Senate File 2370 - Reprinted SENATE FILE 2370 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SF 2296) (SUCCESSOR TO SSB 3119) (As Amended and Passed by the Senate March 11, 2010 ) A BILL FOR An Act relating to various conservation and recreation 1 activities under the purview of the department of natural 2 resources, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 2370 (5) 83 av/sc/jh

S.F. 2370 Section 1. Section 321G.1, Code 2009, 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 Sec. 2. Section 321G.1, subsection 19, Code 2009, is amended 11 to read as follows: 12 19. “Safety “Education certificate” means a snowmobile 13 safety education certificate, approved by the commission, which 14 is issued to a qualified applicant who is twelve years of age 15 or older. 16 Sec. 3. Section 321G.2, subsection 1, paragraphs c, e, and 17 f, Code Supplement 2009, are amended to read as follows: 18 c. Use of snowmobiles on designated snowmobile trails 19 and public lands under the jurisdiction of the commission. 20 e. Establishment of a program of grants, subgrants, 21 and contracts to be administered by the department for the 22 development, maintenance, signing, and operation of designated 23 snowmobile trails and the operation of grooming equipment by 24 political subdivisions and incorporated private organizations. 25 f. Issuance of safety education certificates. 26 Sec. 4. Section 321G.2, subsection 1, Code Supplement 2009, 27 is amended by adding the following new paragraph: 28 NEW PARAGRAPH . l. Maintenance, signing, and operation of 29 designated snowmobile trails. 30 Sec. 5. Section 321G.3, subsection 2, Code 2009, is amended 31 by striking the subsection. 32 Sec. 6. Section 321G.3, subsection 3, Code 2009, is amended 33 to read as follows: 34 3. 2. A violation of subsection 1 or 2 is punishable as 35 -1- SF 2370 (5) 83 av/sc/jh 1/ 27

S.F. 2370 a scheduled violation under section 805.8B, subsection 2, 1 paragraph “a” . When the scheduled fine is paid, the violator 2 shall submit proof to the department that a valid registration 3 or user permit has been obtained by providing a copy of the 4 registration or user permit to the department within thirty 5 days of the date the fine is paid. A person who violates this 6 subsection is guilty of a simple misdemeanor. 7 Sec. 7. Section 321G.4, subsection 2, Code 2009, is amended 8 to read as follows: 9 2. The owner of the snowmobile shall file an application 10 for registration with the department through a the county 11 recorder of the county of residence in the manner established 12 by the commission. The application shall be completed by the 13 owner and shall be accompanied by a fee of fifteen dollars and 14 a writing fee as provided in section 321G.27. A snowmobile 15 shall not be registered by the county recorder until the 16 county recorder is presented with receipts, bills of sale, 17 or other satisfactory evidence that the sales or use tax has 18 been paid for the purchase of the snowmobile or that the 19 owner is exempt from paying the tax. A snowmobile that has 20 an expired registration certificate from another state may be 21 registered in this state upon proper application, payment of 22 all applicable registration and writing fees, and payment of a 23 penalty of five dollars. 24 Sec. 8. Section 321G.6, subsection 3, Code 2009, is amended 25 to read as follows: 26 3. Duplicate registrations may be issued upon application 27 to the by a county recorder and or a license agent upon the 28 payment of a five dollar fee plus a writing fee as provided in 29 section 321G.27. 30 Sec. 9. Section 321G.7, subsection 1, Code 2009, is amended 31 to read as follows: 32 1. A county recorder or license agent shall remit to the 33 commission the snowmobile fees collected by the recorder 34 or license agent in the manner and time prescribed by the 35 -2- SF 2370 (5) 83 av/sc/jh 2/ 27

