fees
 15 15 if applicable on behalf of the purchaser of a snowmobile or
 15 16 all-terrain vehicle.
 15 17    Sec. 25.  Section 321G.16, Code 2003, is amended to read as
 15 18 follows:
 15 19    321G.16  SPECIAL EVENTS.
 15 20    The department may authorize the holding of organized
 15 21 special events as defined in this chapter within this state.
 15 22 The department shall adopt rules relating to the conduct of
 15 23 special events held under department permits and designating
 15 24 the equipment and facilities necessary for safe operation of
 15 25 all-terrain vehicles and snowmobiles or for the safety of
 15 26 operators, participants, and observers in the special events.
 15 27 A special event for all-terrain vehicles may include
 15 28 motorcycles upon payment of an entrance fee set by the
 15 29 organizer of the special event.  The department may require
 15 30 that part of the motorcycle entrance fee be credited to pay
 15 31 costs of all-terrain vehicle programs authorized pursuant to
 15 32 section 321G.7.  At least thirty days before the scheduled
 15 33 date of a special event in this state, an application shall be
 15 34 filed with the department for authorization to conduct the
 15 35 special event.  The application shall set forth the date,
 16  1 time, and location of the proposed special event and any other
 16  2 information the department requires.  The special event shall
 16  3 not be conducted without written authorization of the
 16  4 department.  Copies of the rules shall be furnished by the
 16  5 department to any person making an application.
 16  6    Sec. 26.  Section 321G.17, Code 2003, is amended to read as
 16  7 follows:
 16  8    321G.17  VIOLATION OF "STOP" STOP SIGNAL.
 16  9    A person, after having received a visual or audible signal
 16 10 from a peace officer to come to a stop, shall not operate an
 16 11 all-terrain vehicle or a snowmobile in willful or wanton
 16 12 disregard of the signal or interfere with or endanger the
 16 13 officer or any other person or vehicle, or increase speed or
 16 14 attempt to flee or elude the officer.
 16 15    Sec. 27.  Section 321G.18, Code 2003, is amended to read as
 16 16 follows:
 16 17    321G.18  NEGLIGENCE.
 16 18    The owner and operator of an all-terrain vehicle or a
 16 19 snowmobile are liable for any injury or damage occasioned by
 16 20 the negligent operation of the all-terrain vehicle or
 16 21 snowmobile.  The owner of an all-terrain vehicle or a
 16 22 snowmobile shall be liable for any such injury or damage only
 16 23 if the owner was the operator of the all-terrain vehicle or
 16 24 snowmobile at the time the injury or damage occurred or if the
 16 25 operator had the owner's consent to operate the all-terrain
 16 26 vehicle or snowmobile at the time the injury or damage
 16 27 occurred.
 16 28    Sec. 28.  Section 321G.19, Code Supplement 2003, is amended
 16 29 to read as follows:
 16 30    321G.19  RENTED SNOWMOBILES AND ALL-TERRAIN VEHICLES.
 16 31    1.  The owner of a rented all-terrain vehicle or snowmobile
 16 32 shall keep a record of the name and address of each person
 16 33 renting the all-terrain vehicle or snowmobile, its
 16 34 registration number, the departure date and time, and the
 16 35 expected time of return.  The records shall be preserved for
 17  1 six months.
 17  2    2.  The owner of an all-terrain vehicle or a snowmobile
 17  3 operated for hire shall not permit the use or operation of a
 17  4 rented all-terrain vehicle or snowmobile unless it has been
 17  5 provided with all equipment required by this chapter or rules
 17  6 of the commission or the director of transportation, properly
 17  7 installed and in good working order.
 17  8    Sec. 29.  Section 321G.20, unnumbered paragraph 2, Code
 17  9 2003, is amended by striking the unnumbered paragraph.
 17 10    Sec. 30.  Section 321G.21, subsections 1, 3, 6, 8, 9, and
 17 11 10, Code 2003, are amended to read as follows:
 17 12    1.  A manufacturer, distributor, or dealer owning any all-
 17 13 terrain vehicle or a snowmobile required to be registered
 17 14 under this chapter may operate the all-terrain vehicle or
 17 15 snowmobile for purposes of transporting, testing,
 17 16 demonstrating, or selling it without the all-terrain vehicle
 17 17 or snowmobile being registered, except that a special
 17 18 identification number issued to the owner as provided in this
 17 19 chapter shall be displayed on the all-terrain vehicle or
 17 20 snowmobile.  The special identification number shall not be
 17 21 used on an all-terrain vehicle or a snowmobile offered for
 17 22 hire or for any work or service performed by a manufacturer,
 17 23 distributor, or dealer.
 17 24    3.  The commission, upon granting an application, shall
 17 25 issue to the applicant a special registration certificate
 17 26 containing the applicant's name and address, the general
 17 27 identification number assigned to the applicant, the word
 17 28 "manufacturer", "dealer", or "distributor", and other
 17 29 information the commission prescribes.  The manufacturer,
 17 30 distributor, or dealer shall have the assigned number printed
 17 31 upon or attached to a removable sign or signs which may be
 17 32 temporarily but firmly mounted or attached to the all-terrain
 17 33 vehicle or snowmobile being used.  The display shall meet the
 17 34 requirements of this chapter and the rules of the commission.
 17 35    6.  Every manufacturer, distributor, or dealer shall keep a
 18  1 written record of the all-terrain vehicles and snowmobiles
 18  2 upon which special registration certificates are used, which
 18  3 record shall be open to inspection by any law enforcement
 18  4 officer or any officer or employee of the commission.
 18  5    8.  Dealers using special certificates under this chapter
 18  6 shall, before January 10 of each year, furnish the commission
 18  7 with a list of all used all-terrain vehicles and snowmobiles
 18  8 held by them for sale or trade, and upon which the
 18  9 registration fee for the current year has not been paid,
 18 10 giving the previous registration number, name of previous
 18 11 owner at the time the all-terrain vehicle or snowmobile was
 18 12 transferred to the dealer, and other information the
 18 13 commission requires.
 18 14    9.  If the purchaser or transferee of an all-terrain
 18 15 vehicle or a snowmobile is a dealer who holds the same for
 18 16 resale and operates the all-terrain vehicle or snowmobile only
 18 17 for purposes incidental to a resale and displays the special
 18 18 dealer's certificate, or does not operate the all-terrain
 18 19 vehicle or snowmobile or permit it to be operated, the
 18 20 transferee is not required to obtain a new registration
 18 21 certificate but upon transferring title or interest to another
 18 22 person shall sign the reverse side of the title, if any, and
 18 23 the registration certificate of the all-terrain vehicle or
 18 24 snowmobile indicating the name and address of the new
 18 25 purchaser.  A dealer shall make application and pay all
 18 26 registration and title fees if applicable on behalf of the
 18 27 purchaser of an all-terrain vehicle or a snowmobile.  The
 18 28 recorder shall award a transfer of the registration number.
 18 29 If the registration has expired while in the dealer's
 18 30 possession, the purchaser may renew the registration for the
 18 31 same fee and writing fee as if the purchaser is securing the
 18 32 original registration.
 18 33    10.  When a dealer purchases or otherwise acquires an all-
 18 34 terrain vehicle or a snowmobile registered in this state, the
 18 35 dealer shall issue a signed receipt to the previous owner,
 19  1 indicating the date of purchase or acquisition, the name and
 19  2 address of the previous owner, and the registration number of
 19  3 the all-terrain vehicle or snowmobile purchased or acquired.
 19  4 The original receipt shall be delivered to the previous owner
 19  5 and one copy shall be mailed or delivered by the dealer to the
 19  6 county recorder of the county in which the all-terrain vehicle
 19  7 or snowmobile is registered, and one copy shall be delivered
 19  8 to the commission within forty-eight hours.
 19  9    Sec. 31.  Section 321G.22, Code 2003, is amended to read as
 19 10 follows:
 19 11    321G.22  LIMITATION OF LIABILITY BY PUBLIC BODIES AND
 19 12 ADJOINING OWNERS.
 19 13    The state, its political subdivisions, and the owners or
 19 14 tenants of property adjoining public lands or the right of way
 19 15 right-of-way of a public highway and their agents and
 19 16 employees owe no duty of care to keep the public lands,
 19 17 ditches, or land contiguous to a highway or roadway under the
 19 18 control of the state or a political subdivision safe for entry
 19 19 or use by persons operating an all-terrain vehicle or a
 19 20 snowmobile, or to give any warning of a dangerous condition,
 19 21 use, structure, or activity on the premises to persons
 19 22 entering for such purposes, except in the case of willful or
 19 23 malicious failure to guard or warn against a dangerous
 19 24 condition, use, structure, or activity.  The state, its
 19 25 political subdivisions, and the owners or tenants of property
 19 26 adjoining public lands or the right of way right-of-way of a
 19 27 public highway, and their agents and employees are not liable
 19 28 for actions taken to allow or facilitate the use of public
 19 29 lands, ditches, or land contiguous to a highway or roadway
 19 30 except in the case of a willful or malicious failure to guard
 19 31 or warn against a dangerous condition, use, structure, or
 19 32 activity.
 19 33    This section does not create a duty of care or ground of
 19 34 liability on behalf of the state, its political subdivisions,
 19 35 or the owners or tenants of property adjoining public lands or
 20  1 the right of way right-of-way of a public highway and their
 20  2 agents and employees for injury to persons or property in the
 20  3 operation of all-terrain vehicles or snowmobiles in a ditch or
 20  4 on land contiguous to a highway or roadway under the control
 20  5 of the state or a political subdivision.  The state, its
 20  6 political subdivisions, and the owners or tenants of property
 20  7 adjoining public lands or the right of way right-of-way of a
 20  8 public highway and their agents and employees are not liable
 20  9 for the operation of an all-terrain vehicle or a snowmobile in
 20 10 violation of this chapter.
 20 11    Sec. 32.  Section 321G.23, subsections 1 and 4, Code 2003,
 20 12 are amended to read as follows:
 20 13    1.  The commission shall provide, by rules adopted pursuant
 20 14 to section 321G.2, for the establishment of certified courses
 20 15 of instruction to be conducted throughout the state for the
 20 16 safe use and operation of all-terrain vehicles and
 20 17 snowmobiles.  The curriculum shall include instruction in the
 20 18 lawful and safe use, operation, and equipping of all-terrain
 20 19 vehicles and snowmobiles consistent with this chapter and
 20 20 rules adopted by the commission and the director of
 20 21 transportation and other matters the commission deems
 20 22 pertinent for a qualified all-terrain vehicle or snowmobile
 20 23 operator.
 20 24    4.  The commission shall provide safety material relating
 20 25 to the operation of all-terrain vehicles and snowmobiles for
 20 26 the use of nonpublic or public elementary and secondary
 20 27 schools in this state.
 20 28    Sec. 33.  Section 321G.24, subsections 1, 2, 4, and 5, Code
 20 29 2003, are amended to read as follows:
 20 30    1.  A person under eighteen years of age shall not operate
 20 31 a snowmobile on public land or ice or land purchased with
 20 32 snowmobile registration funds in this state without obtaining
 20 33 a valid safety certificate issued by the department and having
 20 34 the certificate in the person's possession, unless the person
 20 35 is accompanied on the same snowmobile by a responsible person
 21  1 of at least eighteen years of age who is experienced in
 21  2 snowmobile operation and possesses a valid driver's license,
 21  3 as defined in section 321.1, or a safety certificate issued
 21  4 under this chapter.  A person under eighteen years of age
 21  5 shall not operate an all-terrain vehicle on public land or
 21  6 land purchased with all-terrain vehicle registration funds in
 21  7 this state without obtaining a valid safety certificate issued
 21  8 by the department and having the certificate in the person's
 21  9 possession.
 21 10    2.  Upon application and payment of a fee of three five
 21 11 dollars, a qualified applicant shall be issued a safety
 21 12 certificate which is valid until the certificate is suspended
 21 13 or revoked for a violation of a provision of this chapter or a
 21 14 rule of the commission or the director of transportation.  The
 21 15 application shall be made on forms issued by the commission
 21 16 and shall contain information as the commission may reasonably
 21 17 require.
