House File 756 - Introduced



                                 HOUSE FILE       
                                 BY  COMMITTEE ON NATURAL RESOURCES

                                 (SUCCESSOR TO HSB 260)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the regulation of all=terrain vehicles,
  2    establishing fees, and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 3079HV 81
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PAG LIN



  1  1    Section 1.  Section 321.234A, subsection 1, Code 2005, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  e.  The all=terrain vehicle is operated for
  1  4 the purpose of mowing, installing approved trail signs, or
  1  5 providing maintenance on a snowmobile or all=terrain vehicle
  1  6 trail designated by the department of natural resources.
  1  7    Sec. 2.  Section 321.234A, subsection 3, Code 2005, is
  1  8 amended to read as follows:
  1  9    3.  An all=terrain vehicle that is owned by the owner of
  1 10 land adjacent to a highway, other than an interstate road, may
  1 11 be operated by the owner of the all=terrain vehicle, or by a
  1 12 member of the owner's family, on the portion of the highway
  1 13 right=of=way that is between the shoulder of the roadway, or
  1 14 at least five feet from the edge of the roadway, and the
  1 15 owner's property line.  A person operating an all=terrain
  1 16 vehicle within the highway right=of=way under this subsection
  1 17 shall comply with the registration, safety, and age
  1 18 requirements under chapter 321I.
  1 19    Sec. 3.  Section 321I.1, Code 2005, is amended by adding
  1 20 the following new subsection:
  1 21    NEW SUBSECTION.  5A.  "Distributor" means a person,
  1 22 resident or nonresident, who sells or distributes all=terrain
  1 23 vehicles to all=terrain vehicle dealers in this state, or who
  1 24 maintains distributor representatives.
  1 25    Sec. 4.  Section 321I.4, Code 2005, is amended to read as
  1 26 follows:
  1 27    321I.4  REGISTRATION WITH COUNTY RECORDER == FEE.
  1 28    1.  The owner of each all=terrain vehicle required to be
  1 29 numbered shall register it annually with the department
  1 30 through the county recorder of the county in which the owner
  1 31 resides or, if the owner is a nonresident, the owner shall
  1 32 register it in the county in which the all=terrain vehicle is
  1 33 principally used.  The department shall develop and maintain
  1 34 an electronic system for the registration of all=terrain
  1 35 vehicles pursuant to this chapter.  The commission has
  2  1 supervisory responsibility over department shall establish
  2  2 forms and procedures as necessary for the registration of all=
  2  3 terrain vehicles and shall provide each county recorder with
  2  4 registration forms and certificates and shall allocate
  2  5 registration numbers to each county.
  2  6    2.  The owner of the all=terrain vehicle shall file an
  2  7 application for registration with the department through the
  2  8 appropriate county recorder on forms provided in the manner
  2  9 established by the commission.  The application shall be
  2 10 completed and signed by the owner of the all=terrain vehicle
  2 11 and shall be accompanied by a fee of fifteen dollars and a
  2 12 writing fee.  An all=terrain vehicle shall not be registered
  2 13 by the county recorder until the county recorder is presented
  2 14 with receipts, bills of sale, or other satisfactory evidence
  2 15 that the sales or use tax has been paid for the purchase of
  2 16 the all=terrain vehicle or that the owner is exempt from
  2 17 paying the tax.  An all=terrain vehicle that has an expired
  2 18 registration certificate from another state may be registered
  2 19 in this state upon proper application, payment of all
  2 20 applicable registration and writing fees, and payment of a
  2 21 penalty of five dollars.
  2 22    3.  Upon receipt of the application in approved form
  2 23 accompanied by the required fees, the county recorder shall
  2 24 enter it upon the records register the all=terrain vehicle
  2 25 with the department and shall issue to the applicant a
  2 26 registration certificate.  The certificate shall be executed
  2 27 in triplicate, one copy to be delivered to the owner, one copy
  2 28 to the commission, and one copy to be retained on file by the
  2 29 county recorder.  The registration certificate shall bear the
  2 30 number awarded to the all=terrain vehicle and the name and
  2 31 address of the owner.  The registration certificate shall be
  2 32 carried either in the all=terrain vehicle or on the person of
  2 33 the operator of the all=terrain vehicle when in use.  The
  2 34 operator of an all=terrain vehicle shall exhibit the
  2 35 registration certificate to a peace officer upon request, to a
  3  1 person injured in an accident involving an all=terrain
  3  2 vehicle, to the owner or operator of another all=terrain
  3  3 vehicle or the owner of personal or real property when the
  3  4 all=terrain vehicle is involved in a collision or accident of
  3  5 any nature with another all=terrain vehicle or the property of
  3  6 another person, or to the property owner or tenant when the
  3  7 all=terrain vehicle is being operated on private property
  3  8 without permission from the property owner or tenant.
