Senate Study Bill 3050 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF NATURAL RESOURCES BILL) 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 5210DP (9) 84 dea/nh
S.F. _____ 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 5210DP (9) 84 dea/nh 1/ 37
S.F. _____ 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, and 6 f, 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 Sec. 5. Section 321G.2, subsection 1, Code 2011, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . l. Maintenance, signing, and operation of 18 designated snowmobile trails. 19 Sec. 6. Section 321G.3, Code 2011, is amended to read as 20 follows: 21 321G.3 Registration required —— penalties. 22 1. Each snowmobile used on public land or , public ice , or a 23 designated snowmobile trail of this state shall be currently 24 registered. A person shall not operate, maintain, or give 25 permission for the operation or maintenance of a snowmobile 26 on public land or , public ice , or a designated snowmobile 27 trail unless the snowmobile is registered in accordance with 28 this chapter or applicable federal laws or the snowmobile 29 displays a current annual user permit decal issued for the 30 snowmobile as provided in section 321G.4A in accordance with 31 an approved numbering system of another state and the evidence 32 of registration is in full force and effect. A snowmobile 33 registered in another state must also be issued a user permit 34 in this state in accordance with this chapter . 35 -2- LSB 5210DP (9) 84 dea/nh 2/ 37
S.F. _____ H.F. _____ 2. A registration certificate and registration decal shall 1 be assigned, without payment of fee, to snowmobiles owned 2 by the state of Iowa or its political subdivisions. The 3 registration decal shall be displayed on the snowmobile as 4 required under section 321G.5 . A registration certificate 5 shall be assigned, without payment of a registration fee, for 6 a snowmobile which is exempt from registration but is being 7 titled, upon payment of a writing fee as provided in section 8 321G.27 and an administrative fee. A registration decal shall 9 not be issued and the registration shall not expire while the 10 snowmobile is exempt. The application for registration and 11 the registration certificate shall indicate the reason for 12 exemption from the registration fee. 13 3. 2. A violation of subsection 1 or 2 is punishable as 14 a scheduled violation under section 805.8B, subsection 2 , 15 paragraph “a” . When the scheduled fine is paid, the violator 16 shall submit proof to the department that a valid registration 17 or user permit has been obtained by providing a copy of the 18 registration or user permit to the department within thirty 19 days of the date the fine is paid. A person who violates this 20 subsection is guilty of a simple misdemeanor. 21 Sec. 7. Section 321G.4, subsection 2, Code 2011, is amended 22 to read as follows: 23 2. The owner of the snowmobile shall file an application for 24 registration with the department through a the county recorder 25 of the county of residence, or in the case of a nonresident 26 owner, in the county of primary use, in the manner established 27 by the commission. The application shall be completed by the 28 owner and shall be accompanied by a fee of fifteen dollars and 29 a writing fee as provided in section 321G.27 . A snowmobile 30 shall not be registered by the county recorder until the 31 county recorder is presented with receipts, bills of sale, 32 or other satisfactory evidence that the sales or use tax has 33 been paid for the purchase of the snowmobile or that the 34 owner is exempt from paying the tax. A snowmobile that has 35 -3- LSB 5210DP (9) 84 dea/nh 3/ 37
S.F. _____ H.F. _____ an expired registration certificate from another state may be 1 registered in this state upon proper application, payment of 2 all applicable registration and writing fees, and payment of a 3 penalty of five dollars. 4 Sec. 8. Section 321G.4A, subsection 1, Code 2011, is amended 5 to read as follows: 6 1. A nonresident wishing to operate a snowmobile, other than 7 a snowmobile registered pursuant to this chapter , on public 8 land , or public ice , or a designated snowmobile trail of this 9 state shall first obtain a user permit from the department. A 10 user permit shall be issued for the use on only one snowmobile 11 specified at the time of application and is not transferable. 12 A user permit shall be valid for the calendar year or time 13 period specified in the permit. 14 Sec. 9. Section 321G.6, subsection 3, Code 2011, is amended 15 to read as follows: 16 3. Duplicate registrations may be issued upon application 17 to the by a county recorder and or a license agent upon the 18 payment of a five dollar fee plus a writing fee as provided in 19 section 321G.27 . 20 Sec. 10. Section 321G.7, subsection 1, Code 2011, is amended 21 to read as follows: 22 1. A county recorder or license agent shall remit to the 23 commission the snowmobile fees collected by the recorder 24 or license agent in the manner and time prescribed by the 25 department. 26 Sec. 11. Section 321G.8, subsection 1, Code 2011, is amended 27 to read as follows: 28 1. Snowmobiles owned and used by the United States, this 29 state, or another state, or by a political governmental 30 subdivision of another state thereof, and used for enforcement, 31 search and rescue, or official research and studies, but not 32 for recreational or commercial purposes . 33 Sec. 12. Section 321G.9, subsection 6, Code 2011, is amended 34 by striking the subsection. 35 -4- LSB 5210DP (9) 84 dea/nh 4/ 37
S.F. _____ H.F. _____ Sec. 13. Section 321G.10, Code Supplement 2011, is amended 1 to read as follows: 2 321G.10 Accident reports. 3 If a snowmobile is involved in an accident resulting in 4 injury or death to anyone or property damage amounting to one 5 thousand five hundred dollars or more, either the operator 6 or someone acting for the operator shall immediately notify 7 the county sheriff or another law enforcement agency in the 8 state. If the accident occurred on public land , or public 9 ice , or a designated snowmobile trail under the jurisdiction 10 of the commission, the operator shall file with the commission 11 a report of the accident, within seventy-two hours, containing 12 information as the commission may require. All other accidents 13 shall be reported as required under section 321.266 . 14 Sec. 14. Section 321G.12, Code 2011, is amended to read as 15 follows: 16 321G.12 Headlamp —— tail lamp Headlight —— taillight —— 17 brakes. 18 Every snowmobile shall be equipped with at least one 19 headlamp headlight and one tail lamp taillight . Every 20 snowmobile shall be equipped with brakes. 21 Sec. 15. Section 321G.13, subsection 1, paragraph f, Code 22 2011, is amended to read as follows: 23 f. On any public land, public ice, or snow designated 24 snowmobile trail , in violation of official signs of the 25 commission prohibiting such operation in the interest of 26 safety for persons, property, or the environment. Any officer 27 appointed by the commission may post an official sign in an 28 emergency for the protection of persons, property, or the 29 environment. 30 Sec. 16. Section 321G.13, subsection 1, Code 2011, is 31 amended by adding the following new paragraph: 32 NEW PARAGRAPH . i. Upon the surface of any public water in a 33 maneuver known as water skipping. This paragraph “i” does not 34 apply to operation on rivers or streams between November 1 and 35 -5- LSB 5210DP (9) 84 dea/nh 5/ 37
S.F. _____ H.F. _____ April 1. 1 Sec. 17. Section 321G.13, subsection 3, Code 2011, is 2 amended to read as follows: 3 3. A person shall not drive or operate a snowmobile 4 on public land or a designated snowmobile trail without a 5 measurable snow cover. 6 Sec. 18. Section 321G.17, Code 2011, is amended to read as 7 follows: 8 321G.17 Violation of stop signal. 9 A person , after having who has received a visual or audible 10 signal from a peace officer to come to a stop, shall not 11 operate a snowmobile in willful or wanton disregard of the 12 signal , or interfere with or endanger the officer or any other 13 person or vehicle, or increase speed , or attempt to flee or 14 elude the officer. 15 Sec. 19. Section 321G.20, Code 2011, is amended to read as 16 follows: 17 321G.20 Minors under twelve Operation by minors . 18 1. An owner or operator of a snowmobile shall not permit 19 a person under twelve years of age to operate and a person 20 less than twelve years of age shall not operate , a snowmobile 21 on a designated snowmobile trail, public land, or public ice 22 except when accompanied on the same snowmobile by a responsible 23 person of at least eighteen years of age who is experienced 24 in snowmobile operation and who possesses a valid driver’s 25 license, as defined in section 321.1 , or a safety an education 26 certificate issued under this chapter . 27 2. While operating a snowmobile on a designated snowmobile 28 trail, public land, or public ice, a person twelve through 29 fifteen years of age and possessing a valid education 30 certificate must be under the direct supervision of a parent, 31 guardian, or another adult authorized by the parent or 32 guardian, who is experienced in snowmobile operation and 33 possesses a valid driver’s license, as defined in section 34 321.1, or an education certificate issued under this chapter. 35 -6- LSB 5210DP (9) 84 dea/nh 6/ 37