 21 18    4.  The permit fees collected under this section shall be
 21 19 credited to the state conservation special snowmobile fund
 21 20 created under section 321G.7 and shall be used for safety and
 21 21 educational programs.
 21 22    5.  A valid all-terrain vehicle or snowmobile safety
 21 23 certificate or license issued to a nonresident by a
 21 24 governmental authority of another state shall be considered a
 21 25 valid certificate or license in this state if the permit or
 21 26 license requirements of the governmental authority, excluding
 21 27 fees, are substantially the same as the requirements of this
 21 28 chapter as determined by the commission.
 21 29    Sec. 34.  Section 321G.25, Code 2003, is amended to read as
 21 30 follows:
 21 31    321G.25  STOPPING AND INSPECTING – WARNINGS.
 21 32    A peace officer may stop and inspect an all-terrain vehicle
 21 33 or a snowmobile operated, parked, or stored on public streets,
 21 34 highways, public lands, or frozen waters of the state to
 21 35 determine if the all-terrain vehicle or snowmobile is
 22  1 registered, numbered, or equipped as required by this chapter
 22  2 and commission rules.  The officer shall not inspect an area
 22  3 that is not essential to determine compliance with the
 22  4 requirements.  If the officer determines that the all-terrain
 22  5 vehicle or snowmobile is not in compliance, the officer may
 22  6 issue a warning memorandum to the operator and forward a copy
 22  7 to the commission.  The warning memorandum shall indicate the
 22  8 items found not in compliance and shall direct the owner or
 22  9 operator of the all-terrain vehicle or snowmobile to have the
 22 10 all-terrain vehicle or snowmobile in compliance and return a
 22 11 copy of the warning memorandum with the proof of compliance to
 22 12 the commission within fourteen days.  If the proof of
 22 13 compliance is not provided within fourteen days, the owner or
 22 14 operator is in violation of this chapter.
 22 15    Sec. 35.  Section 321G.26, Code 2003, is amended to read as
 22 16 follows:
 22 17    321G.26  TERMINATION OF USE.
 22 18    A person who receives a warning memorandum for an all-
 22 19 terrain vehicle or a snowmobile shall stop using the all-
 22 20 terrain vehicle or snowmobile as soon as possible and shall
 22 21 not operate it on public streets, highways, public lands, or
 22 22 frozen waters of the state until the all-terrain vehicle or
 22 23 snowmobile is in compliance.
 22 24    Sec. 36.  Section 321G.27, Code 2003, is amended to read as
 22 25 follows:
 22 26    321G.27  WRITING FEES.
 22 27    The county recorder shall collect a writing fee of one
 22 28 dollar and twenty-five cents for an all-terrain vehicle or a
 22 29 snowmobile registration.
 22 30    Sec. 37.  Section 321G.28, Code 2003, is amended to read as
 22 31 follows:
 22 32    321G.28  CONSISTENT LOCAL LAWS – SPECIAL LOCAL RULES.
 22 33    1.  This chapter and other applicable laws of this state
 22 34 shall govern the operation, equipment, numbering, and all
 22 35 other matters relating to an all-terrain vehicle or a
 23  1 snowmobile when the all-terrain vehicle or snowmobile is
 23  2 operated or maintained in this state.  However, this chapter
 23  3 does not prevent the adoption of an ordinance or local law
 23  4 relating to the operation of or equipment of all-terrain
 23  5 vehicles or snowmobiles.  The ordinances or local laws are
 23  6 operative only so long as they are not inconsistent with this
 23  7 chapter or the rules adopted by the commission.
 23  8    2.  A subdivision of this state, after public notice by
 23  9 publication in a newspaper having a general circulation in the
 23 10 subdivision, may make formal application to the commission for
 23 11 special rules concerning the operation of all-terrain vehicles
 23 12 or snowmobiles within the territorial limits of the
 23 13 subdivision and shall provide the commission with the reasons
 23 14 the special rules are necessary.
 23 15    3.  The commission, upon application by local authorities
 23 16 and in conformity with this chapter, may make special rules
 23 17 concerning the operation of all-terrain vehicles or
 23 18 snowmobiles within the territorial limits of a subdivision of
 23 19 this state.
 23 20    Sec. 38.  Section 321G.29, Code 2003, is amended to read as
 23 21 follows:
 23 22    321G.29  OWNER'S CERTIFICATE OF TITLE – IN GENERAL.
 23 23    1.  The owner of a snowmobile acquired on or after January
 23 24 1, 1998, or an all-terrain vehicle acquired on or after
 23 25 January 1, 2000, other than a snowmobile or all-terrain
 23 26 vehicle used exclusively as a farm implement, shall apply to
 23 27 the county recorder of the county in which the owner resides
 23 28 for a certificate of title for the snowmobile or all-terrain
 23 29 vehicle.  The owner of a snowmobile or all-terrain vehicle
 23 30 used exclusively as a farm implement may obtain a certificate
 23 31 of title.  A person who owns a snowmobile or all-terrain
 23 32 vehicle that is not required to have a certificate of title
 23 33 may apply for and receive a certificate of title for the
 23 34 snowmobile or all-terrain vehicle and, subsequently, the
 23 35 snowmobile or all-terrain vehicle shall be subject to the
 24  1 requirements of this chapter as if the snowmobile or all-
 24  2 terrain vehicle were required to be titled.  All snowmobiles
 24  3 or all-terrain vehicles that are titled shall be registered.
 24  4    2.  A certificate of title shall contain the information
 24  5 and shall be issued on a form the department prescribes.
 24  6    3.  An owner of a snowmobile or all-terrain vehicle shall
 24  7 apply to the county recorder for issuance of a certificate of
 24  8 title within thirty days after acquisition.  The application
 24  9 shall be on forms the department prescribes and accompanied by
 24 10 the required fee.  The application shall be signed and sworn
 24 11 to before a notary public or other person who administers
 24 12 oaths, or shall include a certification signed in writing
 24 13 containing substantially the representation that statements
 24 14 made are true and correct to the best of the applicant's
 24 15 knowledge, information, and belief, under penalty of perjury.
 24 16 The application shall contain the date of sale and gross price
 24 17 of the snowmobile or all-terrain vehicle or the fair market
 24 18 value if no sale immediately preceded the transfer and any
 24 19 additional information the department requires.  If the
 24 20 application is made for a snowmobile or all-terrain vehicle
 24 21 last previously registered or titled in another state or
 24 22 foreign country, the application shall contain this
 24 23 information and any other information the department requires.
 24 24    4.  If a dealer buys or acquires a snowmobile or all-
 24 25 terrain vehicle for resale, the dealer shall report the
 24 26 acquisition to the county recorder on forms provided by the
 24 27 department and may apply for and obtain a certificate of title
 24 28 as provided in this chapter.  If a dealer buys or acquires a
 24 29 used snowmobile or all-terrain vehicle, the dealer may apply
 24 30 for a certificate of title in the dealer's name within thirty
 24 31 days.  If a dealer buys or acquires a new snowmobile or all-
 24 32 terrain vehicle for resale, the dealer may apply for a
 24 33 certificate of title in the dealer's name.
 24 34    5.  A manufacturer or dealer shall not transfer ownership
 24 35 of a new snowmobile or new all-terrain vehicle without
 25  1 supplying the transferee with the manufacturer's or importer's
 25  2 certificate of origin signed by the manufacturer's or
 25  3 importer's authorized agent.  The certificate shall contain
 25  4 information the department requires.  The department may adopt
 25  5 rules providing for the issuance of a certificate of origin
 25  6 for a snowmobile or all-terrain vehicle by the department upon
 25  7 good cause shown by the owner.
 25  8    6.  A dealer transferring ownership of a snowmobile or all-
 25  9 terrain vehicle under this chapter shall assign the title to
 25 10 the new owner, or in the case of a new snowmobile or new all-
 25 11 terrain vehicle, assign the certificate of origin.  Within
 25 12 fifteen days the dealer shall forward all moneys and
 25 13 applications to the county recorder.
 25 14    7.  The county recorder shall maintain a record of any
 25 15 certificate of title which the county recorder issues and
 25 16 shall keep each certificate of title on record until the
 25 17 certificate of title has been inactive for five years.  When
 25 18 issuing a title for a new snowmobile or new all-terrain
 25 19 vehicle, the county recorder shall obtain and keep on file the
 25 20 certificate of origin.  When issuing a title and registration
 25 21 for a used snowmobile or all-terrain vehicle for which there
 25 22 is no title or registration, the county recorder shall obtain
 25 23 and keep on file the affidavit for the unregistered and
 25 24 untitled snowmobile or all-terrain vehicle.
 25 25    8.  Once titled, a person shall not sell or transfer
 25 26 ownership of a snowmobile or all-terrain vehicle without
 25 27 delivering to the purchaser or transferee a certificate of
 25 28 title with an assignment on it showing title in the purchaser
 25 29 or transferee.  A person shall not purchase or otherwise
 25 30 acquire a snowmobile or all-terrain vehicle without obtaining
 25 31 a certificate of title for it in that person's name.
 25 32    9.  If the county recorder is not satisfied as to the
 25 33 ownership of the snowmobile or all-terrain vehicle or that
 25 34 there are no undisclosed security interests in the snowmobile
 25 35 or all-terrain vehicle, the county recorder may issue a
 26  1 certificate of title for the snowmobile or all-terrain vehicle
 26  2 but, as a condition of such issuance, may require the
 26  3 applicant to file with the department a bond in the form
 26  4 prescribed by the department and executed by the applicant,
 26  5 and also executed by a person authorized to conduct a surety
 26  6 business in this state.  The form and amount of the bond shall
 26  7 be established by rule of the department.  The bond shall be
 26  8 conditioned to indemnify any prior owner and secured party and
 26  9 any subsequent purchaser of the snowmobile or all-terrain
 26 10 vehicle or person acquiring any security interest in the
 26 11 snowmobile or all-terrain vehicle, and their respective
 26 12 successors in interest, against any expense, loss, or damage,
 26 13 including reasonable attorney fees, by reason of the issuance
 26 14 of the certificate of title of the snowmobile or all-terrain
 26 15 vehicle or on account of any defect in or undisclosed security
 26 16 interest upon the right, title, and interest of the applicant
 26 17 in and to the snowmobile or all-terrain vehicle.  Any such
 26 18 interested person has a right of action to recover on the bond
 26 19 for any breach of its conditions, but the aggregate liability
 26 20 of the surety to all persons shall not exceed the amount of
 26 21 the bond.  The bond shall be returned at the end of three
 26 22 years or prior thereto if the snowmobile or all-terrain
 26 23 vehicle is no longer registered in this state and the
 26 24 certificate of title is surrendered to the department, unless
 26 25 the department has been notified of the pendency of an action
 26 26 to recover on the bond.
 26 27    10.  The county recorder shall transmit a copy of the
 26 28 certificate of title to the department, which shall be the
 26 29 central repository of title information for snowmobiles and
 26 30 all-terrain vehicles.
 26 31    Sec. 39.  Section 321G.30, subsection 5, Code 2003, is
 26 32 amended to read as follows:
 26 33    5.  Five dollars of the certificate of title fees collected
 26 34 under this section shall be remitted by the county recorder to
 26 35 the treasurer of state for deposit in the special conservation
 27  1 snowmobile fund created under section 321G.7.  The remaining
 27  2 five dollars shall be retained by the county and deposited
 27  3 into the general fund of the county.
 27  4    Sec. 40.  Section 321G.31, Code 2003, is amended to read as
 27  5 follows:
 27  6    321G.31  TRANSFER OR REPOSSESSION OF SNOWMOBILE OR ALL-
 27  7 TERRAIN VEHICLE BY OPERATION OF LAW.
 27  8    1.  If ownership of a snowmobile or all-terrain vehicle is
 27  9 transferred by operation of law, such as by inheritance, order
 27 10 in bankruptcy, insolvency, replevin, or execution sale, the
 27 11 transferee, within thirty days after acquiring the right to
 27 12 possession of the snowmobile or all-terrain vehicle, shall
 27 13 mail or deliver to the county recorder satisfactory proof of
 27 14 ownership as the county recorder requires, together with an
 27 15 application for a new certificate of title, and the required
 27 16 fee.
