Text: SSB3049            Text: SSB3051


Senate Study Bill 3050

SENATE/HOUSE FILE BY (PROPOSED DEPARTMENT OF NATURAL RESOURCES BILL) A BILL FOR 1 An Act relating to the regulation of snowmobiles, all=terrain 2 vehicles, and watercraft by the department of natural 3 resources, establishing fees, and making penalties 4 applicable. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5210DP (9) 84 dea/nh PAG LIN 1 1 Section 1. Section 321G.1, Code 2011, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 5A. "Designated snowmobile trail" means 1 4 a snowmobile riding trail on any public land, private land, 1 5 or public ice that has been designated by the department, 1 6 a political subdivision, or a controlling authority for 1 7 snowmobile use. 1 8 NEW SUBSECTION. 5B. "Direct supervision" means to provide 1 9 supervision of another person while maintaining visual and 1 10 verbal contact at all times. 1 11 NEW SUBSECTION. 11A. "Nonresident" means a person who is 1 12 not a resident of this state. 1 13 NEW SUBSECTION. 15A. "Public ice" means any frozen, 1 14 navigable waters within the territorial limits of this state 1 15 and the frozen marginal river areas adjacent to this state, 1 16 other than farm ponds, that are under the jurisdiction of the 1 17 commission. 1 18 NEW SUBSECTION. 16A. "Public water" means any navigable 1 19 waters within the territorial limits of this state and the 1 20 marginal river areas adjacent to this state, other than farm 1 21 ponds, that are under the jurisdiction of the commission. 1 22 NEW SUBSECTION. 17A. "Resident" means as defined in section 1 23 483A.1A. 1 24 Sec. 2. Section 321G.1, subsections 19 and 21, Code 2011, 1 25 are amended to read as follows: 1 26 19. "Safety "Education certificate" means a snowmobile 1 27 safety education certificate, approved by the commission, which 1 28 is issued to a qualified applicant who is twelve years of age 1 29 or older. 1 30 21. "Special event" means an organized race, exhibition, or 1 31 demonstration of limited duration which is conducted on public 1 32 land, or public ice, or a designated snowmobile trail under 1 33 the jurisdiction of the commission according to a prearranged 1 34 schedule and in which general public interest is manifested. 1 35 Sec. 3. Section 321G.1, Code 2011, is amended by adding the 2 1 following new subsection: 2 2 NEW SUBSECTION. 23. "Water skipping" means the operation 2 3 of a snowmobile on the surface of water by utilizing the skis, 2 4 track, and bottom surface area of the snowmobile for flotation 2 5 while the snowmobile is in motion. 2 6 Sec. 4. Section 321G.2, subsection 1, paragraphs c, e, and 2 7 f, Code 2011, are amended to read as follows: 2 8 c. Use of snowmobiles on designated snowmobile trails and 2 9 public lands under the jurisdiction of the commission. 2 10 e. Establishment of a program of grants, subgrants, 2 11 and contracts to be administered by the department for the 2 12 development, maintenance, signing, and operation of designated 2 13 snowmobile trails and the operation of grooming equipment by 2 14 political subdivisions and incorporated private organizations. 2 15 f. Issuance of safety education certificates. 2 16 Sec. 5. Section 321G.2, subsection 1, Code 2011, is amended 2 17 by adding the following new paragraph: 2 18 NEW PARAGRAPH. l. Maintenance, signing, and operation of 2 19 designated snowmobile trails. 2 20 Sec. 6. Section 321G.3, Code 2011, is amended to read as 2 21 follows: 2 22 321G.3 Registration required == penalties. 2 23 1. Each snowmobile used on public land or, public ice, or a 2 24 designated snowmobile trail of this state shall be currently 2 25 registered. A person shall not operate, maintain, or give 2 26 permission for the operation or maintenance of a snowmobile 2 27 on public land or, public ice, or a designated snowmobile 2 28 trail unless the snowmobile is registered in accordance with 2 29 this chapter or applicable federal laws or the snowmobile 2 30 displays a current annual user permit decal issued for the 2 31 snowmobile as provided in section 321G.4A in accordance with 2 32 an approved numbering system of another state and the evidence 2 33 of registration is in full force and effect. A snowmobile 2 34 registered in another state must also be issued a user permit 2 35 in this state in accordance with this chapter. 3 1 2. A registration certificate and registration decal shall 3 2 be assigned, without payment of fee, to snowmobiles owned 3 3 by the state of Iowa or its political subdivisions. The 3 4 registration decal shall be displayed on the snowmobile as 3 5 required under section 321G.5. A registration certificate 3 6 shall be assigned, without payment of a registration fee, for 3 7 a snowmobile which is exempt from registration but is being 3 8 titled, upon payment of a writing fee as provided in section 3 9 321G.27 and an administrative fee. A registration decal shall 3 10 not be issued and the registration shall not expire while the 3 11 snowmobile is exempt. The application for registration and 3 12 the registration certificate shall indicate the reason for 3 13 exemption from the registration fee. 3 14 3. 2. A violation of subsection 1 or 2 is punishable as 3 15 a scheduled violation under section 805.8B, subsection 2, 3 16 paragraph "a". When the scheduled fine is paid, the violator 3 17 shall submit proof to the department that a valid registration 3 18 or user permit has been obtained by providing a copy of the 3 19 registration or user permit to the department within thirty 3 20 days of the date the fine is paid. A person who violates this 3 21 subsection is guilty of a simple misdemeanor. 3 22 Sec. 7. Section 321G.4, subsection 2, Code 2011, is amended 3 23 to read as follows: 3 24 2. The owner of the snowmobile shall file an application for 3 25 registration with the department through a the county recorder 3 26 of the county of residence, or in the case of a nonresident 3 27 owner, in the county of primary use, in the manner established 3 28 by the commission. The application shall be completed by the 3 29 owner and shall be accompanied by a fee of fifteen dollars and 3 30 a writing fee as provided in section 321G.27. A snowmobile 3 31 shall not be registered by the county recorder until the 3 32 county recorder is presented with receipts, bills of sale, 3 33 or other satisfactory evidence that the sales or use tax has 3 34 been paid for the purchase of the snowmobile or that the 3 35 owner is exempt from paying the tax. A snowmobile that has 4 1 an expired registration certificate from another state may be 4 2 registered in this state upon proper application, payment of 4 3 all applicable registration and writing fees, and payment of a 4 4 penalty of five dollars. 4 5 Sec. 8. Section 321G.4A, subsection 1, Code 2011, is amended 4 6 to read as follows: 4 7 1. A nonresident wishing to operate a snowmobile, other than 4 8 a snowmobile registered pursuant to this chapter, on public 4 9 land, or public ice, or a designated snowmobile trail of this 4 10 state shall first obtain a user permit from the department. A 4 11 user permit shall be issued for the use on only one snowmobile 4 12 specified at the time of application and is not transferable. 4 13 A user permit shall be valid for the calendar year or time 4 14 period specified in the permit. 4 15 Sec. 9. Section 321G.6, subsection 3, Code 2011, is amended 4 16 to read as follows: 4 17 3. Duplicate registrations may be issued upon application 4 18 to the by a county recorder and or a license agent upon the 4 19 payment of a five dollar fee plus a writing fee as provided in 4 20 section 321G.27. 4 21 Sec. 10. Section 321G.7, subsection 1, Code 2011, is amended 4 22 to read as follows: 4 23 1. A county recorder or license agent shall remit to the 4 24 commission the snowmobile fees collected by the recorder 4 25 or license agent in the manner and time prescribed by the 4 26 department. 4 27 Sec. 11. Section 321G.8, subsection 1, Code 2011, is amended 4 28 to read as follows: 4 29 1. Snowmobiles owned and used by the United States, this 4 30 state, or another state, or by a political governmental 4 31 subdivision of another state thereof, and used for enforcement, 4 32 search and rescue, or official research and studies, but not 4 33 for recreational or commercial purposes. 4 34 Sec. 12. Section 321G.9, subsection 6, Code 2011, is amended 4 35 by striking the subsection. 5 1 Sec. 13. Section 321G.10, Code Supplement 2011, is amended 5 2 to read as follows: 5 3 321G.10 Accident reports. 5 4 If a snowmobile is involved in an accident resulting in 5 5 injury or death to anyone or property damage amounting to one 5 6 thousand five hundred dollars or more, either the operator 5 7 or someone acting for the operator shall immediately notify 5 8 the county sheriff or another law enforcement agency in the 5 9 state. If the accident occurred on public land, or public 5 10 ice, or a designated snowmobile trail under the jurisdiction 5 11 of the commission, the operator shall file with the commission 5 12 a report of the accident, within seventy=two hours, containing 5 13 information as the commission may require. All other accidents 5 14 shall be reported as required under section 321.266. 5 15 Sec. 14. Section 321G.12, Code 2011, is amended to read as 5 16 follows: 5 17 321G.12 Headlamp ==== tail lamp Headlight ==== taillight ==== 5 18 brakes. 5 19 Every snowmobile shall be equipped with at least one 5 20 headlamp headlight and one tail lamp taillight. Every 5 21 snowmobile shall be equipped with brakes. 