  3  9    4.  If an all=terrain vehicle is placed in storage, the
  3 10 owner shall return the current registration certificate to the
  3 11 county recorder with an affidavit stating that the all=terrain
  3 12 vehicle is placed in storage and the effective date of
  3 13 storage.  The county recorder shall notify the commission
  3 14 department of each all=terrain vehicle placed in storage.
  3 15 When the owner of a stored all=terrain vehicle desires to
  3 16 renew the registration, the owner shall make application to
  3 17 through the county recorder and pay the registration and
  3 18 writing fees without penalty.  A refund of the registration
  3 19 fee shall not be allowed for a stored all=terrain vehicle.
  3 20    Sec. 5.  Section 321I.5, Code 2005, is amended to read as
  3 21 follows:
  3 22    321I.5  NONRESIDENT USER PERMITS.
  3 23    A nonresident wishing to operate an all=terrain vehicle,
  3 24 other than an all=terrain vehicle owned by a resident and
  3 25 registered pursuant to this chapter, on public land or ice of
  3 26 this state shall first obtain a user permit from the
  3 27 department.  A user permit shall be issued for the all=terrain
  3 28 vehicle specified at the time of application and is not
  3 29 transferable.  A user permit shall be valid for the calendar
  3 30 year specified in the permit.
  3 31    User permits may be issued by a county recorder or a
  3 32 license depositary agent pursuant to rules adopted by the
  3 33 commission.  The fee for a user permit shall be fifteen
  3 34 dollars plus an administrative fee established by the
  3 35 commission.  A county recorder shall retain a writing fee of
  4  1 one dollar from the sale of each user permit issued by the
  4  2 county recorder's office.  The writing fees retained by the
  4  3 county recorder shall be deposited in the general fund of the
  4  4 county.  A license depositary agent designated by the director
  4  5 pursuant to section 483A.11 shall retain a writing fee of one
  4  6 dollar from the sale of each permit issued by the agent.
  4  7    Sec. 6.  Section 321I.7, Code 2005, is amended by adding
  4  8 the following new subsection:
  4  9    NEW SUBSECTION.  7.  The department shall develop and
  4 10 maintain an electronic system for residents to renew all=
  4 11 terrain vehicle registrations pursuant to this section.  A
  4 12 county recorder or license agent may issue all=terrain vehicle
  4 13 registration renewals electronically pursuant to rules adopted
  4 14 by the commission.  The fee for a registration renewal issued
  4 15 using an electronic system is fifteen dollars plus an
  4 16 administrative fee established by the commission.  A county
  4 17 recorder or license agent designated by the director pursuant
  4 18 to section 483A.11 shall retain a writing fee of one dollar
  4 19 for each registration renewal issued.  The writing fees
  4 20 retained by the county recorder shall be deposited in the
  4 21 general fund of the county.
  4 22    Sec. 7.  Section 321I.9, subsection 3, Code 2005, is
  4 23 amended to read as follows:
  4 24    3.  All=terrain vehicles covered by a valid license or
  4 25 registration of another state and which have not been within
  4 26 this state for more than twenty consecutive days, for use on
  4 27 public ice.
  4 28    Sec. 8.  Section 321I.14, subsection 1, paragraph g, Code
  4 29 2005, is amended by striking the paragraph and inserting in
  4 30 lieu thereof the following:
  4 31    g.  In any park, wildlife area, preserve, refuge, game
  4 32 management area, or any portion of a meandered stream, or any
  4 33 portion of the bed of a nonmeandered stream which has been
  4 34 identified as a navigable stream or river by rule adopted by
  4 35 the department and which is covered by water, except on
  5  1 designated all=terrain vehicle trails.
  5  2    This paragraph does not prohibit the use of ford crossings
  5  3 of public roads or any other ford crossing when used for
  5  4 agricultural purposes; the operation of construction vehicles
  5  5 engaged in lawful construction, repair, or maintenance in a
  5  6 streambed; or the operation of all=terrain vehicles on ice.
  5  7    Sec. 9.  Section 321I.14, subsection 1, Code 2005, is
  5  8 amended by adding the following new paragraph:
  5  9    NEW PARAGRAPH.  i.  On any public riding area or designated
  5 10 trail system without wearing a helmet that meets standards
  5 11 established by the United States department of transportation.
  5 12    Sec. 10.  Section 321I.16, Code 2005, is amended to read as
  5 13 follows:
  5 14    321I.16  OPERATION PENDING REGISTRATION.
