SF 2370 (LSB 5362SZ (5) 83)

SENATE FILE 2370

BY  COMMITTEE ON WAYS AND MEANS

(SUCCESSOR TO SF 2296)
(SUCCESSOR TO SSB 3119)

(As Amended and Passed by the Senate 2010-03-11)

A BILL FOR

An Act relating to various conservation and recreation activities under the purview of the department of natural resources, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321G.1, Code 2009, is amended by adding the following new subsections:
   NEW SUBSECTION.  5A.  “Designated snowmobile trail” means a snowmobile riding trail on any public land, private land, or public ice that has been designated by the department, a political subdivision, or a controlling authority for snowmobile use.
   NEW SUBSECTION.  5B.  “Direct supervision” means to provide supervision of another person while maintaining visual and verbal contact at all times.
    Sec. 2.  Section 321G.1, subsection 19, Code 2009, is amended to read as follows:
   19.  “Safety “Education certificate” means a snowmobile safety education certificate, approved by the commission, which is issued to a qualified applicant who is twelve years of age or older.
    Sec. 3.  Section 321G.2, subsection 1, paragraphs c, e, and f, Code Supplement 2009, are amended to read as follows:
   c.  Use of snowmobiles on designated snowmobile trails and public lands under the jurisdiction of the commission.
   e.  Establishment of a program of grants, subgrants, and contracts to be administered by the department for the development, maintenance, signing, and operation of designated snowmobile trails and the operation of grooming equipment by political subdivisions and incorporated private organizations.
   f.  Issuance of safety education certificates.
    Sec. 4.  Section 321G.2, subsection 1, Code Supplement 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  l.  Maintenance, signing, and operation of designated snowmobile trails.
    Sec. 5.  Section 321G.3, subsection 2, Code 2009, is amended by striking the subsection.
    Sec. 6.  Section 321G.3, subsection 3, Code 2009, is amended to read as follows:
   3.  2.  A violation of subsection 1 or 2 is punishable as a scheduled violation under section 805.8B, subsection 2, paragraph “a”. When the scheduled fine is paid, the violator shall submit proof to the department that a valid registration or user permit has been obtained by providing a copy of the registration or user permit to the department within thirty days of the date the fine is paid. A person who violates this subsection is guilty of a simple misdemeanor.
    Sec. 7.  Section 321G.4, subsection 2, Code 2009, is amended to read as follows:
   2.  The owner of the snowmobile shall file an application for registration with the department through a the county recorder of the county of residence in the manner established by the commission. The application shall be completed by the owner and shall be accompanied by a fee of fifteen dollars and a writing fee as provided in section 321G.27. A snowmobile shall not be registered by the county recorder until the county recorder is presented with receipts, bills of sale, or other satisfactory evidence that the sales or use tax has been paid for the purchase of the snowmobile or that the owner is exempt from paying the tax. A snowmobile that has an expired registration certificate from another state may be registered in this state upon proper application, payment of all applicable registration and writing fees, and payment of a penalty of five dollars.
    Sec. 8.  Section 321G.6, subsection 3, Code 2009, is amended to read as follows:
   3.  Duplicate registrations may be issued upon application to the by a county recorder and or a license agent upon the payment of a five dollar fee plus a writing fee as provided in section 321G.27.
    Sec. 9.  Section 321G.7, subsection 1, Code 2009, is amended to read as follows:
   1.  A county recorder or license agent shall remit to the commission the snowmobile fees collected by the recorder or license agent in the manner and time prescribed by the department.
    Sec. 10.  Section 321G.8, subsection 1, Code 2009, is amended to read as follows:
   1.  Snowmobiles owned and used by the United States, another this state, or a political subdivision of another this state.
    Sec. 11.  Section 321G.9, subsection 6, Code 2009, is amended by striking the subsection.
    Sec. 12.  Section 321G.12, Code 2009, is amended to read as follows:
   321G.12  Headlamp —— tail lamp Headlight —— taillight —— brakes.

   Every snowmobile shall be equipped with at least one headlamp headlight and one tail lamp taillight. Every snowmobile shall be equipped with brakes.
    Sec. 13.  Section 321G.17, Code 2009, is amended to read as follows:
   321G.17  Violation of stop signal.

