H.F. 367 Section 1. Section 321.20B, subsection 6, Code 2011, is 1 amended to read as follows: 2 6. This section does not apply to a snowmobile or 3 all-terrain vehicle , except an all-terrain vehicle operated 4 as provided in section 321.234A, subsection 2, or to a motor 5 vehicle identified in section 321.18, subsections 1 through 6 , 6 and subsection 8 . 7 Sec. 2. Section 321.105A, subsection 2, paragraph c, Code 8 2011, is amended by adding the following new subparagraph: 9 NEW SUBPARAGRAPH . (31) An all-terrain vehicle, if sales 10 tax on the all-terrain vehicle was paid by the owner when the 11 all-terrain vehicle was purchased. 12 Sec. 3. Section 321.109, subsection 1, paragraph a, Code 13 2011, is amended to read as follows: 14 a. The annual fee for all motor vehicles including vehicles 15 designated by manufacturers as station wagons, 1993 and 16 subsequent model year multipurpose vehicles, and 2010 and 17 subsequent model year motor trucks with an unladen weight of 18 ten thousand pounds or less, except motor trucks registered 19 under section 321.122 , business-trade trucks, special trucks, 20 motor homes, ambulances, hearses, motorcycles, all-terrain 21 vehicles, motorized bicycles, and 1992 and older model year 22 multipurpose vehicles, shall be equal to one percent of the 23 value as fixed by the department plus forty cents for each one 24 hundred pounds or fraction thereof of weight of vehicle, as 25 fixed by the department. The weight of a motor vehicle, fixed 26 by the department for registration purposes, shall include 27 the weight of a battery, heater, bumpers, spare tire, and 28 wheel. Provided, however, that for any new vehicle purchased 29 in this state by a nonresident for removal to the nonresident’s 30 state of residence the purchaser may make application to the 31 county treasurer in the county of purchase for a transit plate 32 for which a fee of ten dollars shall be paid. And provided, 33 however, that for any used vehicle held by a registered dealer 34 and not currently registered in this state, or for any vehicle 35 -1- LSB 2424YH (5) 84 dea/nh 1/ 8

H.F. 367 held by an individual and currently registered in this state, 1 when purchased in this state by a nonresident for removal to 2 the nonresident’s state of residence, the purchaser may make 3 application to the county treasurer in the county of purchase 4 for a transit plate for which a fee of three dollars shall 5 be paid. The county treasurer shall issue a nontransferable 6 certificate of registration for which no refund shall be 7 allowed; and the transit plates shall be void thirty days 8 after issuance. Such purchaser may apply for a certificate 9 of title by surrendering the manufacturer’s or importer’s 10 certificate or certificate of title, duly assigned as provided 11 in this chapter . In this event, the treasurer in the county 12 of purchase shall, when satisfied with the genuineness and 13 regularity of the application, and upon payment of a fee of 14 twenty dollars, issue a certificate of title in the name and 15 address of the nonresident purchaser delivering the title 16 to the owner. If there is a security interest noted on the 17 title, the county treasurer shall mail to the secured party an 18 acknowledgment of the notation of the security interest. The 19 county treasurer shall not release a security interest that 20 has been noted on a title issued to a nonresident purchaser 21 as provided in this paragraph. The application requirements 22 of section 321.20 apply to a title issued as provided in this 23 subsection , except that a natural person who applies for a 24 certificate of title shall provide either the person’s social 25 security number, passport number, or driver’s license number, 26 whether the license was issued by this state, another state, or 27 another country. The provisions of this subsection relating to 28 multipurpose vehicles are effective for all 1993 and subsequent 29 model years. The annual registration fee for multipurpose 30 vehicles that are 1992 model years and older shall be in 31 accordance with section 321.124 . 32 Sec. 4. Section 321.117, Code 2011, is amended to read as 33 follows: 34 321.117 Motorcycle, all-terrain vehicle, ambulance, and 35 -2- LSB 2424YH (5) 84 dea/nh 2/ 8

