House Study Bill 672 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON SANDS) A BILL FOR An Act relating to the regulation of snowmobiles, all-terrain 1 vehicles, and watercraft by the department of natural 2 resources, establishing fees, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5210YC (2) 84 dea/nh

H.F. _____ Section 1. Section 321G.1, Code 2011, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 5A. “Designated snowmobile trail” means 3 a snowmobile riding trail on any public land, private land, 4 or public ice that has been designated by the department, 5 a political subdivision, or a controlling authority for 6 snowmobile use. 7 NEW SUBSECTION . 5B. “Direct supervision” means to provide 8 supervision of another person while maintaining visual and 9 verbal contact at all times. 10 NEW SUBSECTION . 11A. “Nonresident” means a person who is 11 not a resident of this state. 12 NEW SUBSECTION . 15A. “Public ice” means any frozen, 13 navigable waters within the territorial limits of this state 14 and the frozen marginal river areas adjacent to this state, 15 other than farm ponds, that are under the jurisdiction of the 16 commission. 17 NEW SUBSECTION . 16A. “Public water” means any navigable 18 waters within the territorial limits of this state and the 19 marginal river areas adjacent to this state, other than farm 20 ponds, that are under the jurisdiction of the commission. 21 NEW SUBSECTION . 17A. “Resident” means as defined in section 22 483A.1A. 23 Sec. 2. Section 321G.1, subsections 19 and 21, Code 2011, 24 are amended to read as follows: 25 19. “Safety “Education certificate” means a snowmobile 26 safety education certificate, approved by the commission, which 27 is issued to a qualified applicant who is twelve years of age 28 or older. 29 21. “Special event” means an organized race, exhibition, or 30 demonstration of limited duration which is conducted on public 31 land , or public ice , or a designated snowmobile trail under 32 the jurisdiction of the commission according to a prearranged 33 schedule and in which general public interest is manifested. 34 Sec. 3. Section 321G.1, Code 2011, is amended by adding the 35 -1- LSB 5210YC (2) 84 dea/nh 1/ 37

H.F. _____ following new subsection: 1 NEW SUBSECTION . 23. “Water skipping” means the operation 2 of a snowmobile on the surface of water by utilizing the skis, 3 track, and bottom surface area of the snowmobile for flotation 4 while the snowmobile is in motion. 5 Sec. 4. Section 321G.2, subsection 1, paragraphs c, e, f, 6 and h, Code 2011, are amended to read as follows: 7 c. Use of snowmobiles on designated snowmobile trails and 8 public lands under the jurisdiction of the commission. 9 e. Establishment of a program of grants, subgrants, 10 and contracts to be administered by the department for the 11 development, maintenance, signing, and operation of designated 12 snowmobile trails and the operation of grooming equipment by 13 political subdivisions and incorporated private organizations. 14 f. Issuance of safety education certificates. 15 h. Issuance of annual user permits for nonresidents and 16 establishment of administrative fees for issuance of the 17 permits. 18 Sec. 5. Section 321G.2, subsection 1, Code 2011, is amended 19 by adding the following new paragraph: 20 NEW PARAGRAPH . l. Maintenance, signing, and operation of 21 designated snowmobile trails. 22 Sec. 6. Section 321G.3, Code 2011, is amended to read as 23 follows: 24 321G.3 Registration required —— penalties. 25 1. Each snowmobile used on public land or , public ice , or a 26 designated snowmobile trail of this state shall be currently 27 registered. A person shall not operate, maintain, or give 28 permission for the operation or maintenance of a snowmobile 29 on public land or , public ice , or a designated snowmobile 30 trail unless the snowmobile is registered in accordance with 31 this chapter or applicable federal laws or the snowmobile 32 displays a current annual user permit decal issued for the 33 snowmobile as provided in section 321G.4A in accordance with an 34 approved numbering system of another state and the evidence of 35 -2- LSB 5210YC (2) 84 dea/nh 2/ 37