   A person, after having who has received a visual or audible signal from a peace officer to come to a stop, shall not operate a snowmobile in willful or wanton disregard of the signal, or interfere with or endanger the officer or any other person or vehicle, or increase speed, or attempt to flee or elude the officer.
    Sec. 14.  Section 321G.20, Code 2009, is amended to read as follows:
   321G.20  Minors under twelve sixteen —— supervision requirements.
   1.  An owner or operator of a snowmobile shall not permit a person under twelve years of age to operate and a person less than twelve years of age shall not operate, a snowmobile on a designated snowmobile trail, public land, or public ice except when accompanied on the same snowmobile by a responsible person of at least eighteen years of age who is experienced in snowmobile operation and who possesses a valid driver’s license, as defined in section 321.1, or a safety an education certificate issued under this chapter.
   2.  While operating a snowmobile on a designated snowmobile trail, public land, or public ice, a person twelve to fifteen years of age and possessing a valid education certificate must be under the direct supervision of a parent, guardian, or another adult authorized by the parent or guardian, who is experienced in snowmobile operation, and who possesses a valid driver’s license, as defined in section 321.1, or an education certificate issued under this chapter.
   3.  A person under sixteen years of age shall not operate a snowmobile on or across a public highway unless the person has in the person’s possession an education certificate issued to the person pursuant to this chapter.
    Sec. 15.  Section 321G.21, subsections 1 through 5, Code Supplement 2009, are amended to read as follows:
   1.  A manufacturer, distributor, or dealer owning a snowmobile required to be registered under this chapter may operate the snowmobile for purposes of transporting, testing, demonstrating, or selling it without the snowmobile being registered, except that a special identification number registration decal issued to the owner as provided in this chapter shall be displayed on the snowmobile in the manner prescribed by rules of the commission. The special identification number registration decal shall not be used on a snowmobile offered for hire or for any work or service performed by a manufacturer, distributor, or dealer.
   2.  Every manufacturer, distributor, or dealer shall register with the department by making application to the commission, upon forms prescribed by the commission, for a special registration certificate containing a general identification number and for one or more duplicate special registration certificates and decal. The applicant shall pay a registration fee of fifteen forty-five dollars and submit reasonable proof of the applicant’s status as a bona fide manufacturer, distributor, or dealer as may be required by the commission.
   3.  The commission, upon granting an application, shall issue to the applicant a special registration certificate containing and decal. The special registration certificate shall contain the applicant’s name, and address, the and general identification number; assigned to the applicant, the word “manufacturer”, “dealer”, or “distributor”,; and other information the commission prescribes. The manufacturer, distributor, or dealer shall have the assigned number printed upon or attached to a removable sign or signs which may be temporarily but firmly mounted or attached to the snowmobile being used. The display shall meet the requirements of this chapter and the rules of the commission.
   4.  The commission shall also issue duplicate special registration certificates and decals which shall have displayed thereon the general identification number assigned to the applicant. Each duplicate registration certificate so issued shall contain a number or symbol identifying it from every other duplicate special registration certificate bearing the same general identification number. The fee for each additional duplicate special registration certificate and decal shall be two five dollars.
   5.  Each special registration certificate issued hereunder under this section shall be for a period of three years and shall expire on December 31 of each the renewal year, and a. A new special registration certificate for the ensuing twelve months three-year renewal period may be obtained upon application to the commission and payment of the fee provided by law.
    Sec. 16.  Section 321G.23, Code 2009, is amended to read as follows:
   321G.23  Course of instruction.
   1.  The commission shall provide, by rules adopted pursuant to section 321G.2, for the establishment of certified courses of instruction to be conducted throughout the state for the safe use and operation of snowmobiles. The curriculum shall include instruction in the lawful and safe use, operation, and equipping of snowmobiles consistent with this chapter and rules adopted by the commission and the director of transportation and other matters the commission deems pertinent for a qualified snowmobile operator. The commission may establish a fee for the course which shall not exceed the actual cost of instruction minus moneys received by the department from safety education certificate fees under section 321G.24.
   2.  The commission may certify any experienced, qualified operator to be an instructor of a class established under subsection 1. Each instructor shall be at least eighteen years of age.
   3.  Upon completion of the course of instruction, the commission shall provide for the administration of a written test to any student who wishes to qualify for a safety an education certificate.
   4.  The commission shall provide safety education material relating to the operation of snowmobiles for the use of nonpublic or public elementary and secondary schools in this state.
   5.  The department may develop requirements and standards for online education offerings. Only vendors who have entered into a memorandum of understanding with the department shall be permitted to offer an online course that results in the issuance of an education certificate approved by the commission. Vendors may charge for their courses and collect the education certificate fee required under section 321G.24, subsection 2, on behalf of the department as agreed to in the memorandum of understanding.
    Sec. 17.  Section 321G.24, Code Supplement 2009, is amended to read as follows:
   321G.24  Safety Education certificate —— fee.
   1.  A person under eighteen years of age shall not operate a snowmobile on public land or public ice or land purchased with snowmobile registration funds in this state without obtaining a valid safety education certificate issued by the department and having the certificate in the person’s possession, unless the person is accompanied on the same snowmobile by a responsible person of at least eighteen years of age who is experienced in snowmobile operation and possesses a valid driver’s license, as defined in section 321.1, or a safety an education certificate issued under this chapter.
   2.  Upon application successful completion of the course and payment of a fee of five dollars, a qualified applicant shall be issued a safety an education certificate which is valid until the certificate is suspended or revoked by the director for a violation of a provision of this chapter or a rule adopted pursuant to this chapter. The application shall be made on forms issued by the commission and shall contain information as the commission may reasonably require.
   3.  Any person who is required to have a safety an education certificate under this chapter and who has completed a course of instruction established under section 321G.2, subsection 1, paragraph “j”, including the successful passage of an examination which includes a written test relating to such course of instruction, shall be considered qualified to receive a safety an education certificate.
   4.  The permit certificate fees collected under this section shall be credited to the special snowmobile fund created under section 321G.7 and shall be used for safety and educational programs.
   5.  A valid snowmobile safety or education certificate or license issued to a nonresident by a governmental authority of another state shall be considered a valid certificate or license in this state if the permit certification or license licensing requirements of the governmental authority, excluding fees, are substantially the same as the requirements of this chapter as determined by the commission.
    Sec. 18.  Section 321G.29, subsection 8, Code 2009, is amended to read as follows:
   8.  Once titled, a person shall not sell or transfer ownership of a snowmobile without delivering to the purchaser or transferee a certificate of title with an assignment on it showing title in the purchaser or transferee purchaser’s or transferee’s name. A person shall not purchase or otherwise acquire a snowmobile without obtaining a certificate of title for it in that person’s name.
    Sec. 19.  Section 321G.31, subsection 1, Code 2009, is amended to read as follows:
   1.  If ownership of a snowmobile is transferred by operation of law, such as by inheritance, order in bankruptcy, insolvency, replevin, or execution sale, the transferee, within thirty days after acquiring the right to possession of the snowmobile, shall mail or deliver to the county recorder of the transferee’s county of residence satisfactory proof of ownership as the county recorder requires, together with an application for a new certificate of title, and the required fee.
    Sec. 20.  Section 321G.33, subsections 1 and 3, Code 2009, are amended to read as follows:
   1.  The department may assign a distinguishing number to a snowmobile when the serial number on the snowmobile is destroyed or obliterated and issue to the owner a special plate decal bearing the distinguishing number which shall be affixed to the snowmobile in a position to be determined by the department. The snowmobile shall be registered and titled under the distinguishing number in lieu of the former serial number. Every snowmobile shall have a vehicle identification number assigned and affixed as required by the department.
   3.  A person shall not destroy, remove, alter, cover, or deface the manufacturer’s vehicle identification number, the plate or decal bearing it, or any vehicle identification number the department assigns to a snowmobile without the department’s permission.
    Sec. 21.  Section 321I.1, subsection 1, paragraph b, Code Supplement 2009, is amended to read as follows:
   b.  Off-road motorcycles shall be considered all-terrain vehicles for the purpose of registration. Off-road motorcycles shall also be considered all-terrain vehicles for the purpose of titling if a title has not previously been issued pursuant to chapter 321. An operator of an off-road motorcycle is subject to provisions governing the operation of all-terrain vehicles in this chapter, but is exempt from the safety education instruction and certification program requirements of sections 321I.25 and 321I.26.
    Sec. 22.  Section 321I.1, subsection 16, paragraph b, Code Supplement 2009, is amended to read as follows:
   b.  An owner of an off-road utility vehicle may register or title an off-road utility vehicle in order to legally operate the off-road vehicle on public ice, a designated riding area, or a designated riding trail. The operator of an off-road utility vehicle is subject to provisions governing the operation of all-terrain vehicles in section 321.234A and this chapter, but is exempt from the safety education instruction and certification program requirements of sections 321I.25 and 321I.26. An operator of an off-road utility vehicle shall not operate the vehicle on a designated riding area or designated riding trail unless the department has posted signage indicating the riding area or trail is open to the operation of off-road utility vehicles. Off-road utility vehicles are exempt from the dealer registration and titling requirements of this chapter. A motorized vehicle that was previously titled or is currently titled under chapter 321 shall not be registered or operated as an off-road utility vehicle.
    Sec. 23.  Section 321I.1, subsection 25, Code Supplement 2009, is amended to read as follows:
   25.  “Safety “Education certificate” means an all-terrain vehicle safety education certificate, approved by the commission, which is issued to a qualified applicant who is twelve years of age or older.
    Sec. 24.  Section 321I.2, subsection 1, paragraph f, Code Supplement 2009, is amended to read as follows:
   f.  Issuance of safety education certificates.
    Sec. 25.  Section 321I.3, subsection 2, Code 2009, is amended by striking the subsection.
    Sec. 26.  Section 321I.3, subsection 3, Code 2009, is amended to read as follows:
   3.  2.  A violation of subsection 1 or 2 is punishable as a scheduled violation under section 805.8B, subsection 2A, paragraph “a”. When the scheduled fine is paid, the violator shall submit proof to the department that a valid registration or user permit has been obtained by providing a copy of the registration or user permit to the department within thirty days of the date the fine is paid. A person who violates this subsection is guilty of a simple misdemeanor.
    Sec. 27.  Section 321I.4, subsection 2, Code 2009, is amended to read as follows:
   2.  The owner of the all-terrain vehicle shall file an application for registration with the department through a the county recorder of the county of residence in the manner established by the commission. The application shall be completed by the owner and shall be accompanied by a fee of fifteen dollars and a writing fee as provided in section 321I.29. An all-terrain vehicle shall not be registered by the county recorder until the county recorder is presented with receipts, bills of sale, or other satisfactory evidence that the sales or use tax has been paid for the purchase of the all-terrain vehicle or that the owner is exempt from paying the tax. An all-terrain vehicle that has an expired registration certificate from another state may be registered in this state upon proper application, payment of all applicable registration and writing fees, and payment of a penalty of five dollars.
    Sec. 28.  Section 321I.7, subsections 3 and 4, Code 2009, are amended to read as follows:
   3.  Duplicate registrations may be issued upon application to the by a county recorder or a license agent and the payment of a five dollar fee plus a writing fee as provided in section 321I.29.
   4.  A motorcycle, as defined in section 321.1, subsection 40, paragraph “a”, may be registered as an all-terrain vehicle as provided in this section. A motorcycle registered as an all-terrain vehicle may participate in all programs established for all-terrain vehicles under this chapter except for the safety education instruction and certification program.
    Sec. 29.  Section 321I.8, Code 2009, is amended to read as follows:
   321I.8  Fees remitted to commission —— appropriation.
   1.  A county recorder or license agent shall remit to the commission the all-terrain vehicle fees collected by the recorder or license agent in the manner and time prescribed by the department.
   2.  The department shall remit the fees, including user fees collected pursuant to section 321I.5, to the treasurer of state, who shall place the money in a special all-terrain vehicle fund. The money is appropriated to the department for the all-terrain vehicle programs of the state. The programs shall include grants, subgrants, contracts, or cost-sharing of all-terrain vehicle programs with political subdivisions or incorporated private organizations or both in accordance with rules adopted by the commission. All-terrain vehicle fees may be used for the establishment, maintenance, and operation of all-terrain vehicle recreational riding areas through the awarding of grants administered by the department. All-terrain vehicle recreational riding areas established, maintained, or operated by the use of such grants shall not be operated for profit. All programs using cost-sharing, grants, subgrants, or contracts shall establish and implement a safety an education instruction program either singly or in cooperation with other all-terrain vehicle programs. All-terrain vehicle fees may be used to support all-terrain vehicle programs on a usage basis. At least fifty percent of the special fund shall be available for political subdivisions or incorporated private organizations or both. Moneys from the special fund not used by the political subdivisions or incorporated private organizations or both shall remain in the fund and may be used by the department for the administration of the all-terrain vehicle programs. Notwithstanding section 8.33, moneys in the special fund shall not revert to the general fund of the state at the end of a fiscal year. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the special fund shall remain in the fund.
    Sec. 30.  Section 321I.9, subsection 1, Code 2009, is amended to read as follows:
   1.  All-terrain vehicles owned and used by the United States, another this state, or a political subdivision of another this state.
    Sec. 31.  Section 321I.13, Code 2009, is amended to read as follows:
   321I.13  Headlamp —— tail lamp Headlight —— taillight —— brakes.

