House File 742       

                            AN ACT
RELATING TO THE REGULATION OF SNOWMOBILES AND ALL=TERRAIN
   VEHICLES, AND PROVIDING FEES AND PENALTIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 321.234A, subsection 3, Code 2007, is
amended to read as follows:
   3.  An all=terrain vehicle that is owned by the owner of
land adjacent to a highway, other than an interstate road, may
be operated by the owner of the all=terrain vehicle, or by a
member of the owner's family, on the portion of the highway
right=of=way that is between the shoulder of the roadway, or
at least five feet from the edge of the roadway, and the
owner's property line.  A person operating an all=terrain
vehicle within the highway right=of=way under this subsection
shall comply with the registration, safety, and age
requirements under chapter 321I.
   Sec. 2.  Section 321G.1, Code 2007, is amended by adding
the following new subsections:
   NEW SUBSECTION.  5A.  "Director" means the director of the
department.
   NEW SUBSECTION.  5B.  "Distributor" means a person,
resident or nonresident, who sells or distributes snowmobiles
to snowmobile dealers in this state or who maintains
distributor representatives.
   Sec. 3.  Section 321G.2, Code 2007, is amended by adding
the following new subsection:
   NEW SUBSECTION.  8.  Issuance of annual user permits for
nonresidents and establishment of administrative fees for
issuance of the permits.
   Sec. 4.  Section 321G.3, Code 2007, is amended to read as
follows:
   321G.3  REGISTRATION AND NUMBERING REQUIRED == PENALTIES.
   1.  Each snowmobile used on public land or ice of this
state shall be currently registered and numbered.  A person
shall not operate, maintain, or give permission for the
operation or maintenance of a snowmobile on public land or ice
unless the snowmobile is numbered registered in accordance
with this chapter or applicable federal laws, or the
snowmobile displays a current annual user permit decal issued
for the snowmobile as provided in section 321G.4A.  If the
snowmobile is required to be registered in this state, the
identifying number set forth in the registration shall be
displayed as prescribed by rules of the commission.
   2.  A registration number certificate and registration
decal shall be assigned, without payment of fee, to
snowmobiles owned by the state of Iowa or its political
subdivisions upon application for the number, and the assigned
registration number.  The registration decal shall be
displayed on the snowmobile as required under section 321G.5.
A registration number and certificate shall be assigned,
without payment of a registration fee, to for a snowmobile
which is exempt from registration but is being titled, upon
payment of a writing fee as provided in section 321G.27 and an
administrative fee.  A registration decal displaying an audit
number shall not be issued and the registration shall not
expire while the snowmobile is exempt.  The application for
registration and the registration certificate shall indicate
the reason for exemption from the registration fee.  The
registration certificate shall indicate the reason for
exemption.
   3.  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. 5.  Section 321G.4, Code 2007, is amended to read as
follows:
   321G.4  REGISTRATION == FEE.
   1.  The owner of each snowmobile required to be numbered
registered shall register it annually with the department
through the a county recorder of the county in which the owner
resides or, if the owner is a nonresident, the owner shall
register it in the county in which the snowmobile is
principally used.  The department shall develop and maintain
an electronic system for the registration of snowmobiles
pursuant to this chapter.  The department shall establish
forms and procedures as necessary for the registration of
snowmobiles.
   2.  The owner of the snowmobile shall file an application
for registration with the department through the appropriate a
county recorder in the manner established by the commission.
The application shall be completed and signed 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.
   3.  Upon receipt of the application in approved form
accompanied by the required fees, the county recorder shall
register the snowmobile with the department and issue to the
applicant a registration certificate and registration decal.
The registration certificate shall bear the number awarded to
the snowmobile and the name and address of the owner.  The
registration decal shall be displayed on the snowmobile as
provided in section 321G.5.  The registration certificate
shall be carried either in the snowmobile or on the person of
the operator of the snowmobile when in use.  The operator of a
snowmobile shall exhibit the registration certificate to a
peace officer upon request, to a person injured in an accident
involving a snowmobile, to the owner or operator of another
snowmobile or the owner of personal or real property when the
snowmobile is involved in a collision or accident of any
nature with another snowmobile or the property of another
person, or to the property owner or tenant when the snowmobile
is being operated on private property without permission from
the property owner or tenant.
   4.  If a snowmobile is placed in storage, the owner shall
return the current registration certificate to the county
recorder with an affidavit stating that the snowmobile is
placed in storage and the effective date of storage.  The
county recorder shall notify the department of each snowmobile
placed in storage.  When the owner of a stored snowmobile
desires to renew the registration, the owner shall make
application through the county recorder and pay the
registration and writing fees without penalty.  A refund of
the registration fee shall not be allowed for a stored
snowmobile.
   5. 4.  Notwithstanding subsections 1 and 2, a snowmobile
that is more than thirty years old may be registered for a
one=time fee of twenty=five dollars, which shall exempt the
owner from annual registration and fee requirements for that
snowmobile.  However, if ownership of such a snowmobile is
transferred, the new owner shall register the snowmobile and
pay the one=time fee as required under this subsection.
   Sec. 6.  Section 321G.4A, Code 2007, is amended to read as
follows:
   321G.4A  NONRESIDENT USER PERMITS.
   1.  A nonresident wishing to operate a snowmobile, other
than a snowmobile registered pursuant to this chapter, on
public land or ice of this state shall first obtain a user
permit from the department.  A user permit shall be issued for
the snowmobile specified at the time of application and is not
transferable.  A user permit shall be valid for the calendar
year or time period specified in the permit.
