H.F. 507 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 to read as follows: 29 47A. “Off-road utility vehicle” means a motorized 30 flotation-tire vehicle with not less than four and not more 31 than eight low-pressure tires that is limited in engine 32 displacement to less than one thousand five hundred cubic 33 centimeters and in total dry weight to not more than one two 34 thousand eight hundred pounds and that has a seat that is of 35 -1- LSB 1968HV (3) 85 dea/nh 1/ 11

H.F. 507 bucket or bench design, not intended to be straddled by the 1 operator, and a steering wheel or control levers for control. 2 “Off-road utility vehicle” does not include dune buggies, golf 3 carts, go-carts, or minitrucks. 4 Sec. 3. Section 321.20, subsection 1, paragraphs d and e, 5 Code 2013, are amended to read as follows: 6 d. A statement of the applicant’s title and of all liens 7 or encumbrances upon the vehicle and the names and mailing 8 addresses of all persons having any interest in the vehicle and 9 the nature of every such interest. When the application refers 10 to a new vehicle, it shall be accompanied by a manufacturer’s 11 or importer’s certificate duly assigned as provided in section 12 321.45 , or for an all-terrain vehicle, as provided in section 13 321I.31 . 14 e. The amount of the fee for new registration to be paid 15 under section 321.105A if applicable , the amount of tax to be 16 paid under section 423.26, subsection 1 , or the amount of tax 17 to be paid under section 423.26A . 18 Sec. 4. Section 321.20, subsection 1, Code 2013, is amended 19 by adding the following new paragraph: 20 NEW PARAGRAPH . g. If the vehicle is an all-terrain vehicle, 21 the certificate of title issued for the vehicle under section 22 321I.31 may be accepted as proof of ownership for purposes of 23 this subsection. 24 Sec. 5. Section 321.30, subsection 2, Code 2013, is amended 25 by adding the following new paragraph: 26 NEW PARAGRAPH . c. Paragraph “a” does not apply to an 27 all-terrain vehicle. 28 Sec. 6. Section 321.105A, subsection 2, paragraph c, Code 29 2013, is amended by adding the following new subparagraph: 30 NEW SUBPARAGRAPH . (31) An all-terrain vehicle for which the 31 applicant has paid the sales tax in this state or has paid to 32 another state a state sales, use, or occupational tax. 33 Sec. 7. Section 321.109, subsection 1, paragraph a, Code 34 2013, is amended to read as follows: 35 -2- LSB 1968HV (3) 85 dea/nh 2/ 11

H.F. 507 a. The annual fee for all motor vehicles including vehicles 1 designated by manufacturers as station wagons, 1993 and 2 subsequent model year multipurpose vehicles, and 2010 and 3 subsequent model year motor trucks with an unladen weight of 4 ten thousand pounds or less, except motor trucks registered 5 under section 321.122 , business-trade trucks, special trucks, 6 motor homes, ambulances, hearses, all-terrain vehicles, 7 motorcycles, motorized bicycles, and 1992 and older model year 8 multipurpose vehicles, shall be equal to one percent of the 9 value as fixed by the department plus forty cents for each one 10 hundred pounds or fraction thereof of weight of vehicle, as 11 fixed by the department. The weight of a motor vehicle, fixed 12 by the department for registration purposes, shall include 13 the weight of a battery, heater, bumpers, spare tire, and 14 wheel. Provided, however, that for any new vehicle purchased 15 in this state by a nonresident for removal to the nonresident’s 16 state of residence the purchaser may make application to the 17 county treasurer in the county of purchase for a transit plate 18 for which a fee of ten dollars shall be paid. And provided, 19 however, that for any used vehicle held by a registered dealer 20 and not currently registered in this state, or for any vehicle 21 held by an individual and currently registered in this state, 22 when purchased in this state by a nonresident for removal to 23 the nonresident’s state of residence, the purchaser may make 24 application to the county treasurer in the county of purchase 25 for a transit plate for which a fee of three dollars shall 26 be paid. The county treasurer shall issue a nontransferable 27 certificate of registration for which no refund shall be 28 allowed; and the transit plates shall be void thirty days 29 after issuance. Such purchaser may apply for a certificate 30 of title by surrendering the manufacturer’s or importer’s 31 certificate or certificate of title, duly assigned as provided 32 in this chapter . In this event, the treasurer in the county 33 of purchase shall, when satisfied with the genuineness and 34 regularity of the application, and upon payment of a fee of 35 -3- LSB 1968HV (3) 85 dea/nh 3/ 11