H.F. _____ registration is in full force and effect. A snowmobile must 1 also be issued a user permit in accordance with this chapter . 2 2. A registration certificate and registration decal shall 3 be assigned, without payment of fee, to snowmobiles owned 4 by the state of Iowa or its political subdivisions. The 5 registration decal shall be displayed on the snowmobile as 6 required under section 321G.5 . A registration certificate 7 shall be assigned, without payment of a registration fee, for 8 a snowmobile which is exempt from registration but is being 9 titled, upon payment of a writing fee as provided in section 10 321G.27 and an administrative fee. A registration decal shall 11 not be issued and the registration shall not expire while the 12 snowmobile is exempt. The application for registration and 13 the registration certificate shall indicate the reason for 14 exemption from the registration fee. 15 3. 2. A violation of subsection 1 or 2 is punishable as 16 a scheduled violation under section 805.8B, subsection 2 , 17 paragraph “a” . When the scheduled fine is paid, the violator 18 shall submit proof to the department that a valid registration 19 or and user permit has have been obtained by providing a copy 20 of the registration or and user permit to the department within 21 thirty days of the date the fine is paid. A person who violates 22 this subsection is guilty of a simple misdemeanor. 23 Sec. 7. Section 321G.4, subsection 2, Code 2011, is amended 24 to read as follows: 25 2. The owner of the snowmobile shall file an application for 26 registration with the department through a the county recorder 27 of the county of residence, or in the case of a nonresident 28 owner, in the county of primary use, in the manner established 29 by the commission. The application shall be completed by the 30 owner and shall be accompanied by a fee of fifteen dollars and 31 a writing fee as provided in section 321G.27 . A snowmobile 32 shall not be registered by the county recorder until the 33 county recorder is presented with receipts, bills of sale, 34 or other satisfactory evidence that the sales or use tax has 35 -3- LSB 5210YC (2) 84 dea/nh 3/ 37

H.F. _____ been paid for the purchase of the snowmobile or that the 1 owner is exempt from paying the tax. A snowmobile that has 2 an expired registration certificate from another state may be 3 registered in this state upon proper application, payment of 4 all applicable registration and writing fees, and payment of a 5 penalty of five dollars. 6 Sec. 8. Section 321G.4A, subsection 1, Code 2011, is amended 7 to read as follows: 8 1. A nonresident person wishing to operate a snowmobile, 9 other than a snowmobile registered pursuant to this chapter, 10 snowmobile on public land , or public ice , or a designated 11 snowmobile trail of this state shall first obtain a user permit 12 from the department. A user permit shall be issued for the use 13 on only one snowmobile specified at the time of application 14 and is not transferable. A user permit shall be valid for the 15 calendar year or time period specified in the permit. 16 Sec. 9. Section 321G.5, Code 2011, is amended to read as 17 follows: 18 321G.5 Display of registration and user permit decals. 19 The owner of a snowmobile shall display the registration 20 decal or nonresident and user permit decal on a the snowmobile 21 in the manner prescribed by the rules of the commission. 22 Sec. 10. Section 321G.6, subsection 3, Code 2011, is amended 23 to read as follows: 24 3. Duplicate registrations may be issued upon application 25 to the by a county recorder and or a license agent upon the 26 payment of a five dollar fee plus a writing fee as provided in 27 section 321G.27 . 28 Sec. 11. Section 321G.7, subsection 1, Code 2011, is amended 29 to read as follows: 30 1. A county recorder or license agent shall remit to the 31 commission the snowmobile fees collected by the recorder 32 or license agent in the manner and time prescribed by the 33 department. 34 Sec. 12. Section 321G.8, unnumbered paragraph 1, Code 2011, 35 -4- LSB 5210YC (2) 84 dea/nh 4/ 37