S.F. 2370 department. 1 Sec. 10. Section 321G.8, subsection 1, Code 2009, is amended 2 to read as follows: 3 1. Snowmobiles owned and used by the United States, 4 another this state, or a political subdivision of 5 another this state. 6 Sec. 11. Section 321G.9, subsection 6, Code 2009, is amended 7 by striking the subsection. 8 Sec. 12. Section 321G.12, Code 2009, is amended to read as 9 follows: 10 321G.12 Headlamp —— tail lamp Headlight —— taillight —— 11 brakes. 12 Every snowmobile shall be equipped with at least one 13 headlamp headlight and one tail lamp taillight . Every 14 snowmobile shall be equipped with brakes. 15 Sec. 13. Section 321G.17, Code 2009, is amended to read as 16 follows: 17 321G.17 Violation of stop signal. 18 A person , after having who has received a visual or audible 19 signal from a peace officer to come to a stop, shall not 20 operate a snowmobile in willful or wanton disregard of the 21 signal , or interfere with or endanger the officer or any other 22 person or vehicle, or increase speed , or attempt to flee or 23 elude the officer. 24 Sec. 14. Section 321G.20, Code 2009, is amended to read as 25 follows: 26 321G.20 Minors under twelve sixteen —— supervision 27 requirements . 28 1. An owner or operator of a snowmobile shall not permit 29 a person under twelve years of age to operate and a person 30 less than twelve years of age shall not operate, a snowmobile 31 on a designated snowmobile trail, public land, or public 32 ice except when accompanied on the same snowmobile by a 33 responsible person of at least eighteen years of age who is 34 experienced in snowmobile operation and who possesses a valid 35 -3- SF 2370 (5) 83 av/sc/jh 3/ 27

S.F. 2370 driver’s license, as defined in section 321.1, or a safety an 1 education certificate issued under this chapter. 2 2. While operating a snowmobile on a designated snowmobile 3 trail, public land, or public ice, a person twelve to fifteen 4 years of age and possessing a valid education certificate 5 must be under the direct supervision of a parent, guardian, 6 or another adult authorized by the parent or guardian, who is 7 experienced in snowmobile operation, and who possesses a valid 8 driver’s license, as defined in section 321.1, or an education 9 certificate issued under this chapter. 10 3. A person under sixteen years of age shall not operate a 11 snowmobile on or across a public highway unless the person has 12 in the person’s possession an education certificate issued to 13 the person pursuant to this chapter. 14 Sec. 15. Section 321G.21, subsections 1 through 5, Code 15 Supplement 2009, are amended to read as follows: 16 1. A manufacturer, distributor, or dealer owning a 17 snowmobile required to be registered under this chapter 18 may operate the snowmobile for purposes of transporting, 19 testing, demonstrating, or selling it without the snowmobile 20 being registered, except that a special identification 21 number registration decal issued to the owner as provided 22 in this chapter shall be displayed on the snowmobile in the 23 manner prescribed by rules of the commission . The special 24 identification number registration decal shall not be used 25 on a snowmobile offered for hire or for any work or service 26 performed by a manufacturer, distributor, or dealer. 27 2. Every manufacturer, distributor, or dealer shall 28 register with the department by making application to the 29 commission, upon forms prescribed by the commission, for 30 a special registration certificate containing a general 31 identification number and for one or more duplicate special 32 registration certificates and decal . The applicant shall pay 33 a registration fee of fifteen forty-five dollars and submit 34 reasonable proof of the applicant’s status as a bona fide 35 -4- SF 2370 (5) 83 av/sc/jh 4/ 27

