Senate File 2296 - Introduced SENATE FILE 2296 BY COMMITTEE ON NATURAL RESOURCES (SUCCESSOR TO SSB 3119) A BILL FOR An Act relating to various conservation and recreation 1 activities under the purview of the department of natural 2 resources, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5362SV (4) 83 av/sc
S.F. 2296 Section 1. Section 321G.1, Code 2009, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 5A. “Designated snowmobile trail” means 3 a snowmobile riding trail on any public land, private land, 4 or public ice that has been designated by the department, 5 a political subdivision, or a controlling authority for 6 snowmobile use. 7 NEW SUBSECTION . 5B. “Direct supervision” means to provide 8 supervision of another person while maintaining visual and 9 verbal contact at all times. 10 Sec. 2. Section 321G.1, subsection 19, Code 2009, is amended 11 to read as follows: 12 19. “Safety “Education certificate” means a snowmobile 13 safety education certificate, approved by the commission, which 14 is issued to a qualified applicant who is twelve years of age 15 or older. 16 Sec. 3. Section 321G.2, subsection 1, paragraphs c, e, and 17 f, Code Supplement 2009, are amended to read as follows: 18 c. Use of snowmobiles on designated snowmobile trails 19 and public lands under the jurisdiction of the commission. 20 e. Establishment of a program of grants, subgrants, 21 and contracts to be administered by the department for the 22 development, maintenance, signing, and operation of designated 23 snowmobile trails and the operation of grooming equipment by 24 political subdivisions and incorporated private organizations. 25 f. Issuance of safety education certificates. 26 Sec. 4. Section 321G.2, subsection 1, Code Supplement 2009, 27 is amended by adding the following new paragraph: 28 NEW PARAGRAPH . l. Maintenance, signing, and operation of 29 designated snowmobile trails. 30 Sec. 5. Section 321G.3, subsection 2, Code 2009, is amended 31 by striking the subsection. 32 Sec. 6. Section 321G.3, subsection 3, Code 2009, is amended 33 to read as follows: 34 3. 2. A violation of subsection 1 or 2 is punishable as 35 -1- LSB 5362SV (4) 83 av/sc 1/ 35
S.F. 2296 a scheduled violation under section 805.8B, subsection 2, 1 paragraph “a” . When the scheduled fine is paid, the violator 2 shall submit proof to the department that a valid registration 3 or user permit has been obtained by providing a copy of the 4 registration or user permit to the department within thirty 5 days of the date the fine is paid. A person who violates this 6 subsection is guilty of a simple misdemeanor. 7 Sec. 7. Section 321G.4, subsection 2, Code 2009, is amended 8 to read as follows: 9 2. The owner of the snowmobile shall file an application 10 for registration with the department through a the county 11 recorder of the county of residence in the manner established 12 by the commission. The application shall be completed by the 13 owner and shall be accompanied by a fee of fifteen dollars and 14 a writing fee as provided in section 321G.27. A snowmobile 15 shall not be registered by the county recorder until the 16 county recorder is presented with receipts, bills of sale, 17 or other satisfactory evidence that the sales or use tax has 18 been paid for the purchase of the snowmobile or that the 19 owner is exempt from paying the tax. A snowmobile that has 20 an expired registration certificate from another state may be 21 registered in this state upon proper application, payment of 22 all applicable registration and writing fees, and payment of a 23 penalty of five dollars. 24 Sec. 8. Section 321G.6, subsection 3, Code 2009, is amended 25 to read as follows: 26 3. Duplicate registrations may be issued upon application 27 to the by a county recorder and or a license agent upon the 28 payment of a five dollar fee plus a writing fee as provided in 29 section 321G.27. 30 Sec. 9. Section 321G.7, subsection 1, Code 2009, is amended 31 to read as follows: 32 1. A county recorder or license agent shall remit to the 33 commission the snowmobile fees collected by the recorder 34 or license agent in the manner and time prescribed by the 35 -2- LSB 5362SV (4) 83 av/sc 2/ 35
S.F. 2296 department. 1 Sec. 10. Section 321G.8, subsection 1, Code 2009, is amended 2 to read as follows: 3 1. Snowmobiles owned and used by the United States, 4 another this state, or a political subdivision of 5 another this state. 6 Sec. 11. Section 321G.9, subsection 6, Code 2009, is amended 7 by striking the subsection. 8 Sec. 12. Section 321G.12, Code 2009, is amended to read as 9 follows: 10 321G.12 Headlamp —— tail lamp Headlight —— taillight —— 11 brakes. 12 Every snowmobile shall be equipped with at least one 13 headlamp headlight and one tail lamp taillight . Every 14 snowmobile shall be equipped with brakes. 15 Sec. 13. Section 321G.17, Code 2009, is amended to read as 16 follows: 17 321G.17 Violation of stop signal. 18 A person , after having who has received a visual or audible 19 signal from a peace officer to come to a stop, shall not 20 operate a snowmobile in willful or wanton disregard of the 21 signal , or interfere with or endanger the officer or any other 22 person or vehicle, or increase speed , or attempt to flee or 23 elude the officer. 24 Sec. 14. Section 321G.20, Code 2009, is amended to read as 25 follows: 26 321G.20 Minors under twelve sixteen —— supervision 27 requirements . 28 1. An owner or operator of a snowmobile shall not permit 29 a person under twelve years of age to operate and a person 30 less than twelve years of age shall not operate, a snowmobile 31 on a designated snowmobile trail, public land, or public 32 ice except when accompanied on the same snowmobile by a 33 responsible person of at least eighteen years of age who is 34 experienced in snowmobile operation and who possesses a valid 35 -3- LSB 5362SV (4) 83 av/sc 3/ 35
S.F. 2296 driver’s license, as defined in section 321.1, or a safety an 1 education certificate issued under this chapter. 2 2. While operating a snowmobile on a designated snowmobile 3 trail, public land, or public ice, a person twelve to fifteen 4 years of age and possessing a valid education certificate 5 must be under the direct supervision of a parent, guardian, 6 or another adult authorized by the parent or guardian, who is 7 experienced in snowmobile operation, and who possesses a valid 8 driver’s license, as defined in section 321.1, or an education 9 certificate issued under this chapter. 10 3. A person under sixteen years of age shall not operate a 11 snowmobile on or across a public highway unless the person has 12 in the person’s possession an education certificate issued to 13 the person pursuant to this chapter. 14 Sec. 15. Section 321G.21, subsections 1 through 5, Code 15 Supplement 2009, are amended to read as follows: 16 1. A manufacturer, distributor, or dealer owning a 17 snowmobile required to be registered under this chapter 18 may operate the snowmobile for purposes of transporting, 19 testing, demonstrating, or selling it without the snowmobile 20 being registered, except that a special identification 21 number registration decal issued to the owner as provided 22 in this chapter shall be displayed on the snowmobile in the 23 manner prescribed by rules of the commission . The special 24 identification number registration decal shall not be used 25 on a snowmobile offered for hire or for any work or service 26 performed by a manufacturer, distributor, or dealer. 27 2. Every manufacturer, distributor, or dealer shall 28 register with the department by making application to the 29 commission, upon forms prescribed by the commission, for 30 a special registration certificate containing a general 31 identification number and for one or more duplicate special 32 registration certificates and decal . The applicant shall pay 33 a registration fee of fifteen forty-five dollars and submit 34 reasonable proof of the applicant’s status as a bona fide 35 -4- LSB 5362SV (4) 83 av/sc 4/ 35