H.F. 507 twenty dollars, issue a certificate of title in the name and 1 address of the nonresident purchaser delivering the title 2 to the owner. If there is a security interest noted on the 3 title, the county treasurer shall mail to the secured party an 4 acknowledgment of the notation of the security interest. The 5 county treasurer shall not release a security interest that 6 has been noted on a title issued to a nonresident purchaser 7 as provided in this paragraph. The application requirements 8 of section 321.20 apply to a title issued as provided in this 9 subsection , except that a natural person who applies for a 10 certificate of title shall provide either the person’s social 11 security number, passport number, or driver’s license number, 12 whether the license was issued by this state, another state, or 13 another country. The provisions of this subsection relating to 14 multipurpose vehicles are effective for all 1993 and subsequent 15 model years. The annual registration fee for multipurpose 16 vehicles that are 1992 model years and older shall be in 17 accordance with section 321.124 . 18 Sec. 8. NEW SECTION . 321.118 All-terrain vehicles. 19 An all-terrain vehicle designed to travel on four or 20 more wheels may be titled and registered under this chapter 21 for operation on secondary roads and on city streets where 22 authorized, as provided in this chapter, for an annual fee of 23 fifty dollars. Registration under this section is in addition 24 to the requirements of chapter 321I. 25 Sec. 9. Section 321.166, subsection 1, paragraph a, Code 26 2013, is amended to read as follows: 27 a. Registration plates shall be of metal and of a size not 28 to exceed six inches by twelve inches, except that the size 29 of plates issued for use on all-terrain vehicles, motorized 30 bicycles, motorcycles, motorcycle trailers, and trailers 31 with an empty weight of two thousand pounds or less shall be 32 established by the department. 33 Sec. 10. Section 321.166, subsection 4, Code 2013, is 34 amended to read as follows: 35 -4- LSB 1968HV (3) 85 dea/nh 4/ 11

H.F. 507 4. The registration plate number, except on all-terrain 1 vehicles, motorized bicycles, motorcycles, motorcycle trailers, 2 and trailers with an empty weight of two thousand pounds 3 or less, shall be of sufficient size to be readable from a 4 distance of one hundred feet during daylight. 5 Sec. 11. Section 321.234A, subsection 1, paragraph f, Code 6 2013, is amended by striking the paragraph. 7 Sec. 12. Section 321.234A, Code 2013, is amended by adding 8 the following new subsection: 9 NEW SUBSECTION . 5. The provisions of this section do 10 not apply to an all-terrain vehicle registered under section 11 321.118 and operated on a highway in accordance with section 12 321.234B. 13 Sec. 13. NEW SECTION . 321.234B Registered all-terrain 14 vehicles —— operation on highways. 15 An all-terrain vehicle which is registered pursuant to 16 section 321.118 may be operated on a highway subject to all of 17 the following: 18 1. Persons who may operate. A person shall not operate an 19 all-terrain vehicle on a highway unless the person is sixteen 20 years of age or older and has a valid driver’s license other 21 than a license valid only for operation of a motorized bicycle. 22 2. Operation on certain highways only. All-terrain vehicles 23 registered under section 321.118 may be operated on secondary 24 roads, but shall not be operated on primary highways or on 25 highways within the corporate limits of a city except as 26 follows: 27 a. A person shall not operate an all-terrain vehicle 28 registered under section 321.118 on a primary highway except 29 to cross a primary highway; however, the provisions of section 30 321I.10 govern the crossing of a primary highway when the 31 all-terrain vehicle is being operated on an all-terrain vehicle 32 trail. 33 b. A person shall not operate an all-terrain vehicle 34 registered under section 321.118 on a highway within the 35 -5- LSB 1968HV (3) 85 dea/nh 5/ 11

H.F. 507 corporate limits of a city except on a nonprimary highway where 1 such operation is authorized by ordinance pursuant to section 2 321.236, subsection 14A. 3 3. Motor vehicle laws applicable. The motor vehicle 4 laws, including but not limited to the provisions of sections 5 321.20B, 321.285, 321.317, 321.385, and 321.387, apply to the 6 operation of all-terrain vehicles registered for operation on 7 highways, except for those provisions relating to required 8 equipment which by their nature can have no practical 9 application. 10 4. Penalties. A person convicted of a violation of 11 subsection 1 or 2 is guilty of a simple misdemeanor punishable 12 as a scheduled violation under section 805.8A, subsection 6. 13 Sec. 14. Section 321.236, Code 2013, is amended by adding 14 the following new subsection: 15 NEW SUBSECTION . 14A. Authorizing the operation of 16 all-terrain vehicles registered under section 321.118 on 17 highways under the jurisdiction of a city, other than municipal 18 extensions of primary highways. 19 Sec. 15. Section 321.285, Code 2013, is amended by adding 20 the following new subsection: 21 NEW SUBSECTION . 6A. Notwithstanding any other speed 22 restrictions allowing for speed in excess of forty-five miles 23 per hour, a person shall not operate an all-terrain vehicle on 24 a highway at a speed in excess of forty-five miles per hour. 25 Sec. 16. Section 321I.1, subsection 17, paragraph b, Code 26 2013, is amended to read as follows: 27 b. The operator of an off-road utility vehicle is subject 28 to provisions governing the operation of all-terrain vehicles 29 in section 321.234A , this chapter , and administrative rules, 30 but is exempt from the education instruction and certification 31 program requirements of sections 321I.25 and 321I.26 . An 32 operator of an off-road utility vehicle shall not operate the 33 vehicle on a designated riding area or designated riding trail 34 unless the department has posted signage indicating the riding 35 -6- LSB 1968HV (3) 85 dea/nh 6/ 11

