Senate
Study
Bill
3119
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
NATURAL
RESOURCES
BILL)
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
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Section
1.
Section
80B.3,
subsection
3,
Code
2009,
is
1
amended
to
read
as
follows:
2
3.
“Law
enforcement
officer”
means
an
a
full-time
officer
3
appointed
by
the
director
of
the
department
of
natural
4
resources
pursuant
to
section
456A.13
,
a
member
of
a
police
5
force
or
other
agency
or
department
of
the
state,
county,
6
city,
or
tribal
government
regularly
employed
as
such
and
who
7
is
responsible
for
the
prevention
and
detection
of
crime
and
8
the
enforcement
of
the
criminal
laws
of
this
state
and
all
9
individuals,
as
determined
by
the
council,
who
by
the
nature
of
10
their
duties
may
be
required
to
perform
the
duties
of
a
peace
11
officer.
12
Sec.
2.
Section
321G.1,
Code
2009,
is
amended
by
adding
the
13
following
new
subsections:
14
NEW
SUBSECTION
.
5A.
“Designated
snowmobile
trail”
means
a
15
snowmobile
riding
trail
on
any
public
land,
private
land,
or
16
ice
that
has
been
designated
by
the
department,
a
political
17
subdivision,
or
a
controlling
authority
for
snowmobile
use.
18
NEW
SUBSECTION
.
5B.
“Direct
supervision”
means
to
provide
19
supervision
of
another
person
while
maintaining
visual
and
20
verbal
contact
at
all
times.
21
Sec.
3.
Section
321G.1,
subsection
19,
Code
2009,
is
amended
22
to
read
as
follows:
23
19.
“Safety
“Education
certificate”
means
a
snowmobile
24
safety
education
certificate,
approved
by
the
commission,
which
25
is
issued
to
a
qualified
applicant
who
is
twelve
years
of
age
26
or
older.
27
Sec.
4.
Section
321G.2,
subsection
1,
paragraphs
c,
e,
and
28
f,
Code
Supplement
2009,
are
amended
to
read
as
follows:
29
c.
Use
of
snowmobiles
on
designated
snowmobile
trails
30
and
public
lands
under
the
jurisdiction
of
the
commission.
31
e.
Establishment
of
a
program
of
grants,
subgrants,
32
and
contracts
to
be
administered
by
the
department
for
the
33
development,
maintenance,
signing,
and
operation
of
designated
34
snowmobile
trails
and
the
operation
of
grooming
equipment
by
35
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political
subdivisions
and
incorporated
private
organizations.
1
f.
Issuance
of
safety
education
certificates.
2
Sec.
5.
Section
321G.2,
subsection
1,
Code
Supplement
2009,
3
is
amended
by
adding
the
following
new
paragraph:
4
NEW
PARAGRAPH
.
l.
Maintenance,
signing,
and
operation
of
5
designated
snowmobile
trails.
6
Sec.
6.
Section
321G.3,
subsection
2,
Code
2009,
is
amended
7
by
striking
the
subsection.
8
Sec.
7.
Section
321G.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
2,
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.
8.
Section
321G.4,
subsection
2,
Code
2009,
is
amended
19
to
read
as
follows:
20
2.
The
owner
of
the
snowmobile
shall
file
an
application
21
for
registration
with
the
department
through
a
the
county
22
recorder
of
the
county
of
residence
in
the
manner
established
23
by
the
commission.
The
application
shall
be
completed
by
the
24
owner
and
shall
be
accompanied
by
a
fee
of
fifteen
dollars
and
25
a
writing
fee
as
provided
in
section
321G.27.
A
snowmobile
26
shall
not
be
registered
by
the
county
recorder
until
the
27
county
recorder
is
presented
with
receipts,
bills
of
sale,
28
or
other
satisfactory
evidence
that
the
sales
or
use
tax
has
29
been
paid
for
the
purchase
of
the
snowmobile
or
that
the
30
owner
is
exempt
from
paying
the
tax.
A
snowmobile
that
has
31
an
expired
registration
certificate
from
another
state
may
be
32
registered
in
this
state
upon
proper
application,
payment
of
33
all
applicable
registration
and
writing
fees,
and
payment
of
a
34
penalty
of
five
dollars.
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Sec.
9.
Section
321G.6,
subsection
3,
Code
2009,
is
amended
1
to
read
as
follows:
2
3.
Duplicate
registrations
may
be
issued
upon
application
3
to
the
by
a
county
recorder
and
or
a
license
agent
upon
the
4
payment
of
a
five
dollar
fee
plus
a
writing
fee
as
provided
in
5
section
321G.27.
6
Sec.
10.
Section
321G.7,
subsection
1,
Code
2009,
is
amended
7
to
read
as
follows:
8
1.
A
county
recorder
or
license
agent
shall
remit
to
the
9
commission
the
snowmobile
fees
collected
by
the
recorder
10
or
license
agent
in
the
manner
and
time
prescribed
by
the
11
department.
12
Sec.
11.
Section
321G.8,
subsection
1,
Code
2009,
is
amended
13
to
read
as
follows:
14
1.
Snowmobiles
owned
and
used
by
the
United
States,
15
another
this
state,
or
a
political
subdivision
of
16
another
this
state.
17
Sec.
12.
Section
321G.9,
subsection
6,
Code
2009,
is
amended
18
by
striking
the
subsection.
19
Sec.
13.
Section
321G.12,
Code
2009,
is
amended
to
read
as
20
follows:
21
321G.12
Headlamp
——
tail
lamp
Headlight
——
taillight
——
22
brakes.
23
Every
snowmobile
shall
be
equipped
with
at
least
one
24
headlamp
headlight
and
one
tail
lamp
taillight
.
Every
25
snowmobile
shall
be
equipped
with
brakes.
26
Sec.
14.
Section
321G.17,
Code
2009,
is
amended
to
read
as
27
follows:
28
321G.17
Violation
of
stop
signal.
29
A
person
,
after
having
who
has
received
a
visual
or
audible
30
signal
from
a
peace
officer
to
come
to
a
stop,
shall
not
31
operate
a
snowmobile
in
willful
or
wanton
disregard
of
the
32
signal
,
or
interfere
with
or
endanger
the
officer
or
any
other
33
person
or
vehicle,
or
increase
speed
,
or
attempt
to
flee
or
34
elude
the
officer.
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Sec.
15.
Section
321G.20,
Code
2009,
is
amended
to
read
as
1
follows:
2
321G.20
Minors
under
twelve
sixteen
——
supervision
3
requirements
.
4
1.
An
owner
or
operator
of
a
snowmobile
shall
not
permit
a
5
person
under
twelve
years
of
age
to
operate
and
a
person
less
6
than
twelve
years
of
age
shall
not
operate,
a
snowmobile
on
a
7
designated
snowmobile
trail,
public
land,
or
ice
except
when
8
accompanied
on
the
same
snowmobile
by
a
responsible
person
of
9
at
least
eighteen
years
of
age
who
is
experienced
in
snowmobile
10
operation
and
who
possesses
a
valid
driver’s
license,
as
11
defined
in
section
321.1,
or
a
safety
an
education
certificate
12
issued
under
this
chapter.
13
2.
While
operating
a
snowmobile
on
a
designated
snowmobile
14
trail,
public
land,
or
ice,
a
person
twelve
to
fifteen
years
15
of
age
and
possessing
a
valid
education
certificate
must
16
be
under
the
direct
supervision
of
a
parent,
guardian,
or
17
another
adult
authorized
by
the
parent
or
guardian,
who
is
18
experienced
in
snowmobile
operation,
and
who
possesses
a
valid
19
driver’s
license,
as
defined
in
section
321.1,
or
an
education
20
certificate
issued
under
this
chapter.
21
3.
A
person
under
sixteen
years
of
age
shall
not
operate
a
22
snowmobile
on
or
across
a
public
highway
unless
the
person
has
23
in
the
person’s
possession
an
education
certificate
issued
to
24
the
person
pursuant
to
this
chapter.
25
Sec.
16.
Section
321G.21,
subsections
1
through
5,
Code
26
Supplement
2009,
are
amended
to
read
as
follows:
27
1.
A
manufacturer,
distributor,
or
dealer
owning
a
28
snowmobile
required
to
be
registered
under
this
chapter
29
may
operate
the
snowmobile
for
purposes
of
transporting,
30
testing,
demonstrating,
or
selling
it
without
the
snowmobile
31
being
registered,
except
that
a
special
identification
32
number
registration
decal
issued
to
the
owner
as
provided
33
in
this
chapter
shall
be
displayed
on
the
snowmobile
in
the
34
manner
prescribed
by
rules
of
the
commission
.
The
special
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identification
number
registration
decal
shall
not
be
used
1
on
a
snowmobile
offered
for
hire
or
for
any
work
or
service
2
performed
by
a
manufacturer,
distributor,
or
dealer.
3
2.
Every
manufacturer,
distributor,
or
dealer
shall
4
register
with
the
department
by
making
application
to
the
5
commission,
upon
forms
prescribed
by
the
commission,
for
6
a
special
registration
certificate
containing
a
general
7
identification
number
and
for
one
or
more
duplicate
special
8
registration
certificates
and
decal
.
The
applicant
shall
pay
9
a
registration
fee
of
fifteen
forty-five
dollars
and
submit
10
reasonable
proof
of
the
applicant’s
status
as
a
bona
fide
11
manufacturer,
distributor,
or
dealer
as
may
be
required
by
the
12
commission.
13
3.
The
commission,
upon
granting
an
application,
14
shall
issue
to
the
applicant
a
special
registration
15
certificate
containing
and
decal.
The
special
registration
16
certificate
shall
contain
the
applicant’s
name
,
and
address,
17
the
and
general
identification
number
;
assigned
to
18
the
applicant,
the
word
“manufacturer”,
“dealer”,
or
19
“distributor”
,
;
and
other
information
the
commission
20
prescribes.
The
manufacturer,
distributor,
or
dealer
shall
21
have
the
assigned
number
printed
upon
or
attached
to
a
22
removable
sign
or
signs
which
may
be
temporarily
but
firmly
23
mounted
or
attached
to
the
snowmobile
being
used.
The
display
24
shall
meet
the
requirements
of
this
chapter
and
the
rules
of
25
the
commission.
26
4.