   2.  User permits may be issued by a A county recorder or a
license agent pursuant to rules adopted by the commission
designated by the director pursuant to section 483A.11 may
issue user permits.  The fee for a user permit shall be
fifteen dollars plus an administrative fee established by the
commission.  A county recorder or a license agent shall retain
a writing fee of one dollar from the sale of each user permit
issued by the county recorder's office as provided in section
321G.27.  The writing fees retained by the county recorder
shall be deposited in the general fund of the county.  A
license agent designated by the director pursuant to section
483A.11 shall retain a writing fee of one dollar from the sale
of each permit issued by the agent.
   Sec. 7.  Section 321G.5, Code 2007, is amended to read as
follows:
   321G.5  DISPLAY OF IDENTIFICATION NUMBERS REGISTRATION AND
USER PERMIT DECALS.
   The owner shall display the identification number
registration decal or nonresident user permit decal on a
snowmobile in the manner prescribed by the rules of the
commission.
   Sec. 8.  Section 321G.6, Code 2007, is amended to read as
follows:
   321G.6  REGISTRATION == RENEWAL == TRANSFER.
   1.  Every snowmobile registration certificate and number
registration decal issued expires at midnight December 31
unless sooner terminated or discontinued in accordance with
this chapter or rules of the commission.  After the first day
of September each year, an unregistered snowmobile may be
registered and a registration may be renewed in one
transaction.  The fee is five dollars for the remainder of the
current year, in addition to the registration fee of fifteen
dollars for the subsequent year beginning January 1, and a
writing fee as provided in section 321G.27.
   2.  An expired registration may be renewed for the same fee
as if the owner is securing the original registration plus a
penalty of five dollars and a writing fee as provided in
section 321G.27.
   3.  When a person, after registering a snowmobile, moves
from the address shown on the registration certificate, the
person shall, within thirty days, notify the county recorder
in writing of the move and the person's new address.
   4.  Upon the transfer of ownership of a snowmobile, the
owner shall complete the form on the back of the title, if
any, and registration, if any, and deliver both to the
purchaser or transferee when the snowmobile is delivered.  If
the snowmobile is not titled, the owner shall complete the
form on the back of the current registration certificate and
shall deliver the certificate to the purchaser or transferee
at the time of delivering the snowmobile.  If the snowmobile
has not been titled and has not been registered, the owner
shall deliver an affidavit for an unregistered and untitled
snowmobile to the purchaser or transferee.  The purchaser or
transferee shall, within thirty days of transfer, file a new
application form with the county recorder with a fee of one
dollar and the writing fee, and a transfer of number shall be
awarded in the same manner as provided in an original
registration.  If the purchaser or transferee does not file a
new application form within thirty days of transfer, the
transfer of number shall be awarded upon payment of all
applicable fees plus a penalty of five dollars.
   All registrations must be valid for the current
registration period prior to the transfer of any registration,
including assignment to a dealer.
   5. 3.  Duplicate registrations may be issued upon
application to the county recorder and the payment of the same
fees collected for the transfer of registrations a five dollar
fee plus a writing fee as provided in section 321G.27.
   6. 4.  The department shall develop and maintain an
electronic system for residents to renew snowmobile
registrations pursuant to this section.  A county recorder or
a license agent designated by the director pursuant to section
483A.11 may issue snowmobile registration renewals
electronically pursuant to rules adopted by the commission.
The fee for a registration renewal issued using an electronic
system is fifteen dollars plus an administrative fee
established by the commission and a writing fee as provided in
section 321G.27.  A county recorder shall retain a writing fee
of one dollar and twenty=five cents for each registration
renewal issued by the county recorder's office.  The writing
fees retained by the county recorder shall be deposited in the
general fund of the county.  A license agent designated by the
director pursuant to section 483A.11 shall retain a writing
fee of one dollar for each registration renewal issued.
   Sec. 9.  Section 321G.7, unnumbered paragraph 1, Code 2007,
is amended to read as follows:
   Within ten days after the end of each month, a A county
recorder shall remit to the commission the snowmobile fees
collected by the recorder during the previous month in the
manner and time prescribed by the department.  Before January
10 of each year, a recorder shall remit to the commission
unused license forms from the previous year.
   Sec. 10.  Section 321G.8, subsections 2 and 3, Code 2007,
are amended by striking the subsections.
   Sec. 11.  Section 321G.15, Code 2007, is amended to read as
follows:
   321G.15  OPERATION PENDING REGISTRATION.
   The commission shall furnish snowmobile dealers with
pasteboard cards bearing the words "registration applied for"
and space for the date of purchase.  An unregistered
snowmobile sold by a dealer shall bear one of these cards
which entitles the purchaser to operate it for ten forty=five
days immediately following the purchase.  The purchaser of a
registered snowmobile may operate it for ten forty=five days
immediately following the purchase, without having completed a
transfer of registration.  A snowmobile dealer shall make
application and pay all registration and title fees if
applicable on behalf of the purchaser of a snowmobile.
   Sec. 12.  Section 321G.19, subsection 1, Code 2007, is
amended to read as follows:
   1.  The owner of a rented snowmobile shall keep a record of
the name and address of each person renting the snowmobile,
its registration number certificate, the departure date and
time, and the expected time of return.  The records shall be
preserved for six months.
   Sec. 13.  Section 321G.21, subsection 2, Code 2007, is
amended to read as follows:
   2.  Any Every manufacturer, distributor, or dealer may,
upon payment of a fee of fifteen dollars, make 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.  The applicant shall pay a registration fee of
fifteen 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.