   Every all-terrain vehicle operated during the hours of darkness shall display a lighted headlamp headlight and tail lamp taillight. Every all-terrain vehicle shall be equipped with brakes.
    Sec. 32.  Section 321I.17, Code 2009, is amended to read as follows:
   321I.17  Special events.

   The department may authorize the holding of organized special events as defined in this chapter within this state. The department shall adopt rules relating to the conduct of special events held under department permits and designating the equipment and facilities necessary for the safe operation of all-terrain vehicles or, off-road motorcycles, and off-road utility vehicles and for the safety of operators, participants, and observers in the special events. A special event for all-terrain vehicles may include motorcycles upon payment of an entrance fee set by the organizer of the special event. The department may require that part of the motorcycle entrance fee be credited to pay costs of all-terrain vehicle programs authorized pursuant to section 321I.8. At least thirty days before the scheduled date of a special event in this state, an application shall be filed with the department for authorization to conduct the special event. The application shall set forth the date, time, and location of the proposed special event and any other information the department requires. The special event shall not be conducted without written authorization of the department. Copies of the rules shall be furnished by the department to any person making an application.
    Sec. 33.  Section 321I.18, Code 2009, is amended to read as follows:
   321I.18  Violation of stop signal.

   A person, after having who has received a visual or audible signal from a peace officer to come to a stop, shall not operate an all-terrain vehicle in willful or wanton disregard of the signal, or interfere with or endanger the officer or any other person or vehicle, or increase speed, or attempt to flee or elude the officer.
    Sec. 34.  Section 321I.21, subsection 1, Code 2009, is amended to read as follows:
   1.  The person is taking a prescribed safety education

 training course and the operation is under the direct supervision of a certified all-terrain vehicle safety