S.F. _____ H.F. _____ 3. A person under eighteen years of age but over the age of 1 fifteen shall not operate a snowmobile on or across a public 2 highway unless the person has in the person’s possession an 3 education certificate issued to the person pursuant to this 4 chapter. 5 Sec. 20. Section 321G.21, subsections 1 through 5, Code 6 2011, are amended to read as follows: 7 1. A manufacturer, distributor, or dealer owning a 8 snowmobile required to be registered under this chapter 9 may operate the snowmobile for purposes of transporting, 10 testing, demonstrating, or selling it without the snowmobile 11 being registered, except that a special identification 12 number registration decal issued to the owner as provided 13 in this chapter shall be displayed on the snowmobile in the 14 manner prescribed by rules of the commission . The special 15 identification number registration decal shall not be used 16 on a snowmobile offered for hire or for any work or service 17 performed by a manufacturer, distributor, or dealer. 18 2. Every manufacturer, distributor, or dealer shall 19 register with the department by making application to the 20 commission, upon forms prescribed by the commission, for 21 a special registration certificate containing a general 22 identification number and for one or more duplicate special 23 registration certificates and decal . The applicant shall pay 24 a registration fee of fifteen forty-five dollars and submit 25 reasonable proof of the applicant’s status as a bona fide 26 manufacturer, distributor, or dealer as may be required by the 27 commission. 28 3. The commission, upon granting an application, shall 29 issue to the applicant a special registration certificate 30 containing and decal. The special registration certificate 31 shall contain the applicant’s name , and address, the and 32 general identification number ; assigned to the applicant, the 33 word “manufacturer”, “dealer”, or “distributor” , ; and other 34 information the commission prescribes. The manufacturer, 35 -7- LSB 5210DP (9) 84 dea/nh 7/ 37
S.F. _____ H.F. _____ distributor, or dealer shall have the assigned number printed 1 upon or attached to a removable sign or signs which may be 2 temporarily but firmly mounted or attached to the snowmobile 3 being used. The display shall meet the requirements of this 4 chapter and the rules of the commission. 5 4. The commission shall also issue duplicate special 6 registration certificates and decals which shall have displayed 7 thereon the general identification number assigned to the 8 applicant. Each duplicate registration certificate so issued 9 shall contain a number or symbol identifying it from every 10 other duplicate special registration certificate bearing the 11 same general identification number. A county recorder may 12 issue duplicate special registration certificates and decals 13 electronically pursuant to rules adopted by the commission. 14 The fee for each additional duplicate special registration 15 certificate and decal shall be two five dollars , plus a writing 16 fee . 17 5. Each special registration certificate issued hereunder 18 under this section shall be for a period of three years and 19 shall expire on December 31 of each the renewal year , and 20 a . A new special registration certificate for the ensuing 21 twelve months three-year renewal period may be obtained upon 22 application to the commission and payment of the fee provided 23 by law. A county recorder may issue special registration 24 certificate renewals electronically pursuant to rules adopted 25 by the commission. 26 Sec. 21. Section 321G.23, Code 2011, is amended to read as 27 follows: 28 321G.23 Course of instruction. 29 1. The commission shall provide, by rules adopted pursuant 30 to section 321G.2 , for the establishment of certified courses 31 of instruction to be conducted throughout the state for the 32 safe use and operation of snowmobiles. The curriculum shall 33 include instruction in the lawful and safe use, operation, and 34 equipping of snowmobiles consistent with this chapter and rules 35 -8- LSB 5210DP (9) 84 dea/nh 8/ 37
S.F. _____ H.F. _____ adopted by the commission and the director of transportation 1 and other matters the commission deems pertinent for a 2 qualified snowmobile operator. The commission may establish 3 a fee for the course which shall not exceed the actual cost of 4 instruction minus moneys received by the department from safety 5 education certificate fees under section 321G.24 . 6 2. The commission may certify any experienced, qualified 7 operator to be an instructor of a class established under 8 subsection 1 . Each instructor shall be at least eighteen years 9 of age. 10 3. Upon completion of the course of instruction, the 11 commission shall provide for the administration of a written 12 test to any student who wishes to qualify for a safety an 13 education certificate. 14 4. The commission shall provide safety education material 15 relating to the operation of snowmobiles for the use of 16 nonpublic or public elementary and secondary schools in this 17 state. 18 5. The department may develop requirements and standards 19 for online education offerings. Only vendors who have entered 20 into a memorandum of understanding with the department 21 shall be permitted to offer an online course that results 22 in the issuance of an education certificate approved by the 23 commission. Vendors may charge for their courses and collect 24 the education certificate fee required under section 321G.24, 25 subsection 2, on behalf of the department as agreed to in the 26 memorandum of understanding. 27 Sec. 22. Section 321G.24, Code 2011, is amended to read as 28 follows: 29 321G.24 Safety Education certificate —— fee. 30 1. A person under eighteen years of age shall not 31 operate a snowmobile on public land , or public ice , a 32 designated snowmobile trail, or land purchased with snowmobile 33 registration funds in this state without obtaining a valid 34 safety education certificate issued approved by the department 35 -9- LSB 5210DP (9) 84 dea/nh 9/ 37
S.F. _____ H.F. _____ and having the certificate in the person’s possession, 1 unless the person is accompanied on the same snowmobile by 2 a responsible person of at least eighteen years of age who 3 is experienced in snowmobile operation and possesses a valid 4 driver’s license, as defined in section 321.1 , or a safety an 5 education certificate issued under this chapter . 6 2. Upon application successful completion of the course 7 and payment of a fee of five dollars, a qualified applicant 8 shall be issued a safety an education certificate which is 9 valid until the certificate is suspended or revoked by the 10 director for a violation of a provision of this chapter or a 11 rule adopted pursuant to this chapter . The application shall 12 be made on forms issued by the commission and shall contain 13 information as the commission may reasonably require. 14 3. Any person who is required to have a safety an education 15 certificate under this chapter and who has completed a course 16 of instruction established under section 321G.2, subsection 17 1 , paragraph “j” , including the successful passage of an 18 examination which includes a written test relating to such 19 course of instruction, shall be considered qualified to receive 20 a safety an education certificate. 21 4. The permit certificate fees collected under this section 22 shall be credited to the special snowmobile fund created under 23 section 321G.7 and shall be used for safety and educational 24 programs. 25 5. A valid snowmobile safety or education certificate or 26 license issued to a nonresident by a governmental authority 27 of another state shall be considered a valid certificate or 28 license in this state if the permit certification or license 29 licensing requirements of the governmental authority , excluding 30 fees, are substantially the same as the requirements of this 31 chapter as determined by the commission. 32 Sec. 23. Section 321G.25, Code 2011, is amended to read as 33 follows: 34 321G.25 Stopping and inspecting —— warnings. 35 -10- LSB 5210DP (9) 84 dea/nh 10/ 37
