Bill Text: IA HF2467 | 2011-2012 | 84th General Assembly | Enrolled

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Bill Title: A bill for an act relating to the regulation of snowmobiles, all-terrain vehicles, and watercraft by the department of natural resources, establishing fees, and making penalties applicable. Effective 7-1-12. [Track Bill]

Status: 2012-04-19 - Signed by Governor. H.J. 861. [HF2467 Detail]

Download: Iowa-2011-HF2467-Enrolled.html

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House File 2467
AN ACT
RELATING TO THE REGULATION OF SNOWMOBILES, ALL-TERRAIN
VEHICLES, AND WATERCRAFT BY THE DEPARTMENT OF NATURAL
RESOURCES, ESTABLISHING FEES, AND MAKING PENALTIES
APPLICABLE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 321G.1, Code 2011, is amended by adding
the following new subsections:
NEW SUBSECTION . 5A. “Designated snowmobile trail” means
a snowmobile riding trail on any public land, private land,
or public ice that has been designated by the department,
a political subdivision, or a controlling authority for
snowmobile use.
NEW SUBSECTION . 5B. “Direct supervision” means to provide
supervision of another person while maintaining visual and
verbal contact at all times.
NEW SUBSECTION . 11A. “Nonresident” means a person who is
not a resident of this state.
NEW SUBSECTION . 15A. “Public ice” means any frozen,
navigable waters within the territorial limits of this state
and the frozen marginal river areas adjacent to this state,
other than farm ponds, that are under the jurisdiction of the
commission.
NEW SUBSECTION . 16A. “Public water” means any navigable
waters within the territorial limits of this state and the
marginal river areas adjacent to this state, other than farm
ponds, that are under the jurisdiction of the commission.
NEW SUBSECTION . 17A. “Resident” means as defined in section
483A.1A.

House File 2467, p. 2
Sec. 2. Section 321G.1, subsections 19 and 21, Code 2011,
are amended to read as follows:
19. “Safety “Education certificate” means a snowmobile
safety education certificate, approved by the commission, which
is issued to a qualified applicant who is twelve years of age
or older.
21. “Special event” means an organized race, exhibition, or
demonstration of limited duration which is conducted on public
land , or public ice , or a designated snowmobile trail under
the jurisdiction of the commission according to a prearranged
schedule and in which general public interest is manifested.
Sec. 3. Section 321G.1, Code 2011, is amended by adding the
following new subsection:
NEW SUBSECTION . 23. “Water skipping” means the operation
of a snowmobile on the surface of water by utilizing the skis,
track, and bottom surface area of the snowmobile for flotation
while the snowmobile is in motion.
Sec. 4. Section 321G.2, subsection 1, paragraphs c, e, f,
and h, Code 2011, are amended to read as follows:
c. Use of snowmobiles on designated snowmobile trails and
public lands under the jurisdiction of the commission.
e. Establishment of a program of grants, subgrants,
and contracts to be administered by the department for the
development, maintenance, signing, and operation of designated
snowmobile trails and the operation of grooming equipment by
political subdivisions and incorporated private organizations.
f. Issuance of safety education certificates.
h. Issuance of annual user permits for nonresidents and
establishment of administrative fees for issuance of the
permits.
Sec. 5. Section 321G.2, subsection 1, Code 2011, is amended
by adding the following new paragraph:
NEW PARAGRAPH . l. Maintenance, signing, and operation of
designated snowmobile trails.
Sec. 6. Section 321G.3, Code 2011, is amended to read as
follows:
321G.3 Registration required —— penalties.
1. Each snowmobile used on public land or , public ice , or a
designated snowmobile trail of this state shall be currently
registered. A person shall not operate, maintain, or give
permission for the operation or maintenance of a snowmobile
on public land or , public ice , or a designated snowmobile
trail unless the snowmobile is registered in accordance with