education instructor.
    Sec. 35.  Section 321I.22, subsections 1 through 5, Code Supplement 2009, are amended to read as follows:
   1.  A manufacturer, distributor, or dealer owning an all-terrain vehicle required to be registered under this chapter may operate the all-terrain vehicle for purposes of transporting, testing, demonstrating, or selling it without the all-terrain vehicle being registered, except that a special identification number registration decal issued to the owner as provided in this chapter shall be displayed on the all-terrain vehicle in the manner prescribed by rules of the commission. The special identification number registration decal shall not be used on an all-terrain vehicle offered for hire or for any work or service performed by a manufacturer, distributor, or dealer.
   2.  Every manufacturer, distributor, or dealer shall register with the department by making application to the commission, upon forms prescribed by the commission, for a special registration certificate containing a general identification number and for one or more duplicate special registration certificates and decal. The applicant shall pay a registration fee of fifteen forty-five dollars and submit reasonable proof of the applicant’s status as a bona fide manufacturer, distributor, or dealer as may be required by the commission.
   3.  The commission, upon granting an application, shall issue to the applicant a special registration certificate containing and decal. The special registration certificate shall contain the applicant’s name, and address, the and general identification number; assigned to the applicant, the word “manufacturer”, “dealer”, or “distributor”,; and other information the commission prescribes.  The manufacturer, distributor, or dealer shall have the assigned number printed upon or attached to a removable sign or signs which may be temporarily but firmly mounted or attached to the all-terrain vehicle being used. The display shall meet the requirements of this chapter and the rules of the commission.
   4.  The commission shall also issue duplicate special registration certificates and decals which shall have displayed thereon the general identification number assigned to the applicant. Each duplicate registration certificate so issued shall contain a number or symbol identifying it from every other duplicate special registration certificate bearing the same general identification number. The fee for each additional duplicate special registration certificate and decal shall be two five dollars.
   5.  Each special registration certificate issued hereunder under this section shall be for a period of three years and shall expire on December 31 of each the renewal year, and a. A new special registration certificate for the ensuing twelve months three-year renewal period may be obtained upon application to the commission and payment of the fee provided by law.
    Sec. 36.  Section 321I.25, Code 2009, is amended to read as follows:
   321I.25  Course of instruction.
   1.  The commission shall provide, by rules adopted pursuant to section 321I.2, for the establishment of certified courses of instruction to be conducted throughout the state for the safe use and operation of all-terrain vehicles. The curriculum shall include instruction in the lawful and safe use, operation, and equipping of all-terrain vehicles consistent with this chapter and rules adopted by the commission and the director of transportation and other matters the commission deems pertinent for a qualified all-terrain vehicle operator. The commission may establish a fee for the course which shall not exceed the actual cost of instruction minus moneys received by the department from safety education certificate fees under section 321I.26.
   2.  The commission may certify any experienced, qualified operator to be an instructor of a class established under subsection 1. Each instructor shall be at least eighteen years of age.
   3.  Upon completion of the course of instruction, the commission shall provide for the administration of either a written test or the demonstration of adequate riding skills

 to any student who wishes to qualify for a safety an education certificate.
   4.  The commission shall provide safety education material relating to the operation of all-terrain vehicles for the use of nonpublic or public elementary and secondary schools in this state.
   5.  The department may develop requirements and standards for online education offerings. Only vendors who have entered into a memorandum of understanding with the department shall be permitted to offer an online course that results in the issuance of an education certificate approved by the commission. Vendors may charge for their courses and collect the education certificate fee required under section 321I.26, subsection 2, on behalf of the department as agreed to in the memorandum of understanding.
    Sec. 37.  Section 321I.26, Code Supplement 2009, is amended to read as follows:
   321I.26  Safety Education certificate —— fee.
   1.  A person twelve years of age or older but less than eighteen years of age shall not operate an all-terrain vehicle on public land or ice or land purchased with all-terrain vehicle registration funds in this state without obtaining a valid safety education certificate issued by the department and having the certificate in the person’s possession.
   2.  Upon application successful completion of the course and payment of a fee of five dollars, a qualified applicant shall be issued a safety an education certificate which is valid until the certificate is suspended or revoked by the director for a violation of a provision of this chapter or a rule adopted pursuant to this chapter. The application shall be made on forms issued by the commission and shall contain information as the commission may reasonably require.
   3.  Any person who is required to have a safety an education certificate under this chapter and who has completed a course of instruction established under section 321I.2, subsection 1, paragraph “i”, including the successful passage of an examination which includes either a written test relating to such course of instruction or the demonstration of adequate riding skills, shall be considered qualified to receive a safety an education certificate.
   4.  The permit certificate fees collected under this section shall be credited to the special all-terrain vehicle fund and shall be used for safety and educational programs.
   5.  A valid all-terrain vehicle safety or education