S.F. _____ H.F. _____ A peace officer may stop and inspect a snowmobile operated, 1 parked, or stored on public streets, highways, public lands, 2 or frozen waters public ice, or designated snowmobile trails 3 of the state to determine if the snowmobile is registered, 4 numbered, or equipped as required by this chapter and 5 commission rules. The officer shall not inspect an area that 6 is not essential to determine compliance with the requirements. 7 If the officer determines that the snowmobile is not in 8 compliance, the officer may issue a warning memorandum to the 9 operator and forward a copy to the commission. The warning 10 memorandum shall indicate the items found not in compliance and 11 shall direct the owner or operator of the snowmobile to have 12 the snowmobile in compliance and return a copy of the warning 13 memorandum with the proof of compliance to the commission 14 within fourteen days. If the proof of compliance is not 15 provided within fourteen days, the owner or operator is in 16 violation of this chapter . 17 Sec. 24. Section 321G.26, Code 2011, is amended to read as 18 follows: 19 321G.26 Termination of use. 20 A person who receives a warning memorandum for a snowmobile 21 shall stop using the snowmobile as soon as possible and shall 22 not operate it on public streets, highways, public lands, or 23 frozen waters public ice, or designated snowmobile trails of 24 the state until the snowmobile is in compliance. 25 Sec. 25. Section 321G.27, subsection 1, Code 2011, is 26 amended by adding the following new paragraph: 27 NEW PARAGRAPH . 0c. The county recorder shall collect 28 a writing fee of one dollar and twenty-five cents for each 29 duplicate special registration certificate issued by the county 30 recorder’s office. 31 Sec. 26. Section 321G.29, subsection 8, Code Supplement 32 2011, is amended to read as follows: 33 8. Once titled, a person shall not sell or transfer 34 ownership of a snowmobile without delivering to the purchaser 35 -11- LSB 5210DP (9) 84 dea/nh 11/ 37
S.F. _____ H.F. _____ or transferee a certificate of title with an assignment on it 1 showing title in the purchaser or transferee purchaser’s or 2 transferee’s name . A person shall not purchase or otherwise 3 acquire a snowmobile without obtaining a certificate of title 4 for it in that person’s name. 5 Sec. 27. Section 321G.31, subsection 1, Code 2011, is 6 amended to read as follows: 7 1. If ownership of a snowmobile is transferred by 8 operation of law, such as by inheritance, order in bankruptcy, 9 insolvency, replevin, or execution sale, the transferee, within 10 thirty days after acquiring the right to possession of the 11 snowmobile, shall mail or deliver to the county recorder of 12 the transferee’s county of residence satisfactory proof of 13 ownership as the county recorder requires, together with an 14 application for a new certificate of title, and the required 15 fee. 16 Sec. 28. Section 321G.33, subsections 1 and 3, Code 2011, 17 are amended to read as follows: 18 1. The department may assign a distinguishing number to 19 a snowmobile when the serial number on the snowmobile is 20 destroyed or obliterated and issue to the owner a special 21 plate decal bearing the distinguishing number which shall be 22 affixed to the snowmobile in a position to be determined by 23 the department. The snowmobile shall be registered and titled 24 under the distinguishing number in lieu of the former serial 25 number. Every snowmobile shall have a vehicle identification 26 number assigned and affixed as required by the department. 27 3. A person shall not destroy, remove, alter, cover, or 28 deface the manufacturer’s vehicle identification number, the 29 plate or decal bearing it, or any vehicle identification number 30 the department assigns to a snowmobile without the department’s 31 permission. 32 Sec. 29. Section 321I.1, subsection 1, paragraph b, Code 33 2011, is amended to read as follows: 34 b. Off-road motorcycles shall be considered all-terrain 35 -12- LSB 5210DP (9) 84 dea/nh 12/ 37
S.F. _____ H.F. _____ vehicles for the purpose of registration. Off-road motorcycles 1 shall also be considered all-terrain vehicles for the purpose 2 of titling if a title has not previously been issued pursuant 3 to chapter 321 . An operator of an off-road motorcycle is 4 subject to provisions governing the operation of all-terrain 5 vehicles in this chapter , but is exempt from the safety 6 education instruction and certification program requirements of 7 sections 321I.25 and 321I.26 . 8 Sec. 30. Section 321I.1, subsections 6, 7, and 16, Code 9 2011, are amended to read as follows: 10 6. “Designated riding area” means an all-terrain vehicle 11 riding area on any public land or public ice under the 12 jurisdiction of the department that has been designated by the 13 department for all-terrain vehicle use. 14 7. “Designated riding trail” means an all-terrain vehicle 15 riding trail on any public land , private land, or public 16 ice under the jurisdiction of the department that has been 17 designated by the department , a political subdivision, or a 18 controlling authority for all-terrain vehicle use. 19 16. a. “Off-road utility vehicle” means a motorized 20 flotation-tire or tracked vehicle with not less than four 21 and not more than eight low-pressure tires or tracks that is 22 limited in engine displacement to less than one thousand five 23 hundred cubic centimeters and in total dry weight to not more 24 than one thousand eight hundred pounds and that has a seat that 25 is of bucket or bench design, not intended to be straddled 26 by the operator, and a steering wheel or control levers for 27 control. 28 b. An owner of an off-road utility vehicle may register 29 or title an off-road utility vehicle in order to legally 30 operate the off-road vehicle on public ice, a designated 31 riding area, or a designated riding trail. The operator of an 32 off-road utility vehicle is subject to provisions governing 33 the operation of all-terrain vehicles in section 321.234A , and 34 this chapter , and administrative rules, but is exempt from 35 -13- LSB 5210DP (9) 84 dea/nh 13/ 37
S.F. _____ H.F. _____ the safety education instruction and certification program 1 requirements of sections 321I.25 and 321I.26 . An operator of 2 an off-road utility vehicle shall not operate the vehicle on a 3 designated riding area or designated riding trail unless the 4 department has posted signage indicating the riding area or 5 trail is open to the operation of off-road utility vehicles. 6 Off-road utility vehicles are exempt from subject to the dealer 7 registration and titling requirements of this chapter . A 8 motorized vehicle that was previously titled or is currently 9 titled under chapter 321 shall not be registered or operated 10 as an off-road utility vehicle. 11 Sec. 31. Section 321I.1, Code 2011, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 20A. “Public ice” means any frozen, 14 navigable waters within the territorial limits of this state 15 and the frozen marginal river areas adjacent to this state, 16 other than farm ponds, that are under the jurisdiction of the 17 commission. 18 Sec. 32. Section 321I.1, subsections 23, 25, and 27, Code 19 2011, are amended to read as follows: 20 23. “Resident” means a person who meets the requirements 21 for residency described in section 321.1A as defined in section 22 483A.1A . 23 25. Safety Education certificate” means an all-terrain 24 vehicle safety education certificate, approved by the 25 commission, which is issued to a qualified applicant who is 26 twelve years of age or older. 27 27. “Special event” means an organized race, exhibition, 28 or demonstration of limited duration which is conducted on 29 public land , or public ice , or a designated riding trail under 30 the jurisdiction of the commission according to a prearranged 31 schedule and in which general public interest is manifested. 32 Sec. 33. Section 321I.2, subsection 1, paragraph f, Code 33 2011, is amended to read as follows: 34 f. Issuance of safety education certificates. 35 -14- LSB 5210DP (9) 84 dea/nh 14/ 37
S.F. _____ H.F. _____ Sec. 34. Section 321I.3, Code 2011, is amended to read as 1 follows: 2 321I.3 Registration required —— penalties. 3 1. Each all-terrain vehicle used on public land , or public 4 ice , or a designated riding trail of this state shall be 5 currently registered. A person shall not operate, maintain, 6 or give permission for the operation or maintenance of an 7 all-terrain vehicle on public land , or public ice , or a 8 designated riding trail unless the all-terrain vehicle is 9 registered in accordance with this chapter or applicable 10 federal laws or the all-terrain vehicle displays a current 11 annual user permit decal issued for the all-terrain vehicle 12 as provided in section 321I.5 in accordance with an approved 13 numbering system of another state and the evidence of 14 registration is in full force and effect. An all-terrain 15 vehicle registered in another state must also be issued a user 16 permit in this state in accordance with this chapter . 17 2. A registration certificate and registration decal 18 shall be assigned, without payment of fee, to all-terrain 19 vehicles owned by the state of Iowa or its political 20 subdivisions. The registration decal shall be displayed on 21 the all-terrain vehicle as required under section 321I.6 . A 22 registration certificate shall be assigned, without payment 23 of a registration fee, for an all-terrain vehicle which is 24 exempt from registration but is being titled, upon payment 25 of a writing fee as provided in section 321I.29 and an 26 administrative fee. A registration decal shall not be issued 27 and the registration shall not expire while the all-terrain 28 vehicle is exempt. The application for registration and 29 the registration certificate shall indicate the reason for 30 exemption from the registration fee. 31 3. 2. A violation of subsection 1 or 2 is punishable as 32 a scheduled violation under section 805.8B, subsection 2A , 33 paragraph “a” . When the scheduled fine is paid, the violator 34 shall submit proof to the department that a valid registration 35 -15- LSB 5210DP (9) 84 dea/nh 15/ 37