5 22 Sec. 15. Section 321G.13, subsection 1, paragraph f, Code 5 23 2011, is amended to read as follows: 5 24 f. On any public land, public ice, or snow designated 5 25 snowmobile trail, in violation of official signs of the 5 26 commission prohibiting such operation in the interest of 5 27 safety for persons, property, or the environment. Any officer 5 28 appointed by the commission may post an official sign in an 5 29 emergency for the protection of persons, property, or the 5 30 environment. 5 31 Sec. 16. Section 321G.13, subsection 1, Code 2011, is 5 32 amended by adding the following new paragraph: 5 33 NEW PARAGRAPH. i. Upon the surface of any public water in a 5 34 maneuver known as water skipping. This paragraph "i" does not 5 35 apply to operation on rivers or streams between November 1 and 6 1 April 1. 6 2 Sec. 17. Section 321G.13, subsection 3, Code 2011, is 6 3 amended to read as follows: 6 4 3. A person shall not drive or operate a snowmobile 6 5 on public land or a designated snowmobile trail without a 6 6 measurable snow cover. 6 7 Sec. 18. Section 321G.17, Code 2011, is amended to read as 6 8 follows: 6 9 321G.17 Violation of stop signal. 6 10 A person, after having who has received a visual or audible 6 11 signal from a peace officer to come to a stop, shall not 6 12 operate a snowmobile in willful or wanton disregard of the 6 13 signal, or interfere with or endanger the officer or any other 6 14 person or vehicle, or increase speed, or attempt to flee or 6 15 elude the officer. 6 16 Sec. 19. Section 321G.20, Code 2011, is amended to read as 6 17 follows: 6 18 321G.20 Minors under twelve Operation by minors. 6 19 1. An owner or operator of a snowmobile shall not permit 6 20 a person under twelve years of age to operate and a person 6 21 less than twelve years of age shall not operate, a snowmobile 6 22 on a designated snowmobile trail, public land, or public ice 6 23 except when accompanied on the same snowmobile by a responsible 6 24 person of at least eighteen years of age who is experienced 6 25 in snowmobile operation and who possesses a valid driver's 6 26 license, as defined in section 321.1, or a safety an education 6 27 certificate issued under this chapter. 6 28 2. While operating a snowmobile on a designated snowmobile 6 29 trail, public land, or public ice, a person twelve through 6 30 fifteen years of age and possessing a valid education 6 31 certificate must be under the direct supervision of a parent, 6 32 guardian, or another adult authorized by the parent or 6 33 guardian, who is experienced in snowmobile operation and 6 34 possesses a valid driver's license, as defined in section 6 35 321.1, or an education certificate issued under this chapter. 7 1 3. A person under eighteen years of age but over the age of 7 2 fifteen shall not operate a snowmobile on or across a public 7 3 highway unless the person has in the person's possession an 7 4 education certificate issued to the person pursuant to this 7 5 chapter. 7 6 Sec. 20. Section 321G.21, subsections 1 through 5, Code 7 7 2011, are amended to read as follows: 7 8 1. A manufacturer, distributor, or dealer owning a 7 9 snowmobile required to be registered under this chapter 7 10 may operate the snowmobile for purposes of transporting, 7 11 testing, demonstrating, or selling it without the snowmobile 7 12 being registered, except that a special identification 7 13 number registration decal issued to the owner as provided 7 14 in this chapter shall be displayed on the snowmobile in the 7 15 manner prescribed by rules of the commission. The special 7 16 identification number registration decal shall not be used 7 17 on a snowmobile offered for hire or for any work or service 7 18 performed by a manufacturer, distributor, or dealer. 7 19 2. Every manufacturer, distributor, or dealer shall 7 20 register with the department by making application to the 7 21 commission, upon forms prescribed by the commission, for 7 22 a special registration certificate containing a general 7 23 identification number and for one or more duplicate special 7 24 registration certificates and decal. The applicant shall pay 7 25 a registration fee of fifteen forty=five dollars and submit 7 26 reasonable proof of the applicant's status as a bona fide 7 27 manufacturer, distributor, or dealer as may be required by the 7 28 commission. 7 29 3. The commission, upon granting an application, shall 7 30 issue to the applicant a special registration certificate 7 31 containing and decal. The special registration certificate 7 32 shall contain the applicant's name, and address, the and 7 33 general identification number; assigned to the applicant, the 7 34 word "manufacturer", "dealer", or "distributor",; and other 7 35 information the commission prescribes. The manufacturer, 8 1 distributor, or dealer shall have the assigned number printed 8 2 upon or attached to a removable sign or signs which may be 8 3 temporarily but firmly mounted or attached to the snowmobile 8 4 being used. The display shall meet the requirements of this 8 5 chapter and the rules of the commission. 8 6 4. The commission shall also issue duplicate special 8 7 registration certificates and decals which shall have displayed 8 8 thereon the general identification number assigned to the 8 9 applicant. Each duplicate registration certificate so issued 8 10 shall contain a number or symbol identifying it from every 8 11 other duplicate special registration certificate bearing the 8 12 same general identification number. A county recorder may 8 13 issue duplicate special registration certificates and decals 8 14 electronically pursuant to rules adopted by the commission. 8 15 The fee for each additional duplicate special registration 8 16 certificate and decal shall be two five dollars, plus a writing 8 17 fee. 8 18 5. Each special registration certificate issued hereunder 8 19 under this section shall be for a period of three years and 8 20 shall expire on December 31 of each the renewal year, and 8 21 a. A new special registration certificate for the ensuing 8 22 twelve months three=year renewal period may be obtained upon 8 23 application to the commission and payment of the fee provided 8 24 by law. A county recorder may issue special registration 8 25 certificate renewals electronically pursuant to rules adopted 8 26 by the commission. 8 27 Sec. 21. Section 321G.23, Code 2011, is amended to read as 8 28 follows: 8 29 321G.23 Course of instruction. 8 30 1. The commission shall provide, by rules adopted pursuant 8 31 to section 321G.2, for the establishment of certified courses 8 32 of instruction to be conducted throughout the state for the 8 33 safe use and operation of snowmobiles. The curriculum shall 8 34 include instruction in the lawful and safe use, operation, and 8 35 equipping of snowmobiles consistent with this chapter and rules 9 1 adopted by the commission and the director of transportation 9 2 and other matters the commission deems pertinent for a 9 3 qualified snowmobile operator. The commission may establish 9 4 a fee for the course which shall not exceed the actual cost of 9 5 instruction minus moneys received by the department from safety 9 6 education certificate fees under section 321G.24. 9 7 2. The commission may certify any experienced, qualified 9 8 operator to be an instructor of a class established under 9 9 subsection 1. Each instructor shall be at least eighteen years 9 10 of age. 9 11 3. Upon completion of the course of instruction, the 9 12 commission shall provide for the administration of a written 9 13 test to any student who wishes to qualify for a safety an 9 14 education certificate. 9 15 4. The commission shall provide safety education material 9 16 relating to the operation of snowmobiles for the use of 9 17 nonpublic or public elementary and secondary schools in this 9 18 state. 9 19 5. The department may develop requirements and standards 9 20 for online education offerings. Only vendors who have entered 9 21 into a memorandum of understanding with the department 9 22 shall be permitted to offer an online course that results 9 23 in the issuance of an education certificate approved by the 9 24 commission. Vendors may charge for their courses and collect 9 25 the education certificate fee required under section 321G.24, 9 26 subsection 2, on behalf of the department as agreed to in the 9 27 memorandum of understanding. 9 28 Sec. 22. Section 321G.24, Code 2011, is amended to read as 9 29 follows: 9 30 321G.24 Safety Education certificate ==== fee. 9 31 1. A person under eighteen years of age shall not 9 32 operate a snowmobile on public land, or public ice, a 9 33 designated snowmobile trail, or land purchased with snowmobile 9 34 registration funds in this state without obtaining a valid 9 35 safety education certificate issued approved by the department 10 1 and having the certificate in the person's possession, 10 2 unless the person is accompanied on the same snowmobile by 10 3 a responsible person of at least eighteen years of age who 10 4 is experienced in snowmobile operation and possesses a valid 10 5 driver's license, as defined in section 321.1, or a safety an 10 6 education certificate issued under this chapter. 10 7 2. Upon application successful completion of the course 10 8 and payment of a fee of five dollars, a qualified applicant 10 9 shall be issued a safety an education certificate which is 10 10 valid until the certificate is suspended or revoked by the 10 11 director for a violation of a provision of this chapter or a 10 12 rule adopted pursuant to this chapter. The application shall 10 13 be made on forms issued by the commission and shall contain 10 14 information as the commission may reasonably require. 