H.F. _____ is amended to read as follows: 1 Registration and user permits shall not be required for the 2 following described snowmobiles: 3 Sec. 13. Section 321G.8, subsection 1, Code 2011, is amended 4 to read as follows: 5 1. Snowmobiles owned and used by the United States, this 6 state, or another state, or by a political governmental 7 subdivision of another state thereof, and used for enforcement, 8 search and rescue, or official research and studies, but not 9 for recreational or commercial purposes . 10 Sec. 14. Section 321G.9, subsection 6, Code 2011, is amended 11 by striking the subsection. 12 Sec. 15. Section 321G.10, Code Supplement 2011, is amended 13 to read as follows: 14 321G.10 Accident reports. 15 If a snowmobile is involved in an accident resulting in 16 injury or death to anyone or property damage amounting to one 17 thousand five hundred dollars or more, either the operator 18 or someone acting for the operator shall immediately notify 19 the county sheriff or another law enforcement agency in the 20 state. If the accident occurred on public land , or public 21 ice , or a designated snowmobile trail under the jurisdiction 22 of the commission, the operator shall file with the commission 23 a report of the accident, within seventy-two hours, containing 24 information as the commission may require. All other accidents 25 shall be reported as required under section 321.266 . 26 Sec. 16. Section 321G.12, Code 2011, is amended to read as 27 follows: 28 321G.12 Headlamp —— tail lamp Headlight —— taillight —— 29 brakes. 30 Every snowmobile shall be equipped with at least one 31 headlamp headlight and one tail lamp taillight . Every 32 snowmobile shall be equipped with brakes. 33 Sec. 17. Section 321G.13, subsection 1, paragraph f, Code 34 2011, is amended to read as follows: 35 -5- LSB 5210YC (2) 84 dea/nh 5/ 37

H.F. _____ f. On any public land, public ice, or snow designated 1 snowmobile trail , in violation of official signs of the 2 commission prohibiting such operation in the interest of 3 safety for persons, property, or the environment. Any officer 4 appointed by the commission may post an official sign in an 5 emergency for the protection of persons, property, or the 6 environment. 7 Sec. 18. Section 321G.13, subsection 1, Code 2011, is 8 amended by adding the following new paragraph: 9 NEW PARAGRAPH . i. Upon the surface of any public water in a 10 maneuver known as water skipping. This paragraph “i” does not 11 apply to operation on rivers or streams between November 1 and 12 April 1. 13 Sec. 19. Section 321G.13, subsection 3, Code 2011, is 14 amended to read as follows: 15 3. A person shall not drive or operate a snowmobile 16 on public land or a designated snowmobile trail without a 17 measurable snow cover. 18 Sec. 20. Section 321G.17, Code 2011, is amended to read as 19 follows: 20 321G.17 Violation of stop signal. 21 A person , after having who has received a visual or audible 22 signal from a peace officer to come to a stop, shall not 23 operate a snowmobile in willful or wanton disregard of the 24 signal , or interfere with or endanger the officer or any other 25 person or vehicle, or increase speed , or attempt to flee or 26 elude the officer. 27 Sec. 21. Section 321G.20, Code 2011, is amended to read as 28 follows: 29 321G.20 Minors under twelve Operation by minors . 30 1. An owner or operator of a snowmobile shall not permit 31 a person under twelve years of age to operate and a person 32 less than twelve years of age shall not operate , a snowmobile 33 on a designated snowmobile trail, public land, or public ice 34 except when accompanied on the same snowmobile by a responsible 35 -6- LSB 5210YC (2) 84 dea/nh 6/ 37

H.F. _____ person of at least eighteen years of age who is experienced 1 in snowmobile operation and who possesses a valid driver’s 2 license, as defined in section 321.1 , or a safety an education 3 certificate issued under this chapter . 4 2. While operating a snowmobile on a designated snowmobile 5 trail, public land, or public ice, a person twelve through 6 fifteen years of age and possessing a valid education 7 certificate must be under the direct supervision of a parent, 8 guardian, or another adult authorized by the parent or 9 guardian, who is experienced in snowmobile operation and 10 possesses a valid driver’s license, as defined in section 11 321.1, or an education certificate issued under this chapter. 12 3. A person under eighteen years of age but over the age of 13 fifteen shall not operate a snowmobile on or across a public 14 highway unless the person has in the person’s possession an 15 education certificate issued to the person pursuant to this 16 chapter. 17 Sec. 22. Section 321G.21, subsections 1 through 5, Code 18 2011, are amended to read as follows: 19 1. A manufacturer, distributor, or dealer owning a 20 snowmobile required to be registered under this chapter 21 may operate the snowmobile for purposes of transporting, 22 testing, demonstrating, or selling it without the snowmobile 23 being registered, except that a special identification 24 number registration decal issued to the owner as provided 25 in this chapter shall be displayed on the snowmobile in the 26 manner prescribed by rules of the commission . The special 27 identification number registration decal shall not be used 28 on a snowmobile offered for hire or for any work or service 29 performed by a manufacturer, distributor, or dealer. 30 2. Every manufacturer, distributor, or dealer shall 31 register with the department by making application to the 32 commission, upon forms prescribed by the commission, for 33 a special registration certificate containing a general 34 identification number and for one or more duplicate special 35 -7- LSB 5210YC (2) 84 dea/nh 7/ 37

