House Study Bill 66 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF NATURAL RESOURCES BILL) A BILL FOR An Act relating to matters under the purview of the department 1 of natural resources, including the registration and titling 2 of snowmobiles and all-terrain vehicles, the restore the 3 outdoors program, and protected wetlands. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1301DP (2) 85 dea/nh

S.F. _____ H.F. _____ DIVISION I 1 SNOWMOBILE AND ALL-TERRAIN VEHICLE TITLING REGISTRATION 2 Section 1. Section 321G.29, subsection 3, Code 2013, is 3 amended to read as follows: 4 3. An owner of a snowmobile shall apply to the county 5 recorder for issuance of a certificate of title within thirty 6 days after acquisition. The application shall be on forms 7 the department prescribes and accompanied by the required 8 fee. The application shall be signed and sworn to before a 9 notarial officer as provided in chapter 9B or other person 10 who administers oaths, or shall include a certification 11 signed in writing containing substantially the representation 12 that statements made are true and correct to the best of the 13 applicant’s knowledge, information, and belief, under penalty 14 of perjury. The application shall contain the date of sale 15 and gross price of the snowmobile or the fair market value if 16 no sale immediately preceded the transfer and any additional 17 information the department requires. If the application is 18 made for a snowmobile last previously registered or titled in 19 another state or foreign country, the application shall contain 20 this information and any other information the department 21 requires. 22 Sec. 2. Section 321I.31, subsection 3, Code 2013, is amended 23 to read as follows: 24 3. An owner of an all-terrain vehicle shall apply to 25 the county recorder for issuance of a certificate of title 26 within thirty days after acquisition. The application shall 27 be on forms the department prescribes and accompanied by the 28 required fee. The application shall be signed and sworn to 29 before a notary public as provided in chapter 9B or other 30 person who administers oaths, or shall include a certification 31 signed in writing containing substantially the representation 32 that statements made are true and correct to the best of the 33 applicant’s knowledge, information, and belief, under penalty 34 of perjury. The application shall contain the date of sale and 35 -1- LSB 1301DP (2) 85 dea/nh 1/ 3

S.F. _____ H.F. _____ gross price of the all-terrain vehicle or the fair market value 1 if no sale immediately preceded the transfer and any additional 2 information the department requires. If the application is 3 made for an all-terrain vehicle last previously registered or 4 titled in another state or foreign country, the application 5 shall contain this information and any other information the 6 department requires. 7 DIVISION II 8 RESTORE THE OUTDOORS PROGRAM 9 Sec. 3. REPEAL. Section 461A.3A, Code 2013, is repealed. 10 DIVISION III 11 PROTECTED WETLANDS 12 Sec. 4. Section 427.1, subsection 23, unnumbered paragraph 13 1, Code 2013, is amended to read as follows: 14 Land designated as native prairie or land designated as 15 a protected wetland , as defined in section 456B.1, by the 16 department of natural resources pursuant to section 456B.12 . 17 Sec. 5. Section 456B.1, subsection 4, Code 2013, is amended 18 to read as follows: 19 4. “Protected wetlands” means type 3, type 4, and type 20 5 wetlands as described in circular 39, “Wetlands of the 21 United States”, 1971 Edition, published by the United States 22 department of the interior , or a palustrine emergent wetland 23 with a water regime of seasonally flooded, semipermanently 24 flooded, or permanently flooded as described in classification 25 of wetlands and deepwater habitats of the United States, 26 originally published in 1979 by the United States fish and 27 wildlife service . However, a protected wetland does not 28 include land where an agricultural drainage well has been 29 plugged causing a temporary wetland or land within a drainage 30 district or levee district. 31 Sec. 6. REPEAL. Sections 456B.12, 456B.13, 456B.14, and 32 654A.16, Code 2013, are repealed. 33 EXPLANATION 34 This bill concerns matters administered by the department of 35 -2- LSB 1301DP (2) 85 dea/nh 2/ 3

S.F. _____ H.F. _____ natural resources. 1 DIVISION I —— SNOWMOBILE AND ALL-TERRAIN VEHICLE TITLING 2 AND REGISTRATION. Currently, an application for a certificate 3 of title for a snowmobile or all-terrain vehicle must either 4 be signed and sworn to before a notary public or other person 5 who administers oaths, or include the applicant’s signed 6 certification that statements made in the application are 7 true and correct. The bill strikes the language relating to 8 notarization of the application, requiring only the signed 9 certification by the owner. 10 DIVISION II —— RESTORE THE OUTDOORS PROGRAM. The bill 11 repeals the restore the outdoors program whose stated 12 purpose is to provide funding for new and existing vertical 13 infrastructure projects in existing state parks and other 14 public facilities managed by the department. 15 DIVISION III —— PROTECTED WETLANDS. The bill amends 16 the definition of “protected wetlands” to include certain 17 palustrine emergent wetlands. The bill repeals Code section 18 456B.12, relating to the department’s designation of protected 19 wetlands and marshes of each county and the procedure by which 20 affected landowners may challenge a preliminary wetlands 21 designation; Code section 456B.13, requiring a person to obtain 22 a permit from the department to drain a protected wetland 23 and citing exceptions for certain activities; Code section 24 456B.14, relating to civil penalties for violation of permit 25 requirements; and Code section 654A.16, relating to mediation 26 between the department and landowners affected by a preliminary 27 wetland designation. 28 -3- LSB 1301DP (2) 85 dea/nh 3/ 3