S.F. _____ H.F. _____ or user permit has been obtained by providing a copy of the 1 registration or user permit to the department within thirty 2 days of the date the fine is paid. A person who violates this 3 subsection is guilty of a simple misdemeanor. 4 Sec. 35. Section 321I.4, subsection 2, Code 2011, is amended 5 to read as follows: 6 2. The owner of the all-terrain vehicle shall file an 7 application for registration with the department through a the 8 county recorder of the county of residence, or in the case 9 of a nonresident owner, in the county of primary use, in the 10 manner established by the commission. The application shall 11 be completed by the owner and shall be accompanied by a fee 12 of fifteen dollars and a writing fee as provided in section 13 321I.29 . An all-terrain vehicle shall not be registered by the 14 county recorder until the county recorder is presented with 15 receipts, bills of sale, or other satisfactory evidence that 16 the sales or use tax has been paid for the purchase of the 17 all-terrain vehicle or that the owner is exempt from paying the 18 tax. An all-terrain vehicle that has an expired registration 19 certificate from another state may be registered in this state 20 upon proper application, payment of all applicable registration 21 and writing fees, and payment of a penalty of five dollars. 22 Sec. 36. Section 321I.5, subsection 1, Code 2011, is amended 23 to read as follows: 24 1. A nonresident wishing to operate an all-terrain vehicle, 25 other than an all-terrain vehicle owned by a resident and 26 registered pursuant to this chapter , on public land , or public 27 ice , or a designated riding trail of this state shall first 28 obtain a user permit from the department. A user permit shall 29 be issued for the use on only one all-terrain vehicle specified 30 at the time of application and is not transferable. A user 31 permit shall be valid for the calendar year or time period 32 specified in the permit. 33 Sec. 37. Section 321I.7, subsections 3 and 4, Code 2011, are 34 amended to read as follows: 35 -16- LSB 5210DP (9) 84 dea/nh 16/ 37
S.F. _____ H.F. _____ 3. Duplicate registrations may be issued upon application 1 to the by a county recorder or a license agent and the payment 2 of a five dollar fee plus a writing fee as provided in section 3 321I.29 . 4 4. A motorcycle, as defined in section 321.1, subsection 5 40 , paragraph “a” , may be registered as an all-terrain vehicle 6 as provided in this section . A motorcycle registered as an 7 all-terrain vehicle may participate in all programs established 8 for all-terrain vehicles under this chapter except for the 9 safety education instruction and certification program. 10 Sec. 38. Section 321I.8, Code 2011, is amended to read as 11 follows: 12 321I.8 Fees remitted to commission —— appropriation. 13 1. A county recorder or license agent shall remit to the 14 commission the all-terrain vehicle fees collected by the 15 recorder or license agent in the manner and time prescribed by 16 the department. 17 2. The department shall remit the fees, including user 18 fees collected pursuant to section 321I.5 , to the treasurer 19 of state, who shall place the money in a special all-terrain 20 vehicle fund. The money is appropriated to the department for 21 the all-terrain vehicle programs of the state. The programs 22 shall include grants, subgrants, contracts, or cost-sharing 23 of all-terrain vehicle programs with political subdivisions 24 or incorporated private organizations or both in accordance 25 with rules adopted by the commission. All-terrain vehicle fees 26 may be used for the establishment, maintenance, and operation 27 of all-terrain vehicle recreational riding areas through the 28 awarding of grants administered by the department. All-terrain 29 vehicle recreational riding areas established, maintained, or 30 operated by the use of such grants shall not be operated for 31 profit. All programs using cost-sharing, grants, subgrants, or 32 contracts shall establish and implement a safety an education 33 instruction program either singly or in cooperation with other 34 all-terrain vehicle programs. All-terrain vehicle fees may 35 -17- LSB 5210DP (9) 84 dea/nh 17/ 37
S.F. _____ H.F. _____ be used to support all-terrain vehicle programs on a usage 1 basis. At least fifty percent of the special fund shall be 2 available for political subdivisions or incorporated private 3 organizations or both. Moneys from the special fund not 4 used by the political subdivisions or incorporated private 5 organizations or both shall remain in the fund and may be used 6 by the department for the administration of the all-terrain 7 vehicle programs. Notwithstanding section 8.33 , moneys in the 8 special fund shall not revert to the general fund of the state 9 at the end of a fiscal year. Notwithstanding section 12C.7, 10 subsection 2 , interest or earnings on moneys in the special 11 fund shall remain in the fund. 12 Sec. 39. Section 321I.9, subsection 1, Code 2011, is amended 13 to read as follows: 14 1. All-terrain vehicles owned and used by the United States, 15 this state, or another state, or by a political governmental 16 subdivision of another state thereof, and used for enforcement, 17 search and rescue, or official research and studies, but not 18 for recreational or commercial purposes . 19 Sec. 40. Section 321I.11, Code Supplement 2011, is amended 20 to read as follows: 21 321I.11 Accident reports. 22 If an all-terrain vehicle is involved in an accident 23 resulting in injury or death to anyone or property damage 24 amounting to one thousand five hundred dollars or more, 25 either the operator or someone acting for the operator 26 shall immediately notify the county sheriff or another law 27 enforcement agency in the state. If the accident occurred 28 on public land , or public ice , or a designated riding trail 29 under the jurisdiction of the commission, the operator shall 30 file with the commission a report of the accident, within 31 seventy-two hours, containing information as the commission may 32 require. All other accidents shall be reported as required 33 under section 321.266 . 34 Sec. 41. Section 321I.13, Code 2011, is amended to read as 35 -18- LSB 5210DP (9) 84 dea/nh 18/ 37
S.F. _____ H.F. _____ follows: 1 321I.13 Headlamp —— tail lamp Headlight —— taillight —— 2 brakes. 3 Every all-terrain vehicle operated during the hours of 4 darkness shall display a lighted headlamp headlight and tail 5 lamp taillight . Every all-terrain vehicle shall be equipped 6 with brakes. 7 Sec. 42. Section 321I.14, subsection 1, paragraph f, Code 8 2011, is amended to read as follows: 9 f. On any public land, public ice, or snow designated 10 riding trail , in violation of official signs of the commission 11 prohibiting such operation in the interest of safety for 12 persons, property, or the environment. Any officer appointed 13 by the commission may post an official sign in an emergency for 14 the protection of persons, property, or the environment. 15 Sec. 43. Section 321I.17, Code 2011, is amended to read as 16 follows: 17 321I.17 Special events. 18 The department may authorize the holding of organized 19 special events as defined in this chapter within this state. 20 The department shall adopt rules relating to the conduct of 21 special events held under department permits and designating 22 the equipment and facilities necessary for the safe operation 23 of all-terrain vehicles or , off-road motorcycles, and off-road 24 utility vehicles and for the safety of operators, participants, 25 and observers in the special events. A special event for 26 all-terrain vehicles may include motorcycles upon payment 27 of require an entrance fee set by the organizer of the 28 special event. The department may require that part of the 29 motorcycle entrance fee be credited to pay costs of all-terrain 30 vehicle programs authorized pursuant to section 321I.8 . At 31 least thirty days before the scheduled date of a special 32 event in this state, an application shall be filed with the 33 department for authorization to conduct the special event. The 34 application shall set forth the date, time, and location of the 35 -19- LSB 5210DP (9) 84 dea/nh 19/ 37
