H.F. 263 Section 1. Section 321.1, subsection 32, Code 2013, is 1 amended to read as follows: 2 32. “Implement of husbandry” means a vehicle or special 3 mobile equipment manufactured, designed, or reconstructed 4 for agricultural purposes and, except for incidental uses, 5 exclusively used in the conduct of agricultural operations. 6 “Implements of husbandry” includes all-terrain vehicles operated 7 in compliance with section 321.234A, subsection 1 , paragraph 8 “a” , but not registered for operation upon a highway pursuant 9 to section 321.118, fence-line feeders, and vehicles used 10 exclusively for the application of organic or inorganic plant 11 food materials, organic agricultural limestone, or agricultural 12 chemicals. To be considered an implement of husbandry, a 13 self-propelled implement of husbandry must be operated at 14 speeds of thirty-five miles per hour or less. 15 a. “Reconstructed” as used in this subsection means 16 materially altered from the original construction by the 17 removal, addition, or substitution of essential parts, new or 18 used. 19 b. A vehicle covered under this subsection , if it otherwise 20 qualifies, may be operated as special mobile equipment 21 and under such circumstances this subsection shall not be 22 applicable to such vehicle, and such vehicle shall not be 23 required to comply with sections 321.384 through 321.423 , when 24 such vehicle is moved during daylight hours; however, the 25 provisions of section 321.383 shall remain applicable to such 26 vehicle. 27 Sec. 2. Section 321.1, subsection 47A, Code 2013, is amended 28 by striking the subsection and inserting in lieu thereof the 29 following: 30 47A. “Off-road utility vehicle” means as defined in section 31 321I.1, subsection 17, paragraph “a” . 32 Sec. 3. Section 321.20, subsection 1, paragraph e, Code 33 2013, is amended to read as follows: 34 e. The amount of the fee for new registration to be paid 35 -1- LSB 1968YH (5) 85 dea/nh 1/ 9

H.F. 263 under section 321.105A if applicable , the amount of tax to be 1 paid under section 423.26, subsection 1 , or the amount of tax 2 to be paid under section 423.26A . 3 Sec. 4. Section 321.105A, subsection 2, paragraph c, Code 4 2013, is amended by adding the following new subparagraph: 5 NEW SUBPARAGRAPH . (31) An all-terrain vehicle, if the owner 6 paid the sales tax required under section 423.2 at the time the 7 vehicle was purchased. 8 Sec. 5. Section 321.109, subsection 1, paragraph a, Code 9 2013, is amended to read as follows: 10 a. The annual fee for all motor vehicles including vehicles 11 designated by manufacturers as station wagons, 1993 and 12 subsequent model year multipurpose vehicles, and 2010 and 13 subsequent model year motor trucks with an unladen weight of 14 ten thousand pounds or less, except motor trucks registered 15 under section 321.122 , business-trade trucks, special trucks, 16 motor homes, ambulances, hearses, all-terrain vehicles, 17 motorcycles, motorized bicycles, and 1992 and older model year 18 multipurpose vehicles, shall be equal to one percent of the 19 value as fixed by the department plus forty cents for each one 20 hundred pounds or fraction thereof of weight of vehicle, as 21 fixed by the department. The weight of a motor vehicle, fixed 22 by the department for registration purposes, shall include 23 the weight of a battery, heater, bumpers, spare tire, and 24 wheel. Provided, however, that for any new vehicle purchased 25 in this state by a nonresident for removal to the nonresident’s 26 state of residence the purchaser may make application to the 27 county treasurer in the county of purchase for a transit plate 28 for which a fee of ten dollars shall be paid. And provided, 29 however, that for any used vehicle held by a registered dealer 30 and not currently registered in this state, or for any vehicle 31 held by an individual and currently registered in this state, 32 when purchased in this state by a nonresident for removal to 33 the nonresident’s state of residence, the purchaser may make 34 application to the county treasurer in the county of purchase 35 -2- LSB 1968YH (5) 85 dea/nh 2/ 9