   Sec. 14.  Section 321G.21, subsections 6 and 8, Code 2007,
are amended by striking the subsections.
   Sec. 15.  Section 321G.21, subsection 9, Code 2007, is
amended to read as follows:
   9.  If the purchaser or transferee of a snowmobile is a
dealer who holds the same for resale and operates the
snowmobile only for purposes incidental to a resale and
displays the special dealer's certificate, or does not operate
the snowmobile or permit it to be operated, the transferee is
not required to obtain a new registration certificate but upon
transferring title or interest to another person shall sign
the reverse side of the title, if any, and the registration
certificate of the snowmobile indicating the name and address
of the new purchaser.  A dealer shall make application and pay
all registration and title fees if applicable on behalf of the
purchaser of a snowmobile.  The recorder shall award a
transfer of the registration number.  If the registration has
expired while in the dealer's possession, the purchaser may
renew the registration for the same fee and writing fee as if
the purchaser is securing the original registration.
   Sec. 16.  Section 321G.21, subsection 10, Code 2007, is
amended by striking the subsection.
   Sec. 17.  Section 321G.21, Code 2007, is amended by adding
the following new subsection:
   NEW SUBSECTION.  12.  The department may adopt rules
consistent with this chapter establishing minimum requirements
for dealers.  In adopting such rules, the department shall
consider the need to protect persons, property, and the
environment and to promote uniformity of practices relating to
the sale and use of snowmobiles.
   Sec. 18.  Section 321G.23, subsection 1, Code 2007, is
amended to read as follows:
   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 certificate fees under section 321G.24.
   Sec. 19.  Section 321G.24, subsection 2, Code 2007, is
amended to read as follows:
   2.  Upon application and payment of a fee of five dollars,
a qualified applicant shall be issued a safety 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 of the commission or the director of transportation
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.
   Sec. 20.  Section 321G.27, Code 2007, is amended to read as
follows:
   321G.27  WRITING FEES.
   1.  a.  The county recorder shall collect a writing fee of
one dollar and twenty=five cents for a snowmobile registration
or for renewal of a registration by the county recorder's
office.
   b.  The county recorder shall retain a writing fee of one
dollar and twenty=five cents from the sale of each user permit
issued by the county recorder's office.
   c.  Writing fees collected or retained by the county
recorder under this chapter shall be deposited in the general
fund of the county.
   2.  a.  A license agent shall collect a writing fee of one
dollar for a snowmobile registration or for renewal of a
registration by the license agent.
   b.  A license agent shall retain a writing fee of one
dollar from the sale of each user permit issued by the license
agent.
   Sec. 21.  Section 321G.29, subsections 1, 4, and 7, Code
2007, are amended to read as follows:
   1.  The owner of a snowmobile acquired on or after January
1, 1998, other than a snowmobile used exclusively as a farm
implement or a snowmobile more than thirty years old
registered as provided in section 321G.4, subsection 5, shall
apply to the county recorder of the county in which the owner
resides for a certificate of title for the snowmobile.  The
owner of a snowmobile used exclusively as a farm implement may
obtain a certificate of title.  A person who owns a snowmobile
that is not required to have a certificate of title may apply
for and receive a certificate of title for the snowmobile and,
subsequently, the snowmobile shall be subject to the
requirements of this chapter as if the snowmobile were
required to be titled.  All snowmobiles that are titled shall
be registered.
   4.  If a dealer buys or acquires a snowmobile for resale,
the dealer shall report the acquisition to the county recorder
on forms provided by the department and may apply for and
obtain a certificate of title as provided in this chapter.  If
a dealer buys or acquires a used snowmobile, the dealer may
apply for a certificate of title in the dealer's name within
thirty days.  If a dealer buys or acquires a new snowmobile
for resale, the dealer may apply for a certificate of title in
the dealer's name.
   7.  The county recorder shall maintain a record of any
certificate of title which the county recorder issues and
shall keep each certificate of title on record until the
certificate of title has been inactive for five years.  When
issuing a title for a new snowmobile, the county recorder
shall obtain and keep on file a copy of the certificate of
origin.  When issuing a title and registration for a used
snowmobile for which there is no title or registration, the
county recorder shall obtain and keep on file the affidavit
for the unregistered and untitled snowmobile.
   Sec. 22.  Section 321G.29, subsection 10, Code 2007, is
amended by striking the subsection.
   Sec. 23.  Section 321G.30, subsections 2 and 4, Code 2007,
are amended to read as follows:
   2.  If a certificate of title is lost, stolen, mutilated,
destroyed, or becomes illegible, the first lienholder or, if
there is none, the owner named in the certificate, as shown by
the county recorder's records, shall within thirty days obtain
a duplicate by applying to the county recorder.  The applicant
shall furnish information the department requires concerning
the original certificate and the circumstances of its loss,
mutilation, or destruction.  Mutilated or illegible
certificates shall be returned to the department with the
application for a duplicate.
   4.  If a lost or stolen original certificate of title for
which a duplicate has been issued is recovered, the original
shall be surrendered promptly to the department county
recorder for cancellation.
   Sec. 24.  Section 321G.32, subsection 3, Code 2007, is
amended by striking the subsection and inserting in lieu
thereof the following:
   3.  When a security interest is discharged, the secured
party shall note the cancellation of the security interest on
the face of the certificate of title and send the title by
first class mail to the office of the county recorder where
the title was issued.  If the title has been lost or
destroyed, the secured party may discharge the security
interest by sending a signed, notarized statement to the
office of the county recorder where the title was issued.  The
county recorder shall note the release of the security
interest in the county records and attach the statement to the
certificate of title as evidence of the release of the
security interest.