S.F. _____ H.F. _____ proposed special event and any other information the department 1 requires. The special event shall not be conducted without 2 written authorization of the department. Copies of the rules 3 shall be furnished by the department to any person making an 4 application. 5 Sec. 44. Section 321I.18, Code 2011, is amended to read as 6 follows: 7 321I.18 Violation of stop signal. 8 A person , after having who has received a visual or audible 9 signal from a peace officer to come to a stop , shall not 10 operate an all-terrain vehicle in willful or wanton disregard 11 of the signal , or interfere with or endanger the officer or any 12 other person or vehicle, or increase speed , or attempt to flee 13 or elude the officer. 14 Sec. 45. Section 321I.21, unnumbered paragraph 1, Code 15 2011, is amended to read as follows: 16 A person under twelve years of age shall not operate an 17 all-terrain vehicle, including an off-road motorcycle, on a 18 designated riding area or designated riding trail or on public 19 land or public ice unless one of the following applies: 20 Sec. 46. Section 321I.21, subsection 1, Code 2011, is 21 amended to read as follows: 22 1. The person is taking a prescribed safety education 23 training course and the operation is under the direct 24 supervision of a certified all-terrain vehicle safety education 25 instructor. 26 Sec. 47. Section 321I.22, subsections 1 through 5, Code 27 2011, are amended to read as follows: 28 1. A manufacturer, distributor, or dealer owning an 29 all-terrain vehicle required to be registered under this 30 chapter may operate the all-terrain vehicle for purposes of 31 transporting, testing, demonstrating, or selling it without the 32 all-terrain vehicle being registered, except that a special 33 identification number registration decal issued to the owner as 34 provided in this chapter shall be displayed on the all-terrain 35 -20- LSB 5210DP (9) 84 dea/nh 20/ 37
S.F. _____ H.F. _____ vehicle in the manner prescribed by rules of the commission . 1 The special identification number registration decal shall not 2 be used on an all-terrain vehicle offered for hire or for any 3 work or service performed by a manufacturer, distributor, or 4 dealer. 5 2. Every manufacturer, distributor, or dealer shall 6 register with the department by making application to the 7 commission, upon forms prescribed by the commission, for 8 a special registration certificate containing a general 9 identification number and for one or more duplicate special 10 registration certificates and decal . The applicant shall pay 11 a registration fee of fifteen forty-five dollars and submit 12 reasonable proof of the applicant’s status as a bona fide 13 manufacturer, distributor, or dealer as may be required by the 14 commission. 15 3. The commission, upon granting an application, shall 16 issue to the applicant a special registration certificate 17 containing and decal. The special registration certificate 18 shall contain the applicant’s name , and address, the and 19 general identification number ; assigned to the applicant, the 20 word “manufacturer”, “dealer”, or “distributor” , ; and other 21 information the commission prescribes. The manufacturer, 22 distributor, or dealer shall have the assigned number printed 23 upon or attached to a removable sign or signs which may be 24 temporarily but firmly mounted or attached to the all-terrain 25 vehicle being used. The display shall meet the requirements of 26 this chapter and the rules of the commission. 27 4. The commission shall also issue duplicate special 28 registration certificates and decals which shall have displayed 29 thereon the general identification number assigned to the 30 applicant. Each duplicate registration certificate so issued 31 shall contain a number or symbol identifying it from every 32 other duplicate special registration certificate bearing the 33 same general identification number. A county recorder may 34 issue duplicate special registration certificates and decals 35 -21- LSB 5210DP (9) 84 dea/nh 21/ 37
S.F. _____ H.F. _____ electronically pursuant to rules adopted by the commission. 1 The fee for each additional duplicate special registration 2 certificate and decal shall be two five dollars plus a writing 3 fee . 4 5. Each special registration certificate issued hereunder 5 under this section shall be for a period of three years and 6 shall expire on December 31 of each the renewal year , and 7 a . A new special registration certificate for the ensuing 8 twelve months three-year renewal period may be obtained upon 9 application to the commission and payment of the fee provided 10 by law. A county recorder may issue special registration 11 certificate renewals electronically pursuant to rules adopted 12 by the commission. 13 Sec. 48. Section 321I.25, Code 2011, is amended to read as 14 follows: 15 321I.25 Course of instruction. 16 1. The commission shall provide, by rules adopted pursuant 17 to section 321I.2 , for the establishment of certified courses 18 of instruction to be conducted throughout the state for the 19 safe use and operation of all-terrain vehicles. The curriculum 20 shall include instruction in the lawful and safe use, 21 operation, and equipping of all-terrain vehicles consistent 22 with this chapter and rules adopted by the commission and the 23 director of transportation and other matters the commission 24 deems pertinent for a qualified all-terrain vehicle operator . 25 The commission may establish a fee for the course which shall 26 not exceed the actual cost of instruction minus moneys received 27 by the department from safety education certificate fees under 28 section 321I.26 . 29 2. The commission may certify any experienced, qualified 30 operator to be an instructor of a class established under 31 subsection 1 . Each instructor shall be at least eighteen years 32 of age. 33 3. Upon completion of the course of instruction, the 34 commission shall provide for the administration of either a 35 -22- LSB 5210DP (9) 84 dea/nh 22/ 37
S.F. _____ H.F. _____ written test or the demonstration of adequate riding skills to 1 any student who wishes to qualify for a safety an education 2 certificate. 3 4. The commission shall provide safety education material 4 relating to the operation of all-terrain vehicles for the use 5 of nonpublic or public elementary and secondary schools in this 6 state. 7 5. The department may develop requirements and standards 8 for online education offerings. Only vendors who have entered 9 into a memorandum of understanding with the department 10 shall be permitted to offer an online course that results 11 in the issuance of an education certificate approved by the 12 commission. Vendors may charge for their courses and collect 13 the education certificate fee required under section 321I.26, 14 subsection 2, on behalf of the department as agreed to in the 15 memorandum of understanding. 16 Sec. 49. Section 321I.26, Code 2011, is amended to read as 17 follows: 18 321I.26 Safety Education certificate —— fee. 19 1. A person twelve years of age or older but less than 20 eighteen years of age shall not operate an all-terrain vehicle 21 on public land , or public ice , a designated riding trail, or 22 land purchased with all-terrain vehicle registration funds 23 in this state without obtaining a valid safety education 24 certificate issued approved by the department and having the 25 certificate in the person’s possession. 26 2. Upon application successful completion of the course 27 and payment of a fee of five dollars, a qualified applicant 28 shall be issued a safety an education certificate which is 29 valid until the certificate is suspended or revoked by the 30 director for a violation of a provision of this chapter or a 31 rule adopted pursuant to this chapter . The application shall 32 be made on forms issued by the commission and shall contain 33 information as the commission may reasonably require. 34 3. Any person who is required to have a safety an education 35 -23- LSB 5210DP (9) 84 dea/nh 23/ 37