H.F. 507 area or trail is open to the operation of off-road utility 1 vehicles. Off-road utility vehicles are subject to the dealer 2 registration and titling requirements of this chapter . A 3 motorized vehicle that was previously titled or is currently 4 titled under chapter 321 , except section 321.118, shall not be 5 registered or operated as an off-road utility vehicle under 6 this chapter . 7 Sec. 17. Section 321I.9, unnumbered paragraph 1, Code 2013, 8 is amended to read as follows: 9 Registration under this chapter shall not be required for 10 the following described all-terrain vehicles: 11 Sec. 18. Section 321I.10, subsection 1, Code 2013, is 12 amended to read as follows: 13 1. A person shall not operate an all-terrain vehicle or 14 off-road utility vehicle upon roadways or highways except as 15 provided in section sections 321.234A and 321.234B and this 16 section . 17 Sec. 19. Section 321I.10, subsections 2 and 3, Code 2013, 18 are amended by striking the subsections. 19 Sec. 20. Section 321I.31, subsections 1 and 7, Code 2013, 20 are amended to read as follows: 21 1. The owner of an all-terrain vehicle acquired on or 22 after January 1, 2000, other than an all-terrain vehicle used 23 exclusively as a farm implement , or a motorcycle previously 24 issued a title pursuant to chapter 321 or an all-terrain 25 vehicle issued a certificate of title under section 321.20 and 26 registered in accordance with section 321.118 , shall apply to 27 the county recorder of the county in which the owner resides 28 for a certificate of title for the all-terrain vehicle. The 29 owner of an all-terrain vehicle used exclusively as a farm 30 implement may obtain a certificate of title. A person who 31 owns an all-terrain vehicle that is not required to have a 32 certificate of title may apply for and receive a certificate 33 of title for the all-terrain vehicle and, subsequently, the 34 all-terrain vehicle shall be subject to the requirements of 35 -7- LSB 1968HV (3) 85 dea/nh 7/ 11

H.F. 507 this chapter as if the all-terrain vehicle were required to be 1 titled. All all-terrain vehicles that are titled under this 2 chapter shall be registered under this chapter . An all-terrain 3 vehicle that is titled under section 321.20 and registered 4 under section 321.118, shall also be registered under this 5 chapter. 6 7. The county recorder shall maintain a record of any 7 certificate of title which the county recorder issues and shall 8 keep each certificate of title on record until the certificate 9 of title has been inactive for five years. When issuing a 10 title for a new all-terrain vehicle, the county recorder shall 11 obtain and keep on file a copy of the certificate of origin. 12 When issuing a title and registration for a used all-terrain 13 vehicle for which there is no title or registration, the 14 county recorder shall obtain and keep on file the affidavit 15 for the unregistered and untitled all-terrain vehicle. When 16 registering an all-terrain vehicle issued a certificate of 17 title under section 321.20 and registered in accordance with 18 section 321.118, the county recorder shall maintain a record 19 of the certificate of title issued by a county recorder under 20 section 321.20. 21 Sec. 21. Section 331.362, subsection 9, Code 2013, is 22 amended to read as follows: 23 9. A county may regulate traffic on and use of the secondary 24 roads, in accordance with sections 321.236 to 321.250 , 321.254 , 25 321.255 , 321.285, subsection 4 , sections 321.352 , 321.471 to 26 321.473 , and other applicable provisions of chapter 321 , and 27 sections 321G.9 , 321I.10 , and 327G.15 . 28 Sec. 22. Section 423.1, subsection 66, Code 2013, is amended 29 to read as follows: 30 66. “Vehicles subject to registration” means any vehicle 31 subject to registration pursuant to section 321.18 , other than 32 an all-terrain vehicle or off-road utility vehicle registered 33 pursuant to section 321.118 . 34 Sec. 23. Section 805.8A, subsection 6, Code 2013, is amended 35 -8- LSB 1968HV (3) 85 dea/nh 8/ 11