The
commission
shall
also
issue
duplicate
special
27
registration
certificates
and
decals
which
shall
have
displayed
28
thereon
the
general
identification
number
assigned
to
the
29
applicant.
Each
duplicate
registration
certificate
so
issued
30
shall
contain
a
number
or
symbol
identifying
it
from
every
31
other
duplicate
special
registration
certificate
bearing
32
the
same
general
identification
number.
The
fee
for
each
33
additional
duplicate
special
registration
certificate
and
34
decal
shall
be
two
five
dollars.
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5.
Each
special
registration
certificate
issued
1
hereunder
under
this
section
shall
be
for
a
period
of
three
2
years
and
shall
expire
on
December
31
of
each
the
renewal
year
,
3
and
a
.
A
new
special
registration
certificate
for
the
ensuing
4
twelve
months
three-year
renewal
period
may
be
obtained
upon
5
application
to
the
commission
and
payment
of
the
fee
provided
6
by
law.
7
Sec.
17.
Section
321G.23,
Code
2009,
is
amended
to
read
as
8
follows:
9
321G.23
Course
of
instruction.
10
1.
The
commission
shall
provide,
by
rules
adopted
pursuant
11
to
section
321G.2,
for
the
establishment
of
certified
courses
12
of
instruction
to
be
conducted
throughout
the
state
for
the
13
safe
use
and
operation
of
snowmobiles.
The
curriculum
shall
14
include
instruction
in
the
lawful
and
safe
use,
operation,
and
15
equipping
of
snowmobiles
consistent
with
this
chapter
and
rules
16
adopted
by
the
commission
and
the
director
of
transportation
17
and
other
matters
the
commission
deems
pertinent
for
a
18
qualified
snowmobile
operator.
The
commission
may
establish
19
a
fee
for
the
course
which
shall
not
exceed
the
actual
cost
20
of
instruction
minus
moneys
received
by
the
department
from
21
safety
education
certificate
fees
under
section
321G.24.
22
2.
The
commission
may
certify
any
experienced,
qualified
23
operator
to
be
an
instructor
of
a
class
established
under
24
subsection
1.
Each
instructor
shall
be
at
least
eighteen
years
25
of
age.
26
3.
Upon
completion
of
the
course
of
instruction,
the
27
commission
shall
provide
for
the
administration
of
a
written
28
test
to
any
student
who
wishes
to
qualify
for
a
safety
an
29
education
certificate.
30
4.
The
commission
shall
provide
safety
education
material
31
relating
to
the
operation
of
snowmobiles
for
the
use
of
32
nonpublic
or
public
elementary
and
secondary
schools
in
this
33
state.
34
5.
The
department
may
develop
requirements
and
standards
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for
online
education
offerings.
Only
vendors
who
have
entered
1
into
a
memorandum
of
understanding
with
the
department
2
shall
be
permitted
to
offer
an
online
course
that
results
3
in
the
issuance
of
an
education
certificate
approved
by
the
4
commission.
Vendors
may
charge
for
their
courses
and
collect
5
the
education
certificate
fee
required
under
section
321G.24,
6
subsection
2,
on
behalf
of
the
department
as
agreed
to
in
the
7
memorandum
of
understanding.
8
Sec.
18.
Section
321G.24,
Code
Supplement
2009,
is
amended
9
to
read
as
follows:
10
321G.24
Safety
Education
certificate
——
fee.
11
1.
A
person
under
eighteen
years
of
age
shall
not
operate
12
a
snowmobile
on
public
land
or
ice
or
land
purchased
with
13
snowmobile
registration
funds
in
this
state
without
obtaining
a
14
valid
safety
education
certificate
issued
by
the
department
and
15
having
the
certificate
in
the
person’s
possession,
unless
the
16
person
is
accompanied
on
the
same
snowmobile
by
a
responsible
17
person
of
at
least
eighteen
years
of
age
who
is
experienced
in
18
snowmobile
operation
and
possesses
a
valid
driver’s
license,
as
19
defined
in
section
321.1,
or
a
safety
an
education
certificate
20
issued
under
this
chapter.
21
2.
Upon
application
successful
completion
of
the
course
and
22
payment
of
a
fee
of
five
dollars,
a
qualified
applicant
23
shall
be
issued
a
safety
an
education
certificate
which
is
24
valid
until
the
certificate
is
suspended
or
revoked
by
the
25
director
for
a
violation
of
a
provision
of
this
chapter
or
a
26
rule
adopted
pursuant
to
this
chapter.
The
application
shall
27
be
made
on
forms
issued
by
the
commission
and
shall
contain
28
information
as
the
commission
may
reasonably
require.
29
3.
Any
person
who
is
required
to
have
a
safety
an
30
education
certificate
under
this
chapter
and
who
has
completed
31
a
course
of
instruction
established
under
section
321G.2,
32
subsection
1,
paragraph
“j”
,
including
the
successful
passage
33
of
an
examination
which
includes
a
written
test
relating
to
34
such
course
of
instruction,
shall
be
considered
qualified
to
35
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83
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38
S.F.
_____
H.F.
_____
receive
a
safety
an
education
certificate.
1
4.
The
permit
certificate
fees
collected
under
this
section
2
shall
be
credited
to
the
special
snowmobile
fund
created
under
3
section
321G.7
and
shall
be
used
for
safety
and
educational
4
programs.
5
5.
A
valid
snowmobile
safety
or
education
certificate
or
6
license
issued
to
a
nonresident
by
a
governmental
authority
7
of
another
state
shall
be
considered
a
valid
certificate
8
or
license
in
this
state
if
the
permit
certification
or
9
license
licensing
requirements
of
the
governmental
authority
,
10
excluding
fees,
are
substantially
the
same
as
the
requirements
11
of
this
chapter
as
determined
by
the
commission.
12
Sec.
19.
Section
321G.29,
subsection
8,
Code
2009,
is
13
amended
to
read
as
follows:
14
8.
Once
titled,
a
person
shall
not
sell
or
transfer
15
ownership
of
a
snowmobile
without
delivering
to
the
purchaser
16
or
transferee
a
certificate
of
title
with
an
assignment
on
it
17
showing
title
in
the
purchaser
or
transferee
purchaser’s
or
18
transferee’s
name
.
A
person
shall
not
purchase
or
otherwise
19
acquire
a
snowmobile
without
obtaining
a
certificate
of
title
20
for
it
in
that
person’s
name.
21
Sec.
20.
Section
321G.31,
subsection
1,
Code
2009,
is
22
amended
to
read
as
follows:
23
1.
If
ownership
of
a
snowmobile
is
transferred
by
24
operation
of
law,
such
as
by
inheritance,
order
in
bankruptcy,
25
insolvency,
replevin,
or
execution
sale,
the
transferee,
within
26
thirty
days
after
acquiring
the
right
to
possession
of
the
27
snowmobile,
shall
mail
or
deliver
to
the
county
recorder
of
28
the
transferee’s
county
of
residence
satisfactory
proof
of
29
ownership
as
the
county
recorder
requires,
together
with
an
30
application
for
a
new
certificate
of
title,
and
the
required
31
fee.
32
Sec.
21.
Section
321G.33,
subsections
1
and
3,
Code
2009,
33
are
amended
to
read
as
follows:
34
1.
The
department
may
assign
a
distinguishing
number
to
35
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_____
H.F.
_____
a
snowmobile
when
the
serial
number
on
the
snowmobile
is
1
destroyed
or
obliterated
and
issue
to
the
owner
a
special
2
plate
decal
bearing
the
distinguishing
number
which
shall
be
3
affixed
to
the
snowmobile
in
a
position
to
be
determined
by
4
the
department.
The
snowmobile
shall
be
registered
and
titled
5
under
the
distinguishing
number
in
lieu
of
the
former
serial
6
number.
Every
snowmobile
shall
have
a
vehicle
identification
7
number
assigned
and
affixed
as
required
by
the
department.
8
3.
A
person
shall
not
destroy,
remove,
alter,
cover,
or
9
deface
the
manufacturer’s
vehicle
identification
number,
the
10
plate
or
decal
bearing
it,
or
any
vehicle
identification
number
11
the
department
assigns
to
a
snowmobile
without
the
department’s
12
permission.
13
Sec.
22.
Section
321I.1,
subsection
1,
paragraph
b,
Code
14
Supplement
2009,
is
amended
to
read
as
follows:
15
b.
Off-road
motorcycles
shall
be
considered
all-terrain
16
vehicles
for
the
purpose
of
registration.
Off-road
motorcycles
17
shall
also
be
considered
all-terrain
vehicles
for
the
18
purpose
of
titling
if
a
title
has
not
previously
been
19
issued
pursuant
to
chapter
321.
An
operator
of
an
off-road
20
motorcycle
is
subject
to
provisions
governing
the
operation
21
of
all-terrain
vehicles
in
this
chapter,
but
is
exempt
from
22
the
safety
education
instruction
and
certification
program
23
requirements
of
sections
321I.25
and
321I.26.
24
Sec.
23.
Section
321I.1,
subsection
16,
paragraph
b,
Code
25
Supplement
2009,
is
amended
to
read
as
follows:
26
b.
An
owner
of
an
off-road
utility
vehicle
may
register
27
or
title
an
off-road
utility
vehicle
in
order
to
legally
28
operate
the
off-road
vehicle
on
public
ice,
a
designated
29
riding
area,
or
a
designated
riding
trail.
The
operator
of
an
30
off-road
utility
vehicle
is
subject
to
provisions
governing
the
31
operation
of
all-terrain
vehicles
in
section
321.234A
and
this
32
chapter,
but
is
exempt
from
the
safety
education
instruction
33
and
certification
program
requirements
of
sections
321I.25
and
34
321I.26.
An
operator
of
an
off-road
utility
vehicle
shall
not
35
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38
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_____
H.F.
_____
operate
the
vehicle
on
a
designated
riding
area
or
designated
1
riding
trail
unless
the
department
has
posted
signage
2
indicating
the
riding
area
or
trail
is
open
to
the
operation
3
of
off-road
utility
vehicles.
Off-road
utility
vehicles
are
4
exempt
from
the
dealer
registration
and
titling
requirements
5
of
this
chapter.
A
motorized
vehicle
that
was
previously
6
titled
or
is
currently
titled
under
chapter
321
shall
not
be
7
registered
or
operated
as
an
off-road
utility
vehicle.
8
Sec.
24.