S.F. 2296 manufacturer, distributor, or dealer as may be required by the 1 commission. 2 3. The commission, upon granting an application, 3 shall issue to the applicant a special registration 4 certificate containing and decal. The special registration 5 certificate shall contain the applicant’s name , and address, 6 the and general identification number ; assigned to 7 the applicant, the word “manufacturer”, “dealer”, or 8 “distributor” , ; and other information the commission 9 prescribes. The manufacturer, distributor, or dealer shall 10 have the assigned number printed upon or attached to a 11 removable sign or signs which may be temporarily but firmly 12 mounted or attached to the snowmobile being used. The display 13 shall meet the requirements of this chapter and the rules of 14 the commission. 15 4. The commission shall also issue duplicate special 16 registration certificates and decals which shall have displayed 17 thereon the general identification number assigned to the 18 applicant. Each duplicate registration certificate so issued 19 shall contain a number or symbol identifying it from every 20 other duplicate special registration certificate bearing 21 the same general identification number. The fee for each 22 additional duplicate special registration certificate and 23 decal shall be two five dollars. 24 5. Each special registration certificate issued 25 hereunder under this section shall be for a period of three 26 years and shall expire on December 31 of each the renewal year , 27 and a . A new special registration certificate for the ensuing 28 twelve months three-year renewal period may be obtained upon 29 application to the commission and payment of the fee provided 30 by law. 31 Sec. 16. Section 321G.23, Code 2009, is amended to read as 32 follows: 33 321G.23 Course of instruction. 34 1. The commission shall provide, by rules adopted pursuant 35 -5- LSB 5362SV (4) 83 av/sc 5/ 35
S.F. 2296 to section 321G.2, for the establishment of certified courses 1 of instruction to be conducted throughout the state for the 2 safe use and operation of snowmobiles. The curriculum shall 3 include instruction in the lawful and safe use, operation, and 4 equipping of snowmobiles consistent with this chapter and rules 5 adopted by the commission and the director of transportation 6 and other matters the commission deems pertinent for a 7 qualified snowmobile operator. The commission may establish 8 a fee for the course which shall not exceed the actual cost 9 of instruction minus moneys received by the department from 10 safety education certificate fees under section 321G.24. 11 2. The commission may certify any experienced, qualified 12 operator to be an instructor of a class established under 13 subsection 1. Each instructor shall be at least eighteen years 14 of age. 15 3. Upon completion of the course of instruction, the 16 commission shall provide for the administration of a written 17 test to any student who wishes to qualify for a safety an 18 education certificate. 19 4. The commission shall provide safety education material 20 relating to the operation of snowmobiles for the use of 21 nonpublic or public elementary and secondary schools in this 22 state. 23 5. The department may develop requirements and standards 24 for online education offerings. Only vendors who have entered 25 into a memorandum of understanding with the department 26 shall be permitted to offer an online course that results 27 in the issuance of an education certificate approved by the 28 commission. Vendors may charge for their courses and collect 29 the education certificate fee required under section 321G.24, 30 subsection 2, on behalf of the department as agreed to in the 31 memorandum of understanding. 32 Sec. 17. Section 321G.24, Code Supplement 2009, is amended 33 to read as follows: 34 321G.24 Safety Education certificate —— fee. 35 -6- LSB 5362SV (4) 83 av/sc 6/ 35
S.F. 2296 1. A person under eighteen years of age shall not operate a 1 snowmobile on public land or public ice or land purchased with 2 snowmobile registration funds in this state without obtaining a 3 valid safety education certificate issued by the department and 4 having the certificate in the person’s possession, unless the 5 person is accompanied on the same snowmobile by a responsible 6 person of at least eighteen years of age who is experienced in 7 snowmobile operation and possesses a valid driver’s license, as 8 defined in section 321.1, or a safety an education certificate 9 issued under this chapter. 10 2. Upon application successful completion of the course and 11 payment of a fee of five dollars, a qualified applicant 12 shall be issued a safety an education certificate which is 13 valid until the certificate is suspended or revoked by the 14 director for a violation of a provision of this chapter or a 15 rule adopted pursuant to this chapter. The application shall 16 be made on forms issued by the commission and shall contain 17 information as the commission may reasonably require. 18 3. Any person who is required to have a safety an 19 education certificate under this chapter and who has completed 20 a course of instruction established under section 321G.2, 21 subsection 1, paragraph “j” , including the successful passage 22 of an examination which includes a written test relating to 23 such course of instruction, shall be considered qualified to 24 receive a safety an education certificate. 25 4. The permit certificate fees collected under this section 26 shall be credited to the special snowmobile fund created under 27 section 321G.7 and shall be used for safety and educational 28 programs. 29 5. A valid snowmobile safety or education certificate or 30 license issued to a nonresident by a governmental authority 31 of another state shall be considered a valid certificate 32 or license in this state if the permit certification or 33 license licensing requirements of the governmental authority , 34 excluding fees, are substantially the same as the requirements 35 -7- LSB 5362SV (4) 83 av/sc 7/ 35
S.F. 2296 of this chapter as determined by the commission. 1 Sec. 18. Section 321G.29, subsection 8, Code 2009, is 2 amended to read as follows: 3 8. Once titled, a person shall not sell or transfer 4 ownership of a snowmobile without delivering to the purchaser 5 or transferee a certificate of title with an assignment on it 6 showing title in the purchaser or transferee purchaser’s or 7 transferee’s name . A person shall not purchase or otherwise 8 acquire a snowmobile without obtaining a certificate of title 9 for it in that person’s name. 10 Sec. 19. Section 321G.31, subsection 1, Code 2009, is 11 amended to read as follows: 12 1. If ownership of a snowmobile is transferred by 13 operation of law, such as by inheritance, order in bankruptcy, 14 insolvency, replevin, or execution sale, the transferee, within 15 thirty days after acquiring the right to possession of the 16 snowmobile, shall mail or deliver to the county recorder of 17 the transferee’s county of residence satisfactory proof of 18 ownership as the county recorder requires, together with an 19 application for a new certificate of title, and the required 20 fee. 21 Sec. 20. Section 321G.33, subsections 1 and 3, Code 2009, 22 are amended to read as follows: 23 1. The department may assign a distinguishing number to 24 a snowmobile when the serial number on the snowmobile is 25 destroyed or obliterated and issue to the owner a special 26 plate decal bearing the distinguishing number which shall be 27 affixed to the snowmobile in a position to be determined by 28 the department. The snowmobile shall be registered and titled 29 under the distinguishing number in lieu of the former serial 30 number. Every snowmobile shall have a vehicle identification 31 number assigned and affixed as required by the department. 32 3. A person shall not destroy, remove, alter, cover, or 33 deface the manufacturer’s vehicle identification number, the 34 plate or decal bearing it, or any vehicle identification number 35 -8- LSB 5362SV (4) 83 av/sc 8/ 35
S.F. 2296 the department assigns to a snowmobile without the department’s 1 permission. 2 Sec. 21. Section 321I.1, subsection 1, paragraph b, Code 3 Supplement 2009, is amended to read as follows: 4 b. Off-road motorcycles shall be considered all-terrain 5 vehicles for the purpose of registration. Off-road motorcycles 6 shall also be considered all-terrain vehicles for the 7 purpose of titling if a title has not previously been 8 issued pursuant to chapter 321. An operator of an off-road 9 motorcycle is subject to provisions governing the operation 10 of all-terrain vehicles in this chapter, but is exempt from 11 the safety education instruction and certification program 12 requirements of sections 321I.25 and 321I.26. 13 Sec. 22. Section 321I.1, subsection 16, paragraph b, Code 14 Supplement 2009, is amended to read as follows: 15 b. An owner of an off-road utility vehicle may register 16 or title an off-road utility vehicle in order to legally 17 operate the off-road vehicle on public ice, a designated 18 riding area, or a designated riding trail. The operator of an 19 off-road utility vehicle is subject to provisions governing the 20 operation of all-terrain vehicles in section 321.234A and this 21 chapter, but is exempt from the safety education instruction 22 and certification program requirements of sections 321I.25 and 23 321I.26. An operator of an off-road utility vehicle shall not 24 operate the vehicle on a designated riding area or designated 25 riding trail unless the department has posted signage 26 indicating the riding area or trail is open to the operation 27 of off-road utility vehicles. Off-road utility vehicles are 28 exempt from the dealer registration and titling requirements 29 of this chapter. A motorized vehicle that was previously 30 titled or is currently titled under chapter 321 shall not be 31 registered or operated as an off-road utility vehicle. 32 Sec. 23. Section 321I.1, subsection 25, Code Supplement 33 2009, is amended to read as follows: 34 25. “Safety “Education certificate” means an all-terrain 35 -9- LSB 5362SV (4) 83 av/sc 9/ 35