10 15 3. Any person who is required to have a safety an education 10 16 certificate under this chapter and who has completed a course 10 17 of instruction established under section 321G.2, subsection 10 18 1, paragraph "j", including the successful passage of an 10 19 examination which includes a written test relating to such 10 20 course of instruction, shall be considered qualified to receive 10 21 a safety an education certificate. 10 22 4. The permit certificate fees collected under this section 10 23 shall be credited to the special snowmobile fund created under 10 24 section 321G.7 and shall be used for safety and educational 10 25 programs. 10 26 5. A valid snowmobile safety or education certificate or 10 27 license issued to a nonresident by a governmental authority 10 28 of another state shall be considered a valid certificate or 10 29 license in this state if the permit certification or license 10 30 licensing requirements of the governmental authority, excluding 10 31 fees, are substantially the same as the requirements of this 10 32 chapter as determined by the commission. 10 33 Sec. 23. Section 321G.25, Code 2011, is amended to read as 10 34 follows: 10 35 321G.25 Stopping and inspecting ==== warnings. 11 1 A peace officer may stop and inspect a snowmobile operated, 11 2 parked, or stored on public streets, highways, public lands, 11 3 or frozen waters public ice, or designated snowmobile trails 11 4 of the state to determine if the snowmobile is registered, 11 5 numbered, or equipped as required by this chapter and 11 6 commission rules. The officer shall not inspect an area that 11 7 is not essential to determine compliance with the requirements. 11 8 If the officer determines that the snowmobile is not in 11 9 compliance, the officer may issue a warning memorandum to the 11 10 operator and forward a copy to the commission. The warning 11 11 memorandum shall indicate the items found not in compliance and 11 12 shall direct the owner or operator of the snowmobile to have 11 13 the snowmobile in compliance and return a copy of the warning 11 14 memorandum with the proof of compliance to the commission 11 15 within fourteen days. If the proof of compliance is not 11 16 provided within fourteen days, the owner or operator is in 11 17 violation of this chapter. 11 18 Sec. 24. Section 321G.26, Code 2011, is amended to read as 11 19 follows: 11 20 321G.26 Termination of use. 11 21 A person who receives a warning memorandum for a snowmobile 11 22 shall stop using the snowmobile as soon as possible and shall 11 23 not operate it on public streets, highways, public lands, or 11 24 frozen waters public ice, or designated snowmobile trails of 11 25 the state until the snowmobile is in compliance. 11 26 Sec. 25. Section 321G.27, subsection 1, Code 2011, is 11 27 amended by adding the following new paragraph: 11 28 NEW PARAGRAPH. 0c. The county recorder shall collect 11 29 a writing fee of one dollar and twenty=five cents for each 11 30 duplicate special registration certificate issued by the county 11 31 recorder's office. 11 32 Sec. 26. Section 321G.29, subsection 8, Code Supplement 11 33 2011, is amended to read as follows: 11 34 8. Once titled, a person shall not sell or transfer 11 35 ownership of a snowmobile without delivering to the purchaser 12 1 or transferee a certificate of title with an assignment on it 12 2 showing title in the purchaser or transferee purchaser's or 12 3 transferee's name. A person shall not purchase or otherwise 12 4 acquire a snowmobile without obtaining a certificate of title 12 5 for it in that person's name. 12 6 Sec. 27. Section 321G.31, subsection 1, Code 2011, is 12 7 amended to read as follows: 12 8 1. If ownership of a snowmobile is transferred by 12 9 operation of law, such as by inheritance, order in bankruptcy, 12 10 insolvency, replevin, or execution sale, the transferee, within 12 11 thirty days after acquiring the right to possession of the 12 12 snowmobile, shall mail or deliver to the county recorder of 12 13 the transferee's county of residence satisfactory proof of 12 14 ownership as the county recorder requires, together with an 12 15 application for a new certificate of title, and the required 12 16 fee. 12 17 Sec. 28. Section 321G.33, subsections 1 and 3, Code 2011, 12 18 are amended to read as follows: 12 19 1. The department may assign a distinguishing number to 12 20 a snowmobile when the serial number on the snowmobile is 12 21 destroyed or obliterated and issue to the owner a special 12 22 plate decal bearing the distinguishing number which shall be 12 23 affixed to the snowmobile in a position to be determined by 12 24 the department. The snowmobile shall be registered and titled 12 25 under the distinguishing number in lieu of the former serial 12 26 number. Every snowmobile shall have a vehicle identification 12 27 number assigned and affixed as required by the department. 12 28 3. A person shall not destroy, remove, alter, cover, or 12 29 deface the manufacturer's vehicle identification number, the 12 30 plate or decal bearing it, or any vehicle identification number 12 31 the department assigns to a snowmobile without the department's 12 32 permission. 12 33 Sec. 29. Section 321I.1, subsection 1, paragraph b, Code 12 34 2011, is amended to read as follows: 12 35 b. Off=road motorcycles shall be considered all=terrain 13 1 vehicles for the purpose of registration. Off=road motorcycles 13 2 shall also be considered all=terrain vehicles for the purpose 13 3 of titling if a title has not previously been issued pursuant 13 4 to chapter 321. An operator of an off=road motorcycle is 13 5 subject to provisions governing the operation of all=terrain 13 6 vehicles in this chapter, but is exempt from the safety 13 7 education instruction and certification program requirements of 13 8 sections 321I.25 and 321I.26. 13 9 Sec. 30. Section 321I.1, subsections 6, 7, and 16, Code 13 10 2011, are amended to read as follows: 13 11 6. "Designated riding area" means an all=terrain vehicle 13 12 riding area on any public land or public ice under the 13 13 jurisdiction of the department that has been designated by the 13 14 department for all=terrain vehicle use. 13 15 7. "Designated riding trail" means an all=terrain vehicle 13 16 riding trail on any public land, private land, or public 13 17 ice under the jurisdiction of the department that has been 13 18 designated by the department, a political subdivision, or a 13 19 controlling authority for all=terrain vehicle use. 13 20 16. a. "Off=road utility vehicle" means a motorized 13 21 flotation=tire or tracked vehicle with not less than four 13 22 and not more than eight low=pressure tires or tracks that is 13 23 limited in engine displacement to less than one thousand five 13 24 hundred cubic centimeters and in total dry weight to not more 13 25 than one thousand eight hundred pounds and that has a seat that 13 26 is of bucket or bench design, not intended to be straddled 13 27 by the operator, and a steering wheel or control levers for 13 28 control. 13 29 b. An owner of an off=road utility vehicle may register 13 30 or title an off=road utility vehicle in order to legally 13 31 operate the off=road vehicle on public ice, a designated 13 32 riding area, or a designated riding trail. The operator of an 13 33 off=road utility vehicle is subject to provisions governing 13 34 the operation of all=terrain vehicles in section 321.234A, and 13 35 this chapter, and administrative rules, but is exempt from 14 1 the safety education instruction and certification program 14 2 requirements of sections 321I.25 and 321I.26. An operator of 14 3 an off=road utility vehicle shall not operate the vehicle on a 14 4 designated riding area or designated riding trail unless the 14 5 department has posted signage indicating the riding area or 14 6 trail is open to the operation of off=road utility vehicles. 14 7 Off=road utility vehicles are exempt from subject to the dealer 14 8 registration and titling requirements of this chapter. A 14 9 motorized vehicle that was previously titled or is currently 14 10 titled under chapter 321 shall not be registered or operated 14 11 as an off=road utility vehicle. 14 12 Sec. 31. Section 321I.1, Code 2011, is amended by adding the 14 13 following new subsection: 14 14 NEW SUBSECTION. 20A. "Public ice" means any frozen, 14 15 navigable waters within the territorial limits of this state 14 16 and the frozen marginal river areas adjacent to this state, 14 17 other than farm ponds, that are under the jurisdiction of the 14 18 commission. 14 19 Sec. 32. Section 321I.1, subsections 23, 25, and 27, Code 14 20 2011, are amended to read as follows: 14 21 23. "Resident" means a person who meets the requirements 14 22 for residency described in section 321.1A as defined in section 14 23 483A.1A. 14 24 25. "Safety Education certificate" means an all=terrain 14 25 vehicle safety education certificate, approved by the 14 26 commission, which is issued to a qualified applicant who is 14 27 twelve years of age or older. 14 28 27. "Special event" means an organized race, exhibition, 14 29 or demonstration of limited duration which is conducted on 14 30 public land, or public ice, or a designated riding trail under 14 31 the jurisdiction of the commission according to a prearranged 14 32 schedule and in which general public interest is manifested. 