Section
321I.1,
subsection
25,
Code
Supplement
9
2009,
is
amended
to
read
as
follows:
10
25.
“Safety
“Education
certificate”
means
an
all-terrain
11
vehicle
safety
education
certificate,
approved
by
the
12
commission,
which
is
issued
to
a
qualified
applicant
who
is
13
twelve
years
of
age
or
older.
14
Sec.
25.
Section
321I.2,
subsection
1,
paragraph
f,
Code
15
Supplement
2009,
is
amended
to
read
as
follows:
16
f.
Issuance
of
safety
education
certificates.
17
Sec.
26.
Section
321I.3,
subsection
2,
Code
2009,
is
amended
18
by
striking
the
subsection.
19
Sec.
27.
Section
321I.3,
subsection
3,
Code
2009,
is
amended
20
to
read
as
follows:
21
3.
2.
A
violation
of
subsection
1
or
2
is
punishable
as
22
a
scheduled
violation
under
section
805.8B,
subsection
2A,
23
paragraph
“a”
.
When
the
scheduled
fine
is
paid,
the
violator
24
shall
submit
proof
to
the
department
that
a
valid
registration
25
or
user
permit
has
been
obtained
by
providing
a
copy
of
the
26
registration
or
user
permit
to
the
department
within
thirty
27
days
of
the
date
the
fine
is
paid.
A
person
who
violates
this
28
subsection
is
guilty
of
a
simple
misdemeanor.
29
Sec.
28.
Section
321I.4,
subsection
2,
Code
2009,
is
amended
30
to
read
as
follows:
31
2.
The
owner
of
the
all-terrain
vehicle
shall
file
an
32
application
for
registration
with
the
department
through
33
a
the
county
recorder
of
the
county
of
residence
in
the
34
manner
established
by
the
commission.
The
application
shall
35
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83
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38
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_____
H.F.
_____
be
completed
by
the
owner
and
shall
be
accompanied
by
a
fee
1
of
fifteen
dollars
and
a
writing
fee
as
provided
in
section
2
321I.29.
An
all-terrain
vehicle
shall
not
be
registered
by
the
3
county
recorder
until
the
county
recorder
is
presented
with
4
receipts,
bills
of
sale,
or
other
satisfactory
evidence
that
5
the
sales
or
use
tax
has
been
paid
for
the
purchase
of
the
6
all-terrain
vehicle
or
that
the
owner
is
exempt
from
paying
the
7
tax.
An
all-terrain
vehicle
that
has
an
expired
registration
8
certificate
from
another
state
may
be
registered
in
this
state
9
upon
proper
application,
payment
of
all
applicable
registration
10
and
writing
fees,
and
payment
of
a
penalty
of
five
dollars.
11
Sec.
29.
Section
321I.7,
subsections
3
and
4,
Code
2009,
are
12
amended
to
read
as
follows:
13
3.
Duplicate
registrations
may
be
issued
upon
application
14
to
the
by
a
county
recorder
or
a
license
agent
and
the
payment
15
of
a
five
dollar
fee
plus
a
writing
fee
as
provided
in
section
16
321I.29.
17
4.
A
motorcycle,
as
defined
in
section
321.1,
subsection
18
40,
paragraph
“a”
,
may
be
registered
as
an
all-terrain
vehicle
19
as
provided
in
this
section.
A
motorcycle
registered
as
an
20
all-terrain
vehicle
may
participate
in
all
programs
established
21
for
all-terrain
vehicles
under
this
chapter
except
for
the
22
safety
education
instruction
and
certification
program.
23
Sec.
30.
Section
321I.8,
Code
2009,
is
amended
to
read
as
24
follows:
25
321I.8
Fees
remitted
to
commission
——
appropriation.
26
1.
A
county
recorder
or
license
agent
shall
remit
to
the
27
commission
the
all-terrain
vehicle
fees
collected
by
the
28
recorder
or
license
agent
in
the
manner
and
time
prescribed
by
29
the
department.
30
2.
The
department
shall
remit
the
fees,
including
user
31
fees
collected
pursuant
to
section
321I.5,
to
the
treasurer
32
of
state,
who
shall
place
the
money
in
a
special
all-terrain
33
vehicle
fund.
The
money
is
appropriated
to
the
department
for
34
the
all-terrain
vehicle
programs
of
the
state.
The
programs
35
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38
S.F.
_____
H.F.
_____
shall
include
grants,
subgrants,
contracts,
or
cost-sharing
1
of
all-terrain
vehicle
programs
with
political
subdivisions
2
or
incorporated
private
organizations
or
both
in
accordance
3
with
rules
adopted
by
the
commission.
All-terrain
vehicle
fees
4
may
be
used
for
the
establishment,
maintenance,
and
operation
5
of
all-terrain
vehicle
recreational
riding
areas
through
the
6
awarding
of
grants
administered
by
the
department.
All-terrain
7
vehicle
recreational
riding
areas
established,
maintained,
or
8
operated
by
the
use
of
such
grants
shall
not
be
operated
for
9
profit.
All
programs
using
cost-sharing,
grants,
subgrants,
10
or
contracts
shall
establish
and
implement
a
safety
an
11
education
instruction
program
either
singly
or
in
cooperation
12
with
other
all-terrain
vehicle
programs.
All-terrain
vehicle
13
fees
may
be
used
to
support
all-terrain
vehicle
programs
on
14
a
usage
basis.
At
least
fifty
percent
of
the
special
fund
15
shall
be
available
for
political
subdivisions
or
incorporated
16
private
organizations
or
both.
Moneys
from
the
special
fund
17
not
used
by
the
political
subdivisions
or
incorporated
private
18
organizations
or
both
shall
remain
in
the
fund
and
may
be
used
19
by
the
department
for
the
administration
of
the
all-terrain
20
vehicle
programs.
Notwithstanding
section
8.33,
moneys
in
the
21
special
fund
shall
not
revert
to
the
general
fund
of
the
state
22
at
the
end
of
a
fiscal
year.
Notwithstanding
section
12C.7,
23
subsection
2,
interest
or
earnings
on
moneys
in
the
special
24
fund
shall
remain
in
the
fund.
25
Sec.
31.
Section
321I.9,
subsection
1,
Code
2009,
is
amended
26
to
read
as
follows:
27
1.
All-terrain
vehicles
owned
and
used
by
the
United
28
States,
another
this
state,
or
a
political
subdivision
of
29
another
this
state.
30
Sec.
32.
Section
321I.13,
Code
2009,
is
amended
to
read
as
31
follows:
32
321I.13
Headlamp
——
tail
lamp
Headlight
——
taillight
——
33
brakes.
34
Every
all-terrain
vehicle
operated
during
the
hours
of
35
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38
S.F.
_____
H.F.
_____
darkness
shall
display
a
lighted
headlamp
headlight
and
tail
1
lamp
taillight
.
Every
all-terrain
vehicle
shall
be
equipped
2
with
brakes.
3
Sec.
33.
Section
321I.17,
Code
2009,
is
amended
to
read
as
4
follows:
5
321I.17
Special
events.
6
The
department
may
authorize
the
holding
of
organized
7
special
events
as
defined
in
this
chapter
within
this
state.
8
The
department
shall
adopt
rules
relating
to
the
conduct
of
9
special
events
held
under
department
permits
and
designating
10
the
equipment
and
facilities
necessary
for
the
safe
operation
11
of
all-terrain
vehicles
or
,
off-road
motorcycles,
and
off-road
12
utility
vehicles
and
for
the
safety
of
operators,
participants,
13
and
observers
in
the
special
events.
A
special
event
for
14
all-terrain
vehicles
may
include
motorcycles
upon
payment
of
15
an
entrance
fee
set
by
the
organizer
of
the
special
event.
The
16
department
may
require
that
part
of
the
motorcycle
entrance
17
fee
be
credited
to
pay
costs
of
all-terrain
vehicle
programs
18
authorized
pursuant
to
section
321I.8
.
At
least
thirty
19
days
before
the
scheduled
date
of
a
special
event
in
this
20
state,
an
application
shall
be
filed
with
the
department
for
21
authorization
to
conduct
the
special
event.
The
application
22
shall
set
forth
the
date,
time,
and
location
of
the
proposed
23
special
event
and
any
other
information
the
department
24
requires.
The
special
event
shall
not
be
conducted
without
25
written
authorization
of
the
department.
Copies
of
the
rules
26
shall
be
furnished
by
the
department
to
any
person
making
an
27
application.
28
Sec.
34.
Section
321I.18,
Code
2009,
is
amended
to
read
as
29
follows:
30
321I.18
Violation
of
stop
signal.
31
A
person
,
after
having
who
has
received
a
visual
or
audible
32
signal
from
a
peace
officer
to
come
to
a
stop
,
shall
not
33
operate
an
all-terrain
vehicle
in
willful
or
wanton
disregard
34
of
the
signal
,
or
interfere
with
or
endanger
the
officer
or
any
35
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83
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38
S.F.
_____
H.F.
_____
other
person
or
vehicle,
or
increase
speed
,
or
attempt
to
flee
1
or
elude
the
officer.
2
Sec.
35.
Section
321I.21,
subsection
1,
Code
2009,
is
3
amended
to
read
as
follows:
4
1.
The
person
is
taking
a
prescribed
safety
education
5
training
course
and
the
operation
is
under
the
direct
6
supervision
of
a
certified
all-terrain
vehicle
safety
7
education
instructor.
8
Sec.
36.
Section
321I.22,
subsections
1
through
5,
Code
9
Supplement
2009,
are
amended
to
read
as
follows:
10
1.
A
manufacturer,
distributor,
or
dealer
owning
an
11
all-terrain
vehicle
required
to
be
registered
under
this
12
chapter
may
operate
the
all-terrain
vehicle
for
purposes
of
13
transporting,
testing,
demonstrating,
or
selling
it
without
the
14
all-terrain
vehicle
being
registered,
except
that
a
special
15
identification
number
registration
decal
issued
to
the
owner
as
16
provided
in
this
chapter
shall
be
displayed
on
the
all-terrain
17
vehicle
in
the
manner
prescribed
by
rules
of
the
commission
.
18
The
special
identification
number
registration
decal
shall
not
19
be
used
on
an
all-terrain
vehicle
offered
for
hire
or
for
any
20
work
or
service
performed
by
a
manufacturer,
distributor,
or
21
dealer.
