House
File
140
-
Introduced
HOUSE
FILE
140
BY
KERR
A
BILL
FOR
An
Act
relating
to
all-terrain
vehicles,
including
financial
1
liability
coverage
for,
registration
of,
and
parks
2
and
trails
designated
for
use
by
all-terrain
vehicles,
3
making
penalties
applicable,
and
including
effective
date
4
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
TLSB
1784YH
(6)
89
th/ns
H.F.
140
Section
1.
Section
321.1,
subsection
4,
Code
2021,
is
1
amended
to
read
as
follows:
2
4.
“All-terrain
vehicle”
means
a
motor
vehicle
designed
to
3
travel
on
three
four
or
more
wheels
and
designed
primarily
for
4
off-road
recreational
use
,
and
also
includes
off-road
utility
5
vehicles
and
off-road
motorcycles
required
to
register
under
6
chapter
321I
.
“All-terrain
vehicle”
includes
off-road
utility
7
vehicles,
but
does
not
include
farm
tractors
or
equipment,
8
construction
equipment,
forestry
vehicles,
or
lawn
and
grounds
9
maintenance
vehicles.
10
Sec.
2.
Section
321.1,
subsection
47A,
Code
2021,
is
amended
11
by
striking
the
subsection.
12
Sec.
3.
Section
321.234A,
subsections
2
and
4,
Code
2021,
13
are
amended
to
read
as
follows:
14
2.
A
person
operating
an
all-terrain
vehicle
on
a
highway
15
shall
have
a
valid
driver’s
license
and
the
vehicle
shall
be
16
operated
at
speeds
of
thirty-five
miles
per
hour
or
less.
A
17
person
shall
not
operate
an
all-terrain
vehicle
on
a
highway,
18
other
than
for
purposes
of
crossing
the
highway
pursuant
to
19
section
321I.10,
subsection
5,
unless
financial
liability
20
coverage
is
in
effect
for
the
all-terrain
vehicle
and
unless
21
the
person
has
proof
of
financial
liability
coverage
for
the
22
all-terrain
vehicle
as
provided
in
section
321.20B.
23
4.
A
person
convicted
of
a
violation
of
this
section
other
24
than
a
violation
relating
to
financial
liability
coverage
25
is
guilty
of
a
simple
misdemeanor
punishable
as
a
scheduled
26
violation
under
section
805.8A,
subsection
3
.
A
violation
of
27
this
section
relating
to
financial
liability
coverage
shall
be
28
considered
a
violation
of
section
321.20B,
and
the
violation
29
shall
be
dealt
with
in
accordance
with
that
section.
30
Sec.
4.
Section
321I.1,
subsection
1,
Code
2021,
is
amended
31
to
read
as
follows:
32
1.
a.
“All-terrain
vehicle”
means
a
motorized
vehicle
33
with
not
less
than
three
four
and
not
more
than
six
nonhighway
34
tires
that
is
limited
in
engine
displacement
to
less
than
one
35
-1-
LSB
1784YH
(6)
89
th/ns
1/
8
H.F.
140
thousand
cubic
centimeters
and
in
total
dry
weight
to
less
than
1
one
thousand
two
hundred
pounds
and
that
has
a
seat
or
saddle
2
designed
to
be
straddled
by
the
operator
and
handlebars
for
3
steering
control.
4
b.
Off-road
motorcycles
shall
be
considered
all-terrain
5
vehicles
for
the
purpose
of
registration.
Off-road
motorcycles
6
shall
also
be
considered
all-terrain
vehicles
for
the
purpose
7
of
titling
if
a
title
has
not
previously
been
issued
pursuant
8
to
chapter
321
.
An
operator
of
an
off-road
motorcycle
is
9
subject
to
provisions
governing
the
operation
of
all-terrain
10
vehicles
in
this
chapter
,
but
is
exempt
from
the
education
11
instruction
and
certification
program
requirements
of
sections
12
321I.25
and
321I.26
.
13
Sec.
5.
Section
321I.1,
subsection
17,
paragraph
b,
Code
14
2021,
is
amended
by
striking
the
paragraph.