House File 2467, p. 3
this chapter or applicable federal laws or the snowmobile
displays a current annual user permit decal issued for the
snowmobile as provided in section 321G.4A in accordance with an
approved numbering system of another state and the evidence of
registration is in full force and effect. A snowmobile must
also be issued a user permit in accordance with this chapter .
2. A registration certificate and registration decal shall
be assigned, without payment of fee, to snowmobiles owned
by the state of Iowa or its political subdivisions. The
registration decal shall be displayed on the snowmobile as
required under section 321G.5 . A registration certificate
shall be assigned, without payment of a registration fee, for
a snowmobile which is exempt from registration but is being
titled, upon payment of a writing fee as provided in section
321G.27 and an administrative fee. A registration decal shall
not be issued and the registration shall not expire while the
snowmobile is exempt. The application for registration and
the registration certificate shall indicate the reason for
exemption from the registration fee.
3. 2. A violation of subsection 1 or 2 is punishable as
a scheduled violation under section 805.8B, subsection 2 ,
paragraph “a” . When the scheduled fine is paid, the violator
shall submit proof to the department that a valid registration
or and user permit has have been obtained by providing a copy
of the registration or and user permit to the department within
thirty days of the date the fine is paid. A person who violates
this subsection is guilty of a simple misdemeanor.
Sec. 7. Section 321G.4, subsection 2, Code 2011, is amended
to read as follows:
2. The owner of the snowmobile shall file an application for
registration with the department through a the county recorder
of the county of residence, or in the case of a nonresident
owner, in the county of primary use, in the manner established
by the commission. The application shall be completed by the
owner and shall be accompanied by a fee of fifteen dollars and
a writing fee as provided in section 321G.27 . A snowmobile
shall not be registered by the county recorder until the
county recorder is presented with receipts, bills of sale,
or other satisfactory evidence that the sales or use tax has
been paid for the purchase of the snowmobile or that the
owner is exempt from paying the tax. A snowmobile that has
an expired registration certificate from another state may be
registered in this state upon proper application, payment of

House File 2467, p. 4
all applicable registration and writing fees, and payment of a
penalty of five dollars.
Sec. 8. Section 321G.4A, subsection 1, Code 2011, is amended
to read as follows:
1. A nonresident person wishing to operate a snowmobile,
other than a snowmobile registered pursuant to this chapter,
snowmobile on public land , or public ice , or a designated
snowmobile trail of this state shall first obtain a user permit
from the department. A user permit shall be issued for the use
on only one snowmobile specified at the time of application
and is not transferable. A user permit shall be valid for the
calendar year or time period specified in the permit.
Sec. 9. Section 321G.5, Code 2011, is amended to read as
follows:
321G.5 Display of registration and user permit decals.
The owner of a snowmobile shall display the registration
decal or nonresident and user permit decal on a the snowmobile
in the manner prescribed by the rules of the commission.
Sec. 10. Section 321G.6, subsection 3, Code 2011, is amended
to read as follows:
3. Duplicate registrations may be issued upon application
to the by a county recorder and or a license agent upon the
payment of a five dollar fee plus a writing fee as provided in
section 321G.27 .
Sec. 11. Section 321G.7, subsection 1, Code 2011, is amended
to read as follows:
1. A county recorder or license agent shall remit to the
commission the snowmobile fees collected by the recorder
or license agent in the manner and time prescribed by the
department.
Sec. 12. Section 321G.8, unnumbered paragraph 1, Code 2011,
is amended to read as follows:
Registration and user permits shall not be required for the
following described snowmobiles:
Sec. 13. Section 321G.8, subsection 1, Code 2011, is amended
to read as follows:
1. Snowmobiles owned and used by the United States, this
state, or another state, or by a political governmental
subdivision of another state thereof, and used for enforcement,
search and rescue, or official research and studies, but not
for recreational or commercial purposes .
Sec. 14. Section 321G.9, subsection 6, Code 2011, is amended
by striking the subsection.