14 33 Sec. 33. Section 321I.2, subsection 1, paragraph f, Code 14 34 2011, is amended to read as follows: 14 35 f. Issuance of safety education certificates. 15 1 Sec. 34. Section 321I.3, Code 2011, is amended to read as 15 2 follows: 15 3 321I.3 Registration required == penalties. 15 4 1. Each all=terrain vehicle used on public land, or public 15 5 ice, or a designated riding trail of this state shall be 15 6 currently registered. A person shall not operate, maintain, 15 7 or give permission for the operation or maintenance of an 15 8 all=terrain vehicle on public land, or public ice, or a 15 9 designated riding trail unless the all=terrain vehicle is 15 10 registered in accordance with this chapter or applicable 15 11 federal laws or the all=terrain vehicle displays a current 15 12 annual user permit decal issued for the all=terrain vehicle 15 13 as provided in section 321I.5 in accordance with an approved 15 14 numbering system of another state and the evidence of 15 15 registration is in full force and effect. An all=terrain 15 16 vehicle registered in another state must also be issued a user 15 17 permit in this state in accordance with this chapter. 15 18 2. A registration certificate and registration decal 15 19 shall be assigned, without payment of fee, to all=terrain 15 20 vehicles owned by the state of Iowa or its political 15 21 subdivisions. The registration decal shall be displayed on 15 22 the all=terrain vehicle as required under section 321I.6. A 15 23 registration certificate shall be assigned, without payment 15 24 of a registration fee, for an all=terrain vehicle which is 15 25 exempt from registration but is being titled, upon payment 15 26 of a writing fee as provided in section 321I.29 and an 15 27 administrative fee. A registration decal shall not be issued 15 28 and the registration shall not expire while the all=terrain 15 29 vehicle is exempt. The application for registration and 15 30 the registration certificate shall indicate the reason for 15 31 exemption from the registration fee. 15 32 3. 2. A violation of subsection 1 or 2 is punishable as 15 33 a scheduled violation under section 805.8B, subsection 2A, 15 34 paragraph "a". When the scheduled fine is paid, the violator 15 35 shall submit proof to the department that a valid registration 16 1 or user permit has been obtained by providing a copy of the 16 2 registration or user permit to the department within thirty 16 3 days of the date the fine is paid. A person who violates this 16 4 subsection is guilty of a simple misdemeanor. 16 5 Sec. 35. Section 321I.4, subsection 2, Code 2011, is amended 16 6 to read as follows: 16 7 2. The owner of the all=terrain vehicle shall file an 16 8 application for registration with the department through a the 16 9 county recorder of the county of residence, or in the case 16 10 of a nonresident owner, in the county of primary use, in the 16 11 manner established by the commission. The application shall 16 12 be completed by the owner and shall be accompanied by a fee 16 13 of fifteen dollars and a writing fee as provided in section 16 14 321I.29. An all=terrain vehicle shall not be registered by the 16 15 county recorder until the county recorder is presented with 16 16 receipts, bills of sale, or other satisfactory evidence that 16 17 the sales or use tax has been paid for the purchase of the 16 18 all=terrain vehicle or that the owner is exempt from paying the 16 19 tax. An all=terrain vehicle that has an expired registration 16 20 certificate from another state may be registered in this state 16 21 upon proper application, payment of all applicable registration 16 22 and writing fees, and payment of a penalty of five dollars. 16 23 Sec. 36. Section 321I.5, subsection 1, Code 2011, is amended 16 24 to read as follows: 16 25 1. A nonresident wishing to operate an all=terrain vehicle, 16 26 other than an all=terrain vehicle owned by a resident and 16 27 registered pursuant to this chapter, on public land, or public 16 28 ice, or a designated riding trail of this state shall first 16 29 obtain a user permit from the department. A user permit shall 16 30 be issued for the use on only one all=terrain vehicle specified 16 31 at the time of application and is not transferable. A user 16 32 permit shall be valid for the calendar year or time period 16 33 specified in the permit. 16 34 Sec. 37. Section 321I.7, subsections 3 and 4, Code 2011, are 16 35 amended to read as follows: 17 1 3. Duplicate registrations may be issued upon application 17 2 to the by a county recorder or a license agent and the payment 17 3 of a five dollar fee plus a writing fee as provided in section 17 4 321I.29. 17 5 4. A motorcycle, as defined in section 321.1, subsection 17 6 40, paragraph "a", may be registered as an all=terrain vehicle 17 7 as provided in this section. A motorcycle registered as an 17 8 all=terrain vehicle may participate in all programs established 17 9 for all=terrain vehicles under this chapter except for the 17 10 safety education instruction and certification program. 17 11 Sec. 38. Section 321I.8, Code 2011, is amended to read as 17 12 follows: 17 13 321I.8 Fees remitted to commission ==== appropriation. 17 14 1. A county recorder or license agent shall remit to the 17 15 commission the all=terrain vehicle fees collected by the 17 16 recorder or license agent in the manner and time prescribed by 17 17 the department. 17 18 2. The department shall remit the fees, including user 17 19 fees collected pursuant to section 321I.5, to the treasurer 17 20 of state, who shall place the money in a special all=terrain 17 21 vehicle fund. The money is appropriated to the department for 17 22 the all=terrain vehicle programs of the state. The programs 17 23 shall include grants, subgrants, contracts, or cost=sharing 17 24 of all=terrain vehicle programs with political subdivisions 17 25 or incorporated private organizations or both in accordance 17 26 with rules adopted by the commission. All=terrain vehicle fees 17 27 may be used for the establishment, maintenance, and operation 17 28 of all=terrain vehicle recreational riding areas through the 17 29 awarding of grants administered by the department. All=terrain 17 30 vehicle recreational riding areas established, maintained, or 17 31 operated by the use of such grants shall not be operated for 17 32 profit. All programs using cost=sharing, grants, subgrants, or 17 33 contracts shall establish and implement a safety an education 17 34 instruction program either singly or in cooperation with other 17 35 all=terrain vehicle programs. All=terrain vehicle fees may 18 1 be used to support all=terrain vehicle programs on a usage 18 2 basis. At least fifty percent of the special fund shall be 18 3 available for political subdivisions or incorporated private 18 4 organizations or both. Moneys from the special fund not 18 5 used by the political subdivisions or incorporated private 18 6 organizations or both shall remain in the fund and may be used 18 7 by the department for the administration of the all=terrain 18 8 vehicle programs. Notwithstanding section 8.33, moneys in the 18 9 special fund shall not revert to the general fund of the state 18 10 at the end of a fiscal year. Notwithstanding section 12C.7, 18 11 subsection 2, interest or earnings on moneys in the special 18 12 fund shall remain in the fund. 18 13 Sec. 39. Section 321I.9, subsection 1, Code 2011, is amended 18 14 to read as follows: 18 15 1. All=terrain vehicles owned and used by the United States, 18 16 this state, or another state, or by a political governmental 18 17 subdivision of another state thereof, and used for enforcement, 18 18 search and rescue, or official research and studies, but not 18 19 for recreational or commercial purposes. 18 20 Sec. 40. Section 321I.11, Code Supplement 2011, is amended 18 21 to read as follows: 18 22 321I.11 Accident reports. 18 23 If an all=terrain vehicle is involved in an accident 18 24 resulting in injury or death to anyone or property damage 18 25 amounting to one thousand five hundred dollars or more, 18 26 either the operator or someone acting for the operator 18 27 shall immediately notify the county sheriff or another law 18 28 enforcement agency in the state. If the accident occurred 18 29 on public land, or public ice, or a designated riding trail 18 30 under the jurisdiction of the commission, the operator shall 18 31 file with the commission a report of the accident, within 18 32 seventy=two hours, containing information as the commission may 18 33 require. All other accidents shall be reported as required 18 34 under section 321.266. 18 35 Sec. 41. Section 321I.13, Code 2011, is amended to read as 19 1 follows: 19 2 321I.13 Headlamp ==== tail lamp Headlight ==== taillight ==== 19 3 brakes. 19 4 Every all=terrain vehicle operated during the hours of 19 5 darkness shall display a lighted headlamp headlight and tail 19 6 lamp taillight. Every all=terrain vehicle shall be equipped 19 7 with brakes. 19 8 Sec. 42. Section 321I.14, subsection 1, paragraph f, Code 19 9 2011, is amended to read as follows: 19 10 f. On any public land, public ice, or snow designated 19 11 riding trail, in violation of official signs of the commission 19 12 prohibiting such operation in the interest of safety for 19 13 persons, property, or the environment. Any officer appointed 19 14 by the commission may post an official sign in an emergency for 19 15 the protection of persons, property, or the environment. 