15
Sec.
6.
NEW
SECTION
.
321I.1A
Applicability
of
chapter
to
16
off-road
motorcycles
and
off-road
utility
vehicles.
17
1.
Off-road
motorcycles.
Off-road
motorcycles
shall
18
be
considered
all-terrain
vehicles
for
the
purpose
of
19
registration.
Off-road
motorcycles
shall
also
be
considered
20
all-terrain
vehicles
for
the
purpose
of
titling
if
a
title
21
has
not
previously
been
issued
pursuant
to
chapter
321.
The
22
operator
of
an
off-road
motorcycle
is
subject
to
provisions
23
governing
the
operation
of
all-terrain
vehicles
in
section
24
321.234A,
this
chapter,
and
administrative
rules,
but
is
exempt
25
from
the
education
instruction
and
certification
program
26
requirements
of
sections
321I.25
and
321I.26.
27
2.
Off-road
utility
vehicles.
The
operator
of
an
off-road
28
utility
vehicle
is
subject
to
provisions
governing
the
29
operation
of
all-terrain
vehicles
in
section
321.234A,
this
30
chapter,
and
administrative
rules,
but
is
exempt
from
the
31
education
instruction
and
certification
program
requirements
32
of
sections
321I.25
and
321I.26.
An
operator
of
an
off-road
33
utility
vehicle
shall
not
operate
the
vehicle
on
a
designated
34
riding
area
or
designated
riding
trail
unless
the
department
35
-2-
LSB
1784YH
(6)
89
th/ns
2/
8
H.F.
140
has
posted
signage
indicating
the
riding
area
or
trail
is
1
open
to
the
operation
of
off-road
utility
vehicles.
Off-road
2
utility
vehicles
are
subject
to
the
registration
and
titling
3
requirements
of
this
chapter,
including
those
related
to
4
dealers.
However,
a
motorized
vehicle
that
was
previously
5
titled
or
is
currently
titled
under
chapter
321
shall
not
be
6
registered
or
operated
as
an
off-road
utility
vehicle.
7
Sec.
7.
Section
321I.4,
Code
2021,
is
amended
to
read
as
8
follows:
9
321I.4
Registration
——
fee.
10
1.
The
owner
of
each
all-terrain
vehicle
required
to
be
11
registered
shall
register
it
annually
with
the
department
12
either
through
the
department’s
internet
site
or
through
a
13
county
recorder.
The
department
shall
develop
and
maintain
an
14
electronic
system
for
the
registration
of
all-terrain
vehicles
15
pursuant
to
this
chapter
.
The
department
shall
establish
forms
16
and
procedures
as
necessary
for
the
registration
of
all-terrain
17
vehicles
and
shall
ensure
all
registration
and
renewal
18
applications
and
payment
of
associated
fees
may
be
completed
19
and
submitted
through
the
department’s
internet
site
.
20
2.
a.
The
owner
of
the
all-terrain
vehicle
shall
file
an
21
application
for
registration
or
renewal
with
the
department
22
either
through
the
department’s
internet
site
or
through
the
23
county
recorder
of
the
county
of
residence,
or
in
the
case
24
of
a
nonresident
owner,
in
the
county
of
primary
use,
in
the
25
manner
established
by
the
commission.
The
application
shall
26
be
completed
by
the
owner
and
shall
be
accompanied
by
a
fee
27
of
fifteen
dollars
,
and
a
writing
fee
as
provided
in
section
28
321I.29
if
filed
with
a
county
recorder
.
An
all-terrain
29
vehicle
shall
not
be
registered
by
the
county
recorder
until
30
the
county
recorder
is
presented
with
the
owner
presents
proof
31
that
the
sales
or
use
tax
has
been
paid
for
the
purchase
of
32
the
all-terrain
vehicle
or
that
the
owner
is
exempt
from
33
paying
the
tax.
Such
proof
may
include
but
is
not
limited
to
34
receipts,
bills
of
sale,
or
other
satisfactory
evidence
that
35
-3-
LSB
1784YH
(6)
89
th/ns
3/
8
H.F.