S.F. _____ H.F. _____ certificate under this chapter and who has completed a course 1 of instruction established under section 321I.2, subsection 2 1 , paragraph “i” , including the successful passage of an 3 examination which includes either a written test relating to 4 such course of instruction or the demonstration of adequate 5 riding skills, shall be considered qualified to receive a 6 safety an education certificate. 7 4. The permit certificate fees collected under this section 8 shall be credited to the special all-terrain vehicle fund and 9 shall be used for safety and educational programs. 10 5. A valid all-terrain vehicle safety or education 11 certificate or license issued to a nonresident by a 12 governmental authority of another state shall be considered 13 a valid certificate or license in this state if the permit 14 certification or license licensing requirements of the 15 governmental authority , excluding fees, are substantially the 16 same as the requirements of this chapter as determined by the 17 commission. 18 Sec. 50. Section 321I.27, Code 2011, is amended to read as 19 follows: 20 321I.27 Stopping and inspecting —— warnings. 21 A peace officer may stop and inspect an all-terrain vehicle 22 operated, parked, or stored on public streets, highways, 23 public lands, or frozen waters public ice, or designated 24 riding trails of the state to determine if the all-terrain 25 vehicle is registered, numbered, or equipped as required by 26 this chapter and commission rules. The officer shall not 27 inspect an area that is not essential to determine compliance 28 with the requirements. If the officer determines that the 29 all-terrain vehicle is not in compliance, the officer may issue 30 a warning memorandum to the operator and forward a copy to the 31 commission. The warning memorandum shall indicate the items 32 found not in compliance and shall direct the owner or operator 33 of the all-terrain vehicle to have the all-terrain vehicle in 34 compliance and return a copy of the warning memorandum with the 35 -24- LSB 5210DP (9) 84 dea/nh 24/ 37
S.F. _____ H.F. _____ proof of compliance to the commission within fourteen days. If 1 the proof of compliance is not provided within fourteen days, 2 the owner or operator is in violation of this chapter . 3 Sec. 51. Section 321I.28, Code 2011, is amended to read as 4 follows: 5 321I.28 Termination of use. 6 A person who receives a warning memorandum for an 7 all-terrain vehicle shall stop using the all-terrain vehicle as 8 soon as possible and shall not operate it on public streets, 9 highways, public lands, or frozen waters public ice, or 10 designated riding trails of the state until the all-terrain 11 vehicle is in compliance. 12 Sec. 52. Section 321I.29, subsection 1, Code 2011, is 13 amended by adding the following new paragraph: 14 NEW PARAGRAPH . 0c. The county recorder shall collect 15 a writing fee of one dollar and twenty-five cents for each 16 duplicate special registration certificate issued by the county 17 recorder’s office. 18 Sec. 53. Section 321I.31, subsection 8, Code 2011, is 19 amended to read as follows: 20 8. Once titled, a person shall not sell or transfer 21 ownership of an all-terrain vehicle without delivering to 22 the purchaser or transferee a certificate of title with an 23 assignment on it showing title in the purchaser or transferee 24 purchaser’s or transferee’s name . A person shall not purchase 25 or otherwise acquire an all-terrain vehicle without obtaining a 26 certificate of title for it in that person’s name. 27 Sec. 54. Section 321I.33, subsection 1, Code 2011, is 28 amended to read as follows: 29 1. If ownership of an all-terrain vehicle is transferred by 30 operation of law, such as by inheritance, order in bankruptcy, 31 insolvency, replevin, or execution sale, the transferee, 32 within thirty days after acquiring the right to possession of 33 the all-terrain vehicle, shall mail or deliver to the county 34 recorder of the transferee’s county of residence satisfactory 35 -25- LSB 5210DP (9) 84 dea/nh 25/ 37
S.F. _____ H.F. _____ proof of ownership as the county recorder requires, together 1 with an application for a new certificate of title, and the 2 required fee. 3 Sec. 55. Section 321I.35, subsections 1 and 3, Code 2011, 4 are amended to read as follows: 5 1. The department may assign a distinguishing number to an 6 all-terrain vehicle when the serial number on the all-terrain 7 vehicle is destroyed or obliterated and issue to the owner a 8 special plate decal bearing the distinguishing number which 9 shall be affixed to the all-terrain vehicle in a position to be 10 determined by the department. The all-terrain vehicle shall be 11 registered and titled under the distinguishing number in lieu 12 of the former serial number. Every all-terrain vehicle shall 13 have a vehicle identification number assigned and affixed as 14 required by the department. 15 3. A person shall not destroy, remove, alter, cover, or 16 deface the manufacturer’s vehicle identification number, the 17 plate or decal bearing it, or any vehicle identification number 18 the department assigns to an all-terrain vehicle without the 19 department’s permission. 20 Sec. 56. Section 461C.2, subsection 5, Code 2011, is amended 21 to read as follows: 22 5. “Recreational purpose” means the following or any 23 combination thereof: Hunting, trapping, horseback riding, 24 fishing, swimming, boating, camping, picnicking, hiking, 25 pleasure driving, motorcycling, all-terrain vehicle riding, 26 nature study, water skiing, snowmobiling, other summer 27 and winter sports, and viewing or enjoying historical, 28 archaeological, scenic, or scientific sites while going to and 29 from or actually engaged therein. 30 Sec. 57. Section 462A.2, Code Supplement 2011, is amended by 31 adding the following new subsection: 32 NEW SUBSECTION . 43A. “Watercraft education certificate” 33 means a certificate, approved by the commission, which is 34 issued to a qualified applicant who is twelve years of age or 35 -26- LSB 5210DP (9) 84 dea/nh 26/ 37
S.F. _____ H.F. _____ older who has successfully completed a watercraft education 1 course approved by the department. 2 Sec. 58. Section 462A.12, subsection 6, Code 2011, is 3 amended to read as follows: 4 6. An owner or operator of a vessel propelled by a motor 5 of more than ten horsepower shall not permit any person under 6 twelve years of age to operate the vessel unless accompanied 7 in or on the same vessel by a responsible person of at 8 least eighteen years of age who is experienced in motorboat 9 operation. A person who is twelve years of age or older 10 but less than eighteen years of age shall not operate any 11 vessel propelled by a motor of more than ten horsepower unless 12 the person has successfully completed a department-approved 13 watercraft safety education course and obtained a watercraft 14 safety education certificate or is accompanied in or on the 15 same vessel by a responsible person of at least eighteen years 16 of age who is experienced in motorboat operation. A person 17 required to have a watercraft safety education certificate 18 shall carry and shall exhibit or make available the certificate 19 upon request of an officer of the department. A violation 20 of this subsection is a simple misdemeanor as provided in 21 section 462A.13 . However, a person charged with violating 22 this subsection shall not be convicted if the person produces 23 in court, within a reasonable time, a department-approved 24 watercraft education certificate. The cost of a department 25 watercraft education certificate, or any duplicate, shall not 26 exceed five dollars. 27 Sec. 59. NEW SECTION . 462A.12A Online watercraft education 28 courses. 29 1. The department shall develop requirements and standards 30 for online watercraft education courses. Only vendors who have 31 entered into a memorandum of understanding with the department 32 shall be approved by the department to offer an online 33 watercraft education course that upon successful completion is 34 sufficient to result in the issuance of a watercraft education 35 -27- LSB 5210DP (9) 84 dea/nh 27/ 37
S.F. _____ H.F. _____ certificate to the person who completes the course. 1 2. A vendor approved to offer an online watercraft education 2 course as provided in subsection 1 may charge a fee for the 3 course as agreed to in the memorandum of understanding with 4 the department and may also collect the watercraft education 5 certificate fee on behalf of the department as agreed to in the 6 memorandum of understanding. 7 Sec. 60. Section 462A.36, Code 2011, is amended to read as 8 follows: 9 462A.36 Fee for special certificate —— minimum requirements 10 for issuance . 11 1. Any manufacturer or dealer may, upon payment of a fee of 12 fifteen forty-five dollars, make application to the commission, 13 upon such forms as the commission prescribes, for a special 14 certificate containing a general distinguishing number and for 15 one or more duplicate special certificates. The applicant 16 shall submit such reasonable proof of the applicant’s status 17 as a bona fide manufacturer or dealer as the commission may 18 require. 19 2. The commission may adopt rules consistent with this 20 chapter establishing minimum requirements for a dealer or 21 manufacturer to be issued a special certificate. In adopting 22 such rules the department shall consider the need to protect 23 persons, property, and the environment, and to promote uniform 24 practices relating to the sale and use of vessels. The 25 commission may also adopt rules providing for the suspension or 26 revocation of a dealer’s or manufacturer’s special certificate 27 issued pursuant to this section. 28 Sec. 61. Section 462A.38, Code 2011, is amended to read as 29 follows: 30 462A.38 Duplicates Duplicate special certificates . 31 The commission shall also issue duplicate special 32 certificates as applied for which shall have displayed 33 thereon the general distinguishing number assigned to the 34 applicant. Each duplicate special certificate so issued shall 35 -28- LSB 5210DP (9) 84 dea/nh 28/ 37
