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.
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Text: SSB3049
Text: SSB3051