S.F. 2370 manufacturer, distributor, or dealer as may be required by the 1 commission. 2 3. The commission, upon granting an application, 3 shall issue to the applicant a special registration 4 certificate containing and decal. The special registration 5 certificate shall contain the applicant’s name , and address, 6 the and general identification number ; assigned to 7 the applicant, the word “manufacturer”, “dealer”, or 8 “distributor” , ; and other information the commission 9 prescribes. The manufacturer, distributor, or dealer shall 10 have the assigned number printed upon or attached to a 11 removable sign or signs which may be temporarily but firmly 12 mounted or attached to the snowmobile being used. The display 13 shall meet the requirements of this chapter and the rules of 14 the commission. 15 4. The commission shall also issue duplicate special 16 registration certificates and decals which shall have displayed 17 thereon the general identification number assigned to the 18 applicant. Each duplicate registration certificate so issued 19 shall contain a number or symbol identifying it from every 20 other duplicate special registration certificate bearing 21 the same general identification number. The fee for each 22 additional duplicate special registration certificate and 23 decal shall be two five dollars. 24 5. Each special registration certificate issued 25 hereunder under this section shall be for a period of three 26 years and shall expire on December 31 of each the renewal year , 27 and a . A new special registration certificate for the ensuing 28 twelve months three-year renewal period may be obtained upon 29 application to the commission and payment of the fee provided 30 by law. 31 Sec. 16. Section 321G.23, Code 2009, is amended to read as 32 follows: 33 321G.23 Course of instruction. 34 1. The commission shall provide, by rules adopted pursuant 35 -5- SF 2370 (5) 83 av/sc/jh 5/ 27

S.F. 2370 to section 321G.2, for the establishment of certified courses 1 of instruction to be conducted throughout the state for the 2 safe use and operation of snowmobiles. The curriculum shall 3 include instruction in the lawful and safe use, operation, and 4 equipping of snowmobiles consistent with this chapter and rules 5 adopted by the commission and the director of transportation 6 and other matters the commission deems pertinent for a 7 qualified snowmobile operator. The commission may establish 8 a fee for the course which shall not exceed the actual cost 9 of instruction minus moneys received by the department from 10 safety education certificate fees under section 321G.24. 11 2. The commission may certify any experienced, qualified 12 operator to be an instructor of a class established under 13 subsection 1. Each instructor shall be at least eighteen years 14 of age. 15 3. Upon completion of the course of instruction, the 16 commission shall provide for the administration of a written 17 test to any student who wishes to qualify for a safety an 18 education certificate. 19 4. The commission shall provide safety education material 20 relating to the operation of snowmobiles for the use of 21 nonpublic or public elementary and secondary schools in this 22 state. 23 5. The department may develop requirements and standards 24 for online education offerings. Only vendors who have entered 25 into a memorandum of understanding with the department 26 shall be permitted to offer an online course that results 27 in the issuance of an education certificate approved by the 28 commission. Vendors may charge for their courses and collect 29 the education certificate fee required under section 321G.24, 30 subsection 2, on behalf of the department as agreed to in the 31 memorandum of understanding. 32 Sec. 17. Section 321G.24, Code Supplement 2009, is amended 33 to read as follows: 34 321G.24 Safety Education certificate —— fee. 35 -6- SF 2370 (5) 83 av/sc/jh 6/ 27

S.F. 2370 1. A person under eighteen years of age shall not operate a 1 snowmobile on public land or public ice or land purchased with 2 snowmobile registration funds in this state without obtaining a 3 valid safety education certificate issued by the department and 4 having the certificate in the person’s possession, unless the 5 person is accompanied on the same snowmobile by a responsible 6 person of at least eighteen years of age who is experienced in 7 snowmobile operation and possesses a valid driver’s license, as 8 defined in section 321.1, or a safety an education certificate 9 issued under this chapter. 10 2. Upon application successful completion of the course and 11 payment of a fee of five dollars, a qualified applicant 12 shall be issued a safety an education certificate which is 13 valid until the certificate is suspended or revoked by the 14 director for a violation of a provision of this chapter or a 15 rule adopted pursuant to this chapter. The application shall 16 be made on forms issued by the commission and shall contain 17 information as the commission may reasonably require. 18 3. Any person who is required to have a safety an 19 education certificate under this chapter and who has completed 20 a course of instruction established under section 321G.2, 21 subsection 1, paragraph “j” , including the successful passage 22 of an examination which includes a written test relating to 23 such course of instruction, shall be considered qualified to 24 receive a safety an education certificate. 25 4. The permit certificate fees collected under this section 26 shall be credited to the special snowmobile fund created under 27 section 321G.7 and shall be used for safety and educational 28 programs. 29 5. A valid snowmobile safety or education certificate or 30 license issued to a nonresident by a governmental authority 31 of another state shall be considered a valid certificate 32 or license in this state if the permit certification or 33 license licensing requirements of the governmental authority , 34 excluding fees, are substantially the same as the requirements 35 -7- SF 2370 (5) 83 av/sc/jh 7/ 27