22
2.
Every
manufacturer,
distributor,
or
dealer
shall
23
register
with
the
department
by
making
application
to
the
24
commission,
upon
forms
prescribed
by
the
commission,
for
25
a
special
registration
certificate
containing
a
general
26
identification
number
and
for
one
or
more
duplicate
special
27
registration
certificates
and
decal
.
The
applicant
shall
pay
28
a
registration
fee
of
fifteen
forty-five
dollars
and
submit
29
reasonable
proof
of
the
applicant’s
status
as
a
bona
fide
30
manufacturer,
distributor,
or
dealer
as
may
be
required
by
the
31
commission.
32
3.
The
commission,
upon
granting
an
application,
33
shall
issue
to
the
applicant
a
special
registration
34
certificate
containing
and
decal.
The
special
registration
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certificate
shall
contain
the
applicant’s
name
,
and
address,
1
the
and
general
identification
number
;
assigned
to
2
the
applicant,
the
word
“manufacturer”,
“dealer”,
or
3
“distributor”
,
;
and
other
information
the
commission
4
prescribes.
The
manufacturer,
distributor,
or
dealer
shall
5
have
the
assigned
number
printed
upon
or
attached
to
a
6
removable
sign
or
signs
which
may
be
temporarily
but
firmly
7
mounted
or
attached
to
the
all-terrain
vehicle
being
used.
The
8
display
shall
meet
the
requirements
of
this
chapter
and
the
9
rules
of
the
commission.
10
4.
The
commission
shall
also
issue
duplicate
special
11
registration
certificates
and
decals
which
shall
have
displayed
12
thereon
the
general
identification
number
assigned
to
the
13
applicant.
Each
duplicate
registration
certificate
so
issued
14
shall
contain
a
number
or
symbol
identifying
it
from
every
15
other
duplicate
special
registration
certificate
bearing
16
the
same
general
identification
number.
The
fee
for
each
17
additional
duplicate
special
registration
certificate
and
18
decal
shall
be
two
five
dollars.
19
5.
Each
special
registration
certificate
issued
20
hereunder
under
this
section
shall
be
for
a
period
of
three
21
years
and
shall
expire
on
December
31
of
each
the
renewal
year
,
22
and
a
.
A
new
special
registration
certificate
for
the
ensuing
23
twelve
months
three-year
renewal
period
may
be
obtained
upon
24
application
to
the
commission
and
payment
of
the
fee
provided
25
by
law.
26
Sec.
37.
Section
321I.25,
Code
2009,
is
amended
to
read
as
27
follows:
28
321I.25
Course
of
instruction.
29
1.
The
commission
shall
provide,
by
rules
adopted
pursuant
30
to
section
321I.2,
for
the
establishment
of
certified
courses
31
of
instruction
to
be
conducted
throughout
the
state
for
the
32
safe
use
and
operation
of
all-terrain
vehicles.
The
curriculum
33
shall
include
instruction
in
the
lawful
and
safe
use,
34
operation,
and
equipping
of
all-terrain
vehicles
consistent
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with
this
chapter
and
rules
adopted
by
the
commission
and
the
1
director
of
transportation
and
other
matters
the
commission
2
deems
pertinent
for
a
qualified
all-terrain
vehicle
operator
.
3
The
commission
may
establish
a
fee
for
the
course
which
shall
4
not
exceed
the
actual
cost
of
instruction
minus
moneys
received
5
by
the
department
from
safety
education
certificate
fees
under
6
section
321I.26.
7
2.
The
commission
may
certify
any
experienced,
qualified
8
operator
to
be
an
instructor
of
a
class
established
under
9
subsection
1.
Each
instructor
shall
be
at
least
eighteen
years
10
of
age.
11
3.
Upon
completion
of
the
course
of
instruction,
the
12
commission
shall
provide
for
the
administration
of
either
a
13
written
test
or
the
demonstration
of
adequate
riding
skills
14
to
any
student
who
wishes
to
qualify
for
a
safety
an
15
education
certificate.
16
4.
The
commission
shall
provide
safety
education
material
17
relating
to
the
operation
of
all-terrain
vehicles
for
the
use
18
of
nonpublic
or
public
elementary
and
secondary
schools
in
this
19
state.
20
5.
The
department
may
develop
requirements
and
standards
21
for
online
education
offerings.
Only
vendors
who
have
entered
22
into
a
memorandum
of
understanding
with
the
department
23
shall
be
permitted
to
offer
an
online
course
that
results
24
in
the
issuance
of
an
education
certificate
approved
by
the
25
commission.
Vendors
may
charge
for
their
courses
and
collect
26
the
education
certificate
fee
required
under
section
321I.26,
27
subsection
2,
on
behalf
of
the
department
as
agreed
to
in
the
28
memorandum
of
understanding.
29
Sec.
38.
Section
321I.26,
Code
Supplement
2009,
is
amended
30
to
read
as
follows:
31
321I.26
Safety
Education
certificate
——
fee.
32
1.
A
person
twelve
years
of
age
or
older
but
less
than
33
eighteen
years
of
age
shall
not
operate
an
all-terrain
vehicle
34
on
public
land
or
ice
or
land
purchased
with
all-terrain
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vehicle
registration
funds
in
this
state
without
obtaining
a
1
valid
safety
education
certificate
issued
by
the
department
and
2
having
the
certificate
in
the
person’s
possession.
3
2.
Upon
application
successful
completion
of
the
course
and
4
payment
of
a
fee
of
five
dollars,
a
qualified
applicant
5
shall
be
issued
a
safety
an
education
certificate
which
is
6
valid
until
the
certificate
is
suspended
or
revoked
by
the
7
director
for
a
violation
of
a
provision
of
this
chapter
or
a
8
rule
adopted
pursuant
to
this
chapter.
The
application
shall
9
be
made
on
forms
issued
by
the
commission
and
shall
contain
10
information
as
the
commission
may
reasonably
require.
11
3.
Any
person
who
is
required
to
have
a
safety
an
12
education
certificate
under
this
chapter
and
who
has
completed
13
a
course
of
instruction
established
under
section
321I.2,
14
subsection
1,
paragraph
“i”
,
including
the
successful
passage
15
of
an
examination
which
includes
either
a
written
test
relating
16
to
such
course
of
instruction
or
the
demonstration
of
adequate
17
riding
skills,
shall
be
considered
qualified
to
receive
a
18
safety
an
education
certificate.
19
4.
The
permit
certificate
fees
collected
under
this
section
20
shall
be
credited
to
the
special
all-terrain
vehicle
fund
and
21
shall
be
used
for
safety
and
educational
programs.
22
5.
A
valid
all-terrain
vehicle
safety
or
education
23
certificate
or
license
issued
to
a
nonresident
by
a
24
governmental
authority
of
another
state
shall
be
considered
25
a
valid
certificate
or
license
in
this
state
if
the
26
permit
certification
or
license
licensing
requirements
of
the
27
governmental
authority
,
excluding
fees,
are
substantially
the
28
same
as
the
requirements
of
this
chapter
as
determined
by
the
29
commission.
30
Sec.
39.
Section
321I.31,
subsection
8,
Code
2009,
is
31
amended
to
read
as
follows:
32
8.
Once
titled,
a
person
shall
not
sell
or
transfer
33
ownership
of
an
all-terrain
vehicle
without
delivering
to
34
the
purchaser
or
transferee
a
certificate
of
title
with
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an
assignment
on
it
showing
title
in
the
purchaser
or
1
transferee
purchaser’s
or
transferee’s
name
.
A
person
shall
2
not
purchase
or
otherwise
acquire
an
all-terrain
vehicle
3
without
obtaining
a
certificate
of
title
for
it
in
that
4
person’s
name.
5
Sec.
40.
Section
321I.33,
subsection
1,
Code
2009,
is
6
amended
to
read
as
follows:
7
1.
If
ownership
of
an
all-terrain
vehicle
is
transferred
by
8
operation
of
law,
such
as
by
inheritance,
order
in
bankruptcy,
9
insolvency,
replevin,
or
execution
sale,
the
transferee,
10
within
thirty
days
after
acquiring
the
right
to
possession
of
11
the
all-terrain
vehicle,
shall
mail
or
deliver
to
the
county
12
recorder
of
the
transferee’s
county
of
residence
satisfactory
13
proof
of
ownership
as
the
county
recorder
requires,
together
14
with
an
application
for
a
new
certificate
of
title,
and
the
15
required
fee.
16
Sec.
41.
Section
321I.35,
subsections
1
and
3,
Code
2009,
17
are
amended
to
read
as
follows:
18
1.
The
department
may
assign
a
distinguishing
number
to
an
19
all-terrain
vehicle
when
the
serial
number
on
the
all-terrain
20
vehicle
is
destroyed
or
obliterated
and
issue
to
the
owner
a
21
special
plate
decal
bearing
the
distinguishing
number
which
22
shall
be
affixed
to
the
all-terrain
vehicle
in
a
position
to
be
23
determined
by
the
department.
The
all-terrain
vehicle
shall
be
24
registered
and
titled
under
the
distinguishing
number
in
lieu
25
of
the
former
serial
number.
Every
all-terrain
vehicle
shall
26
have
a
vehicle
identification
number
assigned
and
affixed
as
27
required
by
the
department.
28
3.
A
person
shall
not
destroy,
remove,
alter,
cover,
or
29
deface
the
manufacturer’s
vehicle
identification
number,
the
30
plate
or
decal
bearing
it,
or
any
vehicle
identification
number
31
the
department
assigns
to
an
all-terrain
vehicle
without
the
32
department’s
permission.
33
Sec.
42.
Section
455A.4,
subsection
1,
Code
Supplement
34
2009,
is
amended
by
adding
the
following
new
paragraph:
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NEW
PARAGRAPH
.
k.
Make
and
execute
agreements,
contracts,
1
and
other
instruments.
2
Sec.
43.
Section
455A.13,
Code
2009,
is
amended
to
read
as
3
follows:
4
455A.13
State
nurseries.
5
1.
Notwithstanding
section
17A.2,
subsection
11,
6
paragraph
“g”
,
the
department
of
natural
resources
shall
adopt
7
administrative
rules
establishing
a
range
of
prices
of
plant
8
material
grown
at
the
state
forest
nurseries
to
cover
all
9
expenses
related
to
the
growing
of
the
plants.