H.F. _____ registration certificates and decal . The applicant shall pay 1 a registration fee of fifteen forty-five dollars and submit 2 reasonable proof of the applicant’s status as a bona fide 3 manufacturer, distributor, or dealer as may be required by the 4 commission. 5 3. The commission, upon granting an application, shall 6 issue to the applicant a special registration certificate 7 containing and decal. The special registration certificate 8 shall contain the applicant’s name , and address, the and 9 general identification number ; assigned to the applicant, the 10 word “manufacturer”, “dealer”, or “distributor” , ; and other 11 information the commission prescribes. The manufacturer, 12 distributor, or dealer shall have the assigned number printed 13 upon or attached to a removable sign or signs which may be 14 temporarily but firmly mounted or attached to the snowmobile 15 being used. The display shall meet the requirements of this 16 chapter and the rules of the commission. 17 4. The commission shall also issue duplicate special 18 registration certificates and decals which shall have displayed 19 thereon the general identification number assigned to the 20 applicant. Each duplicate registration certificate so issued 21 shall contain a number or symbol identifying it from every 22 other duplicate special registration certificate bearing the 23 same general identification number. A county recorder may 24 issue duplicate special registration certificates and decals 25 electronically pursuant to rules adopted by the commission. 26 The fee for each additional duplicate special registration 27 certificate and decal shall be two five dollars , plus a writing 28 fee . 29 5. Each special registration certificate issued hereunder 30 under this section shall be for a period of three years and 31 shall expire on December 31 of each the renewal year , and 32 a . A new special registration certificate for the ensuing 33 twelve months three-year renewal period may be obtained upon 34 application to the commission and payment of the fee provided 35 -8- LSB 5210YC (2) 84 dea/nh 8/ 37

H.F. _____ by law. A county recorder may issue special registration 1 certificate renewals electronically pursuant to rules adopted 2 by the commission. 3 Sec. 23. Section 321G.23, Code 2011, is amended to read as 4 follows: 5 321G.23 Course of instruction. 6 1. The commission shall provide, by rules adopted pursuant 7 to section 321G.2 , for the establishment of certified courses 8 of instruction to be conducted throughout the state for the 9 safe use and operation of snowmobiles. The curriculum shall 10 include instruction in the lawful and safe use, operation, and 11 equipping of snowmobiles consistent with this chapter and rules 12 adopted by the commission and the director of transportation 13 and other matters the commission deems pertinent for a 14 qualified snowmobile operator. The commission may establish 15 a fee for the course which shall not exceed the actual cost of 16 instruction minus moneys received by the department from safety 17 education certificate fees under section 321G.24 . 18 2. The commission may certify any experienced, qualified 19 operator to be an instructor of a class established under 20 subsection 1 . Each instructor shall be at least eighteen years 21 of age. 22 3. Upon completion of the course of instruction, the 23 commission shall provide for the administration of a written 24 test to any student who wishes to qualify for a safety an 25 education certificate. 26 4. The commission shall provide safety education material 27 relating to the operation of snowmobiles for the use of 28 nonpublic or public elementary and secondary schools in this 29 state. 30 5. The department may develop requirements and standards 31 for online education offerings. Only vendors who have entered 32 into a memorandum of understanding with the department 33 shall be permitted to offer an online course that results 34 in the issuance of an education certificate approved by the 35 -9- LSB 5210YC (2) 84 dea/nh 9/ 37