S.F. 2296 vehicle safety education certificate, approved by the 1 commission, which is issued to a qualified applicant who is 2 twelve years of age or older. 3 Sec. 24. Section 321I.2, subsection 1, paragraph f, Code 4 Supplement 2009, is amended to read as follows: 5 f. Issuance of safety education certificates. 6 Sec. 25. Section 321I.3, subsection 2, Code 2009, is amended 7 by striking the subsection. 8 Sec. 26. Section 321I.3, subsection 3, Code 2009, is amended 9 to read as follows: 10 3. 2. A violation of subsection 1 or 2 is punishable as 11 a scheduled violation under section 805.8B, subsection 2A, 12 paragraph “a” . When the scheduled fine is paid, the violator 13 shall submit proof to the department that a valid registration 14 or user permit has been obtained by providing a copy of the 15 registration or user permit to the department within thirty 16 days of the date the fine is paid. A person who violates this 17 subsection is guilty of a simple misdemeanor. 18 Sec. 27. Section 321I.4, subsection 2, Code 2009, is amended 19 to read as follows: 20 2. The owner of the all-terrain vehicle shall file an 21 application for registration with the department through 22 a the county recorder of the county of residence in the 23 manner established by the commission. The application shall 24 be completed by the owner and shall be accompanied by a fee 25 of fifteen dollars and a writing fee as provided in section 26 321I.29. An all-terrain vehicle shall not be registered by the 27 county recorder until the county recorder is presented with 28 receipts, bills of sale, or other satisfactory evidence that 29 the sales or use tax has been paid for the purchase of the 30 all-terrain vehicle or that the owner is exempt from paying the 31 tax. An all-terrain vehicle that has an expired registration 32 certificate from another state may be registered in this state 33 upon proper application, payment of all applicable registration 34 and writing fees, and payment of a penalty of five dollars. 35 -10- LSB 5362SV (4) 83 av/sc 10/ 35
S.F. 2296 Sec. 28. Section 321I.7, subsections 3 and 4, Code 2009, are 1 amended to read as follows: 2 3. Duplicate registrations may be issued upon application 3 to the by a county recorder or a license agent and the payment 4 of a five dollar fee plus a writing fee as provided in section 5 321I.29. 6 4. A motorcycle, as defined in section 321.1, subsection 7 40, paragraph “a” , may be registered as an all-terrain vehicle 8 as provided in this section. A motorcycle registered as an 9 all-terrain vehicle may participate in all programs established 10 for all-terrain vehicles under this chapter except for the 11 safety education instruction and certification program. 12 Sec. 29. Section 321I.8, Code 2009, is amended to read as 13 follows: 14 321I.8 Fees remitted to commission —— appropriation. 15 1. A county recorder or license agent shall remit to the 16 commission the all-terrain vehicle fees collected by the 17 recorder or license agent in the manner and time prescribed by 18 the department. 19 2. The department shall remit the fees, including user 20 fees collected pursuant to section 321I.5, to the treasurer 21 of state, who shall place the money in a special all-terrain 22 vehicle fund. The money is appropriated to the department for 23 the all-terrain vehicle programs of the state. The programs 24 shall include grants, subgrants, contracts, or cost-sharing 25 of all-terrain vehicle programs with political subdivisions 26 or incorporated private organizations or both in accordance 27 with rules adopted by the commission. All-terrain vehicle fees 28 may be used for the establishment, maintenance, and operation 29 of all-terrain vehicle recreational riding areas through the 30 awarding of grants administered by the department. All-terrain 31 vehicle recreational riding areas established, maintained, or 32 operated by the use of such grants shall not be operated for 33 profit. All programs using cost-sharing, grants, subgrants, 34 or contracts shall establish and implement a safety an 35 -11- LSB 5362SV (4) 83 av/sc 11/ 35
S.F. 2296 education instruction program either singly or in cooperation 1 with other all-terrain vehicle programs. All-terrain vehicle 2 fees may be used to support all-terrain vehicle programs on 3 a usage basis. At least fifty percent of the special fund 4 shall be available for political subdivisions or incorporated 5 private organizations or both. Moneys from the special fund 6 not used by the political subdivisions or incorporated private 7 organizations or both shall remain in the fund and may be used 8 by the department for the administration of the all-terrain 9 vehicle programs. Notwithstanding section 8.33, moneys in the 10 special fund shall not revert to the general fund of the state 11 at the end of a fiscal year. Notwithstanding section 12C.7, 12 subsection 2, interest or earnings on moneys in the special 13 fund shall remain in the fund. 14 Sec. 30. Section 321I.9, subsection 1, Code 2009, is amended 15 to read as follows: 16 1. All-terrain vehicles owned and used by the United 17 States, another this state, or a political subdivision of 18 another this state. 19 Sec. 31. Section 321I.13, Code 2009, is amended to read as 20 follows: 21 321I.13 Headlamp —— tail lamp Headlight —— taillight —— 22 brakes. 23 Every all-terrain vehicle operated during the hours of 24 darkness shall display a lighted headlamp headlight and tail 25 lamp taillight . Every all-terrain vehicle shall be equipped 26 with brakes. 27 Sec. 32. Section 321I.17, Code 2009, is amended to read as 28 follows: 29 321I.17 Special events. 30 The department may authorize the holding of organized 31 special events as defined in this chapter within this state. 32 The department shall adopt rules relating to the conduct of 33 special events held under department permits and designating 34 the equipment and facilities necessary for the safe operation 35 -12- LSB 5362SV (4) 83 av/sc 12/ 35
S.F. 2296 of all-terrain vehicles or , off-road motorcycles, and off-road 1 utility vehicles and for the safety of operators, participants, 2 and observers in the special events. A special event for 3 all-terrain vehicles may include motorcycles upon payment of 4 an entrance fee set by the organizer of the special event. The 5 department may require that part of the motorcycle entrance 6 fee be credited to pay costs of all-terrain vehicle programs 7 authorized pursuant to section 321I.8 . At least thirty 8 days before the scheduled date of a special event in this 9 state, an application shall be filed with the department for 10 authorization to conduct the special event. The application 11 shall set forth the date, time, and location of the proposed 12 special event and any other information the department 13 requires. The special event shall not be conducted without 14 written authorization of the department. Copies of the rules 15 shall be furnished by the department to any person making an 16 application. 17 Sec. 33. Section 321I.18, Code 2009, is amended to read as 18 follows: 19 321I.18 Violation of stop signal. 20 A person , after having who has received a visual or audible 21 signal from a peace officer to come to a stop , shall not 22 operate an all-terrain vehicle in willful or wanton disregard 23 of the signal , or interfere with or endanger the officer or any 24 other person or vehicle, or increase speed , or attempt to flee 25 or elude the officer. 26 Sec. 34. Section 321I.21, subsection 1, Code 2009, is 27 amended to read as follows: 28 1. The person is taking a prescribed safety education 29 training course and the operation is under the direct 30 supervision of a certified all-terrain vehicle safety 31 education instructor. 32 Sec. 35. Section 321I.22, subsections 1 through 5, Code 33 Supplement 2009, are amended to read as follows: 34 1. A manufacturer, distributor, or dealer owning an 35 -13- LSB 5362SV (4) 83 av/sc 13/ 35