House File 2467, p. 5
Sec. 15. Section 321G.10, Code Supplement 2011, is amended
to read as follows:
321G.10 Accident reports.
If a snowmobile is involved in an accident resulting in
injury or death to anyone or property damage amounting to one
thousand five hundred dollars or more, either the operator
or someone acting for the operator shall immediately notify
the county sheriff or another law enforcement agency in the
state. If the accident occurred on public land , or public
ice , or a designated snowmobile trail under the jurisdiction
of the commission, the operator shall file with the commission
a report of the accident, within seventy-two hours, containing
information as the commission may require. All other accidents
shall be reported as required under section 321.266 .
Sec. 16. Section 321G.12, Code 2011, is amended to read as
follows:
321G.12 Headlamp —— tail lamp Headlight —— taillight ——
brakes.
Every snowmobile shall be equipped with at least one
headlamp headlight and one tail lamp taillight . Every
snowmobile shall be equipped with brakes.
Sec. 17. Section 321G.13, subsection 1, paragraph f, Code
2011, is amended to read as follows:
f. On any public land, public ice, or snow designated
snowmobile trail , in violation of official signs of the
commission prohibiting such operation in the interest of
safety for persons, property, or the environment. Any officer
appointed by the commission may post an official sign in an
emergency for the protection of persons, property, or the
environment.
Sec. 18. Section 321G.13, subsection 1, Code 2011, is
amended by adding the following new paragraph:
NEW PARAGRAPH . i. Upon the surface of any public water in a
maneuver known as water skipping. This paragraph “i” does not
apply to operation on rivers or streams between November 1 and
April 1.
Sec. 19. Section 321G.13, subsection 3, Code 2011, is
amended to read as follows:
3. A person shall not drive or operate a snowmobile
on public land or a designated snowmobile trail without a
measurable snow cover.
Sec. 20. Section 321G.17, Code 2011, is amended to read as
follows:

House File 2467, p. 6
321G.17 Violation of stop signal.
A person , after having who has received a visual or audible
signal from a peace officer to come to a stop, shall not
operate a snowmobile in willful or wanton disregard of the
signal , or interfere with or endanger the officer or any other
person or vehicle, or increase speed , or attempt to flee or
elude the officer.
Sec. 21. Section 321G.20, Code 2011, is amended to read as
follows:
321G.20 Minors under twelve Operation by minors .
1. An owner or operator of a snowmobile shall not permit
a person under twelve years of age to operate and a person
less than twelve years of age shall not operate , a snowmobile
on a designated snowmobile trail, public land, or public ice
except when accompanied on the same snowmobile by a responsible
person of at least eighteen years of age who is experienced
in snowmobile operation and who possesses a valid driver’s
license, as defined in section 321.1 , or a safety an education
certificate issued under this chapter .
2. While operating a snowmobile on a designated snowmobile
trail, public land, or public ice, a person twelve through
fifteen years of age and possessing a valid education
certificate must be under the direct supervision of a parent,
guardian, or another adult authorized by the parent or
guardian, who is experienced in snowmobile operation and
possesses a valid driver’s license, as defined in section
321.1, or an education certificate issued under this chapter.
3. A person under eighteen years of age but over the age of
fifteen shall not operate a snowmobile on or across a public
highway unless the person has in the person’s possession an
education certificate issued to the person pursuant to this
chapter.
Sec. 22. Section 321G.21, subsections 1 through 5, Code
2011, are amended to read as follows:
1. A manufacturer, distributor, or dealer owning a
snowmobile required to be registered under this chapter
may operate the snowmobile for purposes of transporting,
testing, demonstrating, or selling it without the snowmobile
being registered, except that a special identification
number registration decal issued to the owner as provided
in this chapter shall be displayed on the snowmobile in the
manner prescribed by rules of the commission . The special
identification number registration decal shall not be used