S.F. 2370 of this chapter as determined by the commission. 1 Sec. 18. Section 321G.29, subsection 8, Code 2009, is 2 amended to read as follows: 3 8. Once titled, a person shall not sell or transfer 4 ownership of a snowmobile without delivering to the purchaser 5 or transferee a certificate of title with an assignment on it 6 showing title in the purchaser or transferee purchaser’s or 7 transferee’s name . A person shall not purchase or otherwise 8 acquire a snowmobile without obtaining a certificate of title 9 for it in that person’s name. 10 Sec. 19. Section 321G.31, subsection 1, Code 2009, is 11 amended to read as follows: 12 1. If ownership of a snowmobile is transferred by 13 operation of law, such as by inheritance, order in bankruptcy, 14 insolvency, replevin, or execution sale, the transferee, within 15 thirty days after acquiring the right to possession of the 16 snowmobile, shall mail or deliver to the county recorder of 17 the transferee’s county of residence satisfactory proof of 18 ownership as the county recorder requires, together with an 19 application for a new certificate of title, and the required 20 fee. 21 Sec. 20. Section 321G.33, subsections 1 and 3, Code 2009, 22 are amended to read as follows: 23 1. The department may assign a distinguishing number to 24 a snowmobile when the serial number on the snowmobile is 25 destroyed or obliterated and issue to the owner a special 26 plate decal bearing the distinguishing number which shall be 27 affixed to the snowmobile in a position to be determined by 28 the department. The snowmobile shall be registered and titled 29 under the distinguishing number in lieu of the former serial 30 number. Every snowmobile shall have a vehicle identification 31 number assigned and affixed as required by the department. 32 3. A person shall not destroy, remove, alter, cover, or 33 deface the manufacturer’s vehicle identification number, the 34 plate or decal bearing it, or any vehicle identification number 35 -8- SF 2370 (5) 83 av/sc/jh 8/ 27

S.F. 2370 the department assigns to a snowmobile without the department’s 1 permission. 2 Sec. 21. Section 321I.1, subsection 1, paragraph b, Code 3 Supplement 2009, is amended to read as follows: 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 7 purpose of titling if a title has not previously been 8 issued pursuant to chapter 321. An operator of an off-road 9 motorcycle is subject to provisions governing the operation 10 of all-terrain vehicles in this chapter, but is exempt from 11 the safety education instruction and certification program 12 requirements of sections 321I.25 and 321I.26. 13 Sec. 22. Section 321I.1, subsection 16, paragraph b, Code 14 Supplement 2009, is amended to read as follows: 15 b. An owner of an off-road utility vehicle may register 16 or title an off-road utility vehicle in order to legally 17 operate the off-road vehicle on public ice, a designated 18 riding area, or a designated riding trail. The operator of an 19 off-road utility vehicle is subject to provisions governing the 20 operation of all-terrain vehicles in section 321.234A and this 21 chapter, but is exempt from the safety education instruction 22 and certification program requirements of sections 321I.25 and 23 321I.26. An operator of an off-road utility vehicle shall not 24 operate the vehicle on a designated riding area or designated 25 riding trail unless the department has posted signage 26 indicating the riding area or trail is open to the operation 27 of off-road utility vehicles. Off-road utility vehicles are 28 exempt from the dealer registration and titling requirements 29 of this chapter. A motorized vehicle that was previously 30 titled or is currently titled under chapter 321 shall not be 31 registered or operated as an off-road utility vehicle. 32 Sec. 23. Section 321I.1, subsection 25, Code Supplement 33 2009, is amended to read as follows: 34 25. “Safety “Education certificate” means an all-terrain 35 -9- SF 2370 (5) 83 av/sc/jh 9/ 27