H.F. 263 for a transit plate for which a fee of three dollars shall 1 be paid. The county treasurer shall issue a nontransferable 2 certificate of registration for which no refund shall be 3 allowed; and the transit plates shall be void thirty days 4 after issuance. Such purchaser may apply for a certificate 5 of title by surrendering the manufacturer’s or importer’s 6 certificate or certificate of title, duly assigned as provided 7 in this chapter . In this event, the treasurer in the county 8 of purchase shall, when satisfied with the genuineness and 9 regularity of the application, and upon payment of a fee of 10 twenty dollars, issue a certificate of title in the name and 11 address of the nonresident purchaser delivering the title 12 to the owner. If there is a security interest noted on the 13 title, the county treasurer shall mail to the secured party an 14 acknowledgment of the notation of the security interest. The 15 county treasurer shall not release a security interest that 16 has been noted on a title issued to a nonresident purchaser 17 as provided in this paragraph. The application requirements 18 of section 321.20 apply to a title issued as provided in this 19 subsection , except that a natural person who applies for a 20 certificate of title shall provide either the person’s social 21 security number, passport number, or driver’s license number, 22 whether the license was issued by this state, another state, or 23 another country. The provisions of this subsection relating to 24 multipurpose vehicles are effective for all 1993 and subsequent 25 model years. The annual registration fee for multipurpose 26 vehicles that are 1992 model years and older shall be in 27 accordance with section 321.124 . 28 Sec. 6. NEW SECTION . 321.118 All-terrain vehicles. 29 An all-terrain vehicle may be titled and registered under 30 this chapter for operation on secondary roads and on city 31 streets where authorized, as provided in this chapter, for an 32 annual fee of fifty dollars. Registration under this section 33 is in addition to the requirements of chapter 321I. The 34 department shall adopt rules for the titling and registration 35 -3- LSB 1968YH (5) 85 dea/nh 3/ 9

H.F. 263 of all-terrain vehicles pursuant to this section. 1 Sec. 7. Section 321.166, subsection 1, paragraph a, Code 2 2013, is amended to read as follows: 3 a. Registration plates shall be of metal and of a size not 4 to exceed six inches by twelve inches, except that the size 5 of plates issued for use on all-terrain vehicles, motorized 6 bicycles, motorcycles, motorcycle trailers, and trailers 7 with an empty weight of two thousand pounds or less shall be 8 established by the department. 9 Sec. 8. Section 321.166, subsection 4, Code 2013, is amended 10 to read as follows: 11 4. The registration plate number, except on all-terrain 12 vehicles, motorized bicycles, motorcycles, motorcycle trailers, 13 and trailers with an empty weight of two thousand pounds 14 or less, shall be of sufficient size to be readable from a 15 distance of one hundred feet during daylight. 16 Sec. 9. Section 321.234A, Code 2013, is amended by adding 17 the following new subsection: 18 NEW SUBSECTION . 5. The provisions of this section do 19 not apply to an all-terrain vehicle operated on a highway in 20 accordance with section 321.234B. 21 Sec. 10. NEW SECTION . 321.234B Registered all-terrain 22 vehicles —— operation on highways. 23 An all-terrain vehicle which is registered under this 24 chapter may be operated on a highway subject to all of the 25 following: 26 1. Persons who may operate. A person shall not operate an 27 all-terrain vehicle on a highway unless the person is sixteen 28 years of age or older and has a valid driver’s license other 29 than a license valid only for operation of a motorized bicycle. 30 2. Operation on certain highways only. All-terrain vehicles 31 registered under section 321.118 may be operated on secondary 32 roads, but shall not be operated on primary highways or on 33 highways within the corporate limits of a city except as 34 follows: 35 -4- LSB 1968YH (5) 85 dea/nh 4/ 9