 27 17    2.  If a lienholder repossesses a snowmobile or all-terrain
 27 18 vehicle by operation of law and holds it for resale, the
 27 19 lienholder shall secure a new certificate of title and shall
 27 20 pay the required fee.
 27 21    Sec. 41.  Section 321G.32, subsection 1, unnumbered
 27 22 paragraph 1, Code 2003, is amended to read as follows:
 27 23    A security interest created in this state in a snowmobile
 27 24 or all-terrain vehicle is not perfected until the security
 27 25 interest is noted on the certificate of title.
 27 26    Sec. 42.  Section 321G.32, subsection 1, paragraph b, Code
 27 27 2003, is amended to read as follows:
 27 28    b.  The application fee for a security interest is ten
 27 29 dollars.  Five dollars of the fee shall be credited to the
 27 30 special conservation snowmobile fund created under section
 27 31 321G.7.  The remaining five dollars shall be retained by the
 27 32 county and deposited into the general fund of the county.
 27 33    Sec. 43.  Section 321G.33, Code Supplement 2003, is amended
 27 34 to read as follows:
 27 35    321G.33  VEHICLE IDENTIFICATION NUMBER.
 28  1    1.  The department may assign a distinguishing number to an
 28  2 all-terrain vehicle or a snowmobile when the serial number on
 28  3 the all-terrain vehicle or snowmobile is destroyed or
 28  4 obliterated and issue to the owner a special plate bearing the
 28  5 distinguishing number which shall be affixed to the all-
 28  6 terrain vehicle or snowmobile in a position to be determined
 28  7 by the department.  The all-terrain vehicle or snowmobile
 28  8 shall be registered and titled under the distinguishing number
 28  9 in lieu of the former serial number.  Every all-terrain
 28 10 vehicle or snowmobile shall have a vehicle identification
 28 11 number assigned and affixed as required by the department.
 28 12    2.  The commission shall adopt, by rule, the procedures for
 28 13 application and for issuance of a vehicle identification
 28 14 number for homebuilt all-terrain vehicles or snowmobiles.
 28 15    3.  A person shall not destroy, remove, alter, cover, or
 28 16 deface the manufacturer's vehicle identification number, the
 28 17 plate bearing it, or any vehicle identification number the
 28 18 department assigns to an all-terrain vehicle or a snowmobile
 28 19 without the department's permission.
 28 20    4.  A person other than a manufacturer who constructs or
 28 21 rebuilds an all-terrain vehicle or a snowmobile for which
 28 22 there is no legible vehicle identification number shall submit
 28 23 to the department an affidavit which describes the all-terrain
 28 24 vehicle or snowmobile.  In cooperation with the county
 28 25 recorder, the department shall assign a vehicle identification
 28 26 number to the all-terrain vehicle or snowmobile.  The
 28 27 applicant shall permanently affix the vehicle identification
 28 28 number to the all-terrain vehicle or snowmobile in a manner
 28 29 that such alteration, removal, or replacement of the vehicle
 28 30 identification number would be obvious.
 28 31    Sec. 44.  NEW SECTION.  321I.1  DEFINITIONS.
 28 32    As used in this chapter, unless the context otherwise
 28 33 requires:
 28 34    1.  "All-terrain vehicle" means a motorized flotation-tire
 28 35 vehicle with not less than three low-pressure tires, but not
 29  1 more than six low-pressure tires, or a two-wheeled off-road
 29  2 motorcycle, that is limited in engine displacement to less
 29  3 than eight hundred cubic centimeters and in total dry weight
 29  4 to less than eight hundred fifty pounds and that has a seat or
 29  5 saddle designed to be straddled by the operator and handlebars
 29  6 for steering control.
 29  7    Two-wheeled off-road motorcycles shall be considered all-
 29  8 terrain vehicles for the purpose of registration.  Two-wheeled
 29  9 off-road motorcycles shall also be considered all-terrain
 29 10 vehicles for the purpose of titling if a title has not
 29 11 previously been issued pursuant to chapter 321.  An operator
 29 12 of a two-wheeled off-road motorcycle is exempt from the safety
 29 13 instruction and certification program requirements of sections
 29 14 321I.24 and 321I.25.
 29 15    2.  ""A" scale" means the physical scale marked "A"
 29 16 graduated in decibels on a sound level meter which meets the
 29 17 requirements of the American national standards institute,
 29 18 incorporated, publication S1.4-1961, general purpose sound
 29 19 level meters.
 29 20    3.  "Commission" means the natural resource commission of
 29 21 the department.
 29 22    4.  "Dealer" means a person engaged in the business of
 29 23 buying, selling, or exchanging all-terrain vehicles required
 29 24 to be registered under this chapter and who has an established
 29 25 place of business for that purpose in this state.
 29 26    5.  "Department" means the department of natural resources.
 29 27    6.  "Established place of business" means the place
 29 28 actually occupied either continuously or at regular periods by
 29 29 a dealer or manufacturer where the books and records are kept
 29 30 and the dealer's or manufacturer's business is primarily
 29 31 transacted.
 29 32    7.  "Manufacturer" means a person engaged in the business
 29 33 of constructing or assembling all-terrain vehicles required to
 29 34 be registered under this chapter and who has an established
 29 35 place of business for that purpose in this state.
 30  1    8.  "Nonambulatory person" means an individual with
 30  2 paralysis of the lower half of the body with the involvement
 30  3 of both legs, usually caused by disease of or injury to the
 30  4 spinal cord, or caused by the loss of both legs or the loss of
 30  5 a part of both legs.
 30  6    9.  "Nonresident" means a person who is not a resident of
 30  7 this state.
 30  8    10.  "Operate" means to ride in or on, other than as a
 30  9 passenger, use, or control the operation of an all-terrain
 30 10 vehicle in any manner, whether or not the all-terrain vehicle
 30 11 is moving.
 30 12    11.  "Operator" means a person who operates or is in actual
 30 13 physical control of an all-terrain vehicle.
 30 14    12.  "Owner" means a person, other than a lienholder,
 30 15 having the property right in or title to an all-terrain
 30 16 vehicle.  The term includes a person entitled to the use or
 30 17 possession of an all-terrain vehicle subject to an interest in
 30 18 another person, reserved or created by agreement and securing
 30 19 payment or performance of an obligation, but the term excludes
 30 20 a lessee under a lease not intended as security.
 30 21    13.  "Person" means an individual, partnership, firm,
 30 22 corporation, association, and the state, its agencies, and
 30 23 political subdivisions.
 30 24    14.  "Public land" means land owned by the federal
 30 25 government, the state, or political subdivisions of the state
 30 26 and land acquired or developed for public recreation pursuant
 30 27 to section 321I.8.
 30 28    15.  "Railroad right-of-way" means the full width of
 30 29 property owned, leased, or subject to easement for railroad
 30 30 purposes and is not limited to those areas on which tracks are
 30 31 located.
 30 32    16.  "Resident" means a person who meets the requirements
 30 33 for residency described in section 321.1A.
 30 34    17.  "Roadway" means that portion of a highway improved,
 30 35 designed, or ordinarily used for vehicular travel.
 31  1    18.  "Safety certificate" means an all-terrain vehicle
 31  2 safety certificate, approved by the commission, issued to a
 31  3 qualified applicant who is twelve years of age or older.
 31  4    19.  "Snowmobile" means the same as defined in section
 31  5 321G.1.
 31  6    20.  "Special event" means an organized race, exhibition,
 31  7 or demonstration of limited duration which is conducted on
 31  8 public land or ice under the jurisdiction of the commission
 31  9 according to a prearranged schedule and in which general
 31 10 public interest is manifested.
 31 11    21.  "Street" or "highway" means the entire width between
 31 12 property lines of every way or place of whatever nature when
 31 13 any part thereof is open to the use of the public, as a matter
 31 14 of right, for purposes of vehicular travel, except in public
 31 15 areas in which the boundary shall be thirty-three feet each
 31 16 side of the center line of the roadway.
 31 17    Sec. 45.  NEW SECTION.  321I.2  RULES.
 31 18    The commission may adopt rules for the following purposes:
 31 19    1.  Registration and titling of all-terrain vehicles.
 31 20    2.  Use of all-terrain vehicles as far as game and fish
 31 21 resources or habitats are affected.
 31 22    3.  Use of all-terrain vehicles on public lands under the
 31 23 jurisdiction of the commission.
 31 24    4.  Use of all-terrain vehicles on any waters of the state
 31 25 under the jurisdiction of the commission, while the waters are
 31 26 frozen.
 31 27    5.  Establishment of a program of grants, subgrants, and
 31 28 contracts to be administered by the department for the
 31 29 development and delivery of certified courses of instruction
 31 30 for the safe use and operation of all-terrain vehicles by
 31 31 political subdivisions and incorporated private organizations.
 31 32    6.  Issuance of safety certificates.
 31 33    7.  Issuance of competition registrations and the
 31 34 participation of all-terrain vehicles so registered in special
 31 35 events.
 32  1    8.  Issuance of annual user permits for nonresidents and
 32  2 establishment of administrative fees for the issuance of the
 32  3 permits.
 32  4    The director of transportation may adopt rules not
 32  5 inconsistent with this chapter regulating the use of all-
 32  6 terrain vehicles on streets and highways.  Cities may
 32  7 designate streets under the jurisdiction of cities within
 32  8 their respective corporate limits which may be used for the
 32  9 sport of driving all-terrain vehicles.
 32 10    In adopting the rules, consideration shall be given to the
 32 11 need to protect the environment and the public health, safety,
 32 12 and welfare; to protect private property, public parks, and
 32 13 other public lands; to protect wildlife and wildlife habitat;
 32 14 and to promote uniformity of rules relating to the use,
 32 15 operation, and equipment of all-terrain vehicles.  The rules
 32 16 shall be in conformance with chapter 17A.
 32 17    Sec. 46.  NEW SECTION.  321I.3  REGISTRATION AND NUMBERING
 32 18 REQUIRED.
 32 19    1.  Each all-terrain vehicle used on public land or ice of
 32 20 this state shall be currently registered and numbered.  A
 32 21 person shall not operate, maintain, or give permission for the
 32 22 operation or maintenance of an all-terrain vehicle on public
 32 23 land or ice unless the all-terrain vehicle is numbered in
 32 24 accordance with this chapter or applicable federal laws, or
 32 25 unless the all-terrain vehicle displays a current annual user
 32 26 permit for the all-terrain vehicle.  If the all-terrain
 32 27 vehicle is required to be registered in this state, the
 32 28 identifying number set forth in the registration shall be
 32 29 displayed as prescribed by rules of the commission.
 32 30    2.  A registration number shall be assigned, without
 32 31 payment of fee, to all-terrain vehicles owned by the state of
 32 32 Iowa or its political subdivisions upon application for the
 32 33 number, and the assigned registration number shall be
 32 34 displayed on the all-terrain vehicle as required under section
 32 35 321I.6.  A registration number and certificate shall be
 33  1 assigned, without payment of fee, to an all-terrain vehicle
 33  2 which is exempt from registration but is being titled.  A
 33  3 decal displaying an audit number shall not be issued and the
 33  4 registration shall not expire while the all-terrain vehicle is
 33  5 exempt.  The application for registration shall indicate the
 33  6 reason for exemption from the fee.  The registration
 33  7 certificate shall indicate the reason for exemption.
 33  8    Sec. 47.  NEW SECTION.  321I.4  REGISTRATION WITH COUNTY
 33  9 RECORDER – FEE.
 33 10    The owner of each all-terrain vehicle required to be
 33 11 numbered shall register it annually with the county recorder
 33 12 of the county in which the owner resides or, if the owner is a
 33 13 nonresident, the owner shall register it in the county in
 33 14 which the all-terrain vehicle is principally used.  The
 33 15 commission has supervisory responsibility over the
 33 16 registration of all-terrain vehicles and shall provide each
 33 17 county recorder with registration forms and certificates and
 33 18 shall allocate registration numbers to each county.