  5 15    The commission shall furnish all=terrain vehicle dealers
  5 16 with pasteboard cards bearing the words "registration applied
  5 17 for" and space for the date of purchase.  An unregistered all=
  5 18 terrain vehicle sold by a dealer shall bear one of these cards
  5 19 which entitles the purchaser to operate it for ten forty=five
  5 20 days immediately following the purchase.  The purchaser of a
  5 21 registered all=terrain vehicle may operate it for ten forty=
  5 22 five days immediately following the purchase, without having
  5 23 completed a transfer of registration.  An all=terrain vehicle
  5 24 dealer shall make application and pay all registration and
  5 25 title fees if applicable on behalf of the purchaser of an all=
  5 26 terrain vehicle.
  5 27    Sec. 11.  Section 321I.22, subsection 2, Code 2005, is
  5 28 amended to read as follows:
  5 29    2.  Any Every manufacturer, distributor, or dealer may
  5 30 shall register with the department and, upon payment of a fee
  5 31 of fifteen dollars, make application to the commission, upon
  5 32 forms prescribed by the commission, for a special registration
  5 33 certificate containing a general identification number and for
  5 34 one or more duplicate special registration certificates.  The
  5 35 applicant shall submit reasonable proof of the applicant's
  6  1 status as a bona fide manufacturer, distributor, or dealer as
  6  2 may be required by the commission.
  6  3    Sec. 12.  Section 321I.26, subsection 2, Code 2005, is
  6  4 amended to read as follows:
  6  5    2.  Upon application and payment of a fee of five twenty
  6  6 dollars, a qualified applicant shall be issued a safety
  6  7 certificate which is valid until the certificate is suspended
  6  8 or revoked for a violation of a provision of this chapter or a
  6  9 rule of the commission or the director of transportation.  The
  6 10 application shall be made on forms issued by the commission
  6 11 and shall contain information as the commission may reasonably
  6 12 require.
  6 13    Sec. 13.  Section 805.8B, subsection 2, Code 2005, is
  6 14 amended to read as follows:
  6 15    2.  SNOWMOBILE AND ALL=TERRAIN VEHICLE VIOLATIONS.
  6 16    a.  For registration or user permit violations under
  6 17 sections section 321G.3 and 321I.3, the scheduled fine is
  6 18 twenty dollars.  When the scheduled fine is paid, the violator
  6 19 shall submit sufficient proof that a valid registration or
  6 20 user permit has been obtained.
  6 21    b.  For operating violations under section 321G.9,
  6 22 subsections 1, 2, 3, 4, 5, and 7, sections 321G.11, and
  6 23 321G.13, subsection 1, paragraph "d", sections 321I.10,
  6 24 321I.12, and 321I.14, subsection 1, paragraph "d", the
  6 25 scheduled fine is twenty dollars.
  6 26    c.  For improper or defective equipment under sections
  6 27 section 321G.12 and 321I.13, the scheduled fine is twenty
  6 28 dollars.
  6 29    d.  For violations of sections section 321G.19 and 321I.20,
  6 30 the scheduled fine is twenty dollars.
  6 31    e.  For identification violations under sections section
  6 32 321G.5 and 321I.6, the scheduled fine is twenty dollars.
  6 33    Sec. 14.  Section 805.8B, Code 2005, is amended by adding
  6 34 the following new subsection:
  6 35    NEW SUBSECTION.  2A.  ALL=TERRAIN VEHICLE VIOLATIONS.
  7  1    a.  For registration or user permit violations under
  7  2 section 321I.3, the scheduled fine is fifty dollars.  When the
  7  3 scheduled fine is paid, the violator shall submit sufficient
  7  4 proof that a valid registration or user permit has been
  7  5 obtained.
  7  6    b.  (1)  For operating violations under sections 321I.12,
  7  7 and 321I.14, subsection 1, paragraphs "d" and "i", the
  7  8 scheduled fine is twenty dollars.
  7  9    (2)  For operating violations under section 321I.10,
  7 10 subsections 1 and 4, the scheduled fine is fifty dollars.
  7 11    (3)  For operating violations under section 321I.14,
  7 12 subsection 1, paragraphs "a", "b", "e", "f", "g", and "h", and
  7 13 subsections 2 and 3, the scheduled fine is one hundred
  7 14 dollars.
  7 15    c.  For improper or defective equipment under section
  7 16 321I.13, the scheduled fine is twenty dollars.
  7 17    d.  For violations of section 321I.20, the scheduled fine
  7 18 is twenty dollars.
  7 19    e.  For identification violations under section 321I.6, the
  7 20 scheduled fine is twenty dollars.
  7 21    f.  For stop signal violations under section 321I.18, the
  7 22 scheduled fine is one hundred dollars.
  7 23    g.  For safety certificate violations under section
  7 24 321I.26, subsection 1, the scheduled fine is fifty dollars.