S.F. 2296 all-terrain vehicle required to be registered under this 1 chapter may operate the all-terrain vehicle for purposes of 2 transporting, testing, demonstrating, or selling it without the 3 all-terrain vehicle being registered, except that a special 4 identification number registration decal issued to the owner as 5 provided in this chapter shall be displayed on the all-terrain 6 vehicle in the manner prescribed by rules of the commission . 7 The special identification number registration decal shall not 8 be used on an all-terrain vehicle offered for hire or for any 9 work or service performed by a manufacturer, distributor, or 10 dealer. 11 2. Every manufacturer, distributor, or dealer shall 12 register with the department by making application to the 13 commission, upon forms prescribed by the commission, for 14 a special registration certificate containing a general 15 identification number and for one or more duplicate special 16 registration certificates and decal . The applicant shall pay 17 a registration fee of fifteen forty-five dollars and submit 18 reasonable proof of the applicant’s status as a bona fide 19 manufacturer, distributor, or dealer as may be required by the 20 commission. 21 3. The commission, upon granting an application, 22 shall issue to the applicant a special registration 23 certificate containing and decal. The special registration 24 certificate shall contain the applicant’s name , and address, 25 the and general identification number ; assigned to 26 the applicant, the word “manufacturer”, “dealer”, or 27 “distributor” , ; and other information the commission 28 prescribes. The manufacturer, distributor, or dealer shall 29 have the assigned number printed upon or attached to a 30 removable sign or signs which may be temporarily but firmly 31 mounted or attached to the all-terrain vehicle being used. The 32 display shall meet the requirements of this chapter and the 33 rules of the commission. 34 4. The commission shall also issue duplicate special 35 -14- LSB 5362SV (4) 83 av/sc 14/ 35
S.F. 2296 registration certificates and decals which shall have displayed 1 thereon the general identification number assigned to the 2 applicant. Each duplicate registration certificate so issued 3 shall contain a number or symbol identifying it from every 4 other duplicate special registration certificate bearing 5 the same general identification number. The fee for each 6 additional duplicate special registration certificate and 7 decal shall be two five dollars. 8 5. Each special registration certificate issued 9 hereunder under this section shall be for a period of three 10 years and shall expire on December 31 of each the renewal year , 11 and a . A new special registration certificate for the ensuing 12 twelve months three-year renewal period may be obtained upon 13 application to the commission and payment of the fee provided 14 by law. 15 Sec. 36. Section 321I.25, Code 2009, is amended to read as 16 follows: 17 321I.25 Course of instruction. 18 1. The commission shall provide, by rules adopted pursuant 19 to section 321I.2, for the establishment of certified courses 20 of instruction to be conducted throughout the state for the 21 safe use and operation of all-terrain vehicles. The curriculum 22 shall include instruction in the lawful and safe use, 23 operation, and equipping of all-terrain vehicles consistent 24 with this chapter and rules adopted by the commission and the 25 director of transportation and other matters the commission 26 deems pertinent for a qualified all-terrain vehicle operator . 27 The commission may establish a fee for the course which shall 28 not exceed the actual cost of instruction minus moneys received 29 by the department from safety education certificate fees under 30 section 321I.26. 31 2. The commission may certify any experienced, qualified 32 operator to be an instructor of a class established under 33 subsection 1. Each instructor shall be at least eighteen years 34 of age. 35 -15- LSB 5362SV (4) 83 av/sc 15/ 35
S.F. 2296 3. Upon completion of the course of instruction, the 1 commission shall provide for the administration of either a 2 written test or the demonstration of adequate riding skills 3 to any student who wishes to qualify for a safety an 4 education certificate. 5 4. The commission shall provide safety education material 6 relating to the operation of all-terrain vehicles for the use 7 of nonpublic or public elementary and secondary schools in this 8 state. 9 5. The department may develop requirements and standards 10 for online education offerings. Only vendors who have entered 11 into a memorandum of understanding with the department 12 shall be permitted to offer an online course that results 13 in the issuance of an education certificate approved by the 14 commission. Vendors may charge for their courses and collect 15 the education certificate fee required under section 321I.26, 16 subsection 2, on behalf of the department as agreed to in the 17 memorandum of understanding. 18 Sec. 37. Section 321I.26, Code Supplement 2009, is amended 19 to read as follows: 20 321I.26 Safety Education certificate —— fee. 21 1. A person twelve years of age or older but less than 22 eighteen years of age shall not operate an all-terrain vehicle 23 on public land or ice or land purchased with all-terrain 24 vehicle registration funds in this state without obtaining a 25 valid safety education certificate issued by the department and 26 having the certificate in the person’s possession. 27 2. Upon application successful completion of the course and 28 payment of a fee of five dollars, a qualified applicant 29 shall be issued a safety an education certificate which is 30 valid until the certificate is suspended or revoked by the 31 director for a violation of a provision of this chapter or a 32 rule adopted pursuant to this chapter. The application shall 33 be made on forms issued by the commission and shall contain 34 information as the commission may reasonably require. 35 -16- LSB 5362SV (4) 83 av/sc 16/ 35
S.F. 2296 3. Any person who is required to have a safety an 1 education certificate under this chapter and who has completed 2 a course of instruction established under section 321I.2, 3 subsection 1, paragraph “i” , including the successful passage 4 of an examination which includes either a written test relating 5 to such course of instruction or the demonstration of adequate 6 riding skills, shall be considered qualified to receive a 7 safety an education certificate. 8 4. The permit certificate fees collected under this section 9 shall be credited to the special all-terrain vehicle fund and 10 shall be used for safety and educational programs. 11 5. A valid all-terrain vehicle safety or education 12 certificate or license issued to a nonresident by a 13 governmental authority of another state shall be considered 14 a valid certificate or license in this state if the 15 permit certification or license licensing requirements of the 16 governmental authority , excluding fees, are substantially the 17 same as the requirements of this chapter as determined by the 18 commission. 19 Sec. 38. Section 321I.31, subsection 8, Code 2009, is 20 amended to read as follows: 21 8. Once titled, a person shall not sell or transfer 22 ownership of an all-terrain vehicle without delivering to 23 the purchaser or transferee a certificate of title with 24 an assignment on it showing title in the purchaser or 25 transferee purchaser’s or transferee’s name . A person shall 26 not purchase or otherwise acquire an all-terrain vehicle 27 without obtaining a certificate of title for it in that 28 person’s name. 29 Sec. 39. Section 321I.33, subsection 1, Code 2009, is 30 amended to read as follows: 31 1. If ownership of an all-terrain vehicle is transferred by 32 operation of law, such as by inheritance, order in bankruptcy, 33 insolvency, replevin, or execution sale, the transferee, 34 within thirty days after acquiring the right to possession of 35 -17- LSB 5362SV (4) 83 av/sc 17/ 35