   Sec. 25.  NEW SECTION.  321G.34  REPEAT OFFENDER ==
RECORDS, ENFORCEMENT, AND PENALTIES.
   1.  The commission shall establish by rule a recordkeeping
system and other administrative procedures necessary to
administer this section.
   2.  A person who pleads guilty to or is convicted of a
violation of any provision of this chapter while the person's
registration privilege is suspended or revoked under
administrative procedures is guilty of a simple misdemeanor if
the person had no other violations within the previous three
years which occurred while the person's registration privilege
was suspended or revoked.
   3.  A person who pleads guilty to or is convicted of a
violation of any provision of this chapter while the person's
registration privilege is suspended or revoked under
administrative procedures is guilty of a serious misdemeanor
if the person had one other violation within the previous
three years which occurred while the person's registration
privilege was suspended or revoked.
   4.  A person who pleads guilty to or is convicted of a
violation of any provision of this chapter while the person's
registration privilege is suspended or revoked under
administrative procedures is guilty of an aggravated
misdemeanor if the person had two or more convictions within
the previous three years which occurred while the person's
registration privilege was suspended or revoked.
   5.  a.  Upon the conviction of a person of any violation of
this chapter or a rule adopted under this chapter, the court,
as a part of the judgment, may suspend or revoke one or more
snowmobile registration or user permit privileges of the
person for any definite period.
   b.  The court shall revoke all of the person's snowmobile
registrations or user permits and suspend the privilege of
procuring a registration or user permit for a period of one
year for any person who has been convicted twice within one
year of trespassing while operating a snowmobile.  A person
shall not be issued a registration or user permit during the
period of suspension or revocation.
   Sec. 26.  Section 321I.1, subsection 1, Code 2007, is
amended to read as follows:
   1.  a.  "All=terrain vehicle" means a motorized
flotation=tire vehicle with not less than three low=pressure
tires, but and not more than six low=pressure tires, or a
two=wheeled off=road motorcycle, that is limited in engine
displacement to less than eight hundred one thousand cubic
centimeters and in total dry weight to less than eight hundred
fifty one thousand pounds and that has a seat or saddle
designed to be straddled by the operator and handlebars for
steering control.
   b.  Two=wheeled off=road Off=road motorcycles shall be
considered all=terrain vehicles for the purpose of
registration.  Two=wheeled off=road 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 a two=wheeled an off=road
motorcycle is subject to provisions governing the operation of
all=terrain vehicles in this chapter, but is exempt from the
safety instruction and certification program requirements of
sections 321I.25 and 321I.26.
   c.  Off=road utility vehicles shall be considered all=
terrain vehicles for the purpose of registration, but are
exempt from the dealer registration requirements and the
titling requirements of this chapter.  An 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 instruction and
certification program requirements of sections 321I.25 and
321I.26.  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. 27.  Section 321I.1, Code 2007, is amended by adding
the following new subsections:
   NEW SUBSECTION.  5A.  "Designated riding area" means an
all=terrain vehicle riding area on any public land or ice
under the jurisdiction of the department that has been
designated by the department for all=terrain vehicle use.
   NEW SUBSECTION.  5B.  "Designated riding trail" means an
all=terrain vehicle riding trail on any public land or ice
under the jurisdiction of the department that has been
designated by the department for all=terrain vehicle use.
   NEW SUBSECTION.  5C.  "Director" means the director of the
department.
   NEW SUBSECTION.  5D.  "Direct supervision" means to provide
supervision of another person while maintaining visual and
verbal contact at all times.
   NEW SUBSECTION.  5E.  "Distributor" means a person,
resident or nonresident, who sells or distributes all=terrain
vehicles to all=terrain vehicle dealers in this state or who
maintains distributor representatives.
   NEW SUBSECTION.  9A.  "Off=road motorcycle" means a
two=wheeled motor vehicle that has a seat or saddle designed
to be straddled by the operator and handlebars for steering
control and that is intended by the manufacturer for use on
natural terrain.  "Off=road motorcycle" includes a motorcycle
that was originally issued a certificate of title and
registered for highway use under chapter 321, but which
contains design features that enable operation over natural
terrain.
   NEW SUBSECTION.  9B.  "Off=road utility vehicle" means a
motorized flotation=tire vehicle with not less than four and
not more than six low=pressure tires that is limited in engine
displacement to less than one thousand five hundred cubic
centimeters and in total dry weight to not more than one
thousand eight hundred pounds and that has a seat that is of
bench design, not intended to be straddled by the operator,
and a steering wheel for control.
   Sec. 28.  Section 321I.3, Code 2007, is amended to read as
follows:
   321I.3  REGISTRATION AND NUMBERING REQUIRED == PENALTIES.
   1.  Each all=terrain vehicle used on public land or ice of
this state shall be currently registered and numbered.  A
person shall not operate, maintain, or give permission for the
operation or maintenance of an all=terrain vehicle on public
land or ice unless the all=terrain vehicle is numbered
registered in accordance with this chapter or applicable
federal laws, or unless the all=terrain vehicle displays a
current annual user permit decal issued for the all=terrain
vehicle as provided in section 321I.5.  If the all=terrain
vehicle is required to be registered in this state, the
identifying number set forth in the registration shall be
displayed as prescribed by rules of the commission.