H.F. 507 by adding the following new paragraph: 1 NEW PARAGRAPH . 0a. Section 321.234B, subsection 1 2 or 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50. 3 EXPLANATION 4 This bill provides for the registration of all-terrain 5 vehicles for operation on certain Iowa roads. 6 Code section 321.1 defines “all-terrain vehicle” as a motor 7 vehicle designed to travel on three or more wheels and designed 8 primarily for off-road recreational use. The definition 9 includes off-road utility vehicles, but excludes farm tractors 10 or equipment, construction equipment, forestry vehicles, 11 and lawn and grounds maintenance vehicles. Currently, the 12 department of natural resources regulates all-terrain vehicles 13 for purposes of off-road recreational use. All-terrain 14 vehicles are not permitted on Iowa roads, except under limited 15 circumstances. 16 Under the bill, the owner of an all-terrain vehicle designed 17 to travel on four or more wheels may register the vehicle with 18 the department of transportation by applying for a certificate 19 of title and registration from the county treasurer. The 20 annual registration fee is $50. The size of license plates 21 to be issued for all-terrain vehicles will be determined 22 by the department of transportation. Because all-terrain 23 vehicles are currently subject to sales tax, the bill provides 24 that all-terrain vehicles are exempt from the fee for new 25 registration imposed on vehicles subject to registration, 26 so long as the owner has paid the Iowa sales tax or the 27 appropriate tax in another state at the time of purchase. 28 Registration with the department of transportation does not 29 exempt the owner from the current requirement to register the 30 all-terrain vehicle with the department of natural resources, 31 but if the owner obtains a certificate of title from the 32 department of transportation, the owner does not have to repeat 33 that process when registering the vehicle with the department 34 of natural resources. The owner may submit the certificate 35 -9- LSB 1968HV (3) 85 dea/nh 9/ 11

H.F. 507 of title issued for the vehicle by the department of natural 1 resources as proof of ownership when registering an all-terrain 2 vehicle with the department of transportation. Under the 3 bill, a manufacturer’s label certifying that the vehicle meets 4 federal motor vehicle safety standards is not required for 5 registration of an all-terrain vehicle. 6 The bill provides that an all-terrain vehicle registered 7 with the department of transportation may be operated on 8 secondary roads, but not on primary highways, except to 9 cross over a primary highway, and not on highways within the 10 corporate limits of a city except where all-terrain vehicles 11 are permitted by ordinance. Under the bill, a city may 12 authorize the operation of all-terrain vehicles registered 13 with the department of transportation on highways under the 14 city’s jurisdiction other than municipal extensions of primary 15 highways. The bill strikes current provisions in Code chapter 16 321I that allow cities and counties to designate roads under 17 their jurisdiction for the operation of all-terrain vehicles 18 registered with the department of natural resources. 19 The bill states that a person who operates an all-terrain 20 vehicle on a highway must be at least 16 years of age and have 21 a valid driver’s license other than a license valid only for 22 the operation of a motorized bicycle. Iowa motor vehicle laws 23 apply to the operation of all-terrain vehicles on highways 24 except those equipment provisions which by their nature can 25 have no practical application. The bill specifies that the 26 operator of an all-terrain vehicle must carry proof of motor 27 vehicle financial liability coverage, and the all-terrain 28 vehicle must meet requirements for headlamps, rear lamps, 29 and turn signals. Current speed limits apply to all-terrain 30 vehicles operated on a highway, except that an all-terrain 31 vehicle may not be operated at a speed exceeding 45 miles per 32 hour. 33 The bill amends the definition of “motor vehicles subject to 34 registration” for purposes of the exemption from the sales and 35 -10- LSB 1968HV (3) 85 dea/nh 10/ 11

H.F. 507 use tax, to exclude all-terrain vehicles and off-road utility 1 vehicles registered for operation on highways, in order to 2 continue the applicability of the sales tax to those vehicles. 3 Under current law, a person who operates an all-terrain 4 vehicle on a highway in violation of current restrictions 5 commits a simple misdemeanor punishable by a scheduled fine 6 of $50. The bill establishes the same penalty for a person 7 who operates a registered all-terrain vehicle in violation of 8 minimum age and licensing requirements or on a highway where 9 all-terrain vehicle operation is not authorized. 10 The bill makes conforming amendments to Code chapter 321I, 11 relating to the regulation of all-terrain vehicles by the 12 department of natural resources. 13 -11- LSB 1968HV (3) 85 dea/nh 11/ 11