S.F. 2296 the all-terrain vehicle, shall mail or deliver to the county 1 recorder of the transferee’s county of residence satisfactory 2 proof of ownership as the county recorder requires, together 3 with an application for a new certificate of title, and the 4 required fee. 5 Sec. 40. Section 321I.35, subsections 1 and 3, Code 2009, 6 are amended to read as follows: 7 1. The department may assign a distinguishing number to an 8 all-terrain vehicle when the serial number on the all-terrain 9 vehicle is destroyed or obliterated and issue to the owner a 10 special plate decal bearing the distinguishing number which 11 shall be affixed to the all-terrain vehicle in a position to be 12 determined by the department. The all-terrain vehicle shall be 13 registered and titled under the distinguishing number in lieu 14 of the former serial number. Every all-terrain vehicle shall 15 have a vehicle identification number assigned and affixed as 16 required by the department. 17 3. A person shall not destroy, remove, alter, cover, or 18 deface the manufacturer’s vehicle identification number, the 19 plate or decal bearing it, or any vehicle identification number 20 the department assigns to an all-terrain vehicle without the 21 department’s permission. 22 Sec. 41. Section 455A.13, Code 2009, is amended to read as 23 follows: 24 455A.13 State nurseries. 25 1. Notwithstanding section 17A.2, subsection 11, 26 paragraph “g” , the department of natural resources shall adopt 27 administrative rules establishing a range of prices of plant 28 material grown at the state forest nurseries to cover all 29 expenses related to the growing of the plants. 30 1. 2. The department shall develop programs to encourage 31 the wise management and preservation of existing woodlands 32 and shall continue its efforts to encourage forestation and 33 reforestation on private and public lands in the state of Iowa 34 and in other states . 35 -18- LSB 5362SV (4) 83 av/sc 18/ 35
S.F. 2296 2. 3. The department shall encourage a cooperative 1 relationship between the state forest nurseries and private 2 nurseries in the state in order to achieve these goals. 3 Sec. 42. Section 461A.25, Code 2009, is amended to read as 4 follows: 5 461A.25 Leases and easements. 6 1. The commission may recommend that the executive 7 council lease property under the commission’s jurisdiction. 8 All leases shall reserve to the public of the state the 9 right to enter upon the property leased for any lawful 10 purpose. The council may, if it approves the recommendation 11 and the If a lease to be entered into is for a period 12 of five years or less, upon approval by the commission, the 13 director shall execute the lease in on behalf of the state 14 and commission. If the recommendation is for a lease is 15 for a period in excess of five years, with the exception of 16 agricultural lands specifically dealt with in Article I, 17 section 24 of the Constitution of the State of Iowa, the 18 council commission shall advertise for bids. If a bid is 19 accepted, the lease shall be let or executed by the council in 20 accordance with the most desirable bid. The commission may 21 accept bids and approve leases the commission determines to be 22 in the best interest of the state. The lease A lease shall 23 not be executed for a term longer than fifty years. Any such 24 leasehold interest, including any improvements placed on it, 25 shall be listed on the tax rolls as provided in chapters 428 26 and 443; assessed and valued as provided in chapter 441; taxes 27 shall be levied on it as provided in chapter 444 and collected 28 as provided in chapter 445; and the leasehold interest is 29 subject to tax sale, redemption, and apportionment of taxes 30 as provided in chapters 446, 447 , and 448. The lessee shall 31 discharge and pay all taxes. 32 2. The commission shall adopt rules providing for granting 33 easements to political subdivisions and utility companies 34 on state land under the jurisdiction of the department. 35 -19- LSB 5362SV (4) 83 av/sc 19/ 35
S.F. 2296 An applicant for an easement shall provide the director 1 with information setting forth the need for the easement, 2 availability of alternatives, and measures proposed to prevent 3 or minimize adverse impacts on the affected property. An 4 easement shall be executed by the director, approved as to form 5 by the attorney general, and if granted for a term longer than 6 five years, approved by the commission. 7 3. For the purposes of this section, property under the 8 commission’s jurisdiction does not include an area of the bed 9 of a lake or river occupied by a dock or other appurtenance or 10 means of access to a dock, including but not limited to boat 11 hoists and boat slips, or occupied by a boat ramp, constructed 12 or installed and maintained under littoral or riparian rights. 13 Sec. 43. Section 461C.2, subsection 5, Code 2009, is amended 14 to read as follows: 15 5. “Recreational purpose” means the following or any 16 combination thereof: Hunting, trapping, horseback riding, 17 fishing, swimming, boating, camping, picnicking, hiking, 18 pleasure driving, motorcycling, all-terrain vehicle 19 riding, nature study, water skiing, snowmobiling, other 20 summer and winter sports, and viewing or enjoying historical, 21 archaeological, scenic, or scientific sites while going to and 22 from or actually engaged therein. 23 Sec. 44. Section 462A.2, Code 2009, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 43A. “Watercraft education certificate” 26 means a certificate, approved by the commission, which is 27 issued to a qualified applicant who is twelve years of age or 28 older but less than eighteen years of age who has successfully 29 completed a watercraft education course approved by the 30 department. 31 Sec. 45. Section 462A.12, subsection 6, Code 2009, is 32 amended to read as follows: 33 6. An owner or operator of a vessel propelled by a motor 34 of more than ten horsepower shall not permit any person 35 -20- LSB 5362SV (4) 83 av/sc 20/ 35
S.F. 2296 under twelve years of age to operate the vessel unless 1 accompanied in or on the same vessel by a responsible person 2 of at least eighteen years of age who is experienced in 3 motorboat operation. A person who is twelve years of age 4 or older but less than eighteen years of age shall not 5 operate any vessel propelled by a motor of more than ten 6 horsepower unless the person has successfully completed a 7 department-approved watercraft safety education course and 8 obtained a watercraft safety education certificate or is 9 accompanied in or on the same vessel by a responsible person 10 of at least eighteen years of age who is experienced in 11 motorboat operation. A person required to have a watercraft 12 safety education certificate shall carry and shall exhibit or 13 make available the certificate upon request of an officer of 14 the department. A violation of this subsection is a simple 15 misdemeanor as provided in section 462A.13. However, a person 16 charged with violating this subsection shall not be convicted 17 if the person produces in court, within a reasonable time, a 18 department-approved watercraft education certificate. The 19 cost of a department watercraft education certificate, or any 20 duplicate, shall not exceed five dollars. 21 Sec. 46. NEW SECTION . 462A.12A Online watercraft education 22 courses. 23 1. The department shall develop requirements and standards 24 for online watercraft education courses. Only vendors who have 25 entered into a memorandum of understanding with the department 26 shall be approved by the department to offer an online 27 watercraft education course that upon successful completion is 28 sufficient to result in the issuance of a watercraft education 29 certificate to the person who completes the course. 30 2. A vendor approved to offer an online watercraft education 31 course as provided in subsection 1 may charge a fee for the 32 course as agreed to in the memorandum of understanding with 33 the department and may also collect the watercraft education 34 certificate fee on behalf of the department as agreed to in the 35 -21- LSB 5362SV (4) 83 av/sc 21/ 35
S.F. 2296 memorandum of understanding. 1 Sec. 47. Section 462A.36, Code 2009, is amended to read as 2 follows: 3 462A.36 Fee for special certificate —— minimum requirements 4 for issuance . 5 1. Any manufacturer or dealer may, upon payment of a fee of 6 fifteen dollars, make application to the commission, upon such 7 forms as the commission prescribes, for a special certificate 8 containing a general distinguishing number and for one or more 9 duplicate special certificates. The applicant shall submit 10 such reasonable proof of the applicant’s status as a bona fide 11 manufacturer or dealer as the commission may require. 12 2. The commission may adopt rules consistent with this 13 chapter establishing minimum requirements for a dealer or 14 manufacturer to be issued a special certificate. In adopting 15 such rules the department shall consider the need to protect 16 persons, property, and the environment, and to promote uniform 17 practices relating to the sale and use of vessels. The 18 commission may also adopt rules providing for the suspension or 19 revocation of a dealer’s or manufacturer’s special certificate 20 issued pursuant to this section. 21 Sec. 48. Section 462A.38, Code 2009, is amended to read as 22 follows: 23 462A.38 Duplicates Duplicate special certificates . 24 The commission shall also issue duplicate special 25 certificates as applied for which shall have displayed 26 thereon the general distinguishing number assigned to the 27 applicant. Each duplicate special certificate so issued shall 28 contain a number or symbol identifying the same from every 29 other duplicate special certificate bearing the same general 30 distinguishing number. The fee for each additional duplicate 31 special certificate shall be two dollars. 32 Sec. 49. Section 462A.39, Code 2009, is amended to read as 33 follows: 34 462A.39 Expiration date. 35 -22- LSB 5362SV (4) 83 av/sc 22/ 35