House File 2467, p. 7
on a snowmobile offered for hire or for any work or service
performed by a manufacturer, distributor, or dealer.
2. Every manufacturer, distributor, or dealer shall
register with the department by making application to the
commission, upon forms prescribed by the commission, for
a special registration certificate containing a general
identification number and for one or more duplicate special
registration certificates and decal . The applicant shall pay
a registration fee of fifteen forty-five dollars and submit
reasonable proof of the applicant’s status as a bona fide
manufacturer, distributor, or dealer as may be required by the
commission.
3. The commission, upon granting an application, shall
issue to the applicant a special registration certificate
containing and decal. The special registration certificate
shall contain the applicant’s name , and address, the and
general identification number ; assigned to the applicant, the
word “manufacturer”, “dealer”, or “distributor” , ; and other
information the commission prescribes. The manufacturer,
distributor, or dealer shall have the assigned number printed
upon or attached to a removable sign or signs which may be
temporarily but firmly mounted or attached to the snowmobile
being used. The display shall meet the requirements of this
chapter and the rules of the commission.
4. The commission shall also issue duplicate special
registration certificates and decals which shall have displayed
thereon the general identification number assigned to the
applicant. Each duplicate registration certificate so issued
shall contain a number or symbol identifying it from every
other duplicate special registration certificate bearing the
same general identification number. A county recorder may
issue duplicate special registration certificates and decals
electronically pursuant to rules adopted by the commission.
The fee for each additional duplicate special registration
certificate and decal shall be two five dollars , plus a writing
fee .
5. Each special registration certificate issued hereunder
under this section shall be for a period of three years and
shall expire on December 31 of each the renewal year , and
a . A new special registration certificate for the ensuing
twelve months three-year renewal period may be obtained upon
application to the commission and payment of the fee provided
by law. A county recorder may issue special registration

House File 2467, p. 8
certificate renewals electronically pursuant to rules adopted
by the commission.
Sec. 23. Section 321G.23, Code 2011, is amended to read as
follows:
321G.23 Course of instruction.
1. The commission shall provide, by rules adopted pursuant
to section 321G.2 , for the establishment of certified courses
of instruction to be conducted throughout the state for the
safe use and operation of snowmobiles. The curriculum shall
include instruction in the lawful and safe use, operation, and
equipping of snowmobiles consistent with this chapter and rules
adopted by the commission and the director of transportation
and other matters the commission deems pertinent for a
qualified snowmobile operator. The commission may establish
a fee for the course which shall not exceed the actual cost of
instruction minus moneys received by the department from safety
education certificate fees under section 321G.24 .
2. The commission may certify any experienced, qualified
operator to be an instructor of a class established under
subsection 1 . Each instructor shall be at least eighteen years
of age.
3. Upon completion of the course of instruction, the
commission shall provide for the administration of a written
test to any student who wishes to qualify for a safety an
education certificate.
4. The commission shall provide safety education material
relating to the operation of snowmobiles for the use of
nonpublic or public elementary and secondary schools in this
state.
5. The department may develop requirements and standards
for online education offerings. Only vendors who have entered
into a memorandum of understanding with the department
shall be permitted to offer an online course that results
in the issuance of an education certificate approved by the
commission. Vendors may charge for their courses and collect
the education certificate fee required under section 321G.24,
subsection 2, on behalf of the department as agreed to in the
memorandum of understanding.
Sec. 24. Section 321G.24, Code 2011, is amended to read as
follows:
321G.24 Safety Education certificate —— fee.
1. A person under eighteen years of age shall not
operate a snowmobile on public land , or public ice , a