S.F. 2370 vehicle safety education certificate, approved by the 1 commission, which is issued to a qualified applicant who is 2 twelve years of age or older. 3 Sec. 24. Section 321I.2, subsection 1, paragraph f, Code 4 Supplement 2009, is amended to read as follows: 5 f. Issuance of safety education certificates. 6 Sec. 25. Section 321I.3, subsection 2, Code 2009, is amended 7 by striking the subsection. 8 Sec. 26. Section 321I.3, subsection 3, Code 2009, is amended 9 to read as follows: 10 3. 2. A violation of subsection 1 or 2 is punishable as 11 a scheduled violation under section 805.8B, subsection 2A, 12 paragraph “a” . When the scheduled fine is paid, the violator 13 shall submit proof to the department that a valid registration 14 or user permit has been obtained by providing a copy of the 15 registration or user permit to the department within thirty 16 days of the date the fine is paid. A person who violates this 17 subsection is guilty of a simple misdemeanor. 18 Sec. 27. Section 321I.4, subsection 2, Code 2009, is amended 19 to read as follows: 20 2. The owner of the all-terrain vehicle shall file an 21 application for registration with the department through 22 a the county recorder of the county of residence in the 23 manner established by the commission. The application shall 24 be completed by the owner and shall be accompanied by a fee 25 of fifteen dollars and a writing fee as provided in section 26 321I.29. An all-terrain vehicle shall not be registered by the 27 county recorder until the county recorder is presented with 28 receipts, bills of sale, or other satisfactory evidence that 29 the sales or use tax has been paid for the purchase of the 30 all-terrain vehicle or that the owner is exempt from paying the 31 tax. An all-terrain vehicle that has an expired registration 32 certificate from another state may be registered in this state 33 upon proper application, payment of all applicable registration 34 and writing fees, and payment of a penalty of five dollars. 35 -10- SF 2370 (5) 83 av/sc/jh 10/ 27

S.F. 2370 Sec. 28. Section 321I.7, subsections 3 and 4, Code 2009, are 1 amended to read as follows: 2 3. Duplicate registrations may be issued upon application 3 to the by a county recorder or a license agent and the payment 4 of a five dollar fee plus a writing fee as provided in section 5 321I.29. 6 4. A motorcycle, as defined in section 321.1, subsection 7 40, paragraph “a” , may be registered as an all-terrain vehicle 8 as provided in this section. A motorcycle registered as an 9 all-terrain vehicle may participate in all programs established 10 for all-terrain vehicles under this chapter except for the 11 safety education instruction and certification program. 12 Sec. 29. Section 321I.8, Code 2009, is amended to read as 13 follows: 14 321I.8 Fees remitted to commission —— appropriation. 15 1. A county recorder or license agent shall remit to the 16 commission the all-terrain vehicle fees collected by the 17 recorder or license agent in the manner and time prescribed by 18 the department. 19 2. The department shall remit the fees, including user 20 fees collected pursuant to section 321I.5, to the treasurer 21 of state, who shall place the money in a special all-terrain 22 vehicle fund. The money is appropriated to the department for 23 the all-terrain vehicle programs of the state. The programs 24 shall include grants, subgrants, contracts, or cost-sharing 25 of all-terrain vehicle programs with political subdivisions 26 or incorporated private organizations or both in accordance 27 with rules adopted by the commission. All-terrain vehicle fees 28 may be used for the establishment, maintenance, and operation 29 of all-terrain vehicle recreational riding areas through the 30 awarding of grants administered by the department. All-terrain 31 vehicle recreational riding areas established, maintained, or 32 operated by the use of such grants shall not be operated for 33 profit. All programs using cost-sharing, grants, subgrants, 34 or contracts shall establish and implement a safety an 35 -11- SF 2370 (5) 83 av/sc/jh 11/ 27