H.F. 263 a. A person shall not operate an all-terrain vehicle 1 registered under section 321.118 on a primary highway except 2 to cross a primary highway; however, the provisions of section 3 321I.10 govern the crossing of a primary highway when the 4 all-terrain vehicle is being operated on an all-terrain vehicle 5 trail. 6 b. A person shall not operate an all-terrain vehicle on 7 a highway within the corporate limits of a city except on 8 a nonprimary highway where such operation is authorized by 9 ordinance pursuant to section 321.236, subsection 14A. 10 3. Motor vehicle laws applicable. The motor vehicle 11 laws, including but not limited to the provisions of sections 12 321.20B, 321.285, 321.317, 321.385, and 321.387, apply to the 13 operation of all-terrain vehicles registered for operation on 14 highways, except for those provisions relating to required 15 equipment which by their nature can have no practical 16 application. 17 4. Penalties. A person convicted of a violation of 18 subsection 1 or 2 is guilty of a simple misdemeanor punishable 19 as a scheduled violation under section 805.8A, subsection 1. 20 Sec. 11. Section 321.236, Code 2013, is amended by adding 21 the following new subsection: 22 NEW SUBSECTION . 14A. Authorizing the operation of 23 all-terrain vehicles registered under section 321.118 on 24 highways under the jurisdiction of a city, other than municipal 25 extensions of primary highways. 26 Sec. 12. Section 321.285, Code 2013, is amended by adding 27 the following new subsection: 28 NEW SUBSECTION . 6A. Notwithstanding any other speed 29 restrictions allowing for speed in excess of forty-five miles 30 per hour, a person shall not operate an all-terrain vehicle on 31 a highway at a speed in excess of forty-five miles per hour. 32 Sec. 13. Section 321I.1, subsection 17, paragraph b, Code 33 2013, is amended to read as follows: 34 b. The operator of an off-road utility vehicle is subject 35 -5- LSB 1968YH (5) 85 dea/nh 5/ 9

H.F. 263 to provisions governing the operation of all-terrain vehicles 1 in section 321.234A , this chapter , and administrative rules, 2 but is exempt from the education instruction and certification 3 program requirements of sections 321I.25 and 321I.26 . An 4 operator of an off-road utility vehicle shall not operate the 5 vehicle on a designated riding area or designated riding trail 6 unless the department has posted signage indicating the riding 7 area or trail is open to the operation of off-road utility 8 vehicles. Off-road utility vehicles are subject to the dealer 9 registration and titling requirements of this chapter . A 10 motorized vehicle that was previously titled or is currently 11 titled under chapter 321 , except section 321.118, shall not be 12 registered or operated as an off-road utility vehicle under 13 this chapter . 14 Sec. 14. Section 321I.9, unnumbered paragraph 1, Code 2013, 15 is amended to read as follows: 16 Registration under this chapter shall not be required for 17 the following described all-terrain vehicles: 18 Sec. 15. Section 321I.10, subsections 1 through 3, Code 19 2013, are amended to read as follows: 20 1. A person shall not operate an all-terrain vehicle or 21 off-road utility vehicle upon roadways or highways except as 22 provided in section sections 321.234A and 321.234B and this 23 section . 24 2. A registered An all-terrain vehicle or off-road utility 25 vehicle registered under this chapter may be operated on 26 the roadways of that portion of county highways designated 27 by the county board of supervisors for such use during a 28 specified period. The county board of supervisors shall 29 evaluate the traffic conditions on all county highways and 30 designate roadways on which all-terrain vehicles or off-road 31 utility vehicles may be operated for the specified period 32 without unduly interfering with or constituting an undue 33 hazard to conventional motor vehicle traffic. In designating 34 such roadways, the board may authorize all-terrain vehicles 35 -6- LSB 1968YH (5) 85 dea/nh 6/ 9

H.F. 263 and off-road utility vehicles to stop at service stations or 1 convenience stores along a designated roadway. 2 3. Cities may designate streets under the jurisdiction of 3 cities within their respective corporate limits which may be 4 used for the operation of registered all-terrain vehicles or 5 registered off-road utility vehicles registered under this 6 chapter . In designating such streets, the city may authorize 7 all-terrain vehicles and off-road utility vehicles to stop 8 at service stations or convenience stores along a designated 9 street. 10 Sec. 16. Section 321I.31, subsection 1, Code 2013, is 11 amended to read as follows: 12 1. The owner of an all-terrain vehicle acquired on or 13 after January 1, 2000, other than an all-terrain vehicle used 14 exclusively as a farm implement , or a motorcycle previously 15 issued a title pursuant to chapter 321 , or an all-terrain 16 vehicle issued a certificate of title under section 321.20 and 17 registered in accordance with section 321.118, shall apply to 18 the county recorder of the county in which the owner resides 19 for a certificate of title for the all-terrain vehicle. The 20 owner of an all-terrain vehicle used exclusively as a farm 21 implement may obtain a certificate of title. A person who 22 owns an all-terrain vehicle that is not required to have a 23 certificate of title may apply for and receive a certificate 24 of title for the all-terrain vehicle and, subsequently, the 25 all-terrain vehicle shall be subject to the requirements of 26 this chapter as if the all-terrain vehicle were required to be 27 titled. All all-terrain vehicles that are titled under this 28 chapter shall be registered under this chapter . An all-terrain 29 vehicle that is titled under section 321.20 and registered 30 under section 321.118, shall also be registered under this 31 chapter. 32 Sec. 17. Section 805.8A, subsection 1, Code 2013, is amended 33 by adding the following new paragraph: 34 NEW PARAGRAPH . 0a. Section 321.234B, subsection 1 35 -7- LSB 1968YH (5) 85 dea/nh 7/ 9