House File 2467, p. 9
designated snowmobile trail, or land purchased with snowmobile
registration funds in this state without obtaining a valid
safety education certificate issued approved by the department
and having the certificate in the person’s possession,
unless the person is accompanied on the same snowmobile by
a responsible person of at least eighteen years of age who
is experienced in snowmobile operation and possesses a valid
driver’s license, as defined in section 321.1 , or a safety an
education certificate issued under this chapter .
2. Upon application successful completion of the course
and payment of a fee of five dollars, a qualified applicant
shall be issued a safety an education certificate which is
valid until the certificate is suspended or revoked by the
director for a violation of a provision of this chapter or a
rule adopted pursuant to this chapter . The application shall
be made on forms issued by the commission and shall contain
information as the commission may reasonably require.
3. Any person who is required to have a safety an education
certificate under this chapter and who has completed a course
of instruction established under section 321G.2, subsection
1 , paragraph “j” , including the successful passage of an
examination which includes a written test relating to such
course of instruction, shall be considered qualified to receive
a safety an education certificate.
4. The permit certificate fees collected under this section
shall be credited to the special snowmobile fund created under
section 321G.7 and shall be used for safety and educational
programs.
5. A valid snowmobile safety or education certificate or
license issued to a nonresident by a governmental authority
of another state shall be considered a valid certificate or
license in this state if the permit certification or license
licensing requirements of the governmental authority , excluding
fees, are substantially the same as the requirements of this
chapter as determined by the commission.
Sec. 25. Section 321G.25, Code 2011, is amended to read as
follows:
321G.25 Stopping and inspecting —— warnings.
A peace officer may stop and inspect a snowmobile operated,
parked, or stored on public streets, highways, public lands,
or frozen waters public ice, or designated snowmobile trails
of the state to determine if the snowmobile is registered,
numbered, or equipped as required by this chapter and

House File 2467, p. 10
commission rules. The officer shall not inspect an area that
is not essential to determine compliance with the requirements.
If the officer determines that the snowmobile is not in
compliance, the officer may issue a warning memorandum to the
operator and forward a copy to the commission. The warning
memorandum shall indicate the items found not in compliance and
shall direct the owner or operator of the snowmobile to have
the snowmobile in compliance and return a copy of the warning
memorandum with the proof of compliance to the commission
within fourteen days. If the proof of compliance is not
provided within fourteen days, the owner or operator is in
violation of this chapter .
Sec. 26. Section 321G.26, Code 2011, is amended to read as
follows:
321G.26 Termination of use.
A person who receives a warning memorandum for a snowmobile
shall stop using the snowmobile as soon as possible and shall
not operate it on public streets, highways, public lands, or
frozen waters public ice, or designated snowmobile trails of
the state until the snowmobile is in compliance.
Sec. 27. Section 321G.27, subsection 1, Code 2011, is
amended by adding the following new paragraph:
NEW PARAGRAPH . 0c. The county recorder shall collect
a writing fee of one dollar and twenty-five cents for each
duplicate special registration certificate issued by the county
recorder’s office.
Sec. 28. Section 321G.29, subsection 8, Code Supplement
2011, is amended to read as follows:
8. Once titled, a person shall not sell or transfer
ownership of a snowmobile without delivering to the purchaser
or transferee a certificate of title with an assignment on it
showing title in the purchaser or transferee purchaser’s or
transferee’s name . A person shall not purchase or otherwise
acquire a snowmobile without obtaining a certificate of title
for it in that person’s name.
Sec. 29. Section 321G.31, subsection 1, Code 2011, is
amended to read as follows:
1. If ownership of a snowmobile is transferred by
operation of law, such as by inheritance, order in bankruptcy,
insolvency, replevin, or execution sale, the transferee, within
thirty days after acquiring the right to possession of the
snowmobile, shall mail or deliver to the county recorder of
the transferee’s county of residence satisfactory proof of