140
the
sales
or
use
tax
has
been
paid
for
the
purchase
of
the
1
all-terrain
vehicle
or
that
the
owner
is
exempt
from
paying
the
2
tax
.
An
all-terrain
vehicle
that
has
an
expired
registration
3
certificate
from
another
state
may
be
registered
in
this
state
4
upon
proper
application,
payment
of
all
applicable
registration
5
and
writing
fees,
and
payment
of
a
penalty
of
five
dollars.
6
b.
If
the
owner
of
the
all-terrain
vehicle
is
unable
to
7
present
satisfactory
evidence
that
the
sales
or
use
tax
has
8
been
paid
or
the
owner
is
exempt
from
the
tax
,
the
department
9
of
natural
resources
or
the
county
recorder
,
as
applicable,
10
shall
collect
the
tax.
On
or
before
the
tenth
day
of
each
11
month,
the
department
of
natural
resources
or
the
county
12
recorder
,
as
applicable,
shall
remit
to
the
department
of
13
revenue
the
amount
of
the
taxes
collected
during
the
preceding
14
month,
together
with
an
itemized
statement
on
forms
furnished
15
by
the
department
of
revenue
showing
the
name
of
each
taxpayer,
16
the
make
and
purchase
price
of
each
all-terrain
vehicle,
17
the
amount
of
tax
paid,
and
such
other
information
as
the
18
department
of
revenue
requires.
19
3.
Upon
receipt
of
the
application
in
approved
form
20
accompanied
by
the
required
fees,
the
department
or
county
21
recorder
,
as
applicable,
shall
issue
to
the
applicant
a
22
registration
certificate
and
registration
decal.
The
23
registration
decal
shall
be
displayed
on
the
all-terrain
24
vehicle
as
provided
in
section
321I.6
.
The
registration
25
certificate
shall
be
carried
either
in
the
all-terrain
vehicle
26
or
on
the
person
of
the
operator
of
the
all-terrain
vehicle
27
when
in
use.
The
operator
of
an
all-terrain
vehicle
shall
28
exhibit
the
registration
certificate
to
a
peace
officer
upon
29
request,
to
a
person
injured
in
an
accident
involving
an
30
all-terrain
vehicle,
to
the
owner
or
operator
of
another
31
all-terrain
vehicle
or
the
owner
of
personal
or
real
property
32
when
the
all-terrain
vehicle
is
involved
in
a
collision
or
33
accident
of
any
nature
with
another
all-terrain
vehicle
or
the
34
property
of
another
person,
or
to
the
property
owner
or
tenant
35
-4-
LSB
1784YH
(6)
89
th/ns
4/
8
H.F.
140
when
the
all-terrain
vehicle
is
being
operated
on
private
1
property
without
permission
from
the
property
owner
or
tenant.
2
Sec.
8.
Section
321I.7,
subsection
1,
paragraph
b,
Code
3
2021,
is
amended
to
read
as
follows:
4
b.
After
the
first
day
of
September
an
unregistered
5
all-terrain
vehicle
may
be
registered
for
the
remainder
of
the
6
current
registration
year
and
for
the
subsequent
registration
7
year
in
one
transaction.
The
fee
shall
be
five
dollars
for
the
8
remainder
of
the
current
year,
in
addition
to
the
registration
9
fee
of
fifteen
dollars
for
the
subsequent
year
beginning
10
January
1,
and
a
writing
fee
as
provided
in
section
321I.29
if
11
filed
with
a
county
recorder
.
12
Sec.
9.
Section
321I.7,
subsections
2,
3,
and
5,
Code
2021,
13
are
amended
to
read
as
follows:
14
2.
An
expired
all-terrain
vehicle
registration
may
be
15
renewed
for
the
same
fee
as
if
the
owner
is
securing
the
16
original
registration
plus
a
penalty
of
five
dollars
,
and
a
17
writing
fee
as
provided
in
section
321I.29
if
filed
with
a
18
county
recorder
.
19
3.