 certificate or license issued to a nonresident by a governmental authority of another state shall be considered a valid certificate or license in this state if the permit certification or license licensing requirements of the governmental authority, excluding fees, are substantially the same as the requirements of this chapter as determined by the commission.
    Sec. 38.  Section 321I.31, subsection 8, Code 2009, is amended to read as follows:
   8.  Once titled, a person shall not sell or transfer ownership of an all-terrain vehicle without delivering to the purchaser or transferee a certificate of title with an assignment on it showing title in the purchaser or transferee purchaser’s or transferee’s name. A person shall not purchase or otherwise acquire an all-terrain vehicle without obtaining a certificate of title for it in that person’s name.
    Sec. 39.  Section 321I.33, subsection 1, Code 2009, is amended to read as follows:
   1.  If ownership of an all-terrain vehicle is transferred by operation of law, such as by inheritance, order in bankruptcy, insolvency, replevin, or execution sale, the transferee, within thirty days after acquiring the right to possession of the all-terrain vehicle, shall mail or deliver to the county recorder of the transferee’s county of residence satisfactory proof of ownership as the county recorder requires, together with an application for a new certificate of title, and the required fee.
    Sec. 40.  Section 321I.35, subsections 1 and 3, Code 2009, are amended to read as follows:
   1.  The department may assign a distinguishing number to an all-terrain vehicle when the serial number on the all-terrain vehicle is destroyed or obliterated and issue to the owner a special plate decal bearing the distinguishing number which shall be affixed to the all-terrain vehicle in a position to be determined by the department. The all-terrain vehicle shall be registered and titled under the distinguishing number in lieu of the former serial number. Every all-terrain vehicle shall have a vehicle identification number assigned and affixed as required by the department.
   3.  A person shall not destroy, remove, alter, cover, or deface the manufacturer’s vehicle identification number, the plate or decal bearing it, or any vehicle identification number the department assigns to an all-terrain vehicle without the department’s permission.
    Sec. 41.  Section 455A.13, Code 2009, is amended to read as follows:
   455A.13  State nurseries.
   1.  Notwithstanding section 17A.2, subsection 11, paragraph “g”, the department of natural resources shall adopt administrative rules establishing a range of prices of plant material grown at the state forest nurseries to cover all expenses related to the growing of the plants. The department is authorized to sell plant material in other states.
   1.  2.  The department shall develop programs to encourage the wise management and preservation of existing woodlands and shall continue its efforts to encourage forestation and reforestation on private and public lands in the state.
   2.  3.  The department shall encourage a cooperative relationship between the state forest nurseries and private nurseries in the state in order to achieve these goals.
    Sec. 42.  Section 461C.2, subsection 5, Code 2009, is amended to read as follows:
   5.  “Recreational purpose” means the following or any combination thereof:  Hunting, trapping, horseback riding, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, motorcycling, all-terrain vehicle riding, nature study, water skiing, snowmobiling, other summer and winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites while going to and from or actually engaged therein.
    Sec. 43.  Section 462A.2, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  43A.  “Watercraft education certificate” means a certificate, approved by the commission, which is issued to a qualified applicant who is twelve years of age or older but less than eighteen years of age who has successfully completed a watercraft education course approved by the department.
    Sec. 44.  Section 462A.12, subsection 6, Code 2009, is amended to read as follows:
   6.  An owner or operator of a vessel propelled by a motor of more than ten horsepower shall not permit any person under twelve years of age to operate the vessel unless accompanied in or on the same vessel by a responsible person of at least eighteen years of age who is experienced in motorboat operation. A person who is twelve years of age or older but less than eighteen years of age shall not operate any vessel propelled by a motor of more than ten horsepower unless the person has successfully completed a department-approved watercraft safety education course and obtained a watercraft safety education certificate or is accompanied in or on the same vessel by a responsible person of at least eighteen years of age who is experienced in motorboat operation. A person required to have a watercraft safety education certificate shall carry and shall exhibit or make available the certificate upon request of an officer of the department. A violation of this subsection is a simple misdemeanor as provided in section 462A.13. However, a person charged with violating this subsection shall not be convicted if the person produces in court, within a reasonable time, a department-approved watercraft education certificate. The cost of a department watercraft education certificate, or any duplicate, shall not exceed five dollars.
    Sec. 45.  NEW SECTION.  462A.12A  Online watercraft education courses.
   1.  The department shall develop requirements and standards for online watercraft education courses. Only vendors who have entered into a memorandum of understanding with the department shall be approved by the department to offer an online watercraft education course that upon successful completion is sufficient to result in the issuance of a watercraft education certificate to the person who completes the course.
   2.  A vendor approved to offer an online watercraft education course as provided in subsection 1 may charge a fee for the course as agreed to in the memorandum of understanding with the department and may also collect the watercraft education certificate fee on behalf of the department as agreed to in the memorandum of understanding.
    Sec. 46.  Section 462A.36, Code 2009, is amended to read as follows:
   462A.36  Fee for special certificate —— minimum requirements for issuance.
   1.  Any manufacturer or dealer may, upon payment of a fee of fifteen dollars, make application to the commission, upon such forms as the commission prescribes, for a special certificate containing a general distinguishing number and for one or more duplicate special certificates. The applicant shall submit such reasonable proof of the applicant’s status as a bona fide manufacturer or dealer as the commission may require.
   2.  The commission may adopt rules consistent with this chapter establishing minimum requirements for a dealer or manufacturer to be issued a special certificate. In adopting such rules the department shall consider the need to protect persons, property, and the environment, and to promote uniform practices relating to the sale and use of vessels. The commission may also adopt rules providing for the suspension or revocation of a dealer’s or manufacturer’s special certificate issued pursuant to this section.
    Sec. 47.  Section 462A.38, Code 2009, is amended to read as follows:
   462A.38  Duplicates Duplicate special certificates.