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ownership as the county recorder requires, together with an
application for a new certificate of title, and the required
fee.
Sec. 30. Section 321G.33, subsections 1 and 3, Code 2011,
are amended to read as follows:
1. The department may assign a distinguishing number to
a snowmobile when the serial number on the snowmobile is
destroyed or obliterated and issue to the owner a special
plate decal bearing the distinguishing number which shall be
affixed to the snowmobile in a position to be determined by
the department. The snowmobile shall be registered and titled
under the distinguishing number in lieu of the former serial
number. Every snowmobile shall have a vehicle identification
number assigned and affixed as required by the department.
3. A person shall not destroy, remove, alter, cover, or
deface the manufacturer’s vehicle identification number, the
plate or decal bearing it, or any vehicle identification number
the department assigns to a snowmobile without the department’s
permission.
Sec. 31. Section 321I.1, subsection 1, paragraph b, Code
2011, is amended to read as follows:
b. Off-road motorcycles shall be considered all-terrain
vehicles for the purpose of registration. Off-road motorcycles
shall also be considered all-terrain vehicles for the purpose
of titling if a title has not previously been issued pursuant
to chapter 321 . An operator of an off-road motorcycle is
subject to provisions governing the operation of all-terrain
vehicles in this chapter , but is exempt from the safety
education instruction and certification program requirements of
sections 321I.25 and 321I.26 .
Sec. 32. Section 321I.1, subsections 6, 7, and 16, Code
2011, are amended to read as follows:
6. “Designated riding area” means an all-terrain vehicle
riding area on any public land or public ice under the
jurisdiction of the department that has been designated by the
department for all-terrain vehicle use.
7. “Designated riding trail” means an all-terrain vehicle
riding trail on any public land , private land, or public
ice under the jurisdiction of the department that has been
designated by the department , a political subdivision, or a
controlling authority for all-terrain vehicle use.
16. a. “Off-road utility vehicle” means a motorized
flotation-tire vehicle with not less than four and not more

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than eight low-pressure nonhighway tires or rubberized tracks
that is limited in engine displacement to less than one
thousand five hundred cubic centimeters and in total dry weight
to not more than one two thousand eight hundred pounds and that
has a seat that is of bucket or bench design, not intended to
be straddled by the operator, and a steering wheel or control
levers for control.
b. An owner of an off-road utility vehicle may register
or title an off-road utility vehicle in order to legally
operate the off-road vehicle on public ice, a designated
riding area, or a designated riding trail. The operator of an
off-road utility vehicle is subject to provisions governing
the operation of all-terrain vehicles in section 321.234A , and
this chapter , and administrative rules, but is exempt from
the safety education instruction and certification program
requirements of sections 321I.25 and 321I.26 . An operator of
an off-road utility vehicle shall not operate the vehicle on a
designated riding area or designated riding trail unless the
department has posted signage indicating the riding area or
trail is open to the operation of off-road utility vehicles.
Off-road utility vehicles are exempt from subject to the dealer
registration and titling requirements of this chapter . A
motorized vehicle that was previously titled or is currently
titled under chapter 321 shall not be registered or operated
as an off-road utility vehicle.
Sec. 33. Section 321I.1, Code 2011, is amended by adding the
following new subsection:
NEW SUBSECTION . 20A. “Public ice” means any frozen,
navigable waters within the territorial limits of this state
and the frozen marginal river areas adjacent to this state,
other than farm ponds, that are under the jurisdiction of the
commission.
Sec. 34. Section 321I.1, subsections 23, 25, and 27, Code
2011, are amended to read as follows:
23. “Resident” means a person who meets the requirements
for residency described in section 321.1A as defined in section
483A.1A .
25. “ Safety Education certificate” means an all-terrain
vehicle safety education certificate, approved by the
commission, which is issued to a qualified applicant who is
twelve years of age or older.
27. “Special event” means an organized race, exhibition,
or demonstration of limited duration which is conducted on