   2.  A registration number certificate and registration
decal shall be assigned, without payment of fee, to
all=terrain vehicles owned by the state of Iowa or its
political subdivisions upon application for the number, and
the assigned registration number.  The registration decal
shall be displayed on the all=terrain vehicle as required
under section 321I.6.  A registration number and certificate
shall be assigned, without payment of a registration fee, to
for an all=terrain vehicle which is exempt from registration
but is being titled, upon payment of a writing fee as provided
in section 321I.29 and an administrative fee.  A registration
decal displaying an audit number shall not be issued and the
registration shall not expire while the all=terrain vehicle is
exempt.  The application for registration and the registration
certificate shall indicate the reason for exemption from the
registration fee.  The registration certificate shall indicate
the reason for exemption.
   3.  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. 29.  Section 321I.4, Code 2007, is amended to read as
follows:
   321I.4  REGISTRATION WITH COUNTY RECORDER == FEE.
   1.  The owner of each all=terrain vehicle required to be
numbered registered shall register it annually with the
department through a county recorder of the county in which
the owner resides or, if the owner is a nonresident, the owner
shall register it in the county in which the all=terrain
vehicle is principally used.  The department shall develop and
maintain an electronic system for the registration of
all=terrain vehicles pursuant to this chapter.  The commission
has supervisory responsibility over department shall establish
forms and procedures as necessary for the registration of
all=terrain vehicles and shall provide each county recorder
with registration forms and certificates and shall allocate
registration numbers to each county.
   2.  The owner of the all=terrain vehicle shall file an
application for registration with the appropriate department
through a county recorder on forms provided in the manner
established by the commission.  The application shall be
completed and signed by the owner of the all=terrain vehicle
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.
   3.  Upon receipt of the application in approved form
accompanied by the required fees, the county recorder shall
enter it upon the records and shall issue to the applicant a
registration certificate and registration decal.  The
certificate shall be executed in triplicate, one copy to be
delivered to the owner, one copy to the commission, and one
copy to be retained on file by the county recorder.  The
registration certificate shall bear the number awarded to the
all=terrain vehicle and the name and address of the owner.
The registration decal shall be displayed on the all=terrain
vehicle as provided in section 321I.6.  The registration
certificate shall be carried either in the all=terrain vehicle
or on the person of the operator of the all=terrain vehicle
when in use.  The operator of an all=terrain vehicle shall
exhibit the registration certificate to a peace officer upon
request, to a person injured in an accident involving an
all=terrain vehicle, to the owner or operator of another
all=terrain vehicle or the owner of personal or real property
when the all=terrain vehicle is involved in a collision or
accident of any nature with another all=terrain vehicle or the
property of another person, or to the property owner or tenant
when the all=terrain vehicle is being operated on private
property without permission from the property owner or tenant.
   4.  If an all=terrain vehicle is placed in storage, the
owner shall return the current registration certificate to the
county recorder with an affidavit stating that the all=terrain
vehicle is placed in storage and the effective date of
storage.  The county recorder shall notify the commission of
each all=terrain vehicle placed in storage.  When the owner of
a stored all=terrain vehicle desires to renew the
registration, the owner shall make application to the county
recorder and pay the registration and writing fees without
penalty.  A refund of the registration fee shall not be
allowed for a stored all=terrain vehicle.
   Sec. 30.  Section 321I.5, Code 2007, is amended to read as
follows:
   321I.5  NONRESIDENT USER PERMITS.
   1.  A nonresident wishing to operate an all=terrain
vehicle, other than an all=terrain vehicle owned by a resident
and registered pursuant to this chapter, on public land or ice
of this state shall first obtain a user permit from the
department.  A user permit shall be issued for the all=terrain
vehicle specified at the time of application and is not
transferable.  A user permit shall be valid for the calendar
year or time period specified in the permit.
   2.  User permits may be issued by a A county recorder or a
license depositary pursuant to rules adopted by the commission
agent designated by the director pursuant to section 483A.11
may issue user permits.  The fee for a user permit shall be
fifteen dollars plus an administrative fee established by the
commission.  A county recorder or a license agent shall retain
a writing fee of one dollar from the sale of each user permit
issued by the county recorder's office as provided in section
321I.29.  The writing fees retained by the county recorder
shall be deposited in the general fund of the county.  A
license depositary designated by the director pursuant to
section 483A.11 shall retain a writing fee of one dollar from
the sale of each permit issued by the agent.
   Sec. 31.  Section 321I.6, Code 2007, is amended to read as
follows:
   321I.6  DISPLAY OF IDENTIFICATION NUMBERS REGISTRATION AND
USER PERMIT DECALS.
   The owner shall display the identification number
registration decal or nonresident user permit decal on an
all=terrain vehicle in the manner prescribed by rules of the
commission.
   Sec. 32.  Section 321I.7, Code 2007, is amended to read as
follows:
   321I.7  REGISTRATION == RENEWAL == TRANSFER.
   1.  a.  Every all=terrain vehicle registration certificate
and number registration decal issued expires at midnight
December 31 unless sooner terminated or discontinued in
accordance with this chapter or rules of the commission.
After the first day of September each year, an unregistered
all=terrain vehicle may be registered or a registration may be
renewed for the subsequent year beginning January 1.
   b.  After the first day of September an unregistered
all=terrain vehicle may be registered for the remainder of the
current registration year and for the subsequent registration
year in one transaction.  The fee shall be five dollars for
the remainder of the current year, in addition to the
registration fee of fifteen dollars for the subsequent year
beginning January 1, and a writing fee as provided in section
321I.29.  Registration certificates and numbers may be renewed
upon application of the owner in the same manner as provided
in securing the original registration.  The all=terrain
vehicle registration fee is in lieu of personal property tax
for each year of the registration.