 33 19    The owner of the all-terrain vehicle shall file an
 33 20 application for registration with the appropriate county
 33 21 recorder on forms provided by the commission.  The application
 33 22 shall be completed and signed by the owner of the all-terrain
 33 23 vehicle and shall be accompanied by a fee of fifteen dollars
 33 24 and a writing fee.  An all-terrain vehicle shall not be
 33 25 registered by the county recorder until the county recorder is
 33 26 presented with receipts, bills of sale, or other satisfactory
 33 27 evidence that the sales or use tax has been paid for the
 33 28 purchase of the all-terrain vehicle or that the owner is
 33 29 exempt from paying the tax.  An all-terrain vehicle that has
 33 30 an expired registration certificate from another state may be
 33 31 registered in this state upon proper application, payment of
 33 32 all applicable registration and writing fees, and payment of a
 33 33 penalty of five dollars.
 33 34    Upon receipt of the application in approved form
 33 35 accompanied by the required fees, the county recorder shall
 34  1 enter it upon the records and shall issue to the applicant a
 34  2 registration certificate.  The certificate shall be executed
 34  3 in triplicate, one copy to be delivered to the owner, one copy
 34  4 to the commission, and one copy to be retained on file by the
 34  5 county recorder.  The registration certificate shall bear the
 34  6 number awarded to the all-terrain vehicle and the name and
 34  7 address of the owner.  The registration certificate shall be
 34  8 carried either in the all-terrain vehicle or on the person of
 34  9 the operator of the all-terrain vehicle when in use.  The
 34 10 operator of an all-terrain vehicle shall exhibit the
 34 11 registration certificate to a peace officer upon request, to a
 34 12 person injured in an accident involving an all-terrain
 34 13 vehicle, to the owner or operator of another all-terrain
 34 14 vehicle or the owner of personal or real property when the
 34 15 all-terrain vehicle is involved in a collision or accident of
 34 16 any nature with another all-terrain vehicle or the property of
 34 17 another person, or to the property owner or tenant when the
 34 18 all-terrain vehicle is being operated on private property
 34 19 without permission from the property owner or tenant.
 34 20    If an all-terrain vehicle is placed in storage, the owner
 34 21 shall return the current registration certificate to the
 34 22 county recorder with an affidavit stating that the all-terrain
 34 23 vehicle is placed in storage and the effective date of
 34 24 storage.  The county recorder shall notify the commission of
 34 25 each all-terrain vehicle placed in storage.  When the owner of
 34 26 a stored all-terrain vehicle desires to renew the
 34 27 registration, the owner shall make application to the county
 34 28 recorder and pay the registration and writing fees without
 34 29 penalty.  A refund of the registration fee shall not be
 34 30 allowed for a stored all-terrain vehicle.
 34 31    Sec. 48.  NEW SECTION.  321I.5  NONRESIDENT USER PERMITS.
 34 32    A nonresident wishing to operate an all-terrain vehicle,
 34 33 other than an all-terrain vehicle owned by a resident and
 34 34 registered pursuant to this chapter, on public land or ice of
 34 35 this state shall first obtain a user permit from the
 35  1 department.  A user permit shall be issued for the all-terrain
 35  2 vehicle specified at the time of application and is not
 35  3 transferable.  A user permit shall be valid for the calendar
 35  4 year specified in the permit.
 35  5    User permits may be issued by a county recorder or a
 35  6 license depositary pursuant to rules adopted by the
 35  7 commission.  The fee for a user permit shall be fifteen
 35  8 dollars plus an administrative fee established by the
 35  9 commission.  A county recorder shall retain a writing fee of
 35 10 one dollar from the sale of each user permit issued by the
 35 11 county recorder's office.  The writing fees retained by the
 35 12 county recorder shall be deposited in the general fund of the
 35 13 county.  A license depositary designated by the director
 35 14 pursuant to section 483A.11 shall retain a writing fee of one
 35 15 dollar from the sale of each permit issued by the agent.
 35 16    Sec. 49.  NEW SECTION.  321I.6  DISPLAY OF IDENTIFICATION
 35 17 NUMBERS.
 35 18    The owner shall display the identification number on an
 35 19 all-terrain vehicle in the manner prescribed by rules of the
 35 20 commission.
 35 21    Sec. 50.  NEW SECTION.  321I.7  REGISTRATION – RENEWAL –
 35 22 TRANSFER.
 35 23    1.  a.  Every all-terrain vehicle registration certificate
 35 24 and number issued expires at midnight December 31 unless
 35 25 sooner terminated or discontinued in accordance with this
 35 26 chapter.  After the first day of September each year, an
 35 27 unregistered all-terrain vehicle may be registered or a
 35 28 registration may be renewed for the subsequent year beginning
 35 29 January 1.
 35 30    b.  After the first day of September an unregistered all-
 35 31 terrain vehicle may be registered for the remainder of the
 35 32 current registration year and for the subsequent registration
 35 33 year in one transaction.  The fee shall be five dollars for
 35 34 the remainder of the current year, in addition to the
 35 35 registration fee of fifteen dollars for the subsequent year
 36  1 beginning January 1, and a writing fee.  Registration
 36  2 certificates and numbers may be renewed upon application of
 36  3 the owner in the same manner as provided in securing the
 36  4 original registration.  The all-terrain vehicle registration
 36  5 fee is in lieu of personal property tax for each year of the
 36  6 registration.
 36  7    2.  An expired all-terrain vehicle registration may be
 36  8 renewed for the same fee as if the owner is securing the
 36  9 original registration plus a penalty of five dollars and a
 36 10 writing fee.
 36 11    3.  When a person, after registering an all-terrain
 36 12 vehicle, moves from the address shown on the registration
 36 13 certificate, the person shall, within thirty days, notify the
 36 14 county recorder in writing of the move and the person's new
 36 15 address.
 36 16    4.  Upon the transfer of ownership of an all-terrain
 36 17 vehicle, the owner shall complete the form on the back of the
 36 18 title, if any, and registration, if any, and deliver both to
 36 19 the purchaser or transferee when the all-terrain vehicle is
 36 20 delivered.  If the all-terrain vehicle is not titled, the
 36 21 owner shall complete the form on the back of the current
 36 22 registration certificate and shall deliver the certificate to
 36 23 the purchaser or transferee at the time of delivering the all-
 36 24 terrain vehicle.  If the all-terrain vehicle has not been
 36 25 titled and has not been registered, the owner shall deliver an
 36 26 affidavit for an unregistered and untitled all-terrain vehicle
 36 27 to the purchaser or transferee.  The purchaser or transferee
 36 28 shall, within thirty days of transfer, file a new application
 36 29 form with the county recorder with a fee of one dollar and the
 36 30 writing fee, and a transfer of number shall be awarded in the
 36 31 same manner as provided in an original registration.  If the
 36 32 purchaser or transferee does not file a new application form
 36 33 within thirty days of transfer, the transfer of number shall
 36 34 be awarded upon payment of all applicable fees plus a penalty
 36 35 of five dollars.
 37  1    All registrations must be valid for the current
 37  2 registration period prior to the transfer of any registration,
 37  3 including assignment to a dealer.
 37  4    5.  Duplicate registrations may be issued upon application
 37  5 to the county recorder and the payment of the same fees
 37  6 collected for the transfer of registrations.
 37  7    6.  A motorcycle, as defined in section 321.1, subsection
 37  8 40, paragraph "a", may be registered as an all-terrain vehicle
 37  9 as provided in this section.  A motorcycle registered as an
 37 10 all-terrain vehicle may participate in all programs
 37 11 established for all-terrain vehicles under this chapter except
 37 12 for the safety instruction and certification program.
 37 13    Sec. 51.  NEW SECTION.  321I.8  FEES REMITTED TO COMMISSION
 37 14 – APPROPRIATION.
 37 15    Within ten days after the end of each month, a county
 37 16 recorder shall remit to the commission the all-terrain vehicle
 37 17 fees collected by the recorder during the previous month.
 37 18 Before January 10 of each year, a recorder shall remit to the
 37 19 commission unused license forms from the previous year.
 37 20    The department shall remit the fees, including user fees
 37 21 collected pursuant to section 321I.5, to the treasurer of
 37 22 state, who shall place the money in a special all-terrain
 37 23 vehicle fund.  The money is appropriated to the department for
 37 24 the all-terrain vehicle programs of the state.  The programs
 37 25 shall include grants, subgrants, contracts, or cost-sharing of
 37 26 all-terrain vehicle programs with political subdivisions or
 37 27 incorporated private organizations or both in accordance with
 37 28 rules adopted by the commission.  All-terrain vehicle fees may
 37 29 be used for the establishment, maintenance, and operation of
 37 30 all-terrain vehicle recreational riding areas through the
 37 31 awarding of grants administered by the department.  All-
 37 32 terrain vehicle recreational riding areas established,
 37 33 maintained, or operated by the use of such grants shall not be
 37 34 operated for profit.  All programs using cost-sharing, grants,
 37 35 subgrants, or contracts shall establish and implement a safety
 38  1 instruction program either singly or in cooperation with other
 38  2 all-terrain vehicle programs.  All-terrain vehicle fees may be
 38  3 used to support all-terrain vehicle programs on a usage basis.
 38  4 At least fifty percent of the special fund shall be available
 38  5 for political subdivisions or incorporated private
 38  6 organizations or both.  Moneys from the special fund not used
 38  7 by the political subdivisions or incorporated private
 38  8 organizations or both shall remain in the fund and may be used
 38  9 by the department for the administration of the all-terrain
 38 10 vehicle programs.  Notwithstanding section 8.33, moneys in the
 38 11 special fund shall not revert to the general fund of the state
 38 12 at the end of a fiscal year.  Notwithstanding section 12C.7,
 38 13 subsection 2, interest or earnings on moneys in the special
 38 14 fund shall remain in the fund.
 38 15    Sec. 52.  NEW SECTION.  321I.9  EXEMPT VEHICLES.
 38 16    Registration shall not be required for the following
 38 17 described all-terrain vehicles:
 38 18    1.  All-terrain vehicles owned and used by the United
 38 19 States, another state, or a political subdivision of another
 38 20 state.
 38 21    2.  All-terrain vehicles registered in a country other than
 38 22 the United States used within this state for not more than
 38 23 twenty consecutive days.
 38 24    3.  All-terrain vehicles covered by a valid license of
 38 25 another state and which have not been within this state for
 38 26 more than twenty consecutive days.
 38 27    4.  All-terrain vehicles not registered or licensed in
 38 28 another state or country being used in this state while
 38 29 engaged in a special event and not remaining in the state for
 38 30 a period of more than ten days.
 38 31    5.  All-terrain vehicles used in accordance with section
 38 32 321.234A, subsection 1, paragraph "a".
 38 33    6.  All-terrain vehicles used exclusively as farm
 38 34 implements.
 38 35    Sec. 53.  NEW SECTION.  321I.10  OPERATION ON ROADWAYS AND
 39  1 HIGHWAYS – SNOWMOBILE TRAILS.
 39  2    1.  A person shall not operate an all-terrain vehicle upon
 39  3 roadways or highways except as provided in section 321.234A
 39  4 and this section.
 39  5    2.  A registered all-terrain vehicle may be operated on the
 39  6 roadways of that portion of county highways designated by the
 39  7 county board of supervisors for such use during a specified
 39  8 period.  The county board of supervisors shall evaluate the
 39  9 traffic conditions on all county highways and designate
 39 10 roadways on which all-terrain vehicles may be operated for the
 39 11 specified period without unduly interfering with or
 39 12 constituting an undue hazard to conventional motor vehicle
 39 13 traffic.  Signs warning of the operation of all-terrain
 39 14 vehicles on the roadway shall be placed and maintained on the
 39 15 portions of highway thus designated during the period
 39 16 specified for the operation.
 39 17    3.  All-terrain vehicles shall not be operated on
 39 18 snowmobile trails except where designated by the controlling
 39 19 authority and the primary snowmobile trail sponsor.
 39 20    Sec. 54.  NEW SECTION.  321I.11  ACCIDENT REPORTS.