10
1.
2.
The
department
shall
develop
programs
to
encourage
11
the
wise
management
and
preservation
of
existing
woodlands
12
and
shall
continue
its
efforts
to
encourage
forestation
and
13
reforestation
on
private
and
public
lands
in
the
state
of
Iowa
14
and
in
other
states
.
15
2.
3.
The
department
shall
encourage
a
cooperative
16
relationship
between
the
state
forest
nurseries
and
private
17
nurseries
in
the
state
in
order
to
achieve
these
goals.
18
Sec.
44.
NEW
SECTION
.
455A.14
General
contracting
19
authority.
20
1.
In
addition
to
other
powers
and
authority
conferred
on
21
the
department,
and
except
as
otherwise
provided
by
law
and
22
subject
to
rules
adopted
by
the
natural
resource
commission
and
23
the
environmental
protection
commission,
the
department
may
24
apply
to
and
receive
moneys
from
and
contract
with
the
federal
25
government,
other
state
governments,
political
subdivisions
of
26
the
state,
and
private
persons
for
the
purposes
of
carrying
out
27
the
department’s
obligations
under
this
chapter
and
chapters
28
321G,
321I,
455B,
455C,
455D,
455E,
455F,
455G,
455H,
455I,
29
455J,
455K,
456A,
456B,
457A,
457B,
458A,
461A,
461B,
461C,
30
462A,
462B,
463C,
464A,
465A,
465B,
466,
466B,
481A,
481B,
31
481C,
482,
483A,
484A,
484B,
and
484C.
32
2.
In
evaluating
whether
to
contract
with
an
entity
pursuant
33
to
this
section,
the
department
may
consider
all
of
the
34
following:
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a.
Whether
the
contracting
party
is
contributing
funds
1
or
expertise
to
the
project
to
meet
the
goals
shared
between
2
the
department
and
the
contracting
party
in
accomplishing
the
3
particular
subject
of
the
agreement.
4
b.
Whether
the
contracting
party
is
uniquely
qualified
to
5
receive
consideration
under
the
contract
due
to
a
geographic
6
connection
or
unique
expertise
related
to
the
particular
7
subject
of
the
agreement.
8
Sec.
45.
Section
456A.13,
Code
2009,
is
amended
to
read
as
9
follows:
10
456A.13
Officers
and
employees
——
peace
officer
status.
11
1.
The
director
shall
employ
the
number
of
assistants,
12
including
a
professionally
trained
state
forester,
that
are
13
necessary
to
carry
out
the
duties
imposed
on
the
commission
;
14
and,
under
the
same
conditions,
the
.
15
2.
The
director
shall
appoint
the
number
of
full-time
16
officers
and
supervisory
personnel
that
are
necessary
to
17
enforce
all
laws
of
the
state
and
rules
and
regulations
of
18
the
commission.
The
full-time
officers
and
their
supervisory
19
personnel
have
the
same
powers
that
are
conferred
by
law
on
20
peace
officers
in
the
enforcement
of
all
laws
of
the
state
of
21
Iowa
and
the
apprehension
of
violators.
A
person
appointed
22
as
a
full-time
officer
shall
be
at
least
twenty-one
years
of
23
age
on
the
date
of
appointment
and
shall
not
be
employed
as
a
24
full-time
officer
after
attaining
the
age
of
sixty-five.
25
“Full-time
officer”
means
any
person
appointed
by
the
director
26
to
enforce
the
laws
of
this
state.
27
3.
An
applicant
to
be
a
full-time
officer
in
the
department
28
shall
not
be
appointed
as
a
full-time
officer
until
the
29
applicant
has
passed
a
satisfactory
physical
and
mental
30
examination.
In
addition,
the
applicant
must
be
a
citizen
of
31
the
United
States,
be
not
less
than
twenty-two
years
of
age
and
32
be
eligible
to
complete
training
at
the
law
enforcement
academy
33
as
defined
in
chapter
80B,
or
its
equivalent
as
determined
34
in
the
sole
discretion
of
the
director.
The
applicant
must
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successfully
complete
training
at
the
law
enforcement
academy
1
as
defined
in
chapter
80B,
or
its
equivalent
as
determined
2
by
the
director,
during
the
period
of
twelve
months
after
3
appointment.
The
mental
examination
shall
be
conducted
under
4
the
direction
or
supervision
of
the
director
and
may
be
oral
or
5
written
or
both.
An
applicant
shall
take
an
oath
on
becoming
6
a
full-time
officer
of
the
department,
to
uphold
the
laws
and
7
Constitution
of
the
United
States
and
Constitution
of
the
State
8
of
Iowa.
During
the
period
of
twelve
months
after
appointment,
9
a
full-time
officer
of
the
department
is
subject
to
dismissal
10
at
the
will
of
the
director.
After
the
twelve
months’
service,
11
a
full-time
officer
of
the
department,
who
was
appointed
after
12
having
passed
the
examinations,
is
not
subject
to
dismissal,
13
suspension,
disciplinary
demotion,
or
other
disciplinary
action
14
resulting
in
the
loss
of
pay
unless
charges
have
been
filed
15
with
the
department
of
inspections
and
appeals
and
a
hearing
16
held
by
the
employment
appeal
board
created
by
section
10A.601,
17
if
requested
by
the
full-time
officer,
at
which
the
full-time
18
officer
has
an
opportunity
to
present
a
defense
to
the
charges.
19
The
decision
of
the
appeal
board
is
final,
subject
to
the
right
20
of
judicial
review
in
accordance
with
the
terms
of
the
Iowa
21
administrative
procedure
Act,
chapter
17A.
However,
these
22
procedures
as
to
dismissal,
suspension,
demotion,
or
other
23
discipline
do
not
apply
to
a
full-time
officer
who
is
covered
24
by
a
collective
bargaining
agreement
which
provides
otherwise.
25
A
person
shall
not
be
employed
as
a
full-time
officer
in
the
26
department
after
attaining
sixty-five
years
of
age.
27
Sec.
46.
Section
461A.25,
Code
2009,
is
amended
to
read
as
28
follows:
29
461A.25
Leases
and
easements.
30
1.
The
commission
may
recommend
that
the
executive
31
council
lease
property
under
the
commission’s
jurisdiction.
32
All
leases
shall
reserve
to
the
public
of
the
state
the
33
right
to
enter
upon
the
property
leased
for
any
lawful
34
purpose.
The
council
may,
if
it
approves
the
recommendation
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and
the
If
a
lease
to
be
entered
into
is
for
a
period
1
of
five
years
or
less,
upon
approval
by
the
commission,
the
2
director
shall
execute
the
lease
in
on
behalf
of
the
state
3
and
commission.
If
the
recommendation
is
for
a
lease
is
4
for
a
period
in
excess
of
five
years,
with
the
exception
of
5
agricultural
lands
specifically
dealt
with
in
Article
I,
6
section
24
of
the
Constitution
of
the
State
of
Iowa,
the
7
council
commission
shall
advertise
for
bids.
If
a
bid
is
8
accepted,
the
lease
shall
be
let
or
executed
by
the
council
in
9
accordance
with
the
most
desirable
bid.
The
commission
may
10
accept
bids
and
approve
leases
the
commission
determines
to
be
11
in
the
best
interest
of
the
state.
The
lease
A
lease
shall
12
not
be
executed
for
a
term
longer
than
fifty
years.
Any
such
13
leasehold
interest,
including
any
improvements
placed
on
it,
14
shall
be
listed
on
the
tax
rolls
as
provided
in
chapters
428
15
and
443;
assessed
and
valued
as
provided
in
chapter
441;
taxes
16
shall
be
levied
on
it
as
provided
in
chapter
444
and
collected
17
as
provided
in
chapter
445;
and
the
leasehold
interest
is
18
subject
to
tax
sale,
redemption,
and
apportionment
of
taxes
19
as
provided
in
chapters
446,
447
,
and
448.
The
lessee
shall
20
discharge
and
pay
all
taxes.
21
2.
The
commission
shall
adopt
rules
providing
for
granting
22
easements
to
political
subdivisions
and
utility
companies
23
on
state
land
under
the
jurisdiction
of
the
department.
24
An
applicant
for
an
easement
shall
provide
the
director
25
with
information
setting
forth
the
need
for
the
easement,
26
availability
of
alternatives,
and
measures
proposed
to
prevent
27
or
minimize
adverse
impacts
on
the
affected
property.
An
28
easement
shall
be
executed
by
the
director,
approved
as
to
form
29
by
the
attorney
general,
and
if
granted
for
a
term
longer
than
30
five
years,
approved
by
the
commission.
31
3.
For
the
purposes
of
this
section,
property
under
the
32
commission’s
jurisdiction
does
not
include
an
area
of
the
bed
33
of
a
lake
or
river
occupied
by
a
dock
or
other
appurtenance
or
34
means
of
access
to
a
dock,
including
but
not
limited
to
boat
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hoists
and
boat
slips,
or
occupied
by
a
boat
ramp,
constructed
1
or
installed
and
maintained
under
littoral
or
riparian
rights.
2
Sec.
47.
Section
461C.2,
subsection
5,
Code
2009,
is
amended
3
to
read
as
follows:
4
5.
“Recreational
purpose”
means
the
following
or
any
5
combination
thereof:
Hunting,
trapping,
horseback
riding,
6
fishing,
swimming,
boating,
camping,
picnicking,
hiking,
7
pleasure
driving,
motorcycling,
all-terrain
vehicle
8
riding,
nature
study,
water
skiing,
snowmobiling,
other
9
summer
and
winter
sports,
and
viewing
or
enjoying
historical,
10
archaeological,
scenic,
or
scientific
sites
while
going
to
and
11
from
or
actually
engaged
therein.
12
Sec.
48.
Section
462A.2,
Code
2009,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
43A.
“Watercraft
education
certificate”
15
means
a
certificate,
approved
by
the
commission,
which
is
16
issued
to
a
qualified
applicant
who
is
twelve
years
of
age
or
17
older
but
less
than
eighteen
years
of
age
who
has
successfully
18
completed
a
watercraft
education
course
approved
by
the
19
department.
20
Sec.
49.
Section
462A.12,
subsection
6,
Code
2009,
is
21
amended
to
read
as
follows:
22
6.