   2.  An expired all=terrain vehicle registration may be
renewed for the same fee as if the owner is securing the
original registration plus a penalty of five dollars and a
writing fee as provided in section 321I.29.
   3.  When a person, after registering an all=terrain
vehicle, moves from the address shown on the registration
certificate, the person shall, within thirty days, notify the
county recorder in writing of the move and the person's new
address.
   4.  Upon the transfer of ownership of an all=terrain
vehicle, the owner shall complete the form on the back of the
title, if any, and registration, if any, and deliver both to
the purchaser or transferee when the all=terrain vehicle is
delivered.  If the all=terrain vehicle is not titled, the
owner shall complete the form on the back of the current
registration certificate and shall deliver the certificate to
the purchaser or transferee at the time of delivering the
all=terrain vehicle.  If the all=terrain vehicle has not been
titled and has not been registered, the owner shall deliver an
affidavit for an unregistered and untitled all=terrain vehicle
to the purchaser or transferee.  The purchaser or transferee
shall, within thirty days of transfer, file a new application
form with the county recorder with a fee of one dollar and the
writing fee, and a transfer of number shall be awarded in the
same manner as provided in an original registration.  If the
purchaser or transferee does not file a new application form
within thirty days of transfer, the transfer of number shall
be awarded upon payment of all applicable fees plus a penalty
of five dollars.
   All registrations must be valid for the current
registration period prior to the transfer of any registration,
including assignment to a dealer.
   5. 3.  Duplicate registrations may be issued upon
application to the county recorder and the payment of the same
fees collected for the transfer of registrations a five dollar
fee plus a writing fee as provided in section 321I.29.
   6. 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 instruction and certification
program.
   5.  A county recorder or a license agent designated by the
director pursuant to section 483A.11 may issue all=terrain
vehicle registration renewals electronically pursuant to rules
adopted by the commission.  The fee for a registration renewal
issued using an electronic system is fifteen dollars plus an
administrative fee established by the commission and a writing
fee as provided in section 321I.29.
   Sec. 33.  Section 321I.8, unnumbered paragraph 1, Code
2007, is amended to read as follows:
   Within ten days after the end of each month, a A county
recorder shall remit to the commission the all=terrain vehicle
fees collected by the recorder during the previous month in
the manner and time prescribed by the department.  Before
January 10 of each year, a recorder shall remit to the
commission unused license forms from the previous year.
   Sec. 34.  Section 321I.9, subsections 2, 3, and 4, Code
2007, are amended by striking the subsections.
   Sec. 35.  Section 321I.12, subsection 1, Code 2007, is
amended to read as follows:
   1.  An all=terrain vehicle shall not be operated without
suitable and effective muffling devices which limit engine
noise to not more than eighty=six decibels as measured on the
"A" scale at a distance of fifty feet.  An all=terrain vehicle
shall comply with the sound level standards and testing
procedures established by the society of automotive engineers
under SAE J1287.
   Sec. 36.  Section 321I.14, subsection 1, paragraph g, Code
2007, is amended by striking the paragraph and inserting in
lieu thereof the following:
   g.  In any park, wildlife area, preserve, refuge, game
management area, or any portion of a meandered stream, or any
portion of the bed of a nonmeandered stream which has been
identified as a navigable stream or river by rule adopted by
the department and which is covered by water, except on
designated riding areas and designated riding trails.  This
paragraph does not prohibit the use of ford crossings of
public roads or any other ford crossing when used for
agricultural purposes; the operation of construction vehicles
engaged in lawful construction, repair, or maintenance in a
streambed; or the operation of all=terrain vehicles on ice.
   Sec. 37.  Section 321I.14, Code 2007, is amended by adding
the following new subsections:
   NEW SUBSECTION.  4.  A person shall not operate an off=road
utility vehicle on a designated riding area or designated
riding trail unless the riding area or trail is signed by the
department as open to off-road utility vehicle operation.
   NEW SUBSECTION.  5.  A person shall not operate a vehicle
other than an all=terrain vehicle on a designated riding area
or designated riding trail unless the riding area or trail is
signed by the department as open to such other use.
   Sec. 38.  Section 321I.16, Code 2007, is amended to read as
follows:
   321I.16  OPERATION PENDING REGISTRATION.
   The commission shall furnish all=terrain vehicle dealers
with pasteboard cards bearing the words "registration applied
for" and space for the date of purchase.  An unregistered
all=terrain vehicle sold by a dealer shall bear one of these
cards which entitles the purchaser to operate it for ten
forty=five days immediately following the purchase.  The
purchaser of a registered all=terrain vehicle may operate it
for ten forty=five days immediately following the purchase,
without having completed a transfer of registration.  An
all=terrain vehicle dealer shall make application and pay all
registration and title fees if applicable on behalf of the
purchaser of an all=terrain vehicle.
   Sec. 39.  Section 321I.20, subsection 1, Code 2007, is
amended to read as follows:
   1.  The owner of a rented all=terrain vehicle shall keep a
record of the name and address of each person renting the
all=terrain vehicle, its registration number certificate, the
departure date and time, and the expected time of return.  The
records shall be preserved for six months.
   Sec. 40.  Section 321I.21, Code 2007, is amended to read as
follows:
   321I.21  MINORS UNDER TWELVE == SUPERVISION.