S.F. 2296 Each special certificate issued hereunder under this 1 chapter shall be for a period of three years and shall expire 2 at midnight on April 30 of the last calendar year of the 3 registration period, and a new special certificate may be 4 renewed for the ensuing registration another three-year period 5 may be obtained upon application to the commission and payment 6 of the fee provided by law. 7 Sec. 50. Section 462A.46, Code 2009, is amended to read as 8 follows: 9 462A.46 Purchase of registered vessel by dealer. 10 Whenever a dealer purchases or otherwise acquires a 11 vessel registered in this state, the dealer shall issue a 12 signed receipt to the previous owner, indicating the date of 13 purchase or acquisition, the name and address of such previous 14 owner, and the registration number of the vessel purchased 15 or acquired. The original receipt shall be delivered to the 16 previous owner and one copy shall be mailed or delivered by 17 the dealer to the county recorder of the county in which the 18 vessel is registered, and one copy shall be delivered to the 19 commission within forty-eight hours. 20 Sec. 51. Section 462A.52, subsections 2 and 3, Code 2009, 21 are amended to read as follows: 22 2. Notwithstanding subsection 1, any increase in revenues 23 received on or after July 1, 2007 2010 , but on or before June 24 30, 2013, pursuant to this section as a result of fee increases 25 pursuant to 2005 Acts, ch. 137, shall be used by the commission 26 only for the administration and enforcement of programs to 27 control aquatic invasive species and for the administration and 28 enforcement of navigation laws and water safety upon the inland 29 waters of this state and shall be used in addition to funds 30 already being expended by the commission each year for these 31 purposes. The commission shall not reduce the amount of other 32 funds being expended on an annual basis for these purposes 33 as of July 1, 2005, during the period of the appropriation 34 provided for in this subsection. 35 -23- LSB 5362SV (4) 83 av/sc 23/ 35
S.F. 2296 3. The commission shall submit a written report to the 1 general assembly by December 31, 2007 2010 , and by December 31 2 of each year thereafter through December 31, 2013, summarizing 3 the activities of the department in administering and enforcing 4 programs to control aquatic invasive species and administering 5 and enforcing navigation laws and water safety upon the inland 6 waters of the state . The report shall include information 7 concerning the amount of revenues collected pursuant to this 8 section as a result of fee increases pursuant to 2005 Acts, 9 ch. 137, and how the revenues were expended. The report shall 10 also include information concerning the amount and source of 11 all other funds expended by the commission during the year for 12 the purposes of administering and enforcing programs to control 13 aquatic invasive species and administering and enforcing 14 navigation laws and water safety upon the inland waters of the 15 state and how the funds were expended. 16 Sec. 52. Section 481A.22, Code 2009, is amended to read as 17 follows: 18 481A.22 Field and retriever meets or trials —— permit 19 required. 20 1. All officially sanctioned field meets or trials 21 and retriever meets or trials where the skill of dogs is 22 demonstrated in pointing, retrieving, trailing, or chasing any 23 game bird, game animal, or fur-bearing animal shall require a 24 field meet or trial permit. Except as otherwise provided by 25 law, it shall be unlawful to kill any wildlife in such events. 26 2. Notwithstanding the provisions of section 481A.21 it 27 shall be lawful to hold field meets or trials and retriever 28 meets or trials where dogs are permitted to work in exhibition 29 or contest whereby the skill of dogs is demonstrated by 30 retrieving dead or wounded game birds which have been 31 propagated by licensed game breeders within the state or 32 secured from lawful sources outside the state and lawfully 33 brought into the state. All such birds must be released on 34 the day of the meets or trials on premises where the meets 35 -24- LSB 5362SV (4) 83 av/sc 24/ 35
S.F. 2296 or trials are held. 1 3. a. Such birds Birds released pursuant to subsection 2 2 may be shot by official guns after having secured a permit as 3 herein provided. 4 b. Such permits may be issued by the director of the 5 department upon proper application and the payment of a fee of 6 two twenty-five dollars for each trial held with twenty-five 7 or more participating dogs and a fee of eight dollars for each 8 trial held with less than twenty-five participating dogs . 9 4. A representative of the department shall attend all such 10 meets or trials and enforce the laws and regulations governing 11 same the meets or trials . 12 5. The person or persons designated by the committee in 13 charge to do the shooting for such meets or trials shall be 14 known as the official guns, and no other person shall be 15 permitted to kill or attempt to kill any of the birds released 16 for such meets or trials. 17 6. Before any birds are released under this section, 18 they must shall each have attached a tag provided by the 19 department and attached by a representative of the department 20 at a cost of not more than ten cents for each tag. All tags 21 are to shall remain attached to birds until prepared for 22 consumption. 23 7. It is unlawful for any person to hold, conduct, or to 24 participate in a field or retriever meet or trial before the 25 permit required by this section has been secured or for any 26 person to possess or remove from the meet or trial grounds any 27 birds which have not been tagged as herein required. 28 Sec. 53. NEW SECTION . 481A.41 Feeding or baiting of 29 wildlife prohibited. 30 1. As used in this section, unless the context otherwise 31 requires: 32 a. “Baited area” means any area where any feed is 33 intentionally placed, deposited, distributed, or scattered 34 so as to lure, attract, or entice wildlife to, on, or over a 35 -25- LSB 5362SV (4) 83 av/sc 25/ 35
S.F. 2296 specific location. An area shall remain a baited area for 1 thirty days following complete removal of all feed, except for 2 salt, minerals, or any other feed that will dissolve and leach 3 into the soil, in which case such area shall be considered a 4 permanently baited area until such time as all contaminated 5 soil is either removed or covered in such a manner that the 6 area no longer serves to artificially attract wildlife. 7 b. “Feed” means any grain, fruit, vegetable, nut, hay, 8 salt, mineral, or any other natural food material, commercial 9 products containing natural food materials or by-products of 10 such materials, or other food material that is capable of 11 luring, attracting, or enticing wildlife. Scents or lures used 12 to mask human odor or attract wildlife by the sense of smell 13 are not considered feed. 14 c. “Wildlife” means any wild bird or wild animal residing in 15 or migrating through the state of Iowa. 16 2. Except as provided in subsection 3, feeding or baiting 17 of wildlife is unlawful. A person shall not place, deposit, 18 distribute, or scatter feed for wildlife on any public or 19 private property, or knowingly allow another person to place, 20 deposit, distribute, or scatter feed for wildlife on private 21 property under the person’s ownership or lease in the state. 22 It shall be unlawful to hunt, take, or attempt to take any 23 wildlife on or in a baited area. 24 3. The prohibitions contained in subsection 2 are not 25 applicable to the following: 26 a. Feed that is used to attract wildlife for viewing and 27 observation if the feed is placed within fifty yards of a 28 residence, dwelling, or other structure permanently inhabited 29 by a person. However, such an area shall be considered a 30 baited area for the purpose of hunting, taking, or attempting 31 to take wildlife in or on that area. 32 b. Feed that is present solely as a result of normal 33 agricultural, forest management, orchard management, wildlife 34 food planting, or other similar land management practices. 35 -26- LSB 5362SV (4) 83 av/sc 26/ 35