 39 21    If an all-terrain vehicle is involved in an accident
 39 22 resulting in injury or death to anyone or property damage
 39 23 amounting to one thousand dollars or more, either the operator
 39 24 or someone acting for the operator shall immediately notify
 39 25 the county sheriff or another law enforcement agency in the
 39 26 state.  If the accident occurred on public land or ice under
 39 27 the jurisdiction of the commission, the operator shall file
 39 28 with the commission a report of the accident, within seventy-
 39 29 two hours, containing information as the commission may
 39 30 require.  All other accidents shall be reported as required in
 39 31 section 321.266.
 39 32    Sec. 55.  NEW SECTION.  321I.12  MUFFLERS REQUIRED –
 39 33 INSPECTIONS.
 39 34    1.  An all-terrain vehicle shall not be operated without
 39 35 suitable and effective muffling devices which limit engine
 40  1 noise to not more than eighty-six decibels as measured on the
 40  2 "A" scale at a distance of fifty feet.
 40  3    2.  The commission may adopt rules with respect to the
 40  4 inspection of all-terrain vehicles and testing of their
 40  5 mufflers.
 40  6    Sec. 56.  NEW SECTION.  321I.13  HEADLAMP – TAIL LAMP –
 40  7 BRAKES.
 40  8    Every all-terrain vehicle operated during the hours of
 40  9 darkness shall display a lighted headlamp and tail lamp.
 40 10 Every all-terrain vehicle shall be equipped with brakes.
 40 11    Sec. 57.  NEW SECTION.  321I.14  UNLAWFUL OPERATION.
 40 12    1.  A person shall not drive or operate an all-terrain
 40 13 vehicle:
 40 14    a.  At a rate of speed greater than reasonable or proper
 40 15 under all existing circumstances.
 40 16    b.  In a careless, reckless, or negligent manner so as to
 40 17 endanger the person or property of another or to cause injury
 40 18 or damage thereto.
 40 19    c.  While under the influence of intoxicating liquor or
 40 20 narcotics or habit-forming drugs.
 40 21    d.  Without a lighted headlight and taillight from sunset
 40 22 to sunrise and at such other times when conditions provide
 40 23 insufficient lighting to render clearly discernible persons
 40 24 and vehicles at a distance of five hundred feet ahead.
 40 25    e.  In any tree nursery or planting in a manner which
 40 26 damages or destroys growing stock.
 40 27    f.  On any public land, ice, or snow, in violation of
 40 28 official signs of the commission prohibiting such operation in
 40 29 the interest of safety for persons, property, or the
 40 30 environment.  Any officer appointed by the commission may post
 40 31 an official sign in an emergency for the protection of
 40 32 persons, property, or the environment.
 40 33    g.  In or on any park or fish and game areas except on
 40 34 designated all-terrain vehicle trails.
 40 35    h.  Upon an operating railroad right-of-way.  An all-
 41  1 terrain vehicle may be driven directly across a railroad
 41  2 right-of-way only at an established crossing and,
 41  3 notwithstanding any other provisions of law, may, if
 41  4 necessary, use the improved portion of the established
 41  5 crossing after yielding to all oncoming traffic.  This
 41  6 paragraph does not apply to a law enforcement officer or
 41  7 railroad employee in the lawful discharge of the officer's or
 41  8 employee's duties or to an employee of a utility with
 41  9 authority to enter upon the railroad right-of-way in the
 41 10 lawful performance of the employee's duties.
 41 11    2.  A person shall not operate or ride an all-terrain
 41 12 vehicle with a firearm in the person's possession unless it is
 41 13 unloaded and enclosed in a carrying case.  However, a
 41 14 nonambulatory person may carry an uncased and unloaded firearm
 41 15 while operating or riding an all-terrain vehicle.
 41 16    3.  A person shall not operate an all-terrain vehicle with
 41 17 more persons on the vehicle than it was designed to carry.
 41 18    Sec. 58.  NEW SECTION.  321I.15  PENALTY.
 41 19    A person who violates this chapter or a rule of the
 41 20 commission or director of transportation is guilty of a simple
 41 21 misdemeanor.
 41 22    Chapter 232 shall have no application in the prosecution of
 41 23 offenses which are committed in violation of this chapter, and
 41 24 which constitute simple misdemeanors.
 41 25    Sec. 59.  NEW SECTION.  321I.16  OPERATION PENDING
 41 26 REGISTRATION.
 41 27    The commission shall furnish all-terrain vehicle dealers
 41 28 with pasteboard cards bearing the words "registration applied
 41 29 for" and space for the date of purchase.  An unregistered all-
 41 30 terrain vehicle sold by a dealer shall bear one of these cards
 41 31 which entitles the purchaser to operate it for ten days
 41 32 immediately following the purchase.  The purchaser of a
 41 33 registered all-terrain vehicle may operate it for ten days
 41 34 immediately following the purchase, without having completed a
 41 35 transfer of registration.  An all-terrain vehicle dealer shall
 42  1 make application and pay all registration and title fees if
 42  2 applicable on behalf of the purchaser of an all-terrain
 42  3 vehicle.
 42  4    Sec. 60.  NEW SECTION.  321I.17  SPECIAL EVENTS.
 42  5    The department may authorize the holding of organized
 42  6 special events as defined in this chapter within this state.
 42  7 The department shall adopt rules relating to the conduct of
 42  8 special events held under department permits and designating
 42  9 the equipment and facilities necessary for safe operation of
 42 10 all-terrain vehicles or for the safety of operators,
 42 11 participants, and observers in the special events.  A special
 42 12 event for all-terrain vehicles may include motorcycles upon
 42 13 payment of an entrance fee set by the organizer of the special
 42 14 event.  The department may require that part of the motorcycle
 42 15 entrance fee be credited to pay costs of all-terrain vehicle
 42 16 programs authorized pursuant to section 321I.8.  At least
 42 17 thirty days before the scheduled date of a special event in
 42 18 this state, an application shall be filed with the department
 42 19 for authorization to conduct the special event.  The
 42 20 application shall set forth the date, time, and location of
 42 21 the proposed special event and any other information the
 42 22 department requires.  The special event shall not be conducted
 42 23 without written authorization of the department.  Copies of
 42 24 the rules shall be furnished by the department to any person
 42 25 making an application.
 42 26    Sec. 61.  NEW SECTION.  321I.18  VIOLATION OF STOP SIGNAL.
 42 27    A person, after having received a visual or audible signal
 42 28 from a peace officer to come to a stop, shall not operate an
 42 29 all-terrain vehicle in willful or wanton disregard of the
 42 30 signal or interfere with or endanger the officer or any other
 42 31 person or vehicle, or increase speed or attempt to flee or
 42 32 elude the officer.
 42 33    Sec. 62.  NEW SECTION.  321I.19  NEGLIGENCE.
 42 34    The owner and operator of an all-terrain vehicle are liable
 42 35 for any injury or damage occasioned by the negligent operation
 43  1 of the all-terrain vehicle.  The owner of an all-terrain
 43  2 vehicle shall be liable for any such injury or damage only if
 43  3 the owner was the operator of the all-terrain vehicle at the
 43  4 time the injury or damage occurred or if the operator had the
 43  5 owner's consent to operate the all-terrain vehicle at the time
 43  6 the injury or damage occurred.
 43  7    Sec. 63.  NEW SECTION.  321I.20  RENTED ALL-TERRAIN
 43  8 VEHICLES.
 43  9    1.  The owner of a rented all-terrain vehicle shall keep a
 43 10 record of the name and address of each person renting the all-
 43 11 terrain vehicle, its registration number, the departure date
 43 12 and time, and the expected time of return.  The records shall
 43 13 be preserved for six months.
 43 14    2.  The owner of an all-terrain vehicle operated for hire
 43 15 shall not permit the use or operation of a rented all-terrain
 43 16 vehicle unless it has been provided with all equipment
 43 17 required by this chapter or rules of the commission or the
 43 18 director of transportation, properly installed and in good
 43 19 working order.
 43 20    Sec. 64.  NEW SECTION.  321I.21  MINORS UNDER TWELVE.
 43 21    A person under twelve years of age shall not operate an
 43 22 all-terrain vehicle on public lands unless the person is
 43 23 taking a prescribed safety training course under the direct
 43 24 supervision of a certified all-terrain vehicle safety
 43 25 instructor and a parent or guardian.
 43 26    Sec. 65.  NEW SECTION.  321I.22  MANUFACTURER, DISTRIBUTOR,
 43 27 OR DEALER – SPECIAL REGISTRATION.
 43 28    1.  A manufacturer, distributor, or dealer owning an all-
 43 29 terrain vehicle required to be registered under this chapter
 43 30 may operate the all-terrain vehicle for purposes of
 43 31 transporting, testing, demonstrating, or selling it without
 43 32 the all-terrain vehicle being registered, except that a
 43 33 special identification number issued to the owner as provided
 43 34 in this chapter shall be displayed on the all-terrain vehicle.
 43 35 The special identification number shall not be used on an all-
 44  1 terrain vehicle offered for hire or for any work or service
 44  2 performed by a manufacturer, distributor, or dealer.
 44  3    2.  Any manufacturer, distributor, or dealer may, upon
 44  4 payment of a fee of fifteen dollars, make application to the
 44  5 commission, upon forms prescribed by the commission, for a
 44  6 special registration certificate containing a general
 44  7 identification number and for one or more duplicate special
 44  8 registration certificates.  The applicant shall submit
 44  9 reasonable proof of the applicant's status as a bona fide
 44 10 manufacturer, distributor, or dealer as may be required by the
 44 11 commission.
 44 12    3.  The commission, upon granting an application, shall
 44 13 issue to the applicant a special registration certificate
 44 14 containing the applicant's name and address, the general
 44 15 identification number assigned to the applicant, the word
 44 16 "manufacturer", "dealer", or "distributor", and other
 44 17 information the commission prescribes.  The manufacturer,
 44 18 distributor, or dealer shall have the assigned number printed
 44 19 upon or attached to a removable sign or signs which may be
 44 20 temporarily but firmly mounted or attached to the all-terrain
 44 21 vehicle being used.  The display shall meet the requirements
 44 22 of this chapter and the rules of the commission.
 44 23    4.  The commission shall also issue duplicate special
 44 24 registration certificates which shall have displayed thereon
 44 25 the general identification number assigned to the applicant.
 44 26 Each duplicate registration certificate so issued shall
 44 27 contain a number or symbol identifying it from every other
 44 28 duplicate special registration certificate bearing the same
 44 29 general identification number.  The fee for each additional
 44 30 duplicate special registration certificate shall be two
 44 31 dollars.
 44 32    5.  Each special registration certificate issued hereunder
 44 33 shall expire on December 31 of each year, and a new special
 44 34 registration certificate for the ensuing twelve months may be
 44 35 obtained upon application to the commission and payment of the
 45  1 fee provided by law.
 45  2    6.  Every manufacturer, distributor, or dealer shall keep a
 45  3 written record of the all-terrain vehicles upon which special
 45  4 registration certificates are used, which record shall be open
 45  5 to inspection by any law enforcement officer or any officer or
 45  6 employee of the commission.
 45  7    7.  If a manufacturer, distributor, or dealer has an
 45  8 established place of business in more than one location, the
 45  9 manufacturer, distributor, or dealer shall secure a separate
 45 10 and distinct special registration certificate and general
 45 11 identification number for each place of business.
 45 12    8.  Dealers using special certificates under this chapter
 45 13 shall, before January 10 of each year, furnish the commission
 45 14 with a list of all used all-terrain vehicles held by them for
 45 15 sale or trade, and upon which the registration fee for the
 45 16 current year has not been paid, giving the previous
 45 17 registration number, name of previous owner at the time the
 45 18 all-terrain vehicle was transferred to the dealer, and other
 45 19 information the commission requires.