19 16 Sec. 43. Section 321I.17, Code 2011, is amended to read as 19 17 follows: 19 18 321I.17 Special events. 19 19 The department may authorize the holding of organized 19 20 special events as defined in this chapter within this state. 19 21 The department shall adopt rules relating to the conduct of 19 22 special events held under department permits and designating 19 23 the equipment and facilities necessary for the safe operation 19 24 of all=terrain vehicles or, off=road motorcycles, and off=road 19 25 utility vehicles and for the safety of operators, participants, 19 26 and observers in the special events. A special event for 19 27 all=terrain vehicles may include motorcycles upon payment 19 28 of require an entrance fee set by the organizer of the 19 29 special event. The department may require that part of the 19 30 motorcycle entrance fee be credited to pay costs of all=terrain 19 31 vehicle programs authorized pursuant to section 321I.8. At 19 32 least thirty days before the scheduled date of a special 19 33 event in this state, an application shall be filed with the 19 34 department for authorization to conduct the special event. The 19 35 application shall set forth the date, time, and location of the 20 1 proposed special event and any other information the department 20 2 requires. The special event shall not be conducted without 20 3 written authorization of the department. Copies of the rules 20 4 shall be furnished by the department to any person making an 20 5 application. 20 6 Sec. 44. Section 321I.18, Code 2011, is amended to read as 20 7 follows: 20 8 321I.18 Violation of stop signal. 20 9 A person, after having who has received a visual or audible 20 10 signal from a peace officer to come to a stop, shall not 20 11 operate an all=terrain vehicle in willful or wanton disregard 20 12 of the signal, or interfere with or endanger the officer or any 20 13 other person or vehicle, or increase speed, or attempt to flee 20 14 or elude the officer. 20 15 Sec. 45. Section 321I.21, unnumbered paragraph 1, Code 20 16 2011, is amended to read as follows: 20 17 A person under twelve years of age shall not operate an 20 18 all=terrain vehicle, including an off=road motorcycle, on a 20 19 designated riding area or designated riding trail or on public 20 20 land or public ice unless one of the following applies: 20 21 Sec. 46. Section 321I.21, subsection 1, Code 2011, is 20 22 amended to read as follows: 20 23 1. The person is taking a prescribed safety education 20 24 training course and the operation is under the direct 20 25 supervision of a certified all=terrain vehicle safety education 20 26 instructor. 20 27 Sec. 47. Section 321I.22, subsections 1 through 5, Code 20 28 2011, are amended to read as follows: 20 29 1. A manufacturer, distributor, or dealer owning an 20 30 all=terrain vehicle required to be registered under this 20 31 chapter may operate the all=terrain vehicle for purposes of 20 32 transporting, testing, demonstrating, or selling it without the 20 33 all=terrain vehicle being registered, except that a special 20 34 identification number registration decal issued to the owner as 20 35 provided in this chapter shall be displayed on the all=terrain 21 1 vehicle in the manner prescribed by rules of the commission. 21 2 The special identification number registration decal shall not 21 3 be used on an all=terrain vehicle offered for hire or for any 21 4 work or service performed by a manufacturer, distributor, or 21 5 dealer. 21 6 2. Every manufacturer, distributor, or dealer shall 21 7 register with the department by making application to the 21 8 commission, upon forms prescribed by the commission, for 21 9 a special registration certificate containing a general 21 10 identification number and for one or more duplicate special 21 11 registration certificates and decal. The applicant shall pay 21 12 a registration fee of fifteen forty=five dollars and submit 21 13 reasonable proof of the applicant's status as a bona fide 21 14 manufacturer, distributor, or dealer as may be required by the 21 15 commission. 21 16 3. The commission, upon granting an application, shall 21 17 issue to the applicant a special registration certificate 21 18 containing and decal. The special registration certificate 21 19 shall contain the applicant's name, and address, the and 21 20 general identification number; assigned to the applicant, the 21 21 word "manufacturer", "dealer", or "distributor",; and other 21 22 information the commission prescribes. The manufacturer, 21 23 distributor, or dealer shall have the assigned number printed 21 24 upon or attached to a removable sign or signs which may be 21 25 temporarily but firmly mounted or attached to the all=terrain 21 26 vehicle being used. The display shall meet the requirements of 21 27 this chapter and the rules of the commission. 21 28 4. The commission shall also issue duplicate special 21 29 registration certificates and decals which shall have displayed 21 30 thereon the general identification number assigned to the 21 31 applicant. Each duplicate registration certificate so issued 21 32 shall contain a number or symbol identifying it from every 21 33 other duplicate special registration certificate bearing the 21 34 same general identification number. A county recorder may 21 35 issue duplicate special registration certificates and decals 22 1 electronically pursuant to rules adopted by the commission. 22 2 The fee for each additional duplicate special registration 22 3 certificate and decal shall be two five dollars plus a writing 22 4 fee. 22 5 5. Each special registration certificate issued hereunder 22 6 under this section shall be for a period of three years and 22 7 shall expire on December 31 of each the renewal year, and 22 8 a. A new special registration certificate for the ensuing 22 9 twelve months three=year renewal period may be obtained upon 22 10 application to the commission and payment of the fee provided 22 11 by law. A county recorder may issue special registration 22 12 certificate renewals electronically pursuant to rules adopted 22 13 by the commission. 22 14 Sec. 48. Section 321I.25, Code 2011, is amended to read as 22 15 follows: 22 16 321I.25 Course of instruction. 22 17 1. The commission shall provide, by rules adopted pursuant 22 18 to section 321I.2, for the establishment of certified courses 22 19 of instruction to be conducted throughout the state for the 22 20 safe use and operation of all=terrain vehicles. The curriculum 22 21 shall include instruction in the lawful and safe use, 22 22 operation, and equipping of all=terrain vehicles consistent 22 23 with this chapter and rules adopted by the commission and the 22 24 director of transportation and other matters the commission 22 25 deems pertinent for a qualified all=terrain vehicle operator. 22 26 The commission may establish a fee for the course which shall 22 27 not exceed the actual cost of instruction minus moneys received 22 28 by the department from safety education certificate fees under 22 29 section 321I.26. 22 30 2. The commission may certify any experienced, qualified 22 31 operator to be an instructor of a class established under 22 32 subsection 1. Each instructor shall be at least eighteen years 22 33 of age. 22 34 3. Upon completion of the course of instruction, the 22 35 commission shall provide for the administration of either a 23 1 written test or the demonstration of adequate riding skills to 23 2 any student who wishes to qualify for a safety an education 23 3 certificate. 23 4 4. The commission shall provide safety education material 23 5 relating to the operation of all=terrain vehicles for the use 23 6 of nonpublic or public elementary and secondary schools in this 23 7 state. 23 8 5. The department may develop requirements and standards 23 9 for online education offerings. Only vendors who have entered 23 10 into a memorandum of understanding with the department 23 11 shall be permitted to offer an online course that results 23 12 in the issuance of an education certificate approved by the 23 13 commission. Vendors may charge for their courses and collect 23 14 the education certificate fee required under section 321I.26, 23 15 subsection 2, on behalf of the department as agreed to in the 23 16 memorandum of understanding. 23 17 Sec. 49. Section 321I.26, Code 2011, is amended to read as 23 18 follows: 23 19 321I.26 Safety Education certificate ==== fee. 23 20 1. A person twelve years of age or older but less than 23 21 eighteen years of age shall not operate an all=terrain vehicle 23 22 on public land, or public ice, a designated riding trail, or 23 23 land purchased with all=terrain vehicle registration funds 23 24 in this state without obtaining a valid safety education 23 25 certificate issued approved by the department and having the 23 26 certificate in the person's possession. 23 27 2. Upon application successful completion of the course 23 28 and payment of a fee of five dollars, a qualified applicant 23 29 shall be issued a safety an education certificate which is 23 30 valid until the certificate is suspended or revoked by the 23 31 director for a violation of a provision of this chapter or a 23 32 rule adopted pursuant to this chapter. The application shall 23 33 be made on forms issued by the commission and shall contain 23 34 information as the commission may reasonably require. 