House File 2467, p. 13
public land , or public ice , or a designated riding trail under
the jurisdiction of the commission according to a prearranged
schedule and in which general public interest is manifested.
Sec. 35. Section 321I.2, subsection 1, paragraph f, Code
2011, is amended to read as follows:
f. Issuance of safety education certificates.
Sec. 36. Section 321I.3, Code 2011, is amended to read as
follows:
321I.3 Registration required —— penalties.
1. Each all-terrain vehicle used on public land , or public
ice , or a designated riding trail of this state shall be
currently registered. A person shall not operate, maintain,
or give permission for the operation or maintenance of an
all-terrain vehicle on public land , or public ice , or a
designated riding trail unless the all-terrain vehicle is
registered in accordance with this chapter or applicable
federal laws or the all-terrain vehicle displays a current
annual user permit decal issued for the all-terrain vehicle
as provided in section 321I.5 in accordance with an approved
numbering system of another state and the evidence of
registration is in full force and effect. An all-terrain
vehicle registered in another state must also be issued a user
permit in this state in accordance with this chapter .
2. A registration certificate and registration decal
shall be assigned, without payment of fee, to all-terrain
vehicles owned by the state of Iowa or its political
subdivisions. The registration decal shall be displayed on
the all-terrain vehicle as required under section 321I.6 . A
registration certificate shall be assigned, without payment
of a registration fee, for an all-terrain vehicle which is
exempt from registration but is being titled, upon payment
of a writing fee as provided in section 321I.29 and an
administrative fee. A registration decal shall not be issued
and the registration shall not expire while the all-terrain
vehicle is exempt. The application for registration and
the registration certificate shall indicate the reason for
exemption from the registration fee.
3. 2. A violation of subsection 1 or 2 is punishable as
a scheduled violation under section 805.8B, subsection 2A ,
paragraph “a” . When the scheduled fine is paid, the violator
shall submit proof to the department that a valid registration
or user permit has been obtained by providing a copy of the
registration or user permit to the department within thirty

House File 2467, p. 14
days of the date the fine is paid. A person who violates this
subsection is guilty of a simple misdemeanor.
Sec. 37. Section 321I.4, subsection 2, Code 2011, is amended
to read as follows:
2. The owner of the all-terrain vehicle shall file an
application for registration with the department through a the
county recorder of the county of residence, or in the case
of a nonresident owner, in the county of primary use, in the
manner established by the commission. The application shall
be completed by the owner and shall be accompanied by a fee
of fifteen dollars and a writing fee as provided in section
321I.29 . An all-terrain vehicle shall not be registered by the
county recorder until the county recorder is presented with
receipts, bills of sale, or other satisfactory evidence that
the sales or use tax has been paid for the purchase of the
all-terrain vehicle or that the owner is exempt from paying the
tax. An all-terrain vehicle that has an expired registration
certificate from another state may be registered in this state
upon proper application, payment of all applicable registration
and writing fees, and payment of a penalty of five dollars.
Sec. 38. Section 321I.5, subsection 1, Code 2011, is amended
to read as follows:
1. A nonresident wishing to operate an all-terrain vehicle,
other than an all-terrain vehicle owned by a resident and
registered pursuant to this chapter , on public land , or public
ice , or a designated riding trail of this state shall first
obtain a user permit from the department. A user permit shall
be issued for the use on only one all-terrain vehicle specified
at the time of application and is not transferable. A user
permit shall be valid for the calendar year or time period
specified in the permit.
Sec. 39. Section 321I.7, subsections 3 and 4, Code 2011, are
amended to read as follows:
3. Duplicate registrations may be issued upon application
to the by a county recorder or a license agent and the payment
of a five dollar fee plus a writing fee as provided in section
321I.29 .
4. A motorcycle, as defined in section 321.1, subsection
40 , paragraph “a” , may be registered as an all-terrain vehicle
as provided in this section . A motorcycle registered as an
all-terrain vehicle may participate in all programs established
for all-terrain vehicles under this chapter except for the
safety education instruction and certification program.