H.F. 367 hearse fees. 1 For all motorcycles the annual registration fee shall be 2 is twenty dollars. For all motorized bicycles the annual 3 registration fee shall be is seven dollars. When the a 4 motorcycle is more than five model years old, the annual 5 registration fee shall be is ten dollars. The annual 6 registration fee for all-terrain vehicles operated under 7 section 321.234A, subsection 2, is twenty dollars. The annual 8 registration fee for ambulances and hearses shall be is fifty 9 dollars. Passenger car plates shall be issued for ambulances 10 and hearses. 11 Sec. 5. Section 321.166, subsection 1, paragraph a, Code 12 2011, is amended to read as follows: 13 a. Registration plates shall be of metal and of a size 14 not to exceed six inches by twelve inches, except that the 15 size of plates issued for use on all-terrain vehicles operated 16 under section 321.234A, subsection 2, motorized bicycles, 17 motorcycles, motorcycle trailers, and trailers with an empty 18 weight of two thousand pounds or less shall be established by 19 the department. 20 Sec. 6. Section 321.166, subsections 3 and 4, Code 2011, are 21 amended to read as follows: 22 3. The registration plate number shall be displayed in 23 characters which shall not exceed a height of four inches nor a 24 stroke width exceeding five-eighths of an inch. Special plates 25 issued to dealers shall display the alphabetical character 26 “D”, which shall be of the same size as the characters in the 27 registration plate. The registration plate number issued 28 for all-terrain vehicles operated under section 321.234A, 29 subsection 2, motorized bicycles, motorcycles, trailers with 30 an empty weight of two thousand pounds or less, and motorcycle 31 trailers shall be a size prescribed by the department. 32 4. The registration plate number, except on all-terrain 33 vehicles operated under section 321.234A, subsection 2, 34 motorized bicycles, motorcycles, motorcycle trailers, and 35 -3- LSB 2424YH (5) 84 dea/nh 3/ 8

H.F. 367 trailers with an empty weight of two thousand pounds or less, 1 shall be of sufficient size to be readable from a distance of 2 one hundred feet during daylight. 3 Sec. 7. Section 321.234A, Code 2011, is amended to read as 4 follows: 5 321.234A All-terrain vehicles —— highway use —— operation in 6 cities . 7 1. All-terrain vehicles Except as provided in subsection 8 2, an all-terrain vehicle shall not be operated on a highway 9 unless one or more of the following conditions apply: 10 a. The operation is between sunrise and sunset and is 11 incidental to the vehicle’s use for agricultural purposes. For 12 purposes of this paragraph, “incidental to the vehicle’s use 13 for agricultural purposes” includes stopping in the course of 14 agricultural use to obtain fuel for the all-terrain vehicle or 15 to obtain food or a nonalcoholic beverage for the operator. 16 b. The operation is incidental to the vehicle’s use for the 17 purpose of surveying by a licensed engineer or land surveyor. 18 c. The all-terrain vehicle is operated by an employee or 19 agent of a political subdivision or public utility for the 20 purpose of construction or maintenance on or adjacent to the 21 highway. 22 d. The all-terrain vehicle is operated by an employee or 23 agent of a public agency as defined in section 34.1 for the 24 purpose of providing emergency services or rescue. 25 e. The all-terrain vehicle is operated for the purpose 26 of mowing, installing approved trail signs, or providing 27 maintenance on a snowmobile trail or all-terrain vehicle trail 28 designated by the department of natural resources. 29 f. The all-terrain vehicle is operated on a county roadway 30 in accordance with section 321I.10, subsection 2 , or a city 31 street in accordance with section 321I.10, subsection 3 . 32 2. a. An all-terrain vehicle may be operated on a highway 33 within a city with a population of ten thousand or less that 34 has authorized such operation pursuant to section 321.246, 35 -4- LSB 2424YH (5) 84 dea/nh 4/ 8

H.F. 367 provided all of the following conditions are met: 1 (1) The all-terrain vehicle is registered as a motor vehicle 2 under this chapter and bears the license plates required under 3 section 321.166. 4 (2) The operator of the all-terrain vehicle is at least 5 eighteen years of age and possesses a valid driver’s license. 6 (3) The operator of the all-terrain vehicle is covered by 7 an owner’s policy of liability insurance or other financial 8 liability coverage, as defined in section 321.1, in effect for 9 the all-terrain vehicle being operated. 10 (4) The all-terrain vehicle is equipped with rear lamps 11 and brake lights as described in sections 321.387 and 321.404, 12 directional signal devices or lights as described in section 13 321.317, and two headlamps that comply with the requirements of 14 this chapter. 15 b. The motor vehicle laws and penalties applicable to motor 16 vehicle operators apply to a person operating an all-terrain 17 vehicle registered under this subsection, to the extent 18 practically applicable. A violation of a provision of this 19 subsection not otherwise punishable under this chapter is 20 punishable as a scheduled violation as provided in subsection 21 5. 22 c. Registration and operation of an all-terrain vehicle 23 under this subsection does not constitute an exemption from the 24 provisions of chapter 321I. 25 2. 3. A person operating an all-terrain vehicle on a 26 highway shall have a valid driver’s license and the vehicle 27 shall be operated at speeds of thirty-five miles per hour or 28 less. 29 3. 4. An all-terrain vehicle that is owned by the owner 30 of land adjacent to a highway, other than an interstate road, 31 may be operated by the owner of the all-terrain vehicle, or by 32 a member of the owner’s family, on the portion of the highway 33 right-of-way that is between the shoulder of the roadway, or at 34 least five feet from the edge of the roadway, and the owner’s 35 -5- LSB 2424YH (5) 84 dea/nh 5/ 8