  7 25    Sec. 15.  PENALTY PROVISIONS == CODE EDITOR DIRECTIVE.  The
  7 26 sections of this Act amending section 805.8B, subsection 2,
  7 27 and enacting section 805.8B, subsection 2A, are intended to
  7 28 codify the penalty provisions relating to all=terrain vehicle
  7 29 violations, as amended in this Act, in a separate subsection
  7 30 from the penalty provisions relating to snowmobile violations.
  7 31 If penalties relating to snowmobile violations are amended in
  7 32 another Act of the general assembly during the 2005
  7 33 legislative session, the Code editor shall harmonize the
  7 34 provisions so as to give effect to the amendments to the
  7 35 snowmobile penalties in the other Act.
  8  1                           EXPLANATION
  8  2    This bill makes numerous changes to provisions relating to
  8  3 the ownership and use of all=terrain vehicles, as regulated by
  8  4 the department of natural resources.
  8  5    The bill amends Code section 321.234A to allow the
  8  6 operation of an all=terrain vehicle on a highway when the
  8  7 vehicle is operated for the purpose of mowing, installing
  8  8 trail signs, or providing maintenance of designated trails.
  8  9 In addition, the bill specifies that the owner of an all=
  8 10 terrain vehicle or member of the owner's family who operates
  8 11 the all=terrain vehicle within the area between the shoulder
  8 12 of the roadway and the owner's property line must comply with
  8 13 the registration, safety, and age requirements applicable to
  8 14 operators on public land.
  8 15    The bill amends Code section 321I.4 to provide for
  8 16 electronic registration of all=terrain vehicles through county
  8 17 recorders.
  8 18    Code section 321I.7 is amended to require the department to
  8 19 develop and maintain an electronic system for renewal of all=
  8 20 terrain vehicle registrations by license agents.  Electronic
  8 21 registration renewals could be issued by county recorders or
  8 22 license agents for the annual fee of $15, plus an
  8 23 administrative fee to be established by the natural resource
  8 24 commission, plus a $1 writing fee.
  8 25    Code section 321I.9 is amended to restrict the registration
  8 26 exemption for nonresidents' all=terrain vehicles to those
  8 27 vehicles which are licensed or registered in another state and
  8 28 are in this state for not more than 20 days for operation on
  8 29 public ice.
  8 30    The bill amends Code section 321I.14 by expanding the
  8 31 description of the types of public areas that are off=limits
  8 32 for snowmobile operators.
  8 33    The bill adds a new provision in Code section 321I.14 to
  8 34 prohibit a person from operating an all=terrain vehicle on a
  8 35 public riding area or designated trail without wearing a
  9  1 helmet that meets federal standards.  A violation of the
  9  2 requirement is a simple misdemeanor subject to a scheduled
  9  3 fine of $20.
  9  4    Code section 321I.16 is amended to extend, from 10 to 45
  9  5 days, the period of time a purchaser of a new or used all=
  9  6 terrain vehicle may operate the vehicle pending registration.
  9  7    The bill amends Code section 321I.22 to require that every
  9  8 all=terrain vehicle manufacturer, distributor, or dealer
  9  9 register annually with the department for a fee of $15, which
  9 10 qualifies the registrant to be issued a special registration
  9 11 certificate with a general identification number.  Additional
  9 12 duplicate certificates may be issued for $2 each.  All=terrain
  9 13 vehicles may be operated temporarily under such registration.
  9 14 Current law provides for such registration on a voluntary
  9 15 basis.
  9 16    The bill increases the fee for issuance of a safety
  9 17 certificate in Code section 321I.26 from $5 to $20.
  9 18    The bill revises penalties for certain violations by all=
  9 19 terrain vehicle operators.  For a violation of registration or
  9 20 user permit requirements in Code section 321I.3, the scheduled
  9 21 fine is increased from $20 to $50.  For operating an all=
  9 22 terrain vehicle on a highway or snowmobile trail in violation
  9 23 of Code section 321I.10, the scheduled fine is increased from
  9 24 $20 to $50.  For unlawful operation violations under Code
  9 25 section 321I.14, other than operating while intoxicated and
  9 26 headlight and taillight violations, and for disregarding a
  9 27 peace officer's signal to stop or eluding a peace officer
  9 28 under Code section 321I.18, the penalty is changed from a
  9 29 simple misdemeanor to a simple misdemeanor punishable as a
  9 30 scheduled violation, subject to a $100 fine.  The penalty for
  9 31 a violation of safety certificate requirements under Code
  9 32 section 321I.26 is changed from a simple misdemeanor to a
  9 33 simple misdemeanor punishable as a scheduled violation,
  9 34 subject to a fine of $50.
  9 35 LSB 3079HV 81
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