H.F. _____ commission. Vendors may charge for their courses and collect 1 the education certificate fee required under section 321G.24, 2 subsection 2, on behalf of the department as agreed to in the 3 memorandum of understanding. 4 Sec. 24. Section 321G.24, Code 2011, is amended to read as 5 follows: 6 321G.24 Safety Education certificate —— fee. 7 1. A person under eighteen years of age shall not 8 operate a snowmobile on public land , or public ice , a 9 designated snowmobile trail, or land purchased with snowmobile 10 registration funds in this state without obtaining a valid 11 safety education certificate issued approved by the department 12 and having the certificate in the person’s possession, 13 unless the person is accompanied on the same snowmobile by 14 a responsible person of at least eighteen years of age who 15 is experienced in snowmobile operation and possesses a valid 16 driver’s license, as defined in section 321.1 , or a safety an 17 education certificate issued under this chapter . 18 2. Upon application successful completion of the course 19 and payment of a fee of five dollars, a qualified applicant 20 shall be issued a safety an education certificate which is 21 valid until the certificate is suspended or revoked by the 22 director for a violation of a provision of this chapter or a 23 rule adopted pursuant to this chapter . The application shall 24 be made on forms issued by the commission and shall contain 25 information as the commission may reasonably require. 26 3. Any person who is required to have a safety an education 27 certificate under this chapter and who has completed a course 28 of instruction established under section 321G.2, subsection 29 1 , paragraph “j” , including the successful passage of an 30 examination which includes a written test relating to such 31 course of instruction, shall be considered qualified to receive 32 a safety an education certificate. 33 4. The permit certificate fees collected under this section 34 shall be credited to the special snowmobile fund created under 35 -10- LSB 5210YC (2) 84 dea/nh 10/ 37

H.F. _____ section 321G.7 and shall be used for safety and educational 1 programs. 2 5. A valid snowmobile safety or education certificate or 3 license issued to a nonresident by a governmental authority 4 of another state shall be considered a valid certificate or 5 license in this state if the permit certification or license 6 licensing requirements of the governmental authority , excluding 7 fees, are substantially the same as the requirements of this 8 chapter as determined by the commission. 9 Sec. 25. Section 321G.25, Code 2011, is amended to read as 10 follows: 11 321G.25 Stopping and inspecting —— warnings. 12 A peace officer may stop and inspect a snowmobile operated, 13 parked, or stored on public streets, highways, public lands, 14 or frozen waters public ice, or designated snowmobile trails 15 of the state to determine if the snowmobile is registered, 16 numbered, or equipped as required by this chapter and 17 commission rules. The officer shall not inspect an area that 18 is not essential to determine compliance with the requirements. 19 If the officer determines that the snowmobile is not in 20 compliance, the officer may issue a warning memorandum to the 21 operator and forward a copy to the commission. The warning 22 memorandum shall indicate the items found not in compliance and 23 shall direct the owner or operator of the snowmobile to have 24 the snowmobile in compliance and return a copy of the warning 25 memorandum with the proof of compliance to the commission 26 within fourteen days. If the proof of compliance is not 27 provided within fourteen days, the owner or operator is in 28 violation of this chapter . 29 Sec. 26. Section 321G.26, Code 2011, is amended to read as 30 follows: 31 321G.26 Termination of use. 32 A person who receives a warning memorandum for a snowmobile 33 shall stop using the snowmobile as soon as possible and shall 34 not operate it on public streets, highways, public lands, or 35 -11- LSB 5210YC (2) 84 dea/nh 11/ 37