An
owner
or
operator
of
a
vessel
propelled
by
a
motor
23
of
more
than
ten
horsepower
shall
not
permit
any
person
24
under
twelve
years
of
age
to
operate
the
vessel
unless
25
accompanied
in
or
on
the
same
vessel
by
a
responsible
person
26
of
at
least
eighteen
years
of
age
who
is
experienced
in
27
motorboat
operation.
A
person
who
is
twelve
years
of
age
28
or
older
but
less
than
eighteen
years
of
age
shall
not
29
operate
any
vessel
propelled
by
a
motor
of
more
than
ten
30
horsepower
unless
the
person
has
successfully
completed
a
31
department-approved
watercraft
safety
education
course
and
32
obtained
a
watercraft
safety
education
certificate
or
is
33
accompanied
in
or
on
the
same
vessel
by
a
responsible
person
34
of
at
least
eighteen
years
of
age
who
is
experienced
in
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motorboat
operation.
A
person
required
to
have
a
watercraft
1
safety
education
certificate
shall
carry
and
shall
exhibit
or
2
make
available
the
certificate
upon
request
of
an
officer
of
3
the
department.
A
violation
of
this
subsection
is
a
simple
4
misdemeanor
as
provided
in
section
462A.13.
However,
a
person
5
charged
with
violating
this
subsection
shall
not
be
convicted
6
if
the
person
produces
in
court,
within
a
reasonable
time,
a
7
department-approved
watercraft
education
certificate.
The
8
cost
of
a
department
watercraft
education
certificate,
or
any
9
duplicate,
shall
not
exceed
five
dollars.
10
Sec.
50.
NEW
SECTION
.
462A.12A
Online
watercraft
education
11
courses.
12
1.
The
department
shall
develop
requirements
and
standards
13
for
online
watercraft
education
courses.
Only
vendors
who
have
14
entered
into
a
memorandum
of
understanding
with
the
department
15
shall
be
approved
by
the
department
to
offer
an
online
16
watercraft
education
course
that
upon
successful
completion
is
17
sufficient
to
result
in
the
issuance
of
a
watercraft
education
18
certificate
to
the
person
who
completes
the
course.
19
2.
A
vendor
approved
to
offer
an
online
watercraft
education
20
course
as
provided
in
subsection
1
may
charge
a
fee
for
the
21
course
as
agreed
to
in
the
memorandum
of
understanding
with
22
the
department
and
may
also
collect
the
watercraft
education
23
certificate
fee
on
behalf
of
the
department
as
agreed
to
in
the
24
memorandum
of
understanding.
25
Sec.
51.
Section
462A.36,
Code
2009,
is
amended
to
read
as
26
follows:
27
462A.36
Fee
for
special
certificate
——
minimum
requirements
28
for
issuance
.
29
1.
Any
manufacturer
or
dealer
may,
upon
payment
of
a
fee
of
30
fifteen
dollars,
make
application
to
the
commission,
upon
such
31
forms
as
the
commission
prescribes,
for
a
special
certificate
32
containing
a
general
distinguishing
number
and
for
one
or
more
33
duplicate
special
certificates.
The
applicant
shall
submit
34
such
reasonable
proof
of
the
applicant’s
status
as
a
bona
fide
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manufacturer
or
dealer
as
the
commission
may
require.
1
2.
The
commission
may
adopt
rules
consistent
with
this
2
chapter
establishing
minimum
requirements
for
a
dealer
or
3
manufacturer
to
be
issued
a
special
certificate.
In
adopting
4
such
rules
the
department
shall
consider
the
need
to
protect
5
persons,
property,
and
the
environment,
and
to
promote
uniform
6
practices
relating
to
the
sale
and
use
of
vessels.
The
7
commission
may
also
adopt
rules
providing
for
the
suspension
or
8
revocation
of
a
dealer’s
or
manufacturer’s
special
certificate
9
issued
pursuant
to
this
section.
10
Sec.
52.
Section
462A.38,
Code
2009,
is
amended
to
read
as
11
follows:
12
462A.38
Duplicates
Duplicate
special
certificates
.
13
The
commission
shall
also
issue
duplicate
special
14
certificates
as
applied
for
which
shall
have
displayed
15
thereon
the
general
distinguishing
number
assigned
to
the
16
applicant.
Each
duplicate
special
certificate
so
issued
shall
17
contain
a
number
or
symbol
identifying
the
same
from
every
18
other
duplicate
special
certificate
bearing
the
same
general
19
distinguishing
number.
The
fee
for
each
additional
duplicate
20
special
certificate
shall
be
two
dollars.
21
Sec.
53.
Section
462A.39,
Code
2009,
is
amended
to
read
as
22
follows:
23
462A.39
Expiration
date.
24
Each
special
certificate
issued
hereunder
under
this
25
chapter
shall
be
for
a
period
of
three
years
and
shall
expire
26
at
midnight
on
April
30
of
the
last
calendar
year
of
the
27
registration
period,
and
a
new
special
certificate
may
be
28
renewed
for
the
ensuing
registration
another
three-year
period
29
may
be
obtained
upon
application
to
the
commission
and
payment
30
of
the
fee
provided
by
law.
31
Sec.
54.
Section
462A.46,
Code
2009,
is
amended
to
read
as
32
follows:
33
462A.46
Purchase
of
registered
vessel
by
dealer.
34
Whenever
a
dealer
purchases
or
otherwise
acquires
a
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vessel
registered
in
this
state,
the
dealer
shall
issue
a
1
signed
receipt
to
the
previous
owner,
indicating
the
date
of
2
purchase
or
acquisition,
the
name
and
address
of
such
previous
3
owner,
and
the
registration
number
of
the
vessel
purchased
4
or
acquired.
The
original
receipt
shall
be
delivered
to
the
5
previous
owner
and
one
copy
shall
be
mailed
or
delivered
by
6
the
dealer
to
the
county
recorder
of
the
county
in
which
the
7
vessel
is
registered,
and
one
copy
shall
be
delivered
to
the
8
commission
within
forty-eight
hours.
9
Sec.
55.
Section
465C.8,
Code
2009,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
13.
To
make
and
execute
agreements,
12
contracts,
and
other
instruments.
13
Sec.
56.
Section
481A.22,
Code
2009,
is
amended
to
read
as
14
follows:
15
481A.22
Field
and
retriever
meets
or
trials
——
permit
16
required.
17
1.
All
officially
sanctioned
field
meets
or
trials
18
and
retriever
meets
or
trials
where
the
skill
of
dogs
is
19
demonstrated
in
pointing,
retrieving,
trailing,
or
chasing
any
20
game
bird,
game
animal,
or
fur-bearing
animal
shall
require
a
21
field
meet
or
trial
permit.
Except
as
otherwise
provided
by
22
law,
it
shall
be
unlawful
to
kill
any
wildlife
in
such
events.
23
2.
Notwithstanding
the
provisions
of
section
481A.21
it
24
shall
be
lawful
to
hold
field
meets
or
trials
and
retriever
25
meets
or
trials
where
dogs
are
permitted
to
work
in
exhibition
26
or
contest
whereby
the
skill
of
dogs
is
demonstrated
by
27
retrieving
dead
or
wounded
game
birds
which
have
been
28
propagated
by
licensed
game
breeders
within
the
state
or
29
secured
from
lawful
sources
outside
the
state
and
lawfully
30
brought
into
the
state.
All
such
birds
must
be
released
on
31
the
day
of
the
meets
or
trials
on
premises
where
the
meets
32
or
trials
are
held.
33
3.
Such
birds
Birds
released
pursuant
to
subsection
2
may
34
be
shot
by
official
guns
after
having
secured
a
permit
as
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herein
provided
by
rule
.
1
Such
permits
may
be
issued
by
the
director
of
the
department
2
upon
proper
application
and
the
payment
of
a
fee
of
two
dollars
3
for
each
trial
held.
4
4.
A
representative
of
the
department
shall
attend
all
such
5
meets
or
trials
and
enforce
the
laws
and
regulations
governing
6
same
the
meets
or
trials
.
7
5.
The
person
or
persons
designated
by
the
committee
in
8
charge
to
do
the
shooting
for
such
meets
or
trials
shall
be
9
known
as
the
official
guns,
and
no
other
person
shall
be
10
permitted
to
kill
or
attempt
to
kill
any
of
the
birds
released
11
for
such
meets
or
trials.
12
6.
Before
any
birds
are
released
under
this
section,
13
they
must
shall
each
have
attached
a
tag
provided
by
the
14
department
and
attached
by
a
representative
of
the
department
15
at
a
cost
of
not
more
than
ten
cents
for
each
tag.
All
tags
16
are
to
shall
remain
attached
to
birds
until
prepared
for
17
consumption.
18
7.
It
is
unlawful
for
any
person
to
hold,
conduct,
or
to
19
participate
in
a
field
or
retriever
meet
or
trial
before
the
20
permit
required
by
this
section
has
been
secured
or
for
any
21
person
to
possess
or
remove
from
the
meet
or
trial
grounds
any
22
birds
which
have
not
been
tagged
as
herein
required.
23
Sec.
57.
NEW
SECTION
.
481A.41
Feeding
or
baiting
of
24
wildlife
prohibited.
25
1.
As
used
in
this
section,
unless
the
context
otherwise
26
requires:
27
a.
“Baited
area”
means
any
area
where
any
feed
is
28
intentionally
placed,
deposited,
distributed,
or
scattered
29
so
as
to
lure,
attract,
or
entice
wildlife
to,
on,
or
over
a
30
specific
location.
An
area
shall
remain
a
baited
area
for
31
thirty
days
following
complete
removal
of
all
feed,
except
for
32
salt,
minerals,
or
any
other
feed
that
will
dissolve
and
leach
33
into
the
soil,
in
which
case
such
area
shall
be
considered
a
34
permanently
baited
area
until
such
time
as
all
contaminated
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soil
is
either
removed
or
covered
in
such
a
manner
that
the
1
area
no
longer
serves
to
artificially
attract
wildlife.
2
b.
“Feed”
means
any
grain,
fruit,
vegetable,
nut,
hay,
3
salt,
mineral,
or
any
other
natural
food
material,
commercial
4
products
containing
natural
food
materials
or
by-products
of
5
such
materials,
or
other
food
material
that
is
capable
of
6
luring,
attracting,
or
enticing
wildlife.
Scents
or
lures
used
7
to
mask
human
odor
or
attract
wildlife
by
the
sense
of
smell
8
are
not
considered
feed.