Duplicate
registrations
may
be
issued
by
a
county
20
recorder
or
a
license
agent
upon
the
payment
of
a
five
dollar
21
five-dollar
fee
,
plus
a
writing
fee
as
provided
in
section
22
321I.29
if
filed
with
a
county
recorder
.
23
5.
A
county
recorder
or
a
license
agent
designated
by
the
24
director
pursuant
to
section
483A.11
may
issue
all-terrain
25
vehicle
registration
renewals
electronically
pursuant
to
rules
26
adopted
by
the
commission.
The
fee
for
a
registration
renewal
27
issued
using
an
electronic
system
is
fifteen
dollars
plus
an
28
administrative
fee
established
by
the
commission
and
a
writing
29
fee
as
provided
in
section
321I.29
.
30
Sec.
10.
NEW
SECTION
.
321I.10A
Public
access
to
all-terrain
31
vehicle
parks
and
trails
——
information.
32
1.
The
department
shall
create,
maintain,
and
publish
on
33
its
internet
site
a
database
of
parks
and
trails
where
members
34
of
the
public
are
allowed
to
operate
all-terrain
vehicles
as
35
-5-
LSB
1784YH
(6)
89
th/ns
5/
8
H.F.
140
designated
by
the
department.
1
2.
An
all-terrain
vehicle
displaying
a
valid
registration
2
decal
is
allowed
to
operate
in
department-designated
3
all-terrain
vehicle
parks
and
on
department-designated
4
all-terrain
vehicle
trails.
5
3.
An
entity
who
owns
or
controls
a
park
or
trail
where
6
members
of
the
public
are
allowed
to
operate
all-terrain
7
vehicles
but
that
is
not
designated
by
the
department
may
8
submit
information
about
the
park
or
trail,
including
but
not
9
limited
to
rules
of
operation,
allowable
operating
hours,
10
permit
requirements
and
fees,
current
conditions
of
the
11
trails,
and
any
other
information
the
department
may
require
12
by
rule,
to
the
department
and
the
department
shall
publish
13
the
information
in
the
database
required
by
subsection
1
14
in
a
manner
that
distinguishes
the
park
or
trail
from
a
15
department-designated
park
or
trail.
16
Sec.
11.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
17
2022.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
CODE
CHAPTER
321.
This
bill
redefines
all-terrain
vehicle
22
(ATV)
under
Code
chapter
321
(motor
vehicles
and
law
of
the
23
road)
to
mean
a
motor
vehicle
designed
to
travel
on
four,
24
instead
of
three,
or
more
wheels
and
designed
primarily
for
25
off-road
recreational
use,
and
to
include
off-road
utility
26
vehicles
and
off-road
motorcycles
required
to
register
under
27
Code
chapter
321I
(ATVs).
Under
Code
chapter
321,
ATVs
are
28
subject
to
certain
provisions
relating
to
the
conditions
under
29
which
an
ATV
can
be
operated
on
a
highway,
driver’s
license
and
30
speed
restrictions,
and
the
conditions
under
which
an
ATV
is
31
considered
an
implement
of
husbandry
(Code
sections
321.1(32)
32
and
321.234A).
33
The
bill
clarifies
that
a
person
is
prohibited
from
34
operating
an
ATV,
off-road
motorcycle,
or
off-road
utility
35
-6-
LSB
1784YH
(6)
89
th/ns
6/
8
H.F.
140
vehicle
on
a
highway,
other
than
for
purposes
of
crossing
the
1
highway,
unless
financial
liability
coverage
is
in
effect
2
for
the
vehicle
and
unless
the
person
has
proof
of
financial
3
liability
coverage
while
operating
the
vehicle.
Under
current
4
law,
proof
of
financial
liability
coverage
may
be
produced
5
in
paper
or
electronic
format,
including
electronic
images
6
displayed
on
a
cellular
telephone.
Financial
liability
7
coverage
generally
requires
coverage
in
the
amount
of
$20,000
8
because
of
bodily
injury
to
or
death
of
one
person
in
any
one
9
accident,
$40,000
because
of
bodily
injury
to
or
death
of
10
two
or
more
persons
in
any
one
accident,
and
$15,000
because
11
of
injury
to
or
destruction
of
property
of
others
in
any
one
12
accident.