 45 20    9.  If the purchaser or transferee of an all-terrain
 45 21 vehicle is a dealer who holds the same for resale and operates
 45 22 the all-terrain vehicle only for purposes incidental to a
 45 23 resale and displays the special dealer's certificate, or does
 45 24 not operate the all-terrain vehicle or permit it to be
 45 25 operated, the transferee is not required to obtain a new
 45 26 registration certificate but upon transferring title or
 45 27 interest to another person shall sign the reverse side of the
 45 28 title, if any, and the registration certificate of the all-
 45 29 terrain vehicle indicating the name and address of the new
 45 30 purchaser.  A dealer shall make application and pay all
 45 31 registration and title fees if applicable on behalf of the
 45 32 purchaser of an all-terrain vehicle.  The recorder shall award
 45 33 a transfer of the registration number.  If the registration
 45 34 has expired while in the dealer's possession, the purchaser
 45 35 may renew the registration for the same fee and writing fee as
 46  1 if the purchaser is securing the original registration.
 46  2    10.  When a dealer purchases or otherwise acquires an all-
 46  3 terrain vehicle registered in this state, the dealer shall
 46  4 issue a signed receipt to the previous owner, indicating the
 46  5 date of purchase or acquisition, the name and address of the
 46  6 previous owner, and the registration number of the all-terrain
 46  7 vehicle purchased or acquired.  The original receipt shall be
 46  8 delivered to the previous owner and one copy shall be mailed
 46  9 or delivered by the dealer to the county recorder of the
 46 10 county in which the all-terrain vehicle is registered, and one
 46 11 copy shall be delivered to the commission within forty-eight
 46 12 hours.
 46 13    11.  Nothing in this section shall prohibit a dealer from
 46 14 obtaining a new registration and transfer of registration in
 46 15 the same manner as other purchasers.
 46 16    Sec. 66.  NEW SECTION.  321I.23  LIMITATION OF LIABILITY BY
 46 17 PUBLIC BODIES AND ADJOINING OWNERS.
 46 18    The state, its political subdivisions, and the owners or
 46 19 tenants of property adjoining public lands or the right-of-way
 46 20 of a public highway and their agents and employees owe no duty
 46 21 of care to keep the public lands, ditches, or land contiguous
 46 22 to a highway or roadway under the control of the state or a
 46 23 political subdivision safe for entry or use by persons
 46 24 operating an all-terrain vehicle, or to give any warning of a
 46 25 dangerous condition, use, structure, or activity on the
 46 26 premises to persons entering for such purposes, except in the
 46 27 case of willful or malicious failure to guard or warn against
 46 28 a dangerous condition, use, structure, or activity.  The
 46 29 state, its political subdivisions, and the owners or tenants
 46 30 of property adjoining public lands or the right-of-way of a
 46 31 public highway and their agents and employees are not liable
 46 32 for actions taken to allow or facilitate the use of public
 46 33 lands, ditches, or land contiguous to a highway or roadway
 46 34 except in the case of a willful or malicious failure to guard
 46 35 or warn against a dangerous condition, use, structure, or
 47  1 activity.
 47  2    This section does not create a duty of care or ground of
 47  3 liability on behalf of the state, its political subdivisions,
 47  4 or the owners or tenants of property adjoining public lands or
 47  5 the right-of-way of a public highway and their agents and
 47  6 employees for injury to persons or property in the operation
 47  7 of all-terrain vehicles in a ditch or on land contiguous to a
 47  8 highway or roadway under the control of the state or a
 47  9 political subdivision.  The state, its political subdivisions,
 47 10 and the owners or tenants of property adjoining public lands
 47 11 or the right-of-way of a public highway and their agents and
 47 12 employees are not liable for the operation of an all-terrain
 47 13 vehicle in violation of this chapter.
 47 14    Sec. 67.  NEW SECTION.  321I.23A  RECREATIONAL RIDING AREA
 47 15 – LIMITATION OF LIABILITY OF PRIOR LANDOWNERS.
 47 16    Prior owners of land on which an all-terrain vehicle
 47 17 recreational riding area is established, maintained, or
 47 18 operated owe no duty of care to keep the land safe for entry
 47 19 or use by persons operating an all-terrain vehicle or to give
 47 20 any warning of a dangerous condition, use, structure, or
 47 21 activity on such premises that would make the land unsafe for
 47 22 all-terrain vehicle usage.
 47 23    Sec. 68.  NEW SECTION.  321I.24  COURSE OF INSTRUCTION.
 47 24    1.  The commission shall provide, by rules adopted pursuant
 47 25 to section 321I.2, for the establishment of certified courses
 47 26 of instruction to be conducted throughout the state for the
 47 27 safe use and operation of all-terrain vehicles.  The
 47 28 curriculum shall include instruction in the lawful and safe
 47 29 use, operation, and equipping of all-terrain vehicles
 47 30 consistent with this chapter and rules adopted by the
 47 31 commission and the director of transportation and other
 47 32 matters the commission deems pertinent for a qualified all-
 47 33 terrain vehicle operator.
 47 34    2.  The commission may certify any experienced, qualified
 47 35 operator to be an instructor of a class established under
 48  1 subsection 1.  Each instructor shall be at least eighteen
 48  2 years of age.
 48  3    3.  Upon completion of the course of instruction, the
 48  4 commission shall provide for the administration of a written
 48  5 test to any student who wishes to qualify for a safety
 48  6 certificate.
 48  7    4.  The commission shall provide safety material relating
 48  8 to the operation of all-terrain vehicles for the use of
 48  9 nonpublic or public elementary and secondary schools in this
 48 10 state.
 48 11    Sec. 69.  NEW SECTION.  321I.25  SAFETY CERTIFICATE – FEE.
 48 12    1.  A person under eighteen years of age shall not operate
 48 13 an all-terrain vehicle on public land or ice or land purchased
 48 14 with all-terrain vehicle registration funds in this state
 48 15 without obtaining a valid safety certificate issued by the
 48 16 department and having the certificate in the person's
 48 17 possession.
 48 18    2.  Upon application and payment of a fee of five dollars,
 48 19 a qualified applicant shall be issued a safety certificate
 48 20 which is valid until the certificate is suspended or revoked
 48 21 for a violation of a provision of this chapter or a rule of
 48 22 the commission or the director of transportation.  The
 48 23 application shall be made on forms issued by the commission
 48 24 and shall contain information as the commission may reasonably
 48 25 require.
 48 26    3.  Any person who is required to have a safety certificate
 48 27 under this chapter and who has completed a course of
 48 28 instruction established under section 321I.2, subsection 5,
 48 29 including the successful passage of an examination which
 48 30 includes a written test relating to such course of
 48 31 instruction, shall be considered qualified to apply for a
 48 32 safety certificate.  The commission may waive the requirement
 48 33 of completing such course of instruction if such person
 48 34 successfully passes a written test based on such course of
 48 35 instruction.
 49  1    4.  The permit fees collected under this section shall be
 49  2 credited to the special all-terrain vehicle fund and shall be
 49  3 used for safety and educational programs.
 49  4    5.  A valid all-terrain vehicle safety certificate or
 49  5 license issued to a nonresident by a governmental authority of
 49  6 another state shall be considered a valid certificate or
 49  7 license in this state if the permit or license requirements of
 49  8 the governmental authority, excluding fees, are substantially
 49  9 the same as the requirements of this chapter as determined by
 49 10 the commission.
 49 11    Sec. 70.  NEW SECTION.  321I.26  STOPPING AND INSPECTING –
 49 12 WARNINGS.
 49 13    A peace officer may stop and inspect an all-terrain vehicle
 49 14 operated, parked, or stored on public streets, highways,
 49 15 public lands, or frozen waters of the state to determine if
 49 16 the all-terrain vehicle is registered, numbered, or equipped
 49 17 as required by this chapter and commission rules.  The officer
 49 18 shall not inspect an area that is not essential to determine
 49 19 compliance with the requirements.  If the officer determines
 49 20 that the all-terrain vehicle is not in compliance, the officer
 49 21 may issue a warning memorandum to the operator and forward a
 49 22 copy to the commission.  The warning memorandum shall indicate
 49 23 the items found not in compliance and shall direct the owner
 49 24 or operator of the all-terrain vehicle to have the all-terrain
 49 25 vehicle in compliance and return a copy of the warning
 49 26 memorandum with the proof of compliance to the commission
 49 27 within fourteen days.  If the proof of compliance is not
 49 28 provided within fourteen days, the owner or operator is in
 49 29 violation of this chapter.
 49 30    Sec. 71.  NEW SECTION.  321I.27  TERMINATION OF USE.
 49 31    A person who receives a warning memorandum for an all-
 49 32 terrain vehicle shall stop using the all-terrain vehicle as
 49 33 soon as possible and shall not operate it on public streets,
 49 34 highways, public lands, or frozen waters of the state until
 49 35 the all-terrain vehicle is in compliance.
 50  1    Sec. 72.  NEW SECTION.  321I.28  WRITING FEES.
 50  2    The county recorder shall collect a writing fee of one
 50  3 dollar and twenty-five cents for an all-terrain vehicle
 50  4 registration.
 50  5    Sec. 73.  NEW SECTION.  321I.29  CONSISTENT LOCAL LAWS –
 50  6 SPECIAL LOCAL RULES.
 50  7    1.  This chapter and other applicable laws of this state
 50  8 shall govern the operation, equipment, numbering, and all
 50  9 other matters relating to an all-terrain vehicle when the all-
 50 10 terrain vehicle is operated or maintained in this state.
 50 11 However, this chapter does not prevent the adoption of an
 50 12 ordinance or local law relating to the operation or equipment
 50 13 of all-terrain vehicles.  The ordinances or local laws are
 50 14 operative only so long as they are not inconsistent with this
 50 15 chapter or the rules adopted by the commission.
 50 16    2.  A subdivision of this state, after public notice by
 50 17 publication in a newspaper having a general circulation in the
 50 18 subdivision, may make formal application to the commission for
 50 19 special rules concerning the operation of all-terrain vehicles
 50 20 within the territorial limits of the subdivision and shall
 50 21 provide the commission with the reasons the special rules are
 50 22 necessary.
 50 23    3.  The commission, upon application by local authorities
 50 24 and in conformity with this chapter, may make special rules
 50 25 concerning the operation of all-terrain vehicles within the
 50 26 territorial limits of a subdivision of this state.
 50 27    Sec. 74.  NEW SECTION.  321I.30  OWNER'S CERTIFICATE OF
 50 28 TITLE – IN GENERAL.
 50 29    1.  The owner of an all-terrain vehicle acquired on or
 50 30 after January 1, 2000, other than an all-terrain vehicle used
 50 31 exclusively as a farm implement or a motorcycle previously
 50 32 issued a title pursuant to chapter 321, shall apply to the
 50 33 county recorder of the county in which the owner resides for a
 50 34 certificate of title for the all-terrain vehicle.  The owner
 50 35 of an all-terrain vehicle used exclusively as a farm implement
 51  1 may obtain a certificate of title.  A person who owns an all-
 51  2 terrain vehicle that is not required to have a certificate of
 51  3 title may apply for and receive a certificate of title for the
 51  4 all-terrain vehicle and, subsequently, the all-terrain vehicle
 51  5 shall be subject to the requirements of this chapter as if the
 51  6 all-terrain vehicle were required to be titled.  All all-
 51  7 terrain vehicles that are titled shall be registered.
 51  8    2.  A certificate of title shall contain the information
 51  9 and shall be issued on a form the department prescribes.
 51 10    3.  An owner of an all-terrain vehicle shall apply to the
 51 11 county recorder for issuance of a certificate of title within
 51 12 thirty days after acquisition.  The application shall be on
 51 13 forms the department prescribes and accompanied by the
 51 14 required fee.  The application shall be signed and sworn to
 51 15 before a notary public or other person who administers oaths,
 51 16 or shall include a certification signed in writing containing
 51 17 substantially the representation that statements made are true
 51 18 and correct to the best of the applicant's knowledge,
 51 19 information, and belief, under penalty of perjury.  The
 51 20 application shall contain the date of sale and gross price of
 51 21 the all-terrain vehicle or the fair market value if no sale
 51 22 immediately preceded the transfer and any additional
 51 23 information the department requires.  If the application is
 51 24 made for an all-terrain vehicle last previously registered or
 51 25 titled in another state or foreign country, the application
 51 26 shall contain this information and any other information the
 51 27 department requires.