9
c.
“Wildlife”
means
any
wild
bird
or
wild
animal
residing
in
10
or
migrating
through
the
state
of
Iowa.
11
2.
Except
as
provided
in
subsection
3,
feeding
or
baiting
12
of
wildlife
is
unlawful.
A
person
shall
not
place,
deposit,
13
distribute,
or
scatter
feed
for
wildlife
on
any
public
or
14
private
property,
or
knowingly
allow
another
person
to
place,
15
deposit,
distribute,
or
scatter
feed
for
wildlife
on
private
16
property
under
the
person’s
ownership
or
lease
in
the
state.
17
It
shall
be
unlawful
to
hunt,
take,
or
attempt
to
take
any
18
wildlife
on
or
in
a
baited
area.
19
3.
The
prohibitions
contained
in
subsection
2
are
not
20
applicable
to
the
following:
21
a.
Feed
that
is
used
to
attract
wildlife
for
viewing
and
22
observation
if
the
feed
is
placed
within
fifty
yards
of
a
23
residence,
dwelling,
or
other
structure
permanently
inhabited
24
by
a
person.
However,
such
an
area
shall
be
considered
a
25
baited
area
for
the
purpose
of
hunting,
taking,
or
attempting
26
to
take
wildlife
in
or
on
that
area.
27
b.
Feed
that
is
present
solely
as
a
result
of
normal
28
agricultural,
forest
management,
orchard
management,
wildlife
29
food
planting,
or
other
similar
land
management
practices.
30
c.
Feed
that
is
placed
for
agricultural
or
livestock
31
purposes
if
one
or
more
of
the
following
conditions
apply:
32
(1)
The
feed
is
placed
for
domestic
livestock
that
are
33
present
and
actively
consuming
the
feed
on
a
regular
basis.
34
(2)
The
feed
is
covered
to
deter
wildlife
from
gaining
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access
to
the
feed,
or
the
feed
is
stored
in
a
manner
1
consistent
with
normal
agricultural
practices.
2
d.
Feed
that
is
placed
for
purposes
such
as
including
3
but
not
limited
to
population
control,
capture
and
handling
4
of
wildlife,
or
other
specific
purposes
under
written
5
authorization
from
the
director
or
the
director’s
designee,
6
or
as
otherwise
provided
by
law.
This
section
shall
not
7
be
construed
to
limit
employees
of
agencies
of
the
state,
8
the
United
States,
or
local
animal
control
officers
in
the
9
performance
of
their
official
duties
related
to
public
health,
10
wildlife
management,
or
wildlife
removal.
11
e.
Feed
that
is
placed
for
the
purpose
of
luring
fur-bearing
12
animals
for
trapping
as
permitted
by
law.
13
f.
Feed
that
is
placed
within
the
confines
of
a
whitetail
14
deer
hunting
preserve
that
is
licensed
by
the
department
15
pursuant
to
chapter
484C.
16
4.
A
person
who
violates
any
provision
of
this
section
17
is
guilty
of
a
simple
misdemeanor
punishable
as
a
scheduled
18
violation
under
section
805.8B,
subsection
3,
paragraph
“e”
.
19
5.
In
addition
to
any
other
penalties
imposed
under
this
20
section,
a
person
charged
with
unlawful
feeding
or
baiting
21
of
wildlife
shall
immediately
remove
all
feed
from
the
22
baited
area.
Failure
to
do
so
shall
constitute
an
additional
23
violation
of
this
section
for
each
day
that
the
feed
remains.
24
Sec.
58.
Section
483A.1,
subsection
2,
paragraph
s,
Code
25
Supplement
2009,
is
amended
by
striking
the
paragraph.
26
Sec.
59.
Section
484A.4,
Code
2009,
is
amended
to
read
as
27
follows:
28
484A.4
Use
of
revenue.
29
1.
All
revenue
generated
from
the
migratory
game
bird
fee
30
shall
be
used
for
projects
approved
by
the
commission
for
the
31
purpose
of
protecting
and
propagating
migratory
game
birds
and
32
for
the
acquisition,
development,
restoration,
maintenance
,
or
33
preservation
of
wetlands,
except
for
that
part
which
is
34
specified
by
the
commission
for
use
in
paying
administrative
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H.F.
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expenses
as
provided
in
section
456A.17.
1
2.
The
commission
may
enter
into
contracts
with
nonprofit
2
organizations
for
the
use
of
fifteen
percent
of
such
funds
3
outside
the
United
States
if
the
commission
finds
that
such
4
contracts
are
necessary
for
carrying
out
the
purposes
of
this
5
chapter.
However,
contracts
authorized
under
this
subsection
6
for
projects
outside
of
the
United
States
shall
not
obligate
7
more
than
fifteen
percent
of
the
funds
described
in
subsection
8
1.
9
Sec.
60.
Section
805.8B,
subsection
2,
paragraphs
a
and
g,
10
Code
Supplement
2009,
are
amended
to
read
as
follows:
11
a.
For
registration
or
user
permit
violations
under
section
12
321G.3,
subsections
subsection
1
and
2
,
the
scheduled
fine
is
13
fifty
dollars.
14
g.
For
violations
of
section
321G.20
and
for
15
safety
education
certificate
violations
under
section
16
321G.24,
subsection
1,
the
scheduled
fine
is
fifty
dollars.
17
Sec.
61.
Section
805.8B,
subsection
2A,
paragraphs
a
and
g,
18
Code
Supplement
2009,
are
amended
to
read
as
follows:
19
a.
For
registration
or
user
permit
violations
under
section
20
321I.3,
subsections
subsection
1
and
2
,
the
scheduled
fine
is
21
fifty
dollars.
22
g.
For
violations
of
section
321I.21
and
for
23
safety
education
certificate
violations
under
section
24
321I.26,
subsection
1,
the
scheduled
fine
is
fifty
dollars.
25
Sec.
62.
Section
805.8B,
subsection
3,
paragraph
e,
Code
26
Supplement
2009,
is
amended
to
read
as
follows:
27
e.
For
violations
of
sections
481A.41,
481A.57,
481A.85,
28
481A.93,
481A.95,
481A.120,
481A.137,
481B.5,
482.3,
482.9,
29
482.15,
and
483A.42,
the
scheduled
fine
is
one
hundred
dollars.
30
Sec.
63.
Section
805.8B,
subsection
6,
paragraph
c,
Code
31
Supplement
2009,
is
amended
to
read
as
follows:
32
c.
For
violations
of
section
sections
461A.35,
461A.42,
33
and
461A.44,
the
scheduled
fine
is
fifty
dollars.
34
Sec.
64.
REPEAL.
Sections
462A.40
and
462A.42,
Code
2009,
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H.F.
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are
repealed.
1
Sec.
65.
REPEAL.
Chapter
568,
Code
2009,
is
repealed.
2
EXPLANATION
3
This
bill
relates
to
various
conservation
and
recreation
4
activities
under
the
purview
of
the
department
of
natural
5
resources,
and
makes
penalties
applicable.
6
SNOWMOBILE
REGULATION.
The
bill
makes
numerous
revisions
7
to
Code
chapter
321G,
which
provides
for
the
regulation
8
of
snowmobiles
by
the
department.
The
bill
specifies
that
9
the
natural
resource
commission
may
adopt
rules
for
the
10
use
of
snowmobiles
on
designated
snowmobile
trails
and
for
11
maintenance,
signing,
and
operation
of
the
trails.
The
scope
12
of
grant
programs
and
contracts
administered
by
the
department
13
is
expanded
to
include
the
signage
of
designated
snowmobile
14
trails.
“Designated
snowmobile
trail”
is
defined
to
mean
a
15
snowmobile
riding
trail
on
any
public
land,
private
land,
16
or
ice
that
is
designated
by
the
department,
a
political
17
subdivision,
or
a
controlling
authority
for
snowmobile
use.
18
The
bill
specifies
that
the
original
application
for
19
registration
of
a
snowmobile
must
be
filed
with
the
county
20
recorder
of
the
owner’s
county
of
residence.
If
a
transfer
21
of
ownership
occurs
by
operation
of
law,
the
application
must
22
be
filed
in
the
transferee’s
county
of
residence.
Duplicate
23
registrations
and
registration
renewals
may
be
accomplished
24
through
a
county
recorder
or
a
license
agent
and
fees
collected
25
by
a
county
recorder
or
license
agent
are
to
be
remitted
26
directly
to
the
commission.
27
The
bill
revises
the
list
of
exemptions
from
snowmobile
28
registration
requirements
by
removing
snowmobiles
owned
by
29
another
state
or
a
political
subdivision
of
another
state
30
and
by
adding
snowmobiles
owned
by
this
state
or
a
political
31
subdivision
of
this
state.
Current
provisions
for
the
32
issuance
of
registration
certificates
and
registration
decals
33
for
snowmobiles
owned
by
the
state
of
Iowa
or
its
political
34
subdivisions
is
stricken.
35
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_____
H.F.
_____
The
bill
makes
a
technical
change
requiring
every
snowmobile
1
to
be
equipped
with
a
headlight
and
a
taillight,
rather
than
a
2
headlamp
and
a
tail
lamp.
3
The
bill
increases
the
fee
for
a
special
registration
4
certificate
from
$15
to
$45
for
snowmobile
manufacturers,
5
distributors,
and
dealers
and
extends
the
registration
6
period
from
one
year
to
three
years.
The
bill
provides
7
for
the
issuance
of
a
special
registration
decal
along
with
8
the
special
registration
certificate.
The
decal
is
to
be
9
displayed
on
a
snowmobile
when
it
is
being
operated
for
10
purposes
of
transporting,
testing,
demonstrating,
or
selling
11
the
snowmobile.
Duplicate
registration
certificates
and
decals
12
may
be
issued
for
a
fee
of
$5.
13
Pursuant
to
current
law,
a
safety
certificate
is
required
14
for
operation
of
a
snowmobile
by
a
person
under
16
years
of
15
age,
and
a
person
12
to
15
years
of
age
must
be
under
the
direct
16
supervision
of
a
parent,
guardian,
or
another
adult
authorized
17
by
the
parent
or
guardian
when
operating
a
snowmobile.
The
18
bill
makes
a
terminology
change
by
replacing
the
existing
19
“safety
certificate”
with
an
“education
certificate”
throughout
20
Code
chapter
321G.