H.F. _____ frozen waters public ice, or designated snowmobile trails of 1 the state until the snowmobile is in compliance. 2 Sec. 27. Section 321G.27, subsection 1, Code 2011, is 3 amended by adding the following new paragraph: 4 NEW PARAGRAPH . 0c. The county recorder shall collect 5 a writing fee of one dollar and twenty-five cents for each 6 duplicate special registration certificate issued by the county 7 recorder’s office. 8 Sec. 28. Section 321G.29, subsection 8, Code Supplement 9 2011, is amended to read as follows: 10 8. Once titled, a person shall not sell or transfer 11 ownership of a snowmobile without delivering to the purchaser 12 or transferee a certificate of title with an assignment on it 13 showing title in the purchaser or transferee purchaser’s or 14 transferee’s name . A person shall not purchase or otherwise 15 acquire a snowmobile without obtaining a certificate of title 16 for it in that person’s name. 17 Sec. 29. Section 321G.31, subsection 1, Code 2011, is 18 amended to read as follows: 19 1. If ownership of a snowmobile is transferred by 20 operation of law, such as by inheritance, order in bankruptcy, 21 insolvency, replevin, or execution sale, the transferee, within 22 thirty days after acquiring the right to possession of the 23 snowmobile, shall mail or deliver to the county recorder of 24 the transferee’s county of residence satisfactory proof of 25 ownership as the county recorder requires, together with an 26 application for a new certificate of title, and the required 27 fee. 28 Sec. 30. Section 321G.33, subsections 1 and 3, Code 2011, 29 are amended to read as follows: 30 1. The department may assign a distinguishing number to 31 a snowmobile when the serial number on the snowmobile is 32 destroyed or obliterated and issue to the owner a special 33 plate decal bearing the distinguishing number which shall be 34 affixed to the snowmobile in a position to be determined by 35 -12- LSB 5210YC (2) 84 dea/nh 12/ 37

H.F. _____ the department. The snowmobile shall be registered and titled 1 under the distinguishing number in lieu of the former serial 2 number. Every snowmobile shall have a vehicle identification 3 number assigned and affixed as required by the department. 4 3. A person shall not destroy, remove, alter, cover, or 5 deface the manufacturer’s vehicle identification number, the 6 plate or decal bearing it, or any vehicle identification number 7 the department assigns to a snowmobile without the department’s 8 permission. 9 Sec. 31. Section 321I.1, subsection 1, paragraph b, Code 10 2011, is amended to read as follows: 11 b. Off-road motorcycles shall be considered all-terrain 12 vehicles for the purpose of registration. Off-road motorcycles 13 shall also be considered all-terrain vehicles for the purpose 14 of titling if a title has not previously been issued pursuant 15 to chapter 321 . An operator of an off-road motorcycle is 16 subject to provisions governing the operation of all-terrain 17 vehicles in this chapter , but is exempt from the safety 18 education instruction and certification program requirements of 19 sections 321I.25 and 321I.26 . 20 Sec. 32. Section 321I.1, subsections 6, 7, and 16, Code 21 2011, are amended to read as follows: 22 6. “Designated riding area” means an all-terrain vehicle 23 riding area on any public land or public ice under the 24 jurisdiction of the department that has been designated by the 25 department for all-terrain vehicle use. 26 7. “Designated riding trail” means an all-terrain vehicle 27 riding trail on any public land , private land, or public 28 ice under the jurisdiction of the department that has been 29 designated by the department , a political subdivision, or a 30 controlling authority for all-terrain vehicle use. 31 16. a. “Off-road utility vehicle” means a motorized 32 flotation-tire or rubber-tracked vehicle with not less than 33 four and not more than eight low-pressure tires or rubberized 34 tracks that is limited in engine displacement to less than one 35 -13- LSB 5210YC (2) 84 dea/nh 13/ 37

H.F. _____ thousand five hundred cubic centimeters and in total dry weight 1 to not more than one thousand eight hundred pounds and that 2 has a seat that is of bucket or bench design, not intended to 3 be straddled by the operator, and a steering wheel or control 4 levers for control. 5 b. An owner of an off-road utility vehicle may register 6 or title an off-road utility vehicle in order to legally 7 operate the off-road vehicle on public ice, a designated 8 riding area, or a designated riding trail. The operator of an 9 off-road utility vehicle is subject to provisions governing 10 the operation of all-terrain vehicles in section 321.234A , and 11 this chapter , and administrative rules, but is exempt from 12 the safety education instruction and certification program 13 requirements of sections 321I.25 and 321I.26 . An operator of 14 an off-road utility vehicle shall not operate the vehicle on a 15 designated riding area or designated riding trail unless the 16 department has posted signage indicating the riding area or 17 trail is open to the operation of off-road utility vehicles. 18 Off-road utility vehicles are exempt from subject to the dealer 19 registration and titling requirements of this chapter . A 20 motorized vehicle that was previously titled or is currently 21 titled under chapter 321 shall not be registered or operated 22 as an off-road utility vehicle. 23 Sec. 33. Section 321I.1, Code 2011, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 20A. “Public ice” means any frozen, 26 navigable waters within the territorial limits of this state 27 and the frozen marginal river areas adjacent to this state, 28 other than farm ponds, that are under the jurisdiction of the 29 commission. 30 Sec. 34. Section 321I.1, subsections 23, 25, and 27, Code 31 2011, are amended to read as follows: 32 23. “Resident” means a person who meets the requirements 33 for residency described in section 321.1A as defined in section 34 483A.1A . 35 -14- LSB 5210YC (2) 84 dea/nh 14/ 37