S.F. 2296 c. Feed that is placed for agricultural or livestock 1 purposes if one or more of the following conditions apply: 2 (1) The feed is placed for domestic livestock that are 3 present and actively consuming the feed on a regular basis. 4 (2) The feed is covered to deter wildlife from gaining 5 access to the feed, or the feed is stored in a manner 6 consistent with normal agricultural practices. 7 d. Feed that is placed for purposes such as including 8 but not limited to population control, capture and handling 9 of wildlife, or other specific purposes under written 10 authorization from the director or the director’s designee, 11 or as otherwise provided by law. This section shall not 12 be construed to limit employees of agencies of the state, 13 the United States, or local animal control officers in the 14 performance of their official duties related to public health, 15 wildlife management, or wildlife removal. 16 e. Feed that is placed for the purpose of luring fur-bearing 17 animals for trapping as permitted by law. 18 f. Feed that is placed within the confines of a whitetail 19 deer hunting preserve that is licensed by the department 20 pursuant to chapter 484C. 21 4. A person who violates any provision of this section 22 is guilty of a simple misdemeanor punishable as a scheduled 23 violation under section 805.8B, subsection 3, paragraph “e” . 24 5. In addition to any other penalties imposed under this 25 section, a person charged with unlawful feeding or baiting 26 of wildlife shall immediately remove all feed from the 27 baited area. Failure to do so shall constitute an additional 28 violation of this section for each day that the feed remains. 29 6. During the twelve-month period beginning July 1, 30 2010, and ending June 30, 2011, peace officers shall issue 31 only warning citations for violations of this section. This 32 subsection is repealed July 1, 2011. 33 Sec. 54. Section 483A.1, subsection 2, paragraph s, Code 34 Supplement 2009, is amended by striking the paragraph. 35 -27- LSB 5362SV (4) 83 av/sc 27/ 35
S.F. 2296 Sec. 55. Section 805.8B, subsection 2, paragraphs a and g, 1 Code Supplement 2009, are amended to read as follows: 2 a. For registration or user permit violations under section 3 321G.3, subsections subsection 1 and 2 , the scheduled fine is 4 fifty dollars. 5 g. For violations of section 321G.20 and for 6 safety education certificate violations under section 7 321G.24, subsection 1, the scheduled fine is fifty dollars. 8 Sec. 56. Section 805.8B, subsection 2A, paragraphs a and g, 9 Code Supplement 2009, are amended to read as follows: 10 a. For registration or user permit violations under section 11 321I.3, subsections subsection 1 and 2 , the scheduled fine is 12 fifty dollars. 13 g. For violations of section 321I.21 and for 14 safety education certificate violations under section 15 321I.26, subsection 1, the scheduled fine is fifty dollars. 16 Sec. 57. Section 805.8B, subsection 3, paragraph e, Code 17 Supplement 2009, is amended to read as follows: 18 e. For violations of sections 481A.41, 481A.57, 481A.85, 19 481A.93, 481A.95, 481A.120, 481A.137, 481B.5, 482.3, 482.9, 20 482.15, and 483A.42, the scheduled fine is one hundred dollars. 21 Sec. 58. Section 805.8B, subsection 6, paragraph c, Code 22 Supplement 2009, is amended to read as follows: 23 c. For violations of section sections 461A.35, 461A.42, 24 and 461A.44, the scheduled fine is fifty dollars. 25 Sec. 59. REPEAL. Sections 462A.40 and 462A.42, Code 2009, 26 are repealed. 27 Sec. 60. REPEAL. Chapter 568, Code 2009, is repealed. 28 EXPLANATION 29 This bill relates to various conservation and recreation 30 activities under the purview of the department of natural 31 resources, and makes penalties applicable. 32 SNOWMOBILE REGULATION. The bill makes numerous revisions 33 to Code chapter 321G, which provides for the regulation 34 of snowmobiles by the department. The bill specifies that 35 -28- LSB 5362SV (4) 83 av/sc 28/ 35
S.F. 2296 the natural resource commission may adopt rules for the 1 use of snowmobiles on designated snowmobile trails and for 2 maintenance, signing, and operation of the trails. The scope 3 of grant programs and contracts administered by the department 4 is expanded to include the signage of designated snowmobile 5 trails. “Designated snowmobile trail” is defined to mean a 6 snowmobile riding trail on any public land, private land, or 7 public ice that is designated by the department, a political 8 subdivision, or a controlling authority for snowmobile use. 9 The bill specifies that the original application for 10 registration of a snowmobile must be filed with the county 11 recorder of the owner’s county of residence. If a transfer 12 of ownership occurs by operation of law, the application must 13 be filed in the transferee’s county of residence. Duplicate 14 registrations and registration renewals may be accomplished 15 through a county recorder or a license agent and fees collected 16 by a county recorder or license agent are to be remitted 17 directly to the commission. 18 The bill revises the list of exemptions from snowmobile 19 registration requirements by removing snowmobiles owned by 20 another state or a political subdivision of another state 21 and by adding snowmobiles owned by this state or a political 22 subdivision of this state. Current provisions for the 23 issuance of registration certificates and registration decals 24 for snowmobiles owned by the state of Iowa or its political 25 subdivisions is stricken. 26 The bill makes a technical change requiring every snowmobile 27 to be equipped with a headlight and a taillight, rather than a 28 headlamp and a tail lamp. 29 The bill increases the fee for a special registration 30 certificate from $15 to $45 for snowmobile manufacturers, 31 distributors, and dealers and extends the registration 32 period from one year to three years. The bill provides 33 for the issuance of a special registration decal along with 34 the special registration certificate. The decal is to be 35 -29- LSB 5362SV (4) 83 av/sc 29/ 35
S.F. 2296 displayed on a snowmobile when it is being operated for 1 purposes of transporting, testing, demonstrating, or selling 2 the snowmobile. Duplicate registration certificates and decals 3 may be issued for a fee of $5. 4 Pursuant to current law, a safety certificate is required 5 for operation of a snowmobile by a person under 16 years of 6 age, and a person 12 to 15 years of age must be under the direct 7 supervision of a parent, guardian, or another adult authorized 8 by the parent or guardian when operating a snowmobile. The 9 bill makes a terminology change by replacing the existing 10 “safety certificate” with an “education certificate” throughout 11 Code chapter 321G. In addition, the bill defines “direct 12 supervision” to mean providing supervision of another person 13 while maintaining visual and verbal contact at all times. 14 The bill authorizes the department to develop requirements 15 and standards for the provision of online education resulting 16 in the issuance of education certificates. A vendor must 17 enter into a memorandum of understanding with the department 18 to conduct such a course. Pursuant to the memorandum of 19 understanding, a vendor may charge a fee for the online course 20 and collect the education certificate fee on behalf of the 21 department. 22 The bill provides that when a serial number on a snowmobile 23 is destroyed or obliterated and the department assigns a 24 distinguishing number to the snowmobile, the department may 25 issue a special decal, rather than a plate, to be affixed to 26 the snowmobile and bearing the distinguishing number. 27 ALL-TERRAIN VEHICLE REGULATION. The bill makes numerous 28 revisions to Code chapter 321I, which provides for the 29 regulation of all-terrain vehicles by the department. The bill 30 specifies that the original application for registration of an 31 all-terrain vehicle must be filed with the county recorder of 32 the county of residence. If a transfer of ownership occurs 33 by operation of law, the application must be filed in the 34 transferee’s county of residence. Duplicate registrations and 35 -30- LSB 5362SV (4) 83 av/sc 30/ 35