In
addition,
the
bill
defines
“direct
21
supervision”
to
mean
providing
supervision
of
another
person
22
while
maintaining
visual
and
verbal
contact
at
all
times.
23
The
bill
authorizes
the
department
to
develop
requirements
24
and
standards
for
the
provision
of
online
education
resulting
25
in
the
issuance
of
education
certificates.
A
vendor
must
26
enter
into
a
memorandum
of
understanding
with
the
department
27
to
conduct
such
a
course.
Pursuant
to
the
memorandum
of
28
understanding,
a
vendor
may
charge
a
fee
for
the
online
course
29
and
collect
the
education
certificate
fee
on
behalf
of
the
30
department.
31
The
bill
provides
that
when
a
serial
number
on
a
snowmobile
32
is
destroyed
or
obliterated
and
the
department
assigns
a
33
distinguishing
number
to
the
snowmobile,
the
department
may
34
issue
a
special
decal,
rather
than
a
plate,
to
be
affixed
to
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H.F.
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the
snowmobile
and
bearing
the
distinguishing
number.
1
ALL-TERRAIN
VEHICLE
REGULATION.
The
bill
makes
numerous
2
revisions
to
Code
chapter
321I,
which
provides
for
the
3
regulation
of
all-terrain
vehicles
by
the
department.
The
bill
4
specifies
that
the
original
application
for
registration
of
an
5
all-terrain
vehicle
must
be
filed
with
the
county
recorder
of
6
the
county
of
residence.
If
a
transfer
of
ownership
occurs
7
by
operation
of
law,
the
application
must
be
filed
in
the
8
transferee’s
county
of
residence.
Duplicate
registrations
and
9
registration
renewals
may
be
accomplished
through
a
county
10
recorder
or
a
license
agent,
and
fees
collected
by
a
county
11
recorder
or
license
agent
are
to
be
remitted
directly
to
the
12
commission.
The
bill
revises
the
list
of
exemptions
from
13
registration
requirements
by
removing
all-terrain
vehicles
14
owned
by
another
state
or
a
political
subdivision
of
another
15
state
and
by
adding
all-terrain
vehicles
owned
by
this
state
16
or
a
political
subdivision
of
this
state.
Current
provisions
17
for
the
issuance
of
registration
certificates
and
registration
18
decals
for
all-terrain
vehicles
owned
by
the
state
of
Iowa
or
19
its
political
subdivisions
is
stricken.
20
The
bill
makes
a
technical
change
requiring
every
21
all-terrain
vehicle
to
be
equipped
with
a
headlight
and
a
22
taillight,
rather
than
a
headlamp
and
a
tail
lamp.
23
The
bill
provides
for
the
inclusion
of
motorcycles
and
24
off-road
utility
vehicles
in
special
events
and
strikes
a
25
requirement
for
the
crediting
of
motorcycle
entrance
fees
for
26
such
events.
Also,
the
requirement
that
the
department
furnish
27
a
copy
of
the
rules
for
a
special
event
to
an
applicant
for
the
28
event
is
stricken
in
the
bill.
29
The
bill
makes
technical
changes
to
clarify
language
30
relating
to
a
person
who
violates
a
stop
signal
from
a
peace
31
officer.
32
The
bill
increases
the
fee
for
a
special
registration
33
certificate
from
$15
to
$45
for
all-terrain
vehicle
34
manufacturers,
distributors,
and
dealers
and
extends
the
35
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H.F.
_____
registration
period
from
one
year
to
three
years.
The
bill
1
provides
for
the
issuance
of
a
special
registration
decal
2
along
with
the
special
registration
certificate.
The
decal
3
is
to
be
displayed
on
an
all-terrain
vehicle
when
it
is
being
4
operated
for
purposes
of
transporting,
testing,
demonstrating,
5
or
selling
the
vehicle.
Duplicate
registration
certificates
6
and
decals
may
be
issued
for
a
fee
of
$5.
7
Pursuant
to
current
law,
a
safety
certificate
is
required
8
for
operation
of
an
all-terrain
vehicle
on
public
land
or
ice
9
by
a
person
between
12
and
18
years
of
age.
The
bill
replaces
10
the
“safety
certificate”
with
an
“education
certificate”
11
throughout
Code
chapter
321I.
The
bill
authorizes
the
12
department
to
develop
requirements
and
standards
for
the
13
provision
of
online
education
resulting
in
the
issuance
of
14
education
certificates.
A
vendor
must
enter
into
a
memorandum
15
of
understanding
with
the
department
to
conduct
such
a
course.
16
Pursuant
to
the
memorandum
of
understanding,
a
vendor
may
17
charge
a
fee
for
the
online
course
and
collect
the
education
18
certificate
fee
on
behalf
of
the
department.
19
The
bill
provides
that
when
a
serial
number
on
an
all-terrain
20
vehicle
is
destroyed
or
obliterated
and
the
department
assigns
21
a
distinguishing
number
to
the
all-terrain
vehicle,
the
22
department
may
issue
a
special
decal,
rather
than
a
plate,
23
to
be
affixed
to
the
all-terrain
vehicle
and
bearing
the
24
distinguishing
number.
25
DEPARTMENT
OF
NATURAL
RESOURCES
——
POWERS
AND
DUTIES
TO
26
CONTRACT.
Code
section
455A.4(1)
is
amended
to
specify
that
27
the
director
of
the
department
has
a
general
power
and
duty
to
28
make
and
execute
agreements,
contracts,
and
other
instruments.
29
New
Code
section
455A.14
authorizes
the
department
to
apply
30
to
and
receive
moneys
from
and
contract
with
the
federal
31
government,
other
state
governments,
political
subdivisions
of
32
the
state,
and
private
persons
for
the
purpose
of
carrying
out
33
the
department’s
statutory
duties.
34
STATE
NURSERIES.
Code
section
455A.13
is
amended
to
require
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the
department
to
continue
to
develop
programs
to
encourage
1
the
wise
management
and
preservation
of
existing
woodlands
and
2
reforestation
on
private
and
public
land
both
in
Iowa
and
other
3
states.
4
FULL-TIME
OFFICERS
OF
THE
DEPARTMENT.
Code
section
5
456A.13
is
amended
to
require
that
applicants
to
be
full-time
6
officers
with
the
department
must
meet
similar
requirements
as
7
applicants
with
the
department
of
public
safety.
Full-time
8
officers
and
supervisory
personnel
with
the
department
of
9
natural
resources
have
the
same
powers
that
are
conferred
by
10
law
on
peace
officers
in
the
enforcement
of
all
Iowa
laws
11
and
the
apprehension
of
violators.
An
applicant
cannot
be
12
appointed
as
a
full-time
officer
until
the
person
has
passed
13
physical
and
mental
examinations
and
taken
an
oath.
There
is
a
14
12-month
probation
period
after
appointment
during
which
the
15
full-time
officer
must
successfully
complete
training
at
the
16
law
enforcement
academy
but
can
be
dismissed
for
any
reason.
17
After
the
probation
period,
the
officer
is
only
subject
to
18
dismissal
or
disciplinary
action
after
a
hearing,
subject
to
19
judicial
review.
A
coordinating
amendment
is
made
in
Code
20
section
80B.3(3).
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
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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
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been
paid,
are
repealed.
1
STATE
PRESERVES.
Code
section
465C.8
is
amended
to
give
the
2
state
advisory
board
for
preserves
the
authority
to
make
and
3
execute
agreements,
contracts,
and
other
instruments.
4
WILDLIFE
CONSERVATION.
Code
section
481A.22
is
amended
to
5
provide
that
permits
allowing
birds
released
at
an
officially
6
sanctioned
field
or
retriever
meet
or
trial
to
be
shot
by
7
designated
persons,
be
issued
as
provided
by
rule.
8
New
Code
section
481A.41
prohibits
the
feeding
or
baiting
9
of
wild
birds
or
animals
by
intentionally
placing,
depositing,
10
distributing,
or
scattering
feed
to
lure
or
attract
such
11
wildlife
to
a
specific
location.
The
provision
also
prohibits
12
hunting,
taking,
or
attempting
to
take
wildlife
in
such
13
an
area.
There
are
a
number
of
specific
exceptions
to
the
14
prohibition
against
feeding
or
baiting
wildlife.
A
violation
15
of
the
Code
section
is
a
simple
misdemeanor
and
is
punishable
16
with
a
scheduled
fine
of
$100
under
Code
section
805.8B(3)(e).
17
A
person
charged
with
a
violation
of
the
Code
section
is
18
required
to
immediately
remove
all
feed
from
the
baited
area.
19
Each
day
that
the
feed
remains
in
that
area
constitutes
an
20
additional
violation.
21
FALCONRY
LICENSE.
Code
section
483A.1(2)(s)
allowing
for
22
the
sale
of
falconry
licenses
to
nonresidents,
is
stricken.
23
MIGRATORY
GAME
BIRDS.
Code
section
484A.4
makes
a
technical
24
correction
specifying
that
the
natural
resource
commission
may
25
contract
with
nonprofit
organizations
using
revenue
generated
26
from
the
migratory
game
bird
fee
for
the
purpose
of
protecting
27
and
propagating
migratory
game
birds
and
acquiring
and
managing
28
wetlands,
except
that
not
more
than
15
percent
of
that
revenue
29
may
be
used
for
projects
outside
the
United
States.
30
ISLANDS
AND
ABANDONED
RIVER
CHANNELS.
Code
chapter
568
31
concerning
the
sale
and
disposal
of
abandoned
channels
of
32
navigable
streams
and
unsurveyed
or
unplatted
bars
or
islands
33
in
the
channels
of
navigable
streams
in
Iowa,
is
repealed.
34
PUBLIC
LANDS
AND
WATERS
——
PENALTIES.
Code
section
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805.8B(6)(c)
is
amended
to
provide
that
a
violation
of
Code
1
section
461A.35
prohibiting
destructive
acts
on
public
lands
2
and
waters,
and
Code
section
461A.42
prohibiting
the
use
of
3
firearms,
explosives,
weapons,
and
fireworks
in
state
parks
and
4
preserves
with
some
exceptions,
is
punishable
as
a
scheduled
5
violation
with
a
fine
of
$50.
Currently,
a
person
who
violates
6
one
of
these
Code
sections
is
guilty
of
a
simple
misdemeanor.
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