H.F. _____ 25. “ Safety Education certificate” means an all-terrain 1 vehicle safety education certificate, approved by the 2 commission, which is issued to a qualified applicant who is 3 twelve years of age or older. 4 27. “Special event” means an organized race, exhibition, 5 or demonstration of limited duration which is conducted on 6 public land , or public ice , or a designated riding trail under 7 the jurisdiction of the commission according to a prearranged 8 schedule and in which general public interest is manifested. 9 Sec. 35. Section 321I.2, subsection 1, paragraph f, Code 10 2011, is amended to read as follows: 11 f. Issuance of safety education certificates. 12 Sec. 36. Section 321I.3, Code 2011, is amended to read as 13 follows: 14 321I.3 Registration required —— penalties. 15 1. Each all-terrain vehicle used on public land , or public 16 ice , or a designated riding trail of this state shall be 17 currently registered. A person shall not operate, maintain, 18 or give permission for the operation or maintenance of an 19 all-terrain vehicle on public land , or public ice , or a 20 designated riding trail unless the all-terrain vehicle is 21 registered in accordance with this chapter or applicable 22 federal laws or the all-terrain vehicle displays a current 23 annual user permit decal issued for the all-terrain vehicle 24 as provided in section 321I.5 in accordance with an approved 25 numbering system of another state and the evidence of 26 registration is in full force and effect. An all-terrain 27 vehicle registered in another state must also be issued a user 28 permit in this state in accordance with this chapter . 29 2. A registration certificate and registration decal 30 shall be assigned, without payment of fee, to all-terrain 31 vehicles owned by the state of Iowa or its political 32 subdivisions. The registration decal shall be displayed on 33 the all-terrain vehicle as required under section 321I.6 . A 34 registration certificate shall be assigned, without payment 35 -15- LSB 5210YC (2) 84 dea/nh 15/ 37

H.F. _____ of a registration fee, for an all-terrain vehicle which is 1 exempt from registration but is being titled, upon payment 2 of a writing fee as provided in section 321I.29 and an 3 administrative fee. A registration decal shall not be issued 4 and the registration shall not expire while the all-terrain 5 vehicle is exempt. The application for registration and 6 the registration certificate shall indicate the reason for 7 exemption from the registration fee. 8 3. 2. A violation of subsection 1 or 2 is punishable as 9 a scheduled violation under section 805.8B, subsection 2A , 10 paragraph “a” . When the scheduled fine is paid, the violator 11 shall submit proof to the department that a valid registration 12 or user permit has been obtained by providing a copy of the 13 registration or user permit to the department within thirty 14 days of the date the fine is paid. A person who violates this 15 subsection is guilty of a simple misdemeanor. 16 Sec. 37. Section 321I.4, subsection 2, Code 2011, is amended 17 to read as follows: 18 2. The owner of the all-terrain vehicle shall file an 19 application for registration with the department through a the 20 county recorder of the county of residence, or in the case 21 of a nonresident owner, in the county of primary use, in the 22 manner established by the commission. The application shall 23 be completed by the owner and shall be accompanied by a fee 24 of fifteen dollars and a writing fee as provided in section 25 321I.29 . An all-terrain vehicle shall not be registered by the 26 county recorder until the county recorder is presented with 27 receipts, bills of sale, or other satisfactory evidence that 28 the sales or use tax has been paid for the purchase of the 29 all-terrain vehicle or that the owner is exempt from paying the 30 tax. An all-terrain vehicle that has an expired registration 31 certificate from another state may be registered in this state 32 upon proper application, payment of all applicable registration 33 and writing fees, and payment of a penalty of five dollars. 34 Sec. 38. Section 321I.5, subsection 1, Code 2011, is amended 35 -16- LSB 5210YC (2) 84 dea/nh 16/ 37