S.F. 2370 education instruction program either singly or in cooperation 1 with other all-terrain vehicle programs. All-terrain vehicle 2 fees may be used to support all-terrain vehicle programs on 3 a usage basis. At least fifty percent of the special fund 4 shall be available for political subdivisions or incorporated 5 private organizations or both. Moneys from the special fund 6 not used by the political subdivisions or incorporated private 7 organizations or both shall remain in the fund and may be used 8 by the department for the administration of the all-terrain 9 vehicle programs. Notwithstanding section 8.33, moneys in the 10 special fund shall not revert to the general fund of the state 11 at the end of a fiscal year. Notwithstanding section 12C.7, 12 subsection 2, interest or earnings on moneys in the special 13 fund shall remain in the fund. 14 Sec. 30. Section 321I.9, subsection 1, Code 2009, is amended 15 to read as follows: 16 1. All-terrain vehicles owned and used by the United 17 States, another this state, or a political subdivision of 18 another this state. 19 Sec. 31. Section 321I.13, Code 2009, is amended to read as 20 follows: 21 321I.13 Headlamp —— tail lamp Headlight —— taillight —— 22 brakes. 23 Every all-terrain vehicle operated during the hours of 24 darkness shall display a lighted headlamp headlight and tail 25 lamp taillight . Every all-terrain vehicle shall be equipped 26 with brakes. 27 Sec. 32. Section 321I.17, Code 2009, is amended to read as 28 follows: 29 321I.17 Special events. 30 The department may authorize the holding of organized 31 special events as defined in this chapter within this state. 32 The department shall adopt rules relating to the conduct of 33 special events held under department permits and designating 34 the equipment and facilities necessary for the safe operation 35 -12- SF 2370 (5) 83 av/sc/jh 12/ 27

S.F. 2370 of all-terrain vehicles or , off-road motorcycles, and off-road 1 utility vehicles and for the safety of operators, participants, 2 and observers in the special events. A special event for 3 all-terrain vehicles may include motorcycles upon payment of 4 an entrance fee set by the organizer of the special event. The 5 department may require that part of the motorcycle entrance 6 fee be credited to pay costs of all-terrain vehicle programs 7 authorized pursuant to section 321I.8 . At least thirty 8 days before the scheduled date of a special event in this 9 state, an application shall be filed with the department for 10 authorization to conduct the special event. The application 11 shall set forth the date, time, and location of the proposed 12 special event and any other information the department 13 requires. The special event shall not be conducted without 14 written authorization of the department. Copies of the rules 15 shall be furnished by the department to any person making an 16 application. 17 Sec. 33. Section 321I.18, Code 2009, is amended to read as 18 follows: 19 321I.18 Violation of stop signal. 20 A person , after having who has received a visual or audible 21 signal from a peace officer to come to a stop , shall not 22 operate an all-terrain vehicle in willful or wanton disregard 23 of the signal , or interfere with or endanger the officer or any 24 other person or vehicle, or increase speed , or attempt to flee 25 or elude the officer. 26 Sec. 34. Section 321I.21, subsection 1, Code 2009, is 27 amended to read as follows: 28 1. The person is taking a prescribed safety education 29 training course and the operation is under the direct 30 supervision of a certified all-terrain vehicle safety 31 education instructor. 32 Sec. 35. Section 321I.22, subsections 1 through 5, Code 33 Supplement 2009, are amended to read as follows: 34 1. A manufacturer, distributor, or dealer owning an 35 -13- SF 2370 (5) 83 av/sc/jh 13/ 27