   The commission shall also issue duplicate special certificates as applied for which shall have displayed thereon the general distinguishing number assigned to the applicant. Each duplicate special certificate so issued shall contain a number or symbol identifying the same from every other duplicate special certificate bearing the same general distinguishing number. The fee for each additional duplicate special certificate shall be two dollars.
    Sec. 48.  Section 462A.39, Code 2009, is amended to read as follows:
   462A.39  Expiration date.

   Each special certificate issued hereunder under this chapter shall be for a period of three years and shall expire at midnight on April 30 of the last calendar year of the registration period, and a new special certificate may be renewed for the ensuing registration another three-year period may be obtained upon application to the commission and payment of the fee provided by law.
    Sec. 49.  Section 462A.46, Code 2009, is amended to read as follows:
   462A.46  Purchase of registered vessel by dealer.

   Whenever a dealer purchases or otherwise acquires a vessel registered in this state, the dealer shall issue a signed receipt to the previous owner, indicating the date of purchase or acquisition, the name and address of such previous owner, and the registration number of the vessel purchased or acquired. The original receipt shall be delivered to the previous owner and one copy shall be mailed or delivered by the dealer to the county recorder of the county in which the vessel is registered, and one copy shall be delivered to the commission within forty-eight hours.
    Sec. 50.  Section 462A.52, subsections 2 and 3, Code 2009, are amended to read as follows:
   2.  Notwithstanding subsection 1, any increase in revenues received on or after July 1, 2007 2010, but on or before June 30, 2013, pursuant to this section as a result of fee increases pursuant to 2005 Acts, ch. 137, shall be used by the commission only for the administration and enforcement of programs to control aquatic invasive species and for the administration and enforcement of navigation laws and water safety upon the inland waters of this state and shall be used in addition to funds already being expended by the commission each year for these purposes. The commission shall not reduce the amount of other funds being expended on an annual basis for these purposes as of July 1, 2005, during the period of the appropriation provided for in this subsection.
   3.  The commission shall submit a written report to the general assembly by December 31, 2007 2010, and by December 31 of each year thereafter through December 31, 2013, summarizing the activities of the department in administering and enforcing programs to control aquatic invasive species and administering and enforcing navigation laws and water safety upon the inland waters of the state. The report shall include information concerning the amount of revenues collected pursuant to this section as a result of fee increases pursuant to 2005 Acts, ch. 137, and how the revenues were expended. The report shall also include information concerning the amount and source of all other funds expended by the commission during the year for the purposes of administering and enforcing programs to control aquatic invasive species and administering and enforcing navigation laws and water safety upon the inland waters of the state and how the funds were expended.
    Sec. 51.  Section 481A.22, Code 2009, is amended to read as follows:
   481A.22  Field and retriever meets or trials —— permit required.
   1.  All officially sanctioned field meets or trials and retriever meets or trials where the skill of dogs is demonstrated in pointing, retrieving, trailing, or chasing any game bird, game animal, or fur-bearing animal shall require a field meet or trial permit. Except as otherwise provided by law, it shall be unlawful to kill any wildlife in such events.
   2.  Notwithstanding the provisions of section 481A.21 it shall be lawful to hold field meets or trials and retriever meets or trials where dogs are permitted to work in exhibition or contest whereby the skill of dogs is demonstrated by retrieving dead or wounded game birds which have been propagated by licensed game breeders within the state or secured from lawful sources outside the state and lawfully brought into the state. All such birds must be released on the day of the meets or trials on premises where the meets or trials are held.
   3.  a.  Such birds Birds released pursuant to subsection 2 may be shot by official guns after having secured a permit as herein provided.
   b.  Such permits may be issued by the director of the department upon proper application and the payment of a fee of two twenty-five dollars for each meet or trial held, with the exception of meets or trials held for raccoon hunting, for which the fee shall be eight dollars.
   4.  A representative of the department shall attend all such meets or trials and enforce the laws and regulations governing same the meets or trials.
   5.  The person or persons designated by the committee in charge to do the shooting for such meets or trials shall be known as the official guns, and no other person shall be permitted to kill or attempt to kill any of the birds released for such meets or trials.
   6.  Before any birds are released under this section, they must shall each have attached a tag provided by the department and attached by a representative of the department at a cost of not more than ten cents for each tag. All tags are to shall remain attached to birds until prepared for consumption.
   7.  It is unlawful for any person to hold, conduct, or to participate in a field or retriever meet or trial before the permit required by this section has been secured or for any person to possess or remove from the meet or trial grounds any birds which have not been tagged as herein required.