 51 28    4.  If a dealer buys or acquires an all-terrain vehicle for
 51 29 resale, the dealer shall report the acquisition to the county
 51 30 recorder on forms provided by the department and may apply for
 51 31 and obtain a certificate of title as provided in this chapter.
 51 32 If a dealer buys or acquires a used all-terrain vehicle, the
 51 33 dealer may apply for a certificate of title in the dealer's
 51 34 name within thirty days.  If a dealer buys or acquires a new
 51 35 all-terrain vehicle for resale, the dealer may apply for a
 52  1 certificate of title in the dealer's name.
 52  2    5.  A manufacturer or dealer shall not transfer ownership
 52  3 of a new all-terrain vehicle without supplying the transferee
 52  4 with the manufacturer's or importer's certificate of origin
 52  5 signed by the manufacturer's or importer's authorized agent.
 52  6 The certificate shall contain information the department
 52  7 requires.  The department may adopt rules providing for the
 52  8 issuance of a certificate of origin for an all-terrain vehicle
 52  9 by the department upon good cause shown by the owner.
 52 10    6.  A dealer transferring ownership of an all-terrain
 52 11 vehicle under this chapter shall assign the title to the new
 52 12 owner, or in the case of a new all-terrain vehicle, assign the
 52 13 certificate of origin.  Within fifteen days the dealer shall
 52 14 forward all moneys and applications to the county recorder.
 52 15    7.  The county recorder shall maintain a record of any
 52 16 certificate of title which the county recorder issues and
 52 17 shall keep each certificate of title on record until the
 52 18 certificate of title has been inactive for five years.  When
 52 19 issuing a title for a new all-terrain vehicle, the county
 52 20 recorder shall obtain and keep on file the certificate of
 52 21 origin.  When issuing a title and registration for a used all-
 52 22 terrain vehicle for which there is no title or registration,
 52 23 the county recorder shall obtain and keep on file the
 52 24 affidavit for the unregistered and untitled all-terrain
 52 25 vehicle.
 52 26    8.  Once titled, a person shall not sell or transfer
 52 27 ownership of an all-terrain vehicle without delivering to the
 52 28 purchaser or transferee a certificate of title with an
 52 29 assignment on it showing title in the purchaser or transferee.
 52 30 A person shall not purchase or otherwise acquire an all-
 52 31 terrain vehicle without obtaining a certificate of title for
 52 32 it in that person's name.
 52 33    9.  If the county recorder is not satisfied as to the
 52 34 ownership of the all-terrain vehicle or that there are no
 52 35 undisclosed security interests in the all-terrain vehicle, the
 53  1 county recorder may issue a certificate of title for the all-
 53  2 terrain vehicle but, as a condition of such issuance, may
 53  3 require the applicant to file with the department a bond in
 53  4 the form prescribed by the department and executed by the
 53  5 applicant, and also executed by a person authorized to conduct
 53  6 a surety business in this state.  The form and amount of the
 53  7 bond shall be established by rule of the department.  The bond
 53  8 shall be conditioned to indemnify any prior owner and secured
 53  9 party and any subsequent purchaser of the all-terrain vehicle
 53 10 or person acquiring any security interest in the all-terrain
 53 11 vehicle, and their respective successors in interest, against
 53 12 any expense, loss, or damage, including reasonable attorney
 53 13 fees, by reason of the issuance of the certificate of title of
 53 14 the all-terrain vehicle or on account of any defect in or
 53 15 undisclosed security interest upon the right, title, and
 53 16 interest of the applicant in and to the all-terrain vehicle.
 53 17 Any such interested person has a right of action to recover on
 53 18 the bond for any breach of its conditions, but the aggregate
 53 19 liability of the surety to all persons shall not exceed the
 53 20 amount of the bond.  The bond shall be returned at the end of
 53 21 three years or prior thereto if the all-terrain vehicle is no
 53 22 longer registered in this state and the certificate of title
 53 23 is surrendered to the department, unless the department has
 53 24 been notified of the pendency of an action to recover on the
 53 25 bond.
 53 26    10.  The county recorder shall transmit a copy of the
 53 27 certificate of title to the department, which shall be the
 53 28 central repository of title information for all-terrain
 53 29 vehicles.
 53 30    11.  A motorcycle that has been issued a certificate of
 53 31 title pursuant to this section may be issued a title pursuant
 53 32 to chapter 321 upon proper application and surrender of the
 53 33 existing title.  Upon issuance of a title pursuant to chapter
 53 34 321, the certificate of title previously issued pursuant to
 53 35 this section shall be returned to the issuing county recorder.
 54  1    Sec. 75.  NEW SECTION.  321I.31  FEES – DUPLICATES.
 54  2    1.  The county recorder shall charge a ten dollar fee to
 54  3 issue a certificate of title, a transfer of title, a
 54  4 duplicate, or a corrected certificate of title.
 54  5    2.  If a certificate of title is lost, stolen, mutilated,
 54  6 destroyed, or becomes illegible, the first lienholder or, if
 54  7 there is none, the owner named in the certificate, as shown by
 54  8 the county recorder's records, shall within thirty days obtain
 54  9 a duplicate by applying to the county recorder.  The applicant
 54 10 shall furnish information the department requires concerning
 54 11 the original certificate and the circumstances of its loss,
 54 12 mutilation, or destruction.  Mutilated or illegible
 54 13 certificates shall be returned to the department with the
 54 14 application for a duplicate.
 54 15    3.  The duplicate certificate of title shall be marked
 54 16 plainly "duplicate" across its face and mailed or delivered to
 54 17 the applicant.
 54 18    4.  If a lost or stolen original certificate of title for
 54 19 which a duplicate has been issued is recovered, the original
 54 20 shall be surrendered promptly to the department for
 54 21 cancellation.
 54 22    5.  Five dollars of the certificate of title fees collected
 54 23 under this section shall be remitted by the county recorder to
 54 24 the treasurer of state for deposit in the special all-terrain
 54 25 vehicle fund created under section 321I.8.  The remaining five
 54 26 dollars shall be retained by the county and deposited into the
 54 27 general fund of the county.
 54 28    Sec. 76.  NEW SECTION.  321I.32  TRANSFER OR REPOSSESSION
 54 29 BY OPERATION OF LAW.
 54 30    1.  If ownership of an all-terrain vehicle is transferred
 54 31 by operation of law, such as by inheritance, order in
 54 32 bankruptcy, insolvency, replevin, or execution sale, the
 54 33 transferee, within thirty days after acquiring the right to
 54 34 possession of the all-terrain vehicle, shall mail or deliver
 54 35 to the county recorder satisfactory proof of ownership as the
 55  1 county recorder requires, together with an application for a
 55  2 new certificate of title, and the required fee.
 55  3    2.  If a lienholder repossesses an all-terrain vehicle by
 55  4 operation of law and holds it for resale, the lienholder shall
 55  5 secure a new certificate of title and shall pay the required
 55  6 fee.
 55  7    Sec. 77.  NEW SECTION.  321I.33  SECURITY INTEREST –
 55  8 PERFECTION AND TITLES – FEE.
 55  9    1.  A security interest created in this state in an all-
 55 10 terrain vehicle is not perfected until the security interest
 55 11 is noted on the certificate of title.
 55 12    a.  To perfect the security interest, an application for
 55 13 security interest must be presented along with the original
 55 14 title.  The county recorder shall note the security interest
 55 15 on the face of the title and on the copy in the recorder's
 55 16 office.
 55 17    b.  The application fee for a security interest is ten
 55 18 dollars.  Five dollars of the fee shall be credited to the
 55 19 special all-terrain vehicle fund created under section 321I.8.
 55 20 The remaining five dollars shall be retained by the county and
 55 21 deposited into the general fund of the county.
 55 22    2.  The certificate of title shall be presented to the
 55 23 county recorder when the application for security interest or
 55 24 for assignment of the security interest is presented and a new
 55 25 or endorsed certificate of title shall be issued to the
 55 26 secured party with the name and address of the secured party
 55 27 upon it.
 55 28    3.  The secured party shall present the certificate of
 55 29 title to the county recorder when a release statement is filed
 55 30 and a new or endorsed certificate shall be issued to the
 55 31 owner.
 55 32    Sec. 78.  NEW SECTION.  321I.34  VEHICLE IDENTIFICATION
 55 33 NUMBER.
 55 34    1.  The department may assign a distinguishing number to an
 55 35 all-terrain vehicle when the serial number on the all-terrain
 56  1 vehicle is destroyed or obliterated and issue to the owner a
 56  2 special plate bearing the distinguishing number which shall be
 56  3 affixed to the all-terrain vehicle in a position to be
 56  4 determined by the department.  The all-terrain vehicle shall
 56  5 be registered and titled under the distinguishing number in
 56  6 lieu of the former serial number.  Every all-terrain vehicle
 56  7 shall have a vehicle identification number assigned and
 56  8 affixed as required by the department.
 56  9    2.  The commission shall adopt, by rule, the procedures for
 56 10 application and for issuance of a vehicle identification
 56 11 number for homebuilt all-terrain vehicles.
 56 12    3.  A person shall not destroy, remove, alter, cover, or
 56 13 deface the manufacturer's vehicle identification number, the
 56 14 plate bearing it, or any vehicle identification number the
 56 15 department assigns to an all-terrain vehicle without the
 56 16 department's permission.
 56 17    4.  A person other than a manufacturer who constructs or
 56 18 rebuilds an all-terrain vehicle for which there is no legible
 56 19 vehicle identification number shall submit to the department
 56 20 an affidavit which describes the all-terrain vehicle.  In
 56 21 cooperation with the county recorder, the department shall
 56 22 assign a vehicle identification number to the all-terrain
 56 23 vehicle.  The applicant shall permanently affix the vehicle
 56 24 identification number to the all-terrain vehicle in a manner
 56 25 that such alteration, removal, or replacement of the vehicle
 56 26 identification number would be obvious.
 56 27    Sec. 79.  Section 232.8, subsection 1, paragraph b, Code
 56 28 2003, is amended to read as follows:
 56 29    b.  Violations by a child of provisions of chapter 321,
 56 30 321G, 321I, 453A, 461A, 461B, 462A, 481A, 481B, 483A, 484A, or
 56 31 484B, which would be simple misdemeanors if committed by an
 56 32 adult, and violations by a child of county or municipal curfew
 56 33 or traffic ordinances, are excluded from the jurisdiction of
 56 34 the juvenile court and shall be prosecuted as simple
 56 35 misdemeanors as provided by law.  A child convicted of a
 57  1 violation excluded from the jurisdiction of the juvenile court
 57  2 under this paragraph shall be sentenced pursuant to section
 57  3 805.8, where applicable, and pursuant to section 903.1,
 57  4 subsection 3, for all other violations.
 57  5    Sec. 80.  Section 321.1, subsection 32, unnumbered
 57  6 paragraph 1, Code Supplement 2003, is amended to read as
 57  7 follows:
 57  8    "Implement of husbandry" means a vehicle or special mobile
 57  9 equipment manufactured, designed, or reconstructed for
 57 10 agricultural purposes and, except for incidental uses,
 57 11 exclusively used in the conduct of agricultural operations.
 57 12 "Implements of husbandry" includes all-terrain vehicles
 57 13 operated in compliance with section 321.234A, subsection 1,
 57 14 paragraph "a", fence-line feeders, and vehicles used
 57 15 exclusively for the application of organic or inorganic plant
 57 16 food materials, organic agricultural limestone, or
 57 17 agricultural chemicals.  To be considered an implement of
 57 18 husbandry, a self-propelled implement of husbandry must be
 57 19 operated at speeds of thirty-five miles per hour or less.
 57 20 "Reconstructed" as used in this subsection means materially
 57 21 altered from the original construction by the removal,
 57 22 addition, or substitution of essential parts, new or used.
 57 23    Sec. 81.  Section 321.234A, Code 2003, is amended to read
 57 24 as follows:
 57 25    321.234A  ALL-TERRAIN VEHICLES – HIGHWAY USE.
 57 26    1.  All-terrain vehicles shall not be operated on a highway
 57 27 only unless one or more of the following conditions apply:
 57 28    a.  The operation is between sunrise and sunset and only
 57 29 when the operation on the highway is incidental to the
 57 30 vehicle's use for agricultural purposes.