S.F. 2370 all-terrain vehicle required to be registered under this 1 chapter may operate the all-terrain vehicle for purposes of 2 transporting, testing, demonstrating, or selling it without the 3 all-terrain vehicle being registered, except that a special 4 identification number registration decal issued to the owner as 5 provided in this chapter shall be displayed on the all-terrain 6 vehicle in the manner prescribed by rules of the commission . 7 The special identification number registration decal shall not 8 be used on an all-terrain vehicle offered for hire or for any 9 work or service performed by a manufacturer, distributor, or 10 dealer. 11 2. Every manufacturer, distributor, or dealer shall 12 register with the department by making application to the 13 commission, upon forms prescribed by the commission, for 14 a special registration certificate containing a general 15 identification number and for one or more duplicate special 16 registration certificates and decal . The applicant shall pay 17 a registration fee of fifteen forty-five dollars and submit 18 reasonable proof of the applicant’s status as a bona fide 19 manufacturer, distributor, or dealer as may be required by the 20 commission. 21 3. The commission, upon granting an application, 22 shall issue to the applicant a special registration 23 certificate containing and decal. The special registration 24 certificate shall contain the applicant’s name , and address, 25 the and general identification number ; assigned to 26 the applicant, the word “manufacturer”, “dealer”, or 27 “distributor” , ; and other information the commission 28 prescribes. The manufacturer, distributor, or dealer shall 29 have the assigned number printed upon or attached to a 30 removable sign or signs which may be temporarily but firmly 31 mounted or attached to the all-terrain vehicle being used. The 32 display shall meet the requirements of this chapter and the 33 rules of the commission. 34 4. The commission shall also issue duplicate special 35 -14- SF 2370 (5) 83 av/sc/jh 14/ 27

S.F. 2370 registration certificates and decals which shall have displayed 1 thereon the general identification number assigned to the 2 applicant. Each duplicate registration certificate so issued 3 shall contain a number or symbol identifying it from every 4 other duplicate special registration certificate bearing 5 the same general identification number. The fee for each 6 additional duplicate special registration certificate and 7 decal shall be two five dollars. 8 5. Each special registration certificate issued 9 hereunder under this section shall be for a period of three 10 years and shall expire on December 31 of each the renewal year , 11 and a . A new special registration certificate for the ensuing 12 twelve months three-year renewal period may be obtained upon 13 application to the commission and payment of the fee provided 14 by law. 15 Sec. 36. Section 321I.25, Code 2009, is amended to read as 16 follows: 17 321I.25 Course of instruction. 18 1. The commission shall provide, by rules adopted pursuant 19 to section 321I.2, for the establishment of certified courses 20 of instruction to be conducted throughout the state for the 21 safe use and operation of all-terrain vehicles. The curriculum 22 shall include instruction in the lawful and safe use, 23 operation, and equipping of all-terrain vehicles consistent 24 with this chapter and rules adopted by the commission and the 25 director of transportation and other matters the commission 26 deems pertinent for a qualified all-terrain vehicle operator . 27 The commission may establish a fee for the course which shall 28 not exceed the actual cost of instruction minus moneys received 29 by the department from safety education certificate fees under 30 section 321I.26. 31 2. The commission may certify any experienced, qualified 32 operator to be an instructor of a class established under 33 subsection 1. Each instructor shall be at least eighteen years 34 of age. 35 -15- SF 2370 (5) 83 av/sc/jh 15/ 27

S.F. 2370 3. Upon completion of the course of instruction, the 1 commission shall provide for the administration of either a 2 written test or the demonstration of adequate riding skills 3 to any student who wishes to qualify for a safety an 4 education certificate. 5 4. The commission shall provide safety education material 6 relating to the operation of all-terrain vehicles for the use 7 of nonpublic or public elementary and secondary schools in this 8 state. 9 5. The department may develop requirements and standards 10 for online education offerings. Only vendors who have entered 11 into a memorandum of understanding with the department 12 shall be permitted to offer an online course that results 13 in the issuance of an education certificate approved by the 14 commission. Vendors may charge for their courses and collect 15 the education certificate fee required under section 321I.26, 16 subsection 2, on behalf of the department as agreed to in the 17 memorandum of understanding. 18 Sec. 37. Section 321I.26, Code Supplement 2009, is amended 19 to read as follows: 20 321I.26 Safety Education certificate —— fee. 21 1. A person twelve years of age or older but less than 22 eighteen years of age shall not operate an all-terrain vehicle 23 on public land or ice or land purchased with all-terrain 24 vehicle registration funds in this state without obtaining a 25 valid safety education certificate issued by the department and 26 having the certificate in the person’s possession. 27 2. Upon application successful completion of the course and 28 payment of a fee of five dollars, a qualified applicant 29 shall be issued a safety an education certificate which is 30 valid until the certificate is suspended or revoked by the 31 director for a violation of a provision of this chapter or a 32 rule adopted pursuant to this chapter. The application shall 33 be made on forms issued by the commission and shall contain 34 information as the commission may reasonably require. 35 -16- SF 2370 (5) 83 av/sc/jh 16/ 27