13
A
person
convicted
of
violating
the
financial
liability
14
coverage
requirements
in
connection
with
a
motor
vehicle
15
accident
is
guilty
of
a
simple
misdemeanor
punishable
by
a
16
scheduled
fine
of
$645.
A
person
otherwise
convicted
of
17
violating
the
financial
liability
coverage
requirements
is
18
guilty
of
a
simple
misdemeanor
punishable
by
a
scheduled
fine
19
of
$325.
The
person
may
also
be
subject
to
removal
of
the
20
vehicle’s
registration
decal
and
impoundment
of
the
vehicle.
21
However,
the
citation
may
be
dismissed
if
the
person
later
22
presents
proof
that
coverage
was
in
effect.
23
Other
violations
of
Code
section
321.234A
are
punishable
by
24
a
scheduled
fine
of
$70.
25
CODE
CHAPTER
321I.
Under
Code
chapter
321I,
the
bill
26
redefines
ATV
to
mean
a
motorized
vehicle
with
not
less
than
27
four,
instead
of
three,
and
not
more
than
six
nonhighway
tires
28
that
is
limited
in
engine
displacement
and
that
has
a
seat
or
29
saddle
designed
to
be
straddled
by
the
operator
and
handlebars
30
for
steering
control.
As
a
result,
three-wheel
vehicles
are
31
no
longer
subject
to
the
registration
requirements
under
Code
32
chapter
321I
for
off-road
use
and
may
be
required
to
register
33
as
a
motorcycle
or
motorized
bicycle
for
on-road
use
under
Code
34
chapter
321.
35
-7-
LSB
1784YH
(6)
89
th/ns
7/
8
H.F.
140
The
bill
strikes
certain
substantive
provisions
from
1
definitions
and
reenacts
them
with
certain
conforming
changes
2
in
new
Code
section
321I.1A.
3
Current
law
requires
the
owner
of
an
ATV
required
to
be
4
registered
to
register
the
ATV
annually
with
the
department
of
5
natural
resources
(DNR).
The
registration
application
must
6
be
filed
with
the
DNR
through
the
county
recorder’s
office
in
7
the
applicant’s
county
of
residence,
or
for
a
nonresident
ATV
8
owner,
the
county
in
which
the
ATV
is
primarily
used.
9
The
bill
requires
the
DNR
to
allow
an
applicant
to
register,
10
renew,
and
pay
associated
fees
for
an
ATV
registration
11
through
its
internet
site.
Depending
on
how
the
registration
12
application
is
filed,
the
DNR
or
county
recorder
is
required
13
to
issue
to
the
applicant
a
registration
certificate
and
14
registration
decal.
15
The
bill
requires
the
DNR
to
create,
maintain,
and
publish
16
on
its
internet
site
a
database
of
parks
and
trails
designated
17
by
the
DNR
for
use
by
ATVs
operated
by
the
public.
The
bill
18
clarifies
that
all
ATVs
displaying
a
valid
registration
decal
19
shall
be
allowed
to
be
operated
at
DNR-designated
ATV
parks
and
20
on
DNR-designated
ATV
trails.
21
The
bill
allows
ATV
parks
and
trails
that
are
available
to
22
the
public
but
not
designated
as
such
by
the
DNR
to
submit
23
certain
information
about
the
park
or
trail,
including
but
24
not
limited
to
rules
of
operation,
allowable
operating
hours,
25
permit
requirements
and
fees,
current
conditions
of
the
trails,
26
and
any
other
information
the
DNR
may
require
by
rule,
to
the
27
DNR
and
the
DNR
shall
publish
the
information
received
in
the
28
database
in
a
manner
that
distinguishes
the
park
or
trail
from
29
a
DNR-designated
park
or
trail.
30
The
bill
takes
effect
January
1,
2022.
31
-8-
LSB
1784YH
(6)
89
th/ns
8/
8