S.F. _____ H.F. _____ contain a number or symbol identifying the same from every 1 other duplicate special certificate bearing the same general 2 distinguishing number. The fee for each additional duplicate 3 special certificate shall be two five dollars plus a writing 4 fee . 5 Sec. 62. Section 462A.39, Code 2011, is amended to read as 6 follows: 7 462A.39 Expiration date. 8 Each special certificate issued hereunder under this 9 chapter shall be for a period of three years and shall expire 10 at midnight on April 30 of the last calendar year of the 11 registration period, and a new special certificate may be 12 renewed for the ensuing registration another three-year period 13 may be obtained upon application to the commission and payment 14 of the fee provided by law. 15 Sec. 63. Section 462A.46, Code 2011, is amended to read as 16 follows: 17 462A.46 Purchase of registered vessel by dealer. 18 Whenever a dealer purchases or otherwise acquires a 19 vessel registered in this state, the dealer shall issue a 20 signed receipt to the previous owner, indicating the date of 21 purchase or acquisition, the name and address of such previous 22 owner, and the registration number of the vessel purchased 23 or acquired. The original receipt shall be delivered to the 24 previous owner and one copy shall be mailed or delivered by 25 the dealer to the county recorder of the county in which the 26 vessel is registered, and one copy shall be delivered to the 27 commission within forty-eight hours. 28 Sec. 64. Section 462A.53, Code 2011, is amended to read as 29 follows: 30 462A.53 Amount of writing fees. 31 A writing fee of one dollar and twenty-five cents for 32 each transaction privilege shall be collected by the county 33 recorder. If two or more functions are transacted for the same 34 vessel at one time, the writing fee is limited to one dollar 35 -29- LSB 5210DP (9) 84 dea/nh 29/ 37
S.F. _____ H.F. _____ and twenty-five cents. 1 Sec. 65. Section 805.8B, subsection 2, paragraph a, Code 2 2011, is amended to read as follows: 3 a. For registration or user permit violations under section 4 321G.3 , subsections subsection 1 and 2 , the scheduled fine is 5 fifty dollars. 6 Sec. 66. Section 805.8B, subsection 2, paragraph b, 7 subparagraph (3), Code 2011, is amended to read as follows: 8 (3) For operating violations under section 321G.13, 9 subsection 1 , paragraphs “a” , “b” , “e” , “f” , “g” , and “h” , and 10 “i”, and subsections 2 and 3 , the scheduled fine is one hundred 11 dollars. 12 Sec. 67. Section 805.8B, subsection 2, paragraph g, Code 13 2011, is amended to read as follows: 14 g. For violations of section 321G.20 and for safety 15 education certificate violations under section 321G.24, 16 subsection 1 , the scheduled fine is fifty dollars. 17 Sec. 68. Section 805.8B, subsection 2A, paragraphs a and g, 18 Code 2011, 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 safety 23 education certificate violations under section 321I.26, 24 subsection 1 , the scheduled fine is fifty dollars. 25 Sec. 69. REPEAL. Sections 462A.40 and 462A.42, Code 2011, 26 are repealed. 27 EXPLANATION 28 This bill relates to matters concerning the regulation 29 of snowmobiles, all-terrain vehicles, and watercraft by 30 the department of natural resources, and makes penalties 31 applicable. 32 SNOWMOBILE REGULATION. The bill makes numerous revisions 33 to Code chapter 321G, which provides for the regulation of 34 snowmobiles by the department. 35 -30- LSB 5210DP (9) 84 dea/nh 30/ 37
S.F. _____ H.F. _____ The bill defines “resident” and “nonresident”, for purposes 1 of snowmobile regulation, to mean the same as defined for 2 purposes of hunting and fishing licenses. 3 The bill defines “public water” as any navigable waters 4 within the state and the marginal river areas adjacent to the 5 state, other than farm ponds, under the jurisdiction of the 6 natural resource commission. A similar definition is provided 7 for “public ice”, and various sections of Code chapter 321G are 8 amended to specify the defined term. 9 The bill specifies that the natural resource commission may 10 adopt rules for the use of snowmobiles on designated snowmobile 11 trails and for maintenance, signing, and operation of the 12 trails, and existing provisions are amended to indicate that 13 operation on designated trails is subject to regulation by 14 the department. The scope of grant programs and contracts 15 administered by the department is expanded to include 16 the signage of designated snowmobile trails. “Designated 17 snowmobile trail” is defined to mean a snowmobile riding 18 trail on any public land, private land, or public ice that is 19 designated by the department, a political subdivision, or a 20 controlling authority for snowmobile use. 21 The bill specifies that the original application for 22 registration of a snowmobile must be filed with the county 23 recorder of the owner’s county of residence or if the owner is 24 a nonresident, in the county of primary use. If a transfer 25 of ownership occurs by operation of law, the application must 26 be filed in the transferee’s county of residence. Duplicate 27 registrations and registration renewals may be accomplished 28 through a county recorder or a license agent. A snowmobile 29 owned by a nonresident and registered in another state must be 30 issued a user permit in this state, which is valid for use on 31 only one snowmobile. 32 The bill provides that a snowmobile owned by the United 33 States, this state, or another state, or by a governmental 34 subdivision, is exempt from registration requirements in 35 -31- LSB 5210DP (9) 84 dea/nh 31/ 37
S.F. _____ H.F. _____ this state if the snowmobile is used for enforcement, search 1 and rescue, or official research and studies, but not for 2 recreational or commercial purposes. Current provisions for 3 the issuance of registration certificates and registration 4 decals for snowmobiles owned by the state of Iowa or its 5 political subdivisions are stricken. 6 The bill makes a technical change requiring that every 7 snowmobile be equipped with a headlight and a taillight, rather 8 than a headlamp and a tail lamp. 9 The bill prohibits a person from water skipping a snowmobile 10 on public water, except on rivers and streams during the period 11 between November 1 and April 1. A violation is a simple 12 misdemeanor punishable by a scheduled fine of $100. “Water 13 skipping” is defined as the operation of a snowmobile on the 14 surface of water using the skis, track, and bottom surface of 15 the snowmobile for flotation while the snowmobile is in motion. 16 The bill makes technical changes to clarify language 17 relating to stop signal violations. 18 The bill increases the fee for a special registration 19 certificate from $15 to $45 for snowmobile manufacturers, 20 distributors, and dealers and extends the registration period 21 from one year to three years. Special registration certificate 22 renewals may be issued electronically. The bill provides 23 for the issuance of a special registration decal along with 24 the special registration certificate. The decal is to be 25 displayed on a snowmobile when it is being operated for 26 purposes of transporting, testing, demonstrating, or selling 27 the snowmobile. Duplicate special registration certificates 28 and decals may be issued electronically by a county recorder 29 and are subject to a fee of $5 plus a writing fee of $1.25. 30 Pursuant to current law, a safety certificate is required 31 for operation of a snowmobile on regulated land or ice by a 32 person under 18 years of age, and in addition, a person 12 33 to 15 years of age must be under the direct supervision of a 34 parent, guardian, or another adult authorized by the parent or 35 -32- LSB 5210DP (9) 84 dea/nh 32/ 37