   A person under twelve years of age shall not operate an
all=terrain vehicle on public lands, including an off=road
motorcycle, on a designated riding area or designated riding
trail or on ice unless the one of the following applies:
   1.  The person is taking a prescribed safety training
course and the operation is under the direct supervision of a
certified all=terrain vehicle safety instructor. and a
   2.  The operation is under the direct supervision of a
responsible parent or guardian of at least eighteen years of
age who is experienced in all=terrain vehicle operation or
off=road motorcycle operation and who possesses a valid
driver's license as defined in section 321.1.
   Sec. 41.  Section 321I.22, subsection 2, Code 2007, is
amended to read as follows:
   2.  Any Every manufacturer, distributor, or dealer may,
upon payment of a fee of fifteen dollars, make 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.  The applicant shall pay a registration fee of
fifteen 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.
   Sec. 42.  Section 321I.22, subsections 6 and 8, Code 2007,
are amended by striking the subsections.
   Sec. 43.  Section 321I.22, subsection 9, Code 2007, is
amended to read as follows:
   9.  If the purchaser or transferee of an all=terrain
vehicle is a dealer who holds the same for resale and operates
the all=terrain vehicle only for purposes incidental to a
resale and displays the special dealer's certificate, or does
not operate the all=terrain vehicle or permit it to be
operated, the transferee is not required to obtain a new
registration certificate but upon transferring title or
interest to another person shall sign the reverse side of the
title, if any, and the registration certificate of the
all=terrain vehicle indicating the name and address of the new
purchaser.  A dealer shall make application and pay all
registration and title fees if applicable on behalf of the
purchaser of an all=terrain vehicle.  The recorder shall award
a transfer of the registration number.  If the registration
has expired while in the dealer's possession, the purchaser
may renew the registration for the same fee and writing fee as
if the purchaser is securing the original registration.
   Sec. 44.  Section 321I.22, subsection 10, Code 2007, is
amended by striking the subsection.
   Sec. 45.  Section 321I.22, Code 2007, is amended by adding
the following new subsection:
   NEW SUBSECTION.  12.  The department may adopt rules
consistent with this chapter establishing minimum requirements
for dealers.  In adopting such rules, the department shall
consider the need to protect persons, property, and the
environment and to promote uniformity of practices relating to
the sale and use of all=terrain vehicles.
   Sec. 46.  Section 321I.25, subsection 1, Code 2007, is
amended to read as follows:
   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 certificate fees under section 321I.26.
   Sec. 47.  Section 321I.26, subsections 1 and 2, Code 2007,
are amended to read as follows:
   1.  A person under 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 certificate issued by the department
and having the certificate in the person's possession.
   2.  Upon application and payment of a fee of five dollars,
a qualified applicant shall be issued a safety 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 of the commission or the director of transportation
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.
   Sec. 48.  Section 321I.29, Code 2007, is amended to read as
follows:
   321I.29  WRITING FEES.
   1.  a.  The county recorder shall collect a writing fee of
one dollar and twenty=five cents for an all=terrain vehicle
registration or for renewal of a registration by the county
recorder's office.
   b.  The county recorder shall retain a writing fee of one
dollar and twenty=five cents from the sale of each user permit
issued by the county recorder's office.
   c.  Writing fees collected or retained by the county
recorder under this chapter shall be deposited in the general
fund of the county.
   2.  a.  A license agent shall collect a writing fee of one
dollar for an all=terrain vehicle registration or for renewal
of a registration issued by the license agent.
   b.  A license agent shall retain a writing fee of one
dollar from the sale of each user permit issued by the license
agent.
   Sec. 49.  Section 321I.31, subsections 4 and 7, Code 2007,
are amended to read as follows:
   4.  If a dealer buys or acquires an all=terrain vehicle for
resale, the dealer shall report the acquisition to the county
recorder on forms provided by the department and may apply for
and obtain a certificate of title as provided in this chapter.
If a dealer buys or acquires a used all=terrain vehicle, the
dealer may apply for a certificate of title in the dealer's
name within thirty days.  If a dealer buys or acquires a new
all=terrain vehicle for resale, the dealer may apply for a
certificate of title in the dealer's name.
   7.  The county recorder shall maintain a record of any
certificate of title which the county recorder issues and
shall keep each certificate of title on record until the
certificate of title has been inactive for five years.  When
issuing a title for a new all=terrain vehicle, the county
recorder shall obtain and keep on file a copy of the
certificate of origin.  When issuing a title and registration
for a used all=terrain vehicle for which there is no title or
registration, the county recorder shall obtain and keep on
file the affidavit for the unregistered and untitled
all=terrain vehicle.
   Sec. 50.  Section 321I.31, subsection 10, Code 2007, is
amended by striking the subsection.
   Sec. 51.  Section 321I.32, subsections 2 and 4, Code 2007,
are amended to read as follows:
   2.  If a certificate of title is lost, stolen, mutilated,
destroyed, or becomes illegible, the first lienholder or, if
there is none, the owner named in the certificate, as shown by
the county recorder's records, shall within thirty days obtain
a duplicate by applying to the county recorder.  The applicant
shall furnish information the department requires concerning
the original certificate and the circumstances of its loss,
mutilation, or destruction.  Mutilated or illegible
certificates shall be returned to the department with the
application for a duplicate.
   4.  If a lost or stolen original certificate of title for
which a duplicate has been issued is recovered, the original
shall be surrendered promptly to the department county
recorder for cancellation.