H.F. 263 or 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50. 1 EXPLANATION 2 This bill provides for the registration of all-terrain 3 vehicles for operation on certain Iowa roads. 4 Code section 321.1 defines “all-terrain vehicle” as a motor 5 vehicle designed to travel on three or more wheels and designed 6 primarily for off-road recreational use. The definition 7 includes off-road utility vehicles, but excludes farm tractors 8 or equipment, construction equipment, forestry vehicles, 9 and lawn and grounds maintenance vehicles. Currently, the 10 department of natural resources regulates all-terrain vehicles 11 for purposes of off-road recreational use. All-terrain 12 vehicles are not permitted on Iowa highways, except under 13 limited circumstances. 14 Under the bill, the owner of an all-terrain vehicle may 15 register the vehicle with the department of transportation by 16 applying for a certificate of title and registration from the 17 county treasurer. The annual registration fee is $50. The 18 size of license plates to be issued for all-terrain vehicles 19 will be determined by the department of transportation. 20 Because all-terrain vehicles are currently subject to sales 21 tax, the bill provides that all-terrain vehicles are exempt 22 from the fee for new registration imposed on vehicles subject 23 to registration, so long as the owner has paid the sales tax 24 at the time of purchase. Registration with the department 25 of transportation does not exempt the owner from the current 26 requirement to register the all-terrain vehicle with the 27 department of natural resources, but if the owner obtains a 28 certificate of title from the department of transportation, the 29 owner does not have to repeat that process when registering the 30 vehicle with the department of natural resources. 31 The bill provides that an all-terrain vehicle registered 32 with the department of transportation may be operated on 33 secondary roads, but not on primary highways, except to 34 cross over a primary highway, and not on highways within the 35 -8- LSB 1968YH (5) 85 dea/nh 8/ 9

H.F. 263 corporate limits of a city except where all-terrain vehicles 1 are permitted by ordinance. Under the bill, a city may 2 authorize the operation of all-terrain vehicles registered 3 with the department of transportation on highways under the 4 city’s jurisdiction other than municipal extensions of primary 5 highways. 6 The bill states that a person who operates an all-terrain 7 vehicle on a highway must be at least 16 years of age and have 8 a valid driver’s license other than a license valid only for 9 the operation of a motorized bicycle. Iowa motor vehicle laws 10 apply to the operation of all-terrain vehicles on highways 11 except those equipment provisions which by their nature can 12 have no practical application. The bill specifies that the 13 operator of an all-terrain vehicle must carry proof of motor 14 vehicle financial liability coverage, and the all-terrain 15 vehicle must meet requirements for headlamps, rear lamps, 16 and turn signals. Current speed limits apply to all-terrain 17 vehicles operated on a highway, except that an all-terrain 18 vehicle may not be operated at a speed exceeding 45 miles per 19 hour. 20 Under current law, a person who operates an all-terrain 21 vehicle on a highway in violation of current restrictions 22 commits a simple misdemeanor punishable by a scheduled fine 23 of $50. The bill establishes the same penalty for a person 24 who operates a registered all-terrain vehicle in violation of 25 minimum age and licensing requirements or on a highway where 26 all-terrain vehicle operation is not authorized. 27 The bill makes conforming amendments to Code chapter 321I, 28 relating to the regulation of all-terrain vehicles by the 29 department of natural resources and to permissible operation on 30 city and county roads pursuant to that Code chapter. 31 -9- LSB 1968YH (5) 85 dea/nh 9/ 9