S.F. 2296 registration renewals may be accomplished through a county 1 recorder or a license agent, and fees collected by a county 2 recorder or license agent are to be remitted directly to the 3 commission. The bill revises the list of exemptions from 4 registration requirements by removing all-terrain vehicles 5 owned by another state or a political subdivision of another 6 state and by adding all-terrain vehicles owned by this state 7 or a political subdivision of this state. Current provisions 8 for the issuance of registration certificates and registration 9 decals for all-terrain vehicles owned by the state of Iowa or 10 its political subdivisions is stricken. 11 The bill makes a technical change requiring every 12 all-terrain vehicle to be equipped with a headlight and a 13 taillight, rather than a headlamp and a tail lamp. 14 The bill provides for the inclusion of motorcycles and 15 off-road utility vehicles in special events and strikes a 16 requirement for the crediting of motorcycle entrance fees for 17 such events. Also, the requirement that the department furnish 18 a copy of the rules for a special event to an applicant for the 19 event is stricken in the bill. 20 The bill makes technical changes to clarify language 21 relating to a person who violates a stop signal from a peace 22 officer. 23 The bill increases the fee for a special registration 24 certificate from $15 to $45 for all-terrain vehicle 25 manufacturers, distributors, and dealers and extends the 26 registration period from one year to three years. The bill 27 provides for the issuance of a special registration decal 28 along with the special registration certificate. The decal 29 is to be displayed on an all-terrain vehicle when it is being 30 operated for purposes of transporting, testing, demonstrating, 31 or selling the vehicle. Duplicate registration certificates 32 and decals may be issued for a fee of $5. 33 Pursuant to current law, a safety certificate is required 34 for operation of an all-terrain vehicle on public land or ice 35 -31- LSB 5362SV (4) 83 av/sc 31/ 35
S.F. 2296 by a person between 12 and 18 years of age. The bill replaces 1 the “safety certificate” with an “education certificate” 2 throughout Code chapter 321I. The bill authorizes the 3 department to develop requirements and standards for the 4 provision of online education resulting in the issuance of 5 education certificates. A vendor must enter into a memorandum 6 of understanding with the department to conduct such a course. 7 Pursuant to the memorandum of understanding, a vendor may 8 charge a fee for the online course and collect the education 9 certificate fee on behalf of the department. 10 The bill provides that when a serial number on an all-terrain 11 vehicle is destroyed or obliterated and the department assigns 12 a distinguishing number to the all-terrain vehicle, the 13 department may issue a special decal, rather than a plate, 14 to be affixed to the all-terrain vehicle and bearing the 15 distinguishing number. 16 STATE NURSERIES. Code section 455A.13 is amended to require 17 the department to continue to develop programs to encourage 18 the wise management and preservation of existing woodlands and 19 reforestation on private and public land both in Iowa and other 20 states. 21 LEASES OF PUBLIC PROPERTY. Code section 461A.25 is amended 22 to provide that the natural resource commission instead of the 23 executive council may approve leases of public property that 24 are in the best interest of the state. Leases that are for 25 a period in excess of five years must be advertised for bids 26 before approval by the commission. 27 PUBLIC USE OF PRIVATE LANDS AND WATERS. Code section 28 461C.2(5) is amended to include all-terrain vehicle riding 29 among the public recreational purposes to be encouraged on 30 private land in the state. 31 WATERCRAFT EDUCATION COURSES AND CERTIFICATES. Code section 32 462A.2 is amended to include a definition of “watercraft 33 education certificate” that is issued to a qualified applicant 34 12 to 17 years of age. Code section 462A.12(6) is amended to 35 -32- LSB 5362SV (4) 83 av/sc 32/ 35
S.F. 2296 change the nomenclature for the requirements that must be met 1 by a 12 to 17 year old to operate certain watercraft without an 2 adult in the watercraft. Such a person is required to complete 3 a department-approved watercraft education, instead of safety, 4 course and obtain a watercraft education, instead of safety, 5 certificate. 6 New Code section 462A.12A requires the department to 7 develop requirements and standards for vendors to offer online 8 watercraft education courses. Approved vendors may charge a 9 fee for the course as provided in a memorandum of understanding 10 with the department and must also collect the watercraft 11 education certificate fee on behalf of the department if the 12 course is offered independently of a required field day or 13 other curriculum requirements. 14 SPECIAL CERTIFICATES FOR WATERCRAFT DEALERS AND 15 MANUFACTURERS. Code section 462A.36 is amended to require the 16 natural resource commission to adopt rules establishing minimum 17 requirements for special certificates to be issued, suspended, 18 or revoked for vessel dealers or manufacturers, instead 19 of registrations, considering the need to protect persons, 20 property, and the environment, and to promote uniform practices 21 relating to the sale and use of vessels. 22 Code section 462A.38 is amended to delete a requirement that 23 duplicate special certificates issued contain unique numbers 24 or symbols. 25 Code section 462A.39 is amended to provide that each special 26 certificate is issued for three years, expires on April 30 of 27 the last calendar year of the registration period, and may be 28 renewed for another three-year period upon application and 29 payment of a fee. 30 Code section 462A.40, requiring manufacturers or dealers 31 to keep written records of the vessels upon which special 32 certificates are used, and Code section 462A.42, requiring 33 dealers to furnish a list to the commission each year of all 34 used vessels held by them and for which registration has not 35 -33- LSB 5362SV (4) 83 av/sc 33/ 35
S.F. 2296 been paid, are repealed. 1 Code section 462A.46 is amended to delete a requirement that 2 when a dealer purchases or acquires a registered vessel, the 3 dealer must mail or deliver a copy of the original receipt 4 issued to the county recorder of the county where the vessel 5 is registered and to the natural resource commission within 48 6 hours. 7 CONTROL OF AQUATIC INVASIVE SPECIES. Code section 462A.52 8 is amended to provide that the natural resource commission is 9 not limited to using increases in revenue received on or after 10 July 1, 2010, resulting from boat registration fee increases 11 enacted in 2005, for the administration and enforcement 12 of programs to control aquatic invasive species and to the 13 administration and enforcement of navigation laws and water 14 safety only upon the inland waters of the state. 15 WILDLIFE CONSERVATION. Code section 481A.22 is amended to 16 provide that permits allowing birds released at an officially 17 sanctioned field or retriever meet or trial to be shot by 18 designated persons, may be issued by the director of the 19 department of natural resources upon application and payment of 20 a fee based on the number of participating dogs. 21 New Code section 481A.41 prohibits the feeding or baiting 22 of wild birds or animals by intentionally placing, depositing, 23 distributing, or scattering feed to lure or attract such 24 wildlife to a specific location. The provision also prohibits 25 hunting, taking, or attempting to take wildlife in such 26 an area. There are a number of specific exceptions to the 27 prohibition against feeding or baiting wildlife. A violation 28 of the Code section is a simple misdemeanor and is punishable 29 with a scheduled fine of $100 under Code section 805.8B(3)(e). 30 A person charged with a violation of the Code section is 31 required to immediately remove all feed from the baited area. 32 Each day that the feed remains in that area constitutes an 33 additional violation. Peace officers shall issue warning 34 citations only for a violation of the new provision from July 35 -34- LSB 5362SV (4) 83 av/sc 34/ 35
S.F. 2296 1, 2010, through June 30, 2011. 1 FALCONRY LICENSE. Code section 483A.1(2)(s) allowing for 2 the sale of falconry licenses to nonresidents, is stricken. 3 ISLANDS AND ABANDONED RIVER CHANNELS. Code chapter 568 4 concerning the sale and disposal of abandoned channels of 5 navigable streams and unsurveyed or unplatted bars or islands 6 in the channels of navigable streams in Iowa, is repealed. 7 PUBLIC LANDS AND WATERS —— PENALTIES. Code section 8 805.8B(6)(c) is amended to provide that a violation of Code 9 section 461A.35 prohibiting destructive acts on public lands 10 and waters, and Code section 461A.42 prohibiting the use of 11 firearms, explosives, weapons, and fireworks in state parks and 12 preserves with some exceptions, is punishable as a scheduled 13 violation with a fine of $50. Currently, a person who violates 14 one of these Code sections is guilty of a simple misdemeanor. 15 -35- LSB 5362SV (4) 83 av/sc 35/ 35