   Sec. 52.  Section 321I.34, subsection 3, Code 2007, is
amended by striking the subsection and inserting in lieu
thereof the following:
   3.  When a security interest is discharged, the secured
party shall note the cancellation of the security interest on
the face of the certificate of title and send the title by
first class mail to the office of the county recorder where
the title was issued.  If the title has been lost or
destroyed, the secured party may discharge the security
interest by sending a signed, notarized statement to the
office of the county recorder where the title was issued.  The
county recorder shall note the release of the security
interest in the county records and attach the statement to the
certificate of title as evidence of the release of the
security interest.
   Sec. 53.  NEW SECTION.  321I.36  REPEAT OFFENDER ==
RECORDS, ENFORCEMENT, AND PENALTIES.
   1.  The commission shall establish by rule a recordkeeping
system and other administrative procedures necessary to
administer this section.
   2.  A person who pleads guilty to or is convicted of a
violation of any provision of this chapter while the person's
registration privilege is suspended or revoked under
administrative procedures is guilty of a simple misdemeanor if
the person had no other violations within the previous three
years which occurred while the person's registration privilege
was suspended or revoked.
   3.  A person who pleads guilty to or is convicted of a
violation of any provision of this chapter while the person's
registration privilege is suspended or revoked under
administrative procedures is guilty of a serious misdemeanor
if the person had one other violation within the previous
three years which occurred while the person's registration
privilege was suspended or revoked.
   4.  A person who pleads guilty to or is convicted of a
violation of any provision of this chapter while the person's
registration privilege is suspended or revoked under
administrative procedures is guilty of an aggravated
misdemeanor if the person had two or more convictions within
the previous three years which occurred while the person's
registration privilege was suspended or revoked.
   5.  a.  Upon the conviction of a person of any violation of
this chapter or a rule adopted under this chapter, the court,
as a part of the judgment, may suspend or revoke one or more
all=terrain vehicle registration or user permit privileges of
the person for any definite period.
   b.  The court shall revoke all of the person's all=terrain
vehicle registrations or user permits and suspend the
privilege of procuring a registration or user permit for a
period of one year for any person who has been convicted twice
within one year of trespassing while operating an all=terrain
vehicle.  A person shall not be issued a registration or user
permit during the period of suspension or revocation.
   Sec. 54.  Section 805.8B, subsection 2, Code 2007, is
amended to read as follows:
   2.  SNOWMOBILE AND ALL=TERRAIN VEHICLE VIOLATIONS.
   a.  For registration or user permit violations under
sections section 321G.3 and 321I.3, subsections 1 and 2, the
scheduled fine is twenty fifty dollars.  When the scheduled
fine is paid, the violator shall submit sufficient proof that
a valid registration or user permit has been obtained.
   b.  (1)  For operating violations under section 321G.9,
subsections 1, 2, 3, 4, 5, and 7, sections the scheduled fine
is fifty dollars.
   (2)  For operating violations under sections 321G.11, and
321G.13, subsection 1, paragraph "d", sections 321I.10,
321I.12, and 321I.14, subsection 1, paragraph "d", the
scheduled fine is twenty dollars.
   (3)  For operating violations under section 321G.13,
subsection 1, paragraphs "a", "b", "e", "f", "g", and "h", and
subsections 2 and 3, the scheduled fine is one hundred
dollars.
   c.  For improper or defective equipment under sections
section 321G.12 and 321I.13, the scheduled fine is twenty
dollars.
   d.  For violations of sections section 321G.19 and 321I.20,
the scheduled fine is twenty dollars.
   e.  For identification violations under sections section
321G.5 and 321I.6, the scheduled fine is twenty dollars.
   f.  For stop signal violations under section 321G.17, the
scheduled fine is one hundred dollars.
   g.  For violations of section 321G.20 and for safety
certificate violations under section 321G.24, subsection 1,
the scheduled fine is fifty dollars.
   h.  For violations of section 321G.21, the scheduled fine
is one hundred dollars.
   Sec. 55.  Section 805.8B, Code 2007, is amended by adding
the following new subsection:
   NEW SUBSECTION.  2A.  ALL=TERRAIN VEHICLE VIOLATIONS.
   a.  For registration or user permit violations under
section 321I.3, subsections 1 and 2, the scheduled fine is
fifty dollars.
   b.  (1)  For operating violations under sections 321I.12
and 321I.14, subsection 1, paragraph "d", the scheduled fine
is twenty dollars.
   (2)  For operating violations under section 321I.10,
subsections 1 and 4, the scheduled fine is fifty dollars.
   (3)  For operating violations under section 321I.14,
subsection 1, paragraphs "a", "e", "f", "g", and "h", and
subsections 2, 3, 4, and 5, the scheduled fine is one hundred
dollars.
   c.  For improper or defective equipment under section
321I.13, the scheduled fine is twenty dollars.
   d.  For violations of section 321I.20, the scheduled fine
is twenty dollars.
   e.  For identification violations under section 321I.6, the
scheduled fine is twenty dollars.
   f.  For stop signal violations under section 321I.18, the
scheduled fine is one hundred dollars.
   g.  For violations of section 321I.21 and for safety
certificate violations under section 321I.26, subsection 1,
the scheduled fine is fifty dollars.
   h.  For violations of section 321I.22, the scheduled fine
is one hundred dollars.


                                                            
                              PATRICK J. MURPHY
                              Speaker of the House


                                                            
                              JOHN P. KIBBIE
                              President of the Senate

   I hereby certify that this bill originated in the House and
is known as House File 742, Eighty=second General Assembly.


                                                            
                              MARK BRANDSGARD
                              Chief Clerk of the House
Approved                , 2007


                           
CHESTER J. CULVER
Governor