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 TLSB 5362DP (12) 83 av/sc
S.F. _____ H.F. _____ 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 -1- LSB 5362DP (12) 83 av/sc 1/ 38
S.F. _____ H.F. _____ 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. 35 -2- LSB 5362DP (12) 83 av/sc 2/ 38
S.F. _____ H.F. _____ 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. 35 -3- LSB 5362DP (12) 83 av/sc 3/ 38
S.F. _____ H.F. _____ 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 35 -4- LSB 5362DP (12) 83 av/sc 4/ 38
S.F. _____ H.F. _____ 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. 35 -5- LSB 5362DP (12) 83 av/sc 5/ 38
S.F. _____ H.F. _____ 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 35 -6- LSB 5362DP (12) 83 av/sc 6/ 38
S.F. _____ H.F. _____ 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 -7- LSB 5362DP (12) 83 av/sc 7/ 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 -8- LSB 5362DP (12) 83 av/sc 8/ 38
S.F. _____ 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 -9- LSB 5362DP (12) 83 av/sc 9/ 38
S.F. _____ 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 -10- LSB 5362DP (12) 83 av/sc 10/ 38
S.F. _____ 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 -11- LSB 5362DP (12) 83 av/sc 11/ 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 -12- LSB 5362DP (12) 83 av/sc 12/ 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 -13- LSB 5362DP (12) 83 av/sc 13/ 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 35 -14- LSB 5362DP (12) 83 av/sc 14/ 38
S.F. _____ H.F. _____ 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 35 -15- LSB 5362DP (12) 83 av/sc 15/ 38
S.F. _____ H.F. _____ 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 35 -16- LSB 5362DP (12) 83 av/sc 16/ 38
S.F. _____ H.F. _____ 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 35 -17- LSB 5362DP (12) 83 av/sc 17/ 38
S.F. _____ H.F. _____ 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: 35 -18- LSB 5362DP (12) 83 av/sc 18/ 38
S.F. _____ H.F. _____ 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: 35 -19- LSB 5362DP (12) 83 av/sc 19/ 38
S.F. _____ H.F. _____ 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 35 -20- LSB 5362DP (12) 83 av/sc 20/ 38
S.F. _____ H.F. _____ 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 35 -21- LSB 5362DP (12) 83 av/sc 21/ 38
S.F. _____ H.F. _____ 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 35 -22- LSB 5362DP (12) 83 av/sc 22/ 38
S.F. _____ H.F. _____ 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 35 -23- LSB 5362DP (12) 83 av/sc 23/ 38
S.F. _____ H.F. _____ 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 35 -24- LSB 5362DP (12) 83 av/sc 24/ 38
S.F. _____ H.F. _____ 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 35 -25- LSB 5362DP (12) 83 av/sc 25/ 38
S.F. _____ H.F. _____ 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 35 -26- LSB 5362DP (12) 83 av/sc 26/ 38
S.F. _____ H.F. _____ 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 35 -27- LSB 5362DP (12) 83 av/sc 27/ 38
S.F. _____ H.F. _____ 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 35 -28- LSB 5362DP (12) 83 av/sc 28/ 38
S.F. _____ H.F. _____ 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 35 -29- LSB 5362DP (12) 83 av/sc 29/ 38
S.F. _____ H.F. _____ 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, 35 -30- LSB 5362DP (12) 83 av/sc 30/ 38
S.F. _____ H.F. _____ 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 -31- LSB 5362DP (12) 83 av/sc 31/ 38
S.F. _____ 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 35 -32- LSB 5362DP (12) 83 av/sc 32/ 38
S.F. _____ H.F. _____ 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 -33- LSB 5362DP (12) 83 av/sc 33/ 38
S.F. _____ 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 35 -34- LSB 5362DP (12) 83 av/sc 34/ 38
S.F. _____ H.F. _____ 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 35 -35- LSB 5362DP (12) 83 av/sc 35/ 38
S.F. _____ H.F. _____ 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 -36- LSB 5362DP (12) 83 av/sc 36/ 38
S.F. _____ H.F. _____ 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 35 -37- LSB 5362DP (12) 83 av/sc 37/ 38
S.F. _____ H.F. _____ 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. 7 -38- LSB 5362DP (12) 83 av/sc 38/ 38