    Sec. 52.  NEW SECTION.  481A.41  Feeding or baiting of wildlife prohibited.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Baited area” means any area where any feed is intentionally placed, deposited, distributed, or scattered for the sole purpose of luring, attracting, or enticing wildlife to, on, or over a specific location. An area shall remain a baited area for thirty days following complete removal of all feed.
   b.  “Feed” means any grain, fruit, vegetable, nut, hay, salt, mineral, or any other natural food material, commercial products containing natural food materials or by-products of such materials, or other food material that is capable of luring, attracting, or enticing wildlife. Scents or lures used to mask human odor or attract wildlife by the sense of smell are not considered feed.
   c.  “Livestock” means the same as defined in section 717.1.
   d.  “Wildlife” means any wild bird or wild animal, except fish or turtles, residing in or migrating through the state of Iowa.
   2.  Except as provided in subsection 3, it shall be unlawful for a person to establish or maintain a baited area on any public or private property, or to knowingly allow another person to establish or maintain a baited area on private property in the state under the person’s lawful control. It shall be unlawful for a person to hunt, take, or attempt to take any wildlife on or in a baited area.
   3.  The prohibitions contained in subsection 2 are not applicable to the following:
   a.  Feed that is used to attract wildlife for viewing and observation if the feed is placed within fifty yards of a residence, dwelling, or other structure inhabited by a person. However, such an area shall be considered a baited area for the purpose of hunting, taking, or attempting to take wildlife in or on that area.
   b.  Feed that is present solely as a result of normal agricultural, forest management, orchard management, wildlife food planting, or other similar land management practices.
   c.  Feed that is placed for agricultural or livestock purposes if one or more of the following conditions apply:
   (1)  The feed is placed for domestic livestock that are present and actively consuming the feed on a regular basis.
   (2)  The feed is stored in a manner consistent with the person’s normal agricultural practices.
   d.  Feed that is placed for purposes such as including but not limited to population control, capture and handling of wildlife, or other specific purposes under written authorization from the director or the director’s designee, or as otherwise provided by law. This section shall not be construed to limit employees of state or county agencies, the United States, or local animal control officers in the performance of their official duties related to education, public health, wildlife management, or wildlife removal.
   e.  Feed that is placed for the purpose of luring fur-bearing animals for hunting or trapping as permitted by law.
   f.  Feed that is placed within the confines of a whitetail deer hunting preserve that is licensed by the department pursuant to chapter 484C.
   g.  Recreational feeding of waterfowl at federal, state, county, or city parks or refuges if not otherwise prohibited by the managing agency or municipality of such parks or refuges.
   3A.  When entering private property, a person who is an official or agent of the department, or a person accompanying such an official or agent of the department shall comply with the provisions of section 455B.103. The person shall also comply with standard biosecurity requirements customarily required by the owner of livestock on the property and which are necessary in order to control the spread of disease among a livestock or wildlife population.
   4.  A person who violates any provision of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8B, subsection 3, paragraph “e”.
   5.  In addition to any other penalties imposed under this section, a person charged with unlawful establishment or maintenance of a baited area shall immediately remove all feed from the baited area. Failure to do so shall constitute an additional violation of this section for each day that the feed remains.
   6.  During the twelve-month period beginning July 1, 2010, and ending June 30, 2011, peace officers shall issue only warning citations for violations of this section. This subsection is repealed July 1, 2011.
    Sec. 53.  Section 483A.1, subsection 2, paragraph s, Code Supplement 2009, is amended by striking the paragraph.
    Sec. 54.  Section 805.8B, subsection 2, paragraphs a and g, Code Supplement 2009, are amended to read as follows:
   a.  For registration or user permit violations under section 321G.3, subsections subsection 1 and 2, the scheduled fine is fifty dollars.
   g.  For violations of section 321G.20 and for safety education certificate violations under section 321G.24, subsection 1, the scheduled fine is fifty dollars.
    Sec. 55.  Section 805.8B, subsection 2A, paragraphs a and g, Code Supplement 2009, are amended to read as follows:
   a.  For registration or user permit violations under section 321I.3, subsections subsection 1 and 2, the scheduled fine is fifty dollars.
   g.  For violations of section 321I.21 and for safety education certificate violations under section 321I.26, subsection 1, the scheduled fine is fifty dollars.
    Sec. 56.  Section 805.8B, subsection 3, paragraph e, Code Supplement 2009, is amended to read as follows:
   e.  For violations of sections 481A.41, 481A.57, 481A.85, 481A.93, 481A.95, 481A.120, 481A.137, 481B.5, 482.3, 482.9, 482.15, and 483A.42, the scheduled fine is one hundred dollars.
    Sec. 57.  Section 805.8B, subsection 6, paragraph c, Code Supplement 2009, is amended to read as follows:
   c.  For violations of section sections 461A.35, 461A.42, and 461A.44, the scheduled fine is fifty dollars.
    Sec. 58.  REPEAL.  Sections 462A.40 and 462A.42, Code 2009, are repealed.
    Sec. 59.  REPEAL.  Chapter 568, Code 2009, is repealed.