23 35 3. Any person who is required to have a safety an education 24 1 certificate under this chapter and who has completed a course 24 2 of instruction established under section 321I.2, subsection 24 3 1, paragraph "i", including the successful passage of an 24 4 examination which includes either a written test relating to 24 5 such course of instruction or the demonstration of adequate 24 6 riding skills, shall be considered qualified to receive a 24 7 safety an education certificate. 24 8 4. The permit certificate fees collected under this section 24 9 shall be credited to the special all=terrain vehicle fund and 24 10 shall be used for safety and educational programs. 24 11 5. A valid all=terrain vehicle safety or education 24 12 certificate or license issued to a nonresident by a 24 13 governmental authority of another state shall be considered 24 14 a valid certificate or license in this state if the permit 24 15 certification or license licensing requirements of the 24 16 governmental authority, excluding fees, are substantially the 24 17 same as the requirements of this chapter as determined by the 24 18 commission. 24 19 Sec. 50. Section 321I.27, Code 2011, is amended to read as 24 20 follows: 24 21 321I.27 Stopping and inspecting ==== warnings. 24 22 A peace officer may stop and inspect an all=terrain vehicle 24 23 operated, parked, or stored on public streets, highways, 24 24 public lands, or frozen waters public ice, or designated 24 25 riding trails of the state to determine if the all=terrain 24 26 vehicle is registered, numbered, or equipped as required by 24 27 this chapter and commission rules. The officer shall not 24 28 inspect an area that is not essential to determine compliance 24 29 with the requirements. If the officer determines that the 24 30 all=terrain vehicle is not in compliance, the officer may issue 24 31 a warning memorandum to the operator and forward a copy to the 24 32 commission. The warning memorandum shall indicate the items 24 33 found not in compliance and shall direct the owner or operator 24 34 of the all=terrain vehicle to have the all=terrain vehicle in 24 35 compliance and return a copy of the warning memorandum with the 25 1 proof of compliance to the commission within fourteen days. If 25 2 the proof of compliance is not provided within fourteen days, 25 3 the owner or operator is in violation of this chapter. 25 4 Sec. 51. Section 321I.28, Code 2011, is amended to read as 25 5 follows: 25 6 321I.28 Termination of use. 25 7 A person who receives a warning memorandum for an 25 8 all=terrain vehicle shall stop using the all=terrain vehicle as 25 9 soon as possible and shall not operate it on public streets, 25 10 highways, public lands, or frozen waters public ice, or 25 11 designated riding trails of the state until the all=terrain 25 12 vehicle is in compliance. 25 13 Sec. 52. Section 321I.29, subsection 1, Code 2011, is 25 14 amended by adding the following new paragraph: 25 15 NEW PARAGRAPH. 0c. The county recorder shall collect 25 16 a writing fee of one dollar and twenty=five cents for each 25 17 duplicate special registration certificate issued by the county 25 18 recorder's office. 25 19 Sec. 53. Section 321I.31, subsection 8, Code 2011, is 25 20 amended to read as follows: 25 21 8. Once titled, a person shall not sell or transfer 25 22 ownership of an all=terrain vehicle without delivering to 25 23 the purchaser or transferee a certificate of title with an 25 24 assignment on it showing title in the purchaser or transferee 25 25 purchaser's or transferee's name. A person shall not purchase 25 26 or otherwise acquire an all=terrain vehicle without obtaining a 25 27 certificate of title for it in that person's name. 25 28 Sec. 54. Section 321I.33, subsection 1, Code 2011, is 25 29 amended to read as follows: 25 30 1. If ownership of an all=terrain vehicle is transferred by 25 31 operation of law, such as by inheritance, order in bankruptcy, 25 32 insolvency, replevin, or execution sale, the transferee, 25 33 within thirty days after acquiring the right to possession of 25 34 the all=terrain vehicle, shall mail or deliver to the county 25 35 recorder of the transferee's county of residence satisfactory 26 1 proof of ownership as the county recorder requires, together 26 2 with an application for a new certificate of title, and the 26 3 required fee. 26 4 Sec. 55. Section 321I.35, subsections 1 and 3, Code 2011, 26 5 are amended to read as follows: 26 6 1. The department may assign a distinguishing number to an 26 7 all=terrain vehicle when the serial number on the all=terrain 26 8 vehicle is destroyed or obliterated and issue to the owner a 26 9 special plate decal bearing the distinguishing number which 26 10 shall be affixed to the all=terrain vehicle in a position to be 26 11 determined by the department. The all=terrain vehicle shall be 26 12 registered and titled under the distinguishing number in lieu 26 13 of the former serial number. Every all=terrain vehicle shall 26 14 have a vehicle identification number assigned and affixed as 26 15 required by the department. 26 16 3. A person shall not destroy, remove, alter, cover, or 26 17 deface the manufacturer's vehicle identification number, the 26 18 plate or decal bearing it, or any vehicle identification number 26 19 the department assigns to an all=terrain vehicle without the 26 20 department's permission. 26 21 Sec. 56. Section 461C.2, subsection 5, Code 2011, is amended 26 22 to read as follows: 26 23 5. "Recreational purpose" means the following or any 26 24 combination thereof: Hunting, trapping, horseback riding, 26 25 fishing, swimming, boating, camping, picnicking, hiking, 26 26 pleasure driving, motorcycling, all=terrain vehicle riding, 26 27 nature study, water skiing, snowmobiling, other summer 26 28 and winter sports, and viewing or enjoying historical, 26 29 archaeological, scenic, or scientific sites while going to and 26 30 from or actually engaged therein. 26 31 Sec. 57. Section 462A.2, Code Supplement 2011, is amended by 26 32 adding the following new subsection: 26 33 NEW SUBSECTION. 43A. "Watercraft education certificate" 26 34 means a certificate, approved by the commission, which is 26 35 issued to a qualified applicant who is twelve years of age or 27 1 older who has successfully completed a watercraft education 27 2 course approved by the department. 27 3 Sec. 58. Section 462A.12, subsection 6, Code 2011, is 27 4 amended to read as follows: 27 5 6. An owner or operator of a vessel propelled by a motor 27 6 of more than ten horsepower shall not permit any person under 27 7 twelve years of age to operate the vessel unless accompanied 27 8 in or on the same vessel by a responsible person of at 27 9 least eighteen years of age who is experienced in motorboat 27 10 operation. A person who is twelve years of age or older 27 11 but less than eighteen years of age shall not operate any 27 12 vessel propelled by a motor of more than ten horsepower unless 27 13 the person has successfully completed a department=approved 27 14 watercraft safety education course and obtained a watercraft 27 15 safety education certificate or is accompanied in or on the 27 16 same vessel by a responsible person of at least eighteen years 27 17 of age who is experienced in motorboat operation. A person 27 18 required to have a watercraft safety education certificate 27 19 shall carry and shall exhibit or make available the certificate 27 20 upon request of an officer of the department. A violation 27 21 of this subsection is a simple misdemeanor as provided in 27 22 section 462A.13. However, a person charged with violating 27 23 this subsection shall not be convicted if the person produces 27 24 in court, within a reasonable time, a department=approved 27 25 watercraft education certificate. The cost of a department 27 26 watercraft education certificate, or any duplicate, shall not 27 27 exceed five dollars. 27 28 Sec. 59. NEW SECTION. 462A.12A Online watercraft education 27 29 courses. 27 30 1. The department shall develop requirements and standards 27 31 for online watercraft education courses. Only vendors who have 27 32 entered into a memorandum of understanding with the department 27 33 shall be approved by the department to offer an online 27 34 watercraft education course that upon successful completion is 27 35 sufficient to result in the issuance of a watercraft education 28 1 certificate to the person who completes the course. 28 2 2. A vendor approved to offer an online watercraft education 28 3 course as provided in subsection 1 may charge a fee for the 28 4 course as agreed to in the memorandum of understanding with 28 5 the department and may also collect the watercraft education 28 6 certificate fee on behalf of the department as agreed to in the 28 7 memorandum of understanding. 28 8 Sec. 60. Section 462A.36, Code 2011, is amended to read as 28 9 follows: 28 10 462A.36 Fee for special certificate ==== minimum requirements 28 11 for issuance. 28 12 1. Any manufacturer or dealer may, upon payment of a fee of 28 13 fifteen forty=five dollars, make application to the commission, 28 14 upon such forms as the commission prescribes, for a special 28 15 certificate containing a general distinguishing number and for 28 16 one or more duplicate special certificates. The applicant 28 17 shall submit such reasonable proof of the applicant's status 28 18 as a bona fide manufacturer or dealer as the commission may 28 19 require. 