S.F. 2370 3. Any person who is required to have a safety an 1 education certificate under this chapter and who has completed 2 a course of instruction established under section 321I.2, 3 subsection 1, paragraph “i” , including the successful passage 4 of an examination which includes either a written test relating 5 to such course of instruction or the demonstration of adequate 6 riding skills, shall be considered qualified to receive a 7 safety an education certificate. 8 4. The permit certificate fees collected under this section 9 shall be credited to the special all-terrain vehicle fund and 10 shall be used for safety and educational programs. 11 5. A valid all-terrain vehicle safety or education 12 certificate or license issued to a nonresident by a 13 governmental authority of another state shall be considered 14 a valid certificate or license in this state if the 15 permit certification or license licensing requirements of the 16 governmental authority , excluding fees, are substantially the 17 same as the requirements of this chapter as determined by the 18 commission. 19 Sec. 38. Section 321I.31, subsection 8, Code 2009, is 20 amended to read as follows: 21 8. Once titled, a person shall not sell or transfer 22 ownership of an all-terrain vehicle without delivering to 23 the purchaser or transferee a certificate of title with 24 an assignment on it showing title in the purchaser or 25 transferee purchaser’s or transferee’s name . A person shall 26 not purchase or otherwise acquire an all-terrain vehicle 27 without obtaining a certificate of title for it in that 28 person’s name. 29 Sec. 39. Section 321I.33, subsection 1, Code 2009, is 30 amended to read as follows: 31 1. If ownership of an all-terrain vehicle is transferred by 32 operation of law, such as by inheritance, order in bankruptcy, 33 insolvency, replevin, or execution sale, the transferee, 34 within thirty days after acquiring the right to possession of 35 -17- SF 2370 (5) 83 av/sc/jh 17/ 27

S.F. 2370 the all-terrain vehicle, shall mail or deliver to the county 1 recorder of the transferee’s county of residence satisfactory 2 proof of ownership as the county recorder requires, together 3 with an application for a new certificate of title, and the 4 required fee. 5 Sec. 40. Section 321I.35, subsections 1 and 3, Code 2009, 6 are amended to read as follows: 7 1. The department may assign a distinguishing number to an 8 all-terrain vehicle when the serial number on the all-terrain 9 vehicle is destroyed or obliterated and issue to the owner a 10 special plate decal bearing the distinguishing number which 11 shall be affixed to the all-terrain vehicle in a position to be 12 determined by the department. The all-terrain vehicle shall be 13 registered and titled under the distinguishing number in lieu 14 of the former serial number. Every all-terrain vehicle shall 15 have a vehicle identification number assigned and affixed as 16 required by the department. 17 3. A person shall not destroy, remove, alter, cover, or 18 deface the manufacturer’s vehicle identification number, the 19 plate or decal bearing it, or any vehicle identification number 20 the department assigns to an all-terrain vehicle without the 21 department’s permission. 22 Sec. 41. Section 455A.13, Code 2009, is amended to read as 23 follows: 24 455A.13 State nurseries. 25 1. Notwithstanding section 17A.2, subsection 11, 26 paragraph “g” , the department of natural resources shall adopt 27 administrative rules establishing a range of prices of plant 28 material grown at the state forest nurseries to cover all 29 expenses related to the growing of the plants. The department 30 is authorized to sell plant material in other states. 31 1. 2. The department shall develop programs to encourage 32 the wise management and preservation of existing woodlands 33 and shall continue its efforts to encourage forestation and 34 reforestation on private and public lands in the state. 35 -18- SF 2370 (5) 83 av/sc/jh 18/ 27