S.F. _____ H.F. _____ guardian. The bill makes a terminology change by replacing the 1 existing “safety certificate” with an “education certificate” 2 throughout Code chapter 321G. In addition, the bill defines 3 “direct supervision” to mean providing supervision of another 4 person while maintaining visual and verbal contact at all 5 times. Currently, a person under 16 years of age must have 6 a safety certificate to operate a snowmobile on or across a 7 public highway. The bill extends the requirement to persons 8 under 18 years of age. 9 The bill authorizes the department to develop requirements 10 and standards for the provision of online education resulting 11 in the issuance of education certificates. A vendor must 12 enter into a memorandum of understanding with the department 13 to conduct such a course. Pursuant to the memorandum of 14 understanding, a vendor may charge a fee for the online course 15 and collect the education certificate fee on behalf of the 16 department. 17 The bill provides that when a serial number on a snowmobile 18 is destroyed or obliterated and the department assigns a 19 distinguishing number to the snowmobile, the department may 20 issue a special decal, rather than a plate, to be affixed to 21 the snowmobile and bearing the distinguishing number. 22 ALL-TERRAIN VEHICLE REGULATION. The bill makes numerous 23 revisions to Code chapter 321I, which provides for the 24 regulation of all-terrain vehicles by the department. 25 The bill amends the definition of “off-road utility 26 vehicle” to include tracked vehicles. In addition, the bill 27 provides that off-road utility vehicles are subject to dealer 28 registration and titling requirements applicable to other 29 all-terrain vehicles. Currently, registration and titling by 30 dealers is not required. The bill specifies that the operation 31 of off-road utility vehicles is subject to provisions governing 32 the operation of all-terrain vehicles both in statute and in 33 administrative rules. 34 The bill revises the definition of “designated riding trail” 35 -33- LSB 5210DP (9) 84 dea/nh 33/ 37
S.F. _____ H.F. _____ to include any public land, private land, or public ice that 1 has been designated by the department, a political subdivision, 2 or a controlling entity for all-terrain vehicle use. Various 3 Code sections are amended to include designated riding trails 4 within the scope of department regulations. 5 The bill defines “public ice” as any frozen, navigable 6 waters within the state and the marginal river areas adjacent 7 to the state, other than farm ponds, under the jurisdiction 8 of the natural resource commission. Various sections of Code 9 chapter 321I are amended to specify the defined term. 10 The bill defines “resident”, for purposes of all-terrain 11 vehicle regulation, to mean the same as defined for purposes of 12 hunting and fishing licenses. 13 The bill specifies that the original application for 14 registration of an all-terrain vehicle must be filed with the 15 county recorder of the county of residence or if the owner is 16 a nonresident, in the county of primary use. If a transfer 17 of ownership occurs by operation of law, the application must 18 be filed in the transferee’s county of residence. Duplicate 19 registrations and registration renewals may be accomplished 20 through a county recorder or a license agent. An all-terrain 21 vehicle owned by a nonresident and registered in another state 22 must be issued a user permit in this state, which is valid for 23 use on only one all-terrain vehicle. 24 The bill provides that an all-terrain vehicle owned 25 by the United States, this state, or another state, or by 26 a governmental subdivision, is exempt from registration 27 requirements in this state if the all-terrain vehicle 28 is used for enforcement, search and rescue, or official 29 research and studies, but not for recreational or commercial 30 purposes. Current provisions for the issuance of registration 31 certificates and registration decals for all-terrain vehicles 32 owned by the state of Iowa or its political subdivisions are 33 stricken. 34 The bill makes a technical change requiring that every 35 -34- LSB 5210DP (9) 84 dea/nh 34/ 37
S.F. _____ H.F. _____ all-terrain vehicle be equipped with a headlight and a 1 taillight, rather than a headlamp and a tail lamp. 2 The bill provides for the inclusion of motorcycles and 3 off-road utility vehicles in special events. Also, the 4 requirement that the department furnish a copy of the rules for 5 a special event to an applicant for the event is stricken. 6 The bill makes technical changes to clarify language 7 relating to a person who violates a stop signal from a peace 8 officer. 9 The bill increases the fee for a special registration 10 certificate from $15 to $45 for all-terrain vehicle 11 manufacturers, distributors, and dealers and extends the 12 registration period from one year to three years. Special 13 registration certificate renewals may be issued electronically. 14 The bill provides for the issuance of a special registration 15 decal along with the special registration certificate. 16 The decal is to be displayed on an all-terrain vehicle 17 when it is being operated for purposes of transporting, 18 testing, demonstrating, or selling the vehicle. Duplicate 19 special registration certificates and decals may be issued 20 electronically by a county recorder and are subject to a fee of 21 $5 plus a writing fee of $1.25. 22 Pursuant to current law, a safety certificate is required 23 for operation of an all-terrain vehicle on public land or ice 24 by a person between 12 and 18 years of age. The bill replaces 25 the “safety certificate” with an “education certificate” 26 throughout Code chapter 321I. The bill authorizes the 27 department to develop requirements and standards for the 28 provision of online education resulting in the issuance of 29 education certificates. A vendor must enter into a memorandum 30 of understanding with the department to conduct such a course. 31 Pursuant to the memorandum of understanding, a vendor may 32 charge a fee for the online course and collect the education 33 certificate fee on behalf of the department. 34 The bill provides that when a serial number on an all-terrain 35 -35- LSB 5210DP (9) 84 dea/nh 35/ 37
S.F. _____ H.F. _____ vehicle is destroyed or obliterated and the department assigns 1 a distinguishing number to the all-terrain vehicle, the 2 department may issue a special decal, rather than a plate, 3 to be affixed to the all-terrain vehicle and bearing the 4 distinguishing number. 5 Code section 461C.2(5) is amended to include all-terrain 6 vehicle riding among the public recreational purposes to be 7 encouraged on private land in the state. 8 WATERCRAFT EDUCATION COURSES AND CERTIFICATES. Code section 9 462A.2 is amended to include a definition of “watercraft 10 education certificate” that is issued to a qualified applicant 11 12 years of age or older. Code section 462A.12(6) is amended 12 to change the nomenclature for the requirements that must be 13 met by a person between 12 and 18 years of age to operate 14 certain watercraft without an adult in the watercraft. Such a 15 person is required to complete a department-approved watercraft 16 education, instead of safety, course and obtain a watercraft 17 education, instead of safety, certificate. 18 New Code section 462A.12A requires the department to 19 develop requirements and standards for vendors to offer online 20 watercraft education courses. Approved vendors may charge 21 a fee for the course and may also collect the watercraft 22 education certificate fee on behalf of the department as 23 provided in a memorandum of understanding with the department. 24 SPECIAL CERTIFICATES FOR WATERCRAFT DEALERS AND 25 MANUFACTURERS. Code section 462A.36 is amended to allow the 26 natural resource commission to adopt rules establishing minimum 27 requirements for special certificates to be issued, suspended, 28 or revoked for vessel dealers or manufacturers. In adopting 29 the rules, the commission shall consider the need to protect 30 persons, property, and the environment, and promote uniform 31 practices relating to the sale and use of vessels. The fee for 32 a special certificate is increased from $15 to $45. 33 Code section 462A.38 is amended to delete a requirement 34 that duplicate special certificates contain unique numbers 35 -36- LSB 5210DP (9) 84 dea/nh 36/ 37
S.F. _____ H.F. _____ or symbols and to increase the fee for additional duplicate 1 special certificates from $2 to $5, plus a writing fee of 2 $1.25. 3 Code section 462A.39 is amended to provide that each special 4 certificate is issued for three years, expires on April 30 of 5 the last calendar year of the registration period, and may be 6 renewed for another three-year period upon application and 7 payment of a fee. 8 Code section 462A.40, requiring manufacturers or dealers 9 to keep written records of the vessels upon which special 10 certificates are used, and Code section 462A.42, requiring 11 dealers to furnish a list to the commission each year of all 12 used vessels held by them and for which registration has not 13 been paid, are repealed. 14 Code section 462A.46 is amended to delete a requirement that 15 when a dealer purchases or acquires a registered vessel, the 16 dealer must mail or deliver a copy of the original receipt 17 issued to the county recorder of the county where the vessel 18 is registered and to the natural resource commission within 48 19 hours. 20 Code section 462A.53 is amended to delete a limitation on 21 the writing fee collected by a county treasurer for two or more 22 functions transacted for the same vessel at one time. The bill 23 provides that the county treasurer shall collect a writing fee 24 of $1.25 for each privilege relating to watercraft. 25 -37- LSB 5210DP (9) 84 dea/nh 37/ 37