28 20 2. The commission may adopt rules consistent with this 28 21 chapter establishing minimum requirements for a dealer or 28 22 manufacturer to be issued a special certificate. In adopting 28 23 such rules the department shall consider the need to protect 28 24 persons, property, and the environment, and to promote uniform 28 25 practices relating to the sale and use of vessels. The 28 26 commission may also adopt rules providing for the suspension or 28 27 revocation of a dealer's or manufacturer's special certificate 28 28 issued pursuant to this section. 28 29 Sec. 61. Section 462A.38, Code 2011, is amended to read as 28 30 follows: 28 31 462A.38 Duplicates Duplicate special certificates. 28 32 The commission shall also issue duplicate special 28 33 certificates as applied for which shall have displayed 28 34 thereon the general distinguishing number assigned to the 28 35 applicant. Each duplicate special certificate so issued shall 29 1 contain a number or symbol identifying the same from every 29 2 other duplicate special certificate bearing the same general 29 3 distinguishing number. The fee for each additional duplicate 29 4 special certificate shall be two five dollars plus a writing 29 5 fee. 29 6 Sec. 62. Section 462A.39, Code 2011, is amended to read as 29 7 follows: 29 8 462A.39 Expiration date. 29 9 Each special certificate issued hereunder under this 29 10 chapter shall be for a period of three years and shall expire 29 11 at midnight on April 30 of the last calendar year of the 29 12 registration period, and a new special certificate may be 29 13 renewed for the ensuing registration another three=year period 29 14 may be obtained upon application to the commission and payment 29 15 of the fee provided by law. 29 16 Sec. 63. Section 462A.46, Code 2011, is amended to read as 29 17 follows: 29 18 462A.46 Purchase of registered vessel by dealer. 29 19 Whenever a dealer purchases or otherwise acquires a 29 20 vessel registered in this state, the dealer shall issue a 29 21 signed receipt to the previous owner, indicating the date of 29 22 purchase or acquisition, the name and address of such previous 29 23 owner, and the registration number of the vessel purchased 29 24 or acquired. The original receipt shall be delivered to the 29 25 previous owner and one copy shall be mailed or delivered by 29 26 the dealer to the county recorder of the county in which the 29 27 vessel is registered, and one copy shall be delivered to the 29 28 commission within forty=eight hours. 29 29 Sec. 64. Section 462A.53, Code 2011, is amended to read as 29 30 follows: 29 31 462A.53 Amount of writing fees. 29 32 A writing fee of one dollar and twenty=five cents for 29 33 each transaction privilege shall be collected by the county 29 34 recorder. If two or more functions are transacted for the same 29 35 vessel at one time, the writing fee is limited to one dollar 30 1 and twenty=five cents. 30 2 Sec. 65. Section 805.8B, subsection 2, paragraph a, Code 30 3 2011, is amended to read as follows: 30 4 a. For registration or user permit violations under section 30 5 321G.3, subsections subsection 1 and 2, the scheduled fine is 30 6 fifty dollars. 30 7 Sec. 66. Section 805.8B, subsection 2, paragraph b, 30 8 subparagraph (3), Code 2011, is amended to read as follows: 30 9 (3) For operating violations under section 321G.13, 30 10 subsection 1, paragraphs "a", "b", "e", "f", "g", and "h", and 30 11 "i", and subsections 2 and 3, the scheduled fine is one hundred 30 12 dollars. 30 13 Sec. 67. Section 805.8B, subsection 2, paragraph g, Code 30 14 2011, is amended to read as follows: 30 15 g. For violations of section 321G.20 and for safety 30 16 education certificate violations under section 321G.24, 30 17 subsection 1, the scheduled fine is fifty dollars. 30 18 Sec. 68. Section 805.8B, subsection 2A, paragraphs a and g, 30 19 Code 2011, are amended to read as follows: 30 20 a. For registration or user permit violations under section 30 21 321I.3, subsections subsection 1 and 2, the scheduled fine is 30 22 fifty dollars. 30 23 g. For violations of section 321I.21 and for safety 30 24 education certificate violations under section 321I.26, 30 25 subsection 1, the scheduled fine is fifty dollars. 30 26 Sec. 69. REPEAL. Sections 462A.40 and 462A.42, Code 2011, 30 27 are repealed. 30 28 EXPLANATION 30 29 This bill relates to matters concerning the regulation 30 30 of snowmobiles, all=terrain vehicles, and watercraft by 30 31 the department of natural resources, and makes penalties 30 32 applicable. 30 33 SNOWMOBILE REGULATION. The bill makes numerous revisions 30 34 to Code chapter 321G, which provides for the regulation of 30 35 snowmobiles by the department. 31 1 The bill defines "resident" and "nonresident", for purposes 31 2 of snowmobile regulation, to mean the same as defined for 31 3 purposes of hunting and fishing licenses. 31 4 The bill defines "public water" as any navigable waters 31 5 within the state and the marginal river areas adjacent to the 31 6 state, other than farm ponds, under the jurisdiction of the 31 7 natural resource commission. A similar definition is provided 31 8 for "public ice", and various sections of Code chapter 321G are 31 9 amended to specify the defined term. 31 10 The bill specifies that the natural resource commission may 31 11 adopt rules for the use of snowmobiles on designated snowmobile 31 12 trails and for maintenance, signing, and operation of the 31 13 trails, and existing provisions are amended to indicate that 31 14 operation on designated trails is subject to regulation by 31 15 the department. The scope of grant programs and contracts 31 16 administered by the department is expanded to include 31 17 the signage of designated snowmobile trails. "Designated 31 18 snowmobile trail" is defined to mean a snowmobile riding 31 19 trail on any public land, private land, or public ice that is 31 20 designated by the department, a political subdivision, or a 31 21 controlling authority for snowmobile use. 31 22 The bill specifies that the original application for 31 23 registration of a snowmobile must be filed with the county 31 24 recorder of the owner's county of residence or if the owner is 31 25 a nonresident, in the county of primary use. If a transfer 31 26 of ownership occurs by operation of law, the application must 31 27 be filed in the transferee's county of residence. Duplicate 31 28 registrations and registration renewals may be accomplished 31 29 through a county recorder or a license agent. A snowmobile 31 30 owned by a nonresident and registered in another state must be 31 31 issued a user permit in this state, which is valid for use on 31 32 only one snowmobile. 31 33 The bill provides that a snowmobile owned by the United 31 34 States, this state, or another state, or by a governmental 31 35 subdivision, is exempt from registration requirements in 32 1 this state if the snowmobile is used for enforcement, search 32 2 and rescue, or official research and studies, but not for 32 3 recreational or commercial purposes. Current provisions for 32 4 the issuance of registration certificates and registration 32 5 decals for snowmobiles owned by the state of Iowa or its 32 6 political subdivisions are stricken. 32 7 The bill makes a technical change requiring that every 32 8 snowmobile be equipped with a headlight and a taillight, rather 32 9 than a headlamp and a tail lamp. 32 10 The bill prohibits a person from water skipping a snowmobile 32 11 on public water, except on rivers and streams during the period 32 12 between November 1 and April 1. A violation is a simple 32 13 misdemeanor punishable by a scheduled fine of $100. "Water 32 14 skipping" is defined as the operation of a snowmobile on the 32 15 surface of water using the skis, track, and bottom surface of 32 16 the snowmobile for flotation while the snowmobile is in motion. 32 17 The bill makes technical changes to clarify language 32 18 relating to stop signal violations. 32 19 The bill increases the fee for a special registration 32 20 certificate from $15 to $45 for snowmobile manufacturers, 32 21 distributors, and dealers and extends the registration period 32 22 from one year to three years. Special registration certificate 32 23 renewals may be issued electronically. The bill provides 32 24 for the issuance of a special registration decal along with 32 25 the special registration certificate. The decal is to be 32 26 displayed on a snowmobile when it is being operated for 32 27 purposes of transporting, testing, demonstrating, or selling 32 28 the snowmobile. Duplicate special registration certificates 32 29 and decals may be issued electronically by a county recorder 32 30 and are subject to a fee of $5 plus a writing fee of $1.25. 32 31 Pursuant to current law, a safety certificate is required 32 32 for operation of a snowmobile on regulated land or ice by a 32 33 person under 18 years of age, and in addition, a person 12 32 34 to 15 years of age must be under the direct supervision of a 32 35 parent, guardian, or another adult authorized by the parent or 33 1 guardian. The bill makes a terminology change by replacing the 33 2 existing "safety certificate" with an "education certificate" 33 3 throughout Code chapter 321G. In addition, the bill defines 33 4 "direct supervision" to mean providing supervision of another 33 5 person while maintaining visual and verbal contact at all 33 6 times. Currently, a person under 16 years of age must have 33 7 a safety certificate to operate a snowmobile on or across a 33 8 public highway. The bill extends the requirement to persons 33 9 under 18 years of age. 33 10 The bill authorizes the department to develop requirements 33 11 and standards for the provision of online education resulting 33 12 in the issuance of education certificates. A vendor must 33 13 enter into a memorandum of understanding with the department 33 14 to conduct such a course. Pursuant to the memorandum of 33 15 understanding, a vendor may charge a fee for the online course 33 16 and collect the education certificate fee on behalf of the 33 17 department. 