H.F. _____ to read as follows: 1 1. A nonresident wishing to operate an all-terrain vehicle, 2 other than an all-terrain vehicle owned by a resident and 3 registered pursuant to this chapter , on public land , or public 4 ice , or a designated riding trail of this state shall first 5 obtain a user permit from the department. A user permit shall 6 be issued for the use on only one all-terrain vehicle specified 7 at the time of application and is not transferable. A user 8 permit shall be valid for the calendar year or time period 9 specified in the permit. 10 Sec. 39. Section 321I.7, subsections 3 and 4, Code 2011, are 11 amended to read as follows: 12 3. Duplicate registrations may be issued upon application 13 to the by a county recorder or a license agent and the payment 14 of a five dollar fee plus a writing fee as provided in section 15 321I.29 . 16 4. A motorcycle, as defined in section 321.1, subsection 17 40 , paragraph “a” , may be registered as an all-terrain vehicle 18 as provided in this section . A motorcycle registered as an 19 all-terrain vehicle may participate in all programs established 20 for all-terrain vehicles under this chapter except for the 21 safety education instruction and certification program. 22 Sec. 40. Section 321I.8, Code 2011, is amended to read as 23 follows: 24 321I.8 Fees remitted to commission —— appropriation. 25 1. A county recorder or license agent shall remit to the 26 commission the all-terrain vehicle fees collected by the 27 recorder or license agent in the manner and time prescribed by 28 the department. 29 2. The department shall remit the fees, including user 30 fees collected pursuant to section 321I.5 , to the treasurer 31 of state, who shall place the money in a special all-terrain 32 vehicle fund. The money is appropriated to the department for 33 the all-terrain vehicle programs of the state. The programs 34 shall include grants, subgrants, contracts, or cost-sharing 35 -17- LSB 5210YC (2) 84 dea/nh 17/ 37

H.F. _____ of all-terrain vehicle programs with political subdivisions 1 or incorporated private organizations or both in accordance 2 with rules adopted by the commission. All-terrain vehicle fees 3 may be used for the establishment, maintenance, and operation 4 of all-terrain vehicle recreational riding areas through the 5 awarding of grants administered by the department. All-terrain 6 vehicle recreational riding areas established, maintained, or 7 operated by the use of such grants shall not be operated for 8 profit. All programs using cost-sharing, grants, subgrants, or 9 contracts shall establish and implement a safety an education 10 instruction program either singly or in cooperation with other 11 all-terrain vehicle programs. All-terrain vehicle fees may 12 be used to support all-terrain vehicle programs on a usage 13 basis. At least fifty percent of the special fund shall be 14 available for political subdivisions or incorporated private 15 organizations or both. Moneys from the special fund not 16 used by the political subdivisions or incorporated private 17 organizations or both shall remain in the fund and may be used 18 by the department for the administration of the all-terrain 19 vehicle programs. Notwithstanding section 8.33 , moneys in the 20 special fund shall not revert to the general fund of the state 21 at the end of a fiscal year. Notwithstanding section 12C.7, 22 subsection 2 , interest or earnings on moneys in the special 23 fund shall remain in the fund. 24 Sec. 41. Section 321I.9, subsection 1, Code 2011, is amended 25 to read as follows: 26 1. All-terrain vehicles owned and used by the United States, 27 this state, or another state, or by a political governmental 28 subdivision of another state thereof, and used for enforcement, 29 search and rescue, or official research and studies, but not 30 for recreational or commercial purposes . 31 Sec. 42. Section 321I.11, Code Supplement 2011, is amended 32 to read as follows: 33 321I.11 Accident reports. 34 If an all-terrain vehicle is involved in an accident 35 -18- LSB 5210YC (2) 84 dea/nh 18/ 37