H.F. 367 property line. A person operating an all-terrain vehicle 1 within the highway right-of-way under this subsection shall 2 comply with the registration, safety, and age requirements 3 under chapter 321I . 4 4. 5. A person convicted of a violation of this section 5 is guilty of a simple misdemeanor punishable as a scheduled 6 violation under section 805.8A, subsection 3 . 7 Sec. 8. NEW SECTION . 321.246 All-terrain vehicle operation 8 in cities. 9 A city with a population of ten thousand or less may 10 authorize and regulate the operation of all-terrain vehicles on 11 streets and highways within the corporate limits of the city, 12 subject to the provisions of section 321.234A, subsection 2, 13 and consistent with the provisions of this chapter. 14 Sec. 9. Section 321.423, subsection 2, paragraph i, Code 15 2011, is amended to read as follows: 16 i. Modulating headlamps in conformance with 49 C.F.R. 17 § 571.108 S7.9.4. are permitted on a motorcycle or on an 18 all-terrain vehicle operated pursuant to section 321.234A . 19 Sec. 10. Section 321I.9, unnumbered paragraph 1, Code 2011, 20 is amended to read as follows: 21 Registration under this chapter shall not be required for 22 the following described all-terrain vehicles: 23 Sec. 11. Section 321I.10, subsection 3, Code 2011, is 24 amended to read as follows: 25 3. Cities A city with a population of more than ten thousand 26 may designate streets under the jurisdiction of cities the city 27 within their respective the city’s corporate limits which may 28 be used for the operation of registered all-terrain vehicles 29 or registered off-road utility vehicles. In designating 30 such streets, the city may authorize all-terrain vehicles 31 and off-road utility vehicles to stop at service stations or 32 convenience stores along a designated street. 33 EXPLANATION 34 This bill modifies the general prohibition on operation of 35 -6- LSB 2424YH (5) 84 dea/nh 6/ 8

H.F. 367 all-terrain vehicles on public highways by allowing a city with 1 a population of 10,000 or less to authorize and regulate the 2 operation of all-terrain vehicles within its corporate limits. 3 The person operating an all-terrain vehicle in such a city must 4 be at least 18 years of age and licensed as a motor vehicle 5 driver. The operator must be covered by liability insurance or 6 other financial liability coverage in effect for the vehicle 7 being operated. 8 The all-terrain vehicle must be equipped with turn signals, 9 headlamps, rear lamps, and brake lights. The headlamps may be 10 modulating headlamps similar to those permitted on motorcycles. 11 The vehicle is required to be registered as a motor vehicle 12 under Code chapter 321. The all-terrain vehicle must display 13 registration plates of a size and design to be established by 14 the state department of transportation. The annual fee for 15 registration of an all-terrain vehicle as a motor vehicle is 16 $20. 17 A person operating an all-terrain vehicle registered as a 18 motor vehicle would be subject to the same laws and penalties, 19 including scheduled fines, that apply to drivers of other 20 motor vehicles. A violation of a provision of law uniquely 21 applicable to an all-terrain vehicle registered as a motor 22 vehicle, not otherwise punishable as a motor vehicle offense, 23 would be a simple misdemeanor punishable by a scheduled fine 24 of $50. 25 Registration of an all-terrain vehicle for the purpose of 26 operating it on city streets would not exempt the owner from 27 the registration and regulation requirements administered by 28 the department of natural resources. 29 Under current law, counties and cities may designate streets 30 under their respective jurisdictions for the operation of 31 all-terrain vehicles registered by the department of natural 32 resources. The bill retains that authority for counties, but 33 modifies the authority for cities by limiting it to cities with 34 a population of more than 10,000. 35 -7- LSB 2424YH (5) 84 dea/nh 7/ 8

H.F. 367 All vehicles subject to registration are subject to a fee 1 for new registration in an amount equal to 5 percent of the 2 purchase price, which is due when the owner registers the 3 vehicle for the first time. The amount is equivalent to the 4 amount of sales tax which currently applies for all-terrain 5 vehicles. The bill creates an exemption from the fee for new 6 registration for an all-terrain vehicle being registered by 7 the owner as a motor vehicle if the owner has already paid the 8 sales tax for the vehicle. 9 -8- LSB 2424YH (5) 84 dea/nh 8/ 8