 57 31    b.  The operation is incidental to the vehicle's use for
 57 32 the purpose of surveying by a licensed engineer or land
 57 33 surveyor.
 57 34    c.  The all-terrain vehicle is operated by an employee or
 57 35 agent of a political subdivision or public utility for the
 58  1 purpose of construction or maintenance on or adjacent to the
 58  2 highway.
 58  3    d.  The all-terrain vehicle is operated by an employee or
 58  4 agent of a public agency as defined in section 34.1 for the
 58  5 purpose of providing emergency services or rescue.
 58  6    2.  A person operating an all-terrain vehicle on a highway
 58  7 shall have a valid driver's license and the vehicle shall be
 58  8 operated at speeds of thirty-five miles per hour or less.
 58  9    3.  An all-terrain vehicle that is owned by the owner of
 58 10 land adjacent to a highway, other than an interstate road, may
 58 11 be operated by the owner of the all-terrain vehicle, or by a
 58 12 member of the owner's family, on the portion of the highway
 58 13 right-of-way that is between the shoulder of the roadway, or
 58 14 at least five feet from the edge of the roadway, and the
 58 15 owner's property line.
 58 16    2. 4.  A person convicted of a violation of this section is
 58 17 guilty of a simple misdemeanor punishable as a scheduled
 58 18 violation under section 805.8A, subsection 3, paragraph "f".
 58 19    Sec. 82.  Section 322D.1, subsection 1, Code Supplement
 58 20 2003, is amended to read as follows:
 58 21    1.  "All-terrain vehicle" means the same as defined in
 58 22 section 321G.1 321I.1.
 58 23    Sec. 83.  Section 322F.1, subsection 2, Code Supplement
 58 24 2003, is amended to read as follows:
 58 25    2.  "All-terrain vehicle" means the same as defined in
 58 26 section 321G.1 321I.1.
 58 27    Sec. 84.  Section 331.362, subsection 9, Code Supplement
 58 28 2003, is amended to read as follows:
 58 29    9.  A county may regulate traffic on and use of the
 58 30 secondary roads, in accordance with sections 321.236 to
 58 31 321.250, 321.254, 321.255, 321.285, subsection 5, sections
 58 32 321.352, 321.471 to 321.473, and other applicable provisions
 58 33 of chapter 321, and sections 321G.9, 321I.10, and 327G.15.
 58 34    Sec. 85.  Section 331.427, subsection 1, unnumbered
 58 35 paragraph 1, Code Supplement 2003, is amended to read as
 59  1 follows:
 59  2    Except as otherwise provided by state law, county revenues
 59  3 from taxes and other sources for general county services shall
 59  4 be credited to the general fund of the county, including
 59  5 revenues received under sections 9I.11, 101A.3, 101A.7,
 59  6 123.36, 123.143, 142B.6, 176A.8, 321.105, 321.152, 321G.7,
 59  7 321I.8, section 331.554, subsection 6, sections 341A.20,
 59  8 364.3, 368.21, 422A.2, 428A.8, 430A.3, 433.15, 434.19, 445.57,
 59  9 453A.35, 458A.21, 483A.12, 533.24, 556B.1, 583.6, 602.8108,
 59 10 904.908, and 906.17, and the following:
 59 11    Sec. 86.  Section 331.602, subsection 16, Code Supplement
 59 12 2003, is amended to read as follows:
 59 13    16.  Issue snowmobile registrations and all-terrain vehicle
 59 14 registrations and user permits as provided in sections 321G.4,
 59 15 321G.6, and 321G.21, 321I.4, 321I.5, 321I.7, and 321I.22.
 59 16    Sec. 87.  Section 331.605, Code 2003, is amended by adding
 59 17 the following new subsection:
 59 18    NEW SUBSECTION.  4A.  For the issuance of all-terrain
 59 19 vehicle registrations and user permits, the fees specified in
 59 20 sections 321I.4 and 321I.5.
 59 21    Sec. 88.  Section 350.5, Code 2003, is amended to read as
 59 22 follows:
 59 23    350.5  REGULATIONS – PENALTY – OFFICERS.
 59 24    The county conservation board may make, alter, amend or
 59 25 repeal regulations for the protection, regulation, and control
 59 26 of all museums, parks, preserves, parkways, playgrounds,
 59 27 recreation centers, and other property under its control.  The
 59 28 regulations shall not be contrary to, or inconsistent with,
 59 29 the laws of this state.  The regulations shall not take effect
 59 30 until ten days after their adoption by the board and after
 59 31 their publication as provided in section 331.305 and after a
 59 32 copy of the regulations has been posted near each gate or
 59 33 principal entrance to the public ground to which they apply.
 59 34 After the publication and posting, a person violating a
 59 35 provision of the regulations which are then in effect is
 60  1 guilty of a simple misdemeanor.  The board may designate the
 60  2 director and those employees as the director may designate as
 60  3 police officers who shall have all the powers conferred by law
 60  4 on police officers, peace officers, or sheriffs in the
 60  5 enforcement of the laws of this state and the apprehension of
 60  6 violators upon all property under its control within and
 60  7 without the county.  The board may grant the director and
 60  8 those employees of the board designated as police officers the
 60  9 authority to enforce the provisions of chapters 321G, 321I,
 60 10 461A, 462A, 481A, and 483A on land not under the control of
 60 11 the board within the county.
 60 12    Sec. 89.  Section 455A.4, subsection 1, paragraph b, Code
 60 13 Supplement 2003, is amended to read as follows:
 60 14    b.  Provide overall supervision, direction, and
 60 15 coordination of functions to be administered by the
 60 16 administrators under chapters 321G, 321I, 455B, 455C, 456,
 60 17 456A, 456B, 457A, 458A, 459, subchapters I, II, III, IV, and
 60 18 VI, chapters 461A, 462A, 462B, 464A, 465C, 473, 481A, 481B,
 60 19 483A, 484A, and 484B.
 60 20    Sec. 90.  Section 455A.5, subsection 6, paragraphs a, b,
 60 21 and d, Code 2003, are amended to read as follows:
 60 22    a.  Establish policy and adopt rules, pursuant to chapter
 60 23 17A, necessary to provide for the effective administration of
 60 24 chapter 321G, 321I, 456A, 456B, 457A, 461A, 462A, 462B, 464A,
 60 25 465C, 481A, 481B, 483A, 484A, or 484B.
 60 26    b.  Hear appeals in contested cases pursuant to chapter 17A
 60 27 on matters relating to actions taken by the director under
 60 28 chapter 321G, 321I, 456A, 456B, 457A, 461A, 462A, 462B, 464A,
 60 29 465C, 481A, 481B, 483A, 484A, or 484B.
 60 30    d.  Approve the budget request prepared by the director for
 60 31 the programs authorized by chapters 321G, 321I, 456A, 456B,
 60 32 457A, 461A, 462A, 462B, 464A, 481A, 481B, 483A, 484A, and
 60 33 484B.  The commission may increase, decrease, or strike any
 60 34 item within the department budget request for the specified
 60 35 programs before granting approval.
 61  1    Sec. 91.  Section 456A.14, Code 2003, is amended to read as
 61  2 follows:
 61  3    456A.14  TEMPORARY APPOINTMENTS – PEACE OFFICER STATUS.
 61  4    The director may appoint temporary officers for a period
 61  5 not to exceed six months and may adopt minimum physical,
 61  6 educational, mental, and moral requirements for the temporary
 61  7 officers.  Chapter 80B does not apply to the temporary
 61  8 officers.  Temporary officers have all the powers of peace
 61  9 officers in the enforcement of this chapter and chapters 321G,
 61 10 321I, 456B, 461A, 461B, 462A, 462B, 463B, 465C, 481A, 481B,
 61 11 482, 483A, 484A, and 484B, and the trespass laws.
 61 12    Sec. 92.  Section 456A.24, subsection 12, Code 2003, is
 61 13 amended to read as follows:
 61 14    12.  Adopt rules authorizing officers and employees of the
 61 15 department who are peace officers to issue warning citations
 61 16 for violations of this chapter and chapters 321G, 321I, 350,
 61 17 456B, 457A, 461A through 461C, 462A, 462B, 463B, 464A, 465A
 61 18 through 465C, 481A, 481B, 482, 483A, 484A, and 484B.
 61 19    Sec. 93.  Section 805.8B, subsection 2, Code 2003, is
 61 20 amended to read as follows:
 61 21    2.  SNOWMOBILE AND ALL-TERRAIN VEHICLE VIOLATIONS.
 61 22    a.  For registration or user permit violations under
 61 23 section sections 321G.3 and 321I.3, the scheduled fine is
 61 24 twenty dollars.  When the scheduled fine is paid, the violator
 61 25 shall submit sufficient proof that a valid registration or
 61 26 user permit has been obtained.
 61 27    b.  For operating violations under section 321G.9,
 61 28 subsections 1, 2, 3, 4, 5, and 7, sections 321G.11, and
 61 29 321G.13, subsection 1, paragraph "d", sections 321I.10,
 61 30 321I.12, and 321I.14, subsection 1, paragraph "d", the
 61 31 scheduled fine is twenty dollars.
 61 32    c.  For improper or defective equipment under section
 61 33 sections 321G.12 and 321I.13, the scheduled fine is ten twenty
 61 34 dollars.
 61 35    d.  For violations of section sections 321G.19 and 321I.20,
 62  1 the scheduled fine is fifteen twenty dollars.
 62  2    e.  For identification violations under section sections
 62  3 321G.5 and 321I.6, the scheduled fine is ten twenty dollars.
 62  4    Sec. 94.  Section 805.16, subsection 1, Code 2003, is
 62  5 amended to read as follows:
 62  6    1.  Except as provided in subsection 2 of this section, a
 62  7 peace officer shall issue a police citation or uniform
 62  8 citation and complaint, in lieu of making a warrantless
 62  9 arrest, to a person under eighteen years of age accused of
 62 10 committing a simple misdemeanor under chapter 321, 321G, 321I,
 62 11 461A, 461B, 462A, 481A, 481B, 483A, 484A, 484B, or a local
 62 12 ordinance not subject to the jurisdiction of the juvenile
 62 13 court, and shall not detain or confine the person in a
 62 14 facility regulated under chapter 356 or 356A.
 62 15    Sec. 95.  Section 903.1, subsection 3, Code 2003, is
 62 16 amended to read as follows:
 62 17    3.  A person under eighteen years of age convicted of a
 62 18 simple misdemeanor under chapter 321, 321G, 321I, 453A, 461A,
 62 19 461B, 462A, 481A, 481B, 483A, 484A, or 484B, or a violation of
 62 20 a county or municipal curfew or traffic ordinance, except for
 62 21 an offense subject to section 805.8, may be required to pay a
 62 22 fine, not to exceed one hundred dollars, as fixed by the
 62 23 court, or may be required to perform community service as
 62 24 ordered by the court.
 62 25    Sec. 96.  Section 321G.22A, Code Supplement 2003, is
 62 26 repealed.
 62 27    Sec. 97.  APPLICABILITY – NEW REGISTRATIONS AND RENEWALS.
 62 28 The annual registration fees required for snowmobiles and all-
 62 29 terrain vehicles pursuant to this Act apply to new
 62 30 registrations and renewals effective for years beginning on or
 62 31 after January 1, 2005.  
 62 32 
 62 33 
 62 34                                                             
 62 35                               JEFFREY M. LAMBERTI
 63  1                               President of the Senate
 63  2 
 63  3 
 63  4                                                             
 63  5                               CHRISTOPHER C. RANTS
 63  6                               Speaker of the House
 63  7 
 63  8    I hereby certify that this bill originated in the Senate and
 63  9 is known as Senate File 297, Eightieth General Assembly.
 63 10 
 63 11 
 63 12                                                             
 63 13                               MICHAEL E. MARSHALL
 63 14                               Secretary of the Senate
 63 15 Approved                , 2004
 63 16 
 63 17 
 63 18                                
 63 19 THOMAS J. VILSACK
 63 20 Governor
     
Text: SF00296                           Text: SF00298
Text: SF00200 - SF00299                 Text: SF Index
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