33 18 The bill provides that when a serial number on a snowmobile 33 19 is destroyed or obliterated and the department assigns a 33 20 distinguishing number to the snowmobile, the department may 33 21 issue a special decal, rather than a plate, to be affixed to 33 22 the snowmobile and bearing the distinguishing number. 33 23 ALL=TERRAIN VEHICLE REGULATION. The bill makes numerous 33 24 revisions to Code chapter 321I, which provides for the 33 25 regulation of all=terrain vehicles by the department. 33 26 The bill amends the definition of "off=road utility 33 27 vehicle" to include tracked vehicles. In addition, the bill 33 28 provides that off=road utility vehicles are subject to dealer 33 29 registration and titling requirements applicable to other 33 30 all=terrain vehicles. Currently, registration and titling by 33 31 dealers is not required. The bill specifies that the operation 33 32 of off=road utility vehicles is subject to provisions governing 33 33 the operation of all=terrain vehicles both in statute and in 33 34 administrative rules. 33 35 The bill revises the definition of "designated riding trail" 34 1 to include any public land, private land, or public ice that 34 2 has been designated by the department, a political subdivision, 34 3 or a controlling entity for all=terrain vehicle use. Various 34 4 Code sections are amended to include designated riding trails 34 5 within the scope of department regulations. 34 6 The bill defines "public ice" as any frozen, navigable 34 7 waters within the state and the marginal river areas adjacent 34 8 to the state, other than farm ponds, under the jurisdiction 34 9 of the natural resource commission. Various sections of Code 34 10 chapter 321I are amended to specify the defined term. 34 11 The bill defines "resident", for purposes of all=terrain 34 12 vehicle regulation, to mean the same as defined for purposes of 34 13 hunting and fishing licenses. 34 14 The bill specifies that the original application for 34 15 registration of an all=terrain vehicle must be filed with the 34 16 county recorder of the county of residence or if the owner is 34 17 a nonresident, in the county of primary use. If a transfer 34 18 of ownership occurs by operation of law, the application must 34 19 be filed in the transferee's county of residence. Duplicate 34 20 registrations and registration renewals may be accomplished 34 21 through a county recorder or a license agent. An all=terrain 34 22 vehicle owned by a nonresident and registered in another state 34 23 must be issued a user permit in this state, which is valid for 34 24 use on only one all=terrain vehicle. 34 25 The bill provides that an all=terrain vehicle owned 34 26 by the United States, this state, or another state, or by 34 27 a governmental subdivision, is exempt from registration 34 28 requirements in this state if the all=terrain vehicle 34 29 is used for enforcement, search and rescue, or official 34 30 research and studies, but not for recreational or commercial 34 31 purposes. Current provisions for the issuance of registration 34 32 certificates and registration decals for all=terrain vehicles 34 33 owned by the state of Iowa or its political subdivisions are 34 34 stricken. 34 35 The bill makes a technical change requiring that every 35 1 all=terrain vehicle be equipped with a headlight and a 35 2 taillight, rather than a headlamp and a tail lamp. 35 3 The bill provides for the inclusion of motorcycles and 35 4 off=road utility vehicles in special events. Also, the 35 5 requirement that the department furnish a copy of the rules for 35 6 a special event to an applicant for the event is stricken. 35 7 The bill makes technical changes to clarify language 35 8 relating to a person who violates a stop signal from a peace 35 9 officer. 35 10 The bill increases the fee for a special registration 35 11 certificate from $15 to $45 for all=terrain vehicle 35 12 manufacturers, distributors, and dealers and extends the 35 13 registration period from one year to three years. Special 35 14 registration certificate renewals may be issued electronically. 35 15 The bill provides for the issuance of a special registration 35 16 decal along with the special registration certificate. 35 17 The decal is to be displayed on an all=terrain vehicle 35 18 when it is being operated for purposes of transporting, 35 19 testing, demonstrating, or selling the vehicle. Duplicate 35 20 special registration certificates and decals may be issued 35 21 electronically by a county recorder and are subject to a fee of 35 22 $5 plus a writing fee of $1.25. 35 23 Pursuant to current law, a safety certificate is required 35 24 for operation of an all=terrain vehicle on public land or ice 35 25 by a person between 12 and 18 years of age. The bill replaces 35 26 the "safety certificate" with an "education certificate" 35 27 throughout Code chapter 321I. The bill authorizes the 35 28 department to develop requirements and standards for the 35 29 provision of online education resulting in the issuance of 35 30 education certificates. A vendor must enter into a memorandum 35 31 of understanding with the department to conduct such a course. 35 32 Pursuant to the memorandum of understanding, a vendor may 35 33 charge a fee for the online course and collect the education 35 34 certificate fee on behalf of the department. 35 35 The bill provides that when a serial number on an all=terrain 36 1 vehicle is destroyed or obliterated and the department assigns 36 2 a distinguishing number to the all=terrain vehicle, the 36 3 department may issue a special decal, rather than a plate, 36 4 to be affixed to the all=terrain vehicle and bearing the 36 5 distinguishing number. 36 6 Code section 461C.2(5) is amended to include all=terrain 36 7 vehicle riding among the public recreational purposes to be 36 8 encouraged on private land in the state. 36 9 WATERCRAFT EDUCATION COURSES AND CERTIFICATES. Code section 36 10 462A.2 is amended to include a definition of "watercraft 36 11 education certificate" that is issued to a qualified applicant 36 12 12 years of age or older. Code section 462A.12(6) is amended 36 13 to change the nomenclature for the requirements that must be 36 14 met by a person between 12 and 18 years of age to operate 36 15 certain watercraft without an adult in the watercraft. Such a 36 16 person is required to complete a department=approved watercraft 36 17 education, instead of safety, course and obtain a watercraft 36 18 education, instead of safety, certificate. 36 19 New Code section 462A.12A requires the department to 36 20 develop requirements and standards for vendors to offer online 36 21 watercraft education courses. Approved vendors may charge 36 22 a fee for the course and may also collect the watercraft 36 23 education certificate fee on behalf of the department as 36 24 provided in a memorandum of understanding with the department. 36 25 SPECIAL CERTIFICATES FOR WATERCRAFT DEALERS AND 36 26 MANUFACTURERS. Code section 462A.36 is amended to allow the 36 27 natural resource commission to adopt rules establishing minimum 36 28 requirements for special certificates to be issued, suspended, 36 29 or revoked for vessel dealers or manufacturers. In adopting 36 30 the rules, the commission shall consider the need to protect 36 31 persons, property, and the environment, and promote uniform 36 32 practices relating to the sale and use of vessels. The fee for 36 33 a special certificate is increased from $15 to $45. 36 34 Code section 462A.38 is amended to delete a requirement 36 35 that duplicate special certificates contain unique numbers 37 1 or symbols and to increase the fee for additional duplicate 37 2 special certificates from $2 to $5, plus a writing fee of 37 3 $1.25. 37 4 Code section 462A.39 is amended to provide that each special 37 5 certificate is issued for three years, expires on April 30 of 37 6 the last calendar year of the registration period, and may be 37 7 renewed for another three=year period upon application and 37 8 payment of a fee. 37 9 Code section 462A.40, requiring manufacturers or dealers 37 10 to keep written records of the vessels upon which special 37 11 certificates are used, and Code section 462A.42, requiring 37 12 dealers to furnish a list to the commission each year of all 37 13 used vessels held by them and for which registration has not 37 14 been paid, are repealed. 37 15 Code section 462A.46 is amended to delete a requirement that 37 16 when a dealer purchases or acquires a registered vessel, the 37 17 dealer must mail or deliver a copy of the original receipt 37 18 issued to the county recorder of the county where the vessel 37 19 is registered and to the natural resource commission within 48 37 20 hours. 37 21 Code section 462A.53 is amended to delete a limitation on 37 22 the writing fee collected by a county treasurer for two or more 37 23 functions transacted for the same vessel at one time. The bill 37 24 provides that the county treasurer shall collect a writing fee 37 25 of $1.25 for each privilege relating to watercraft. LSB 5210DP (9) 84 dea/nh
Text: SSB3049            Text: SSB3051