House File 2467, p. 15
Sec. 40. Section 321I.8, Code 2011, is amended to read as
follows:
321I.8 Fees remitted to commission —— appropriation.
1. A county recorder or license agent shall remit to the
commission the all-terrain vehicle fees collected by the
recorder or license agent in the manner and time prescribed by
the department.
2. The department shall remit the fees, including user
fees collected pursuant to section 321I.5 , to the treasurer
of state, who shall place the money in a special all-terrain
vehicle fund. The money is appropriated to the department for
the all-terrain vehicle programs of the state. The programs
shall include grants, subgrants, contracts, or cost-sharing
of all-terrain vehicle programs with political subdivisions
or incorporated private organizations or both in accordance
with rules adopted by the commission. All-terrain vehicle fees
may be used for the establishment, maintenance, and operation
of all-terrain vehicle recreational riding areas through the
awarding of grants administered by the department. All-terrain
vehicle recreational riding areas established, maintained, or
operated by the use of such grants shall not be operated for
profit. All programs using cost-sharing, grants, subgrants, or
contracts shall establish and implement a safety an education
instruction program either singly or in cooperation with other
all-terrain vehicle programs. All-terrain vehicle fees may
be used to support all-terrain vehicle programs on a usage
basis. At least fifty percent of the special fund shall be
available for political subdivisions or incorporated private
organizations or both. Moneys from the special fund not
used by the political subdivisions or incorporated private
organizations or both shall remain in the fund and may be used
by the department for the administration of the all-terrain
vehicle programs. Notwithstanding section 8.33 , moneys in the
special fund shall not revert to the general fund of the state
at the end of a fiscal year. Notwithstanding section 12C.7,
subsection 2 , interest or earnings on moneys in the special
fund shall remain in the fund.
Sec. 41. Section 321I.9, subsection 1, Code 2011, is amended
to read as follows:
1. All-terrain vehicles owned and used by the United States,
this state, or another state, or by a political governmental
subdivision of another state thereof, and used for enforcement,
search and rescue, or official research and studies, but not

House File 2467, p. 16
for recreational or commercial purposes .
Sec. 42. Section 321I.11, Code Supplement 2011, is amended
to read as follows:
321I.11 Accident reports.
If an all-terrain vehicle is involved in an accident
resulting in injury or death to anyone or property damage
amounting to one thousand five hundred dollars or more,
either the operator or someone acting for the operator
shall immediately notify the county sheriff or another law
enforcement agency in the state. If the accident occurred
on public land , or public ice , or a designated riding trail
under the jurisdiction of the commission, the operator shall
file with the commission a report of the accident, within
seventy-two hours, containing information as the commission may
require. All other accidents shall be reported as required
under section 321.266 .
Sec. 43. Section 321I.13, Code 2011, is amended to read as
follows:
321I.13 Headlamp —— tail lamp Headlight —— taillight ——
brakes.
Every all-terrain vehicle operated during the hours of
darkness shall display a lighted headlamp headlight and tail
lamp taillight . Every all-terrain vehicle shall be equipped
with brakes.
Sec. 44. Section 321I.14, subsection 1, paragraph f, Code
2011, is amended to read as follows:
f. On any public land, public ice, or snow designated
riding trail , in violation of official signs of the commission
prohibiting such operation in the interest of safety for
persons, property, or the environment. Any officer appointed
by the commission may post an official sign in an emergency for
the protection of persons, property, or the environment.
Sec. 45. Section 321I.17, Code 2011, is amended to read as
follows:
321I.17 Special events.
The department may authorize the holding of organized
special events as defined in this chapter within this state.
The department shall adopt rules relating to the conduct of
special events held under department permits and designating
the equipment and facilities necessary for the safe operation
of all-terrain vehicles or , off-road motorcycles, and off-road
utility vehicles and for the safety of operators, participants,
and observers in the special events. A special event for

House File 2467, p. 17
all-terrain vehicles may include motorcycles upon payment
of require an entrance fee set by the organizer of the
special event. The department may require that part of the
motorcycle entrance fee be credited to pay costs of all-terrain
vehicle programs authorized pursuant to section 321I.8 . At
least thirty days before the scheduled date of a special
event in this state, an application shall be filed with the
department for authorization to conduct the special event. The
application shall set forth the date, time, and location of the
proposed special event and any other information the department
requires. The special event shall not be conducted without
written authorization of the department. Copies of the rules
shall be furnished by the department to any person making an
application.
Sec. 46. Section 321I.18, Code 2011, is amended to read as
follows:
321I.18 Violation of stop signal.
A person , after having who has received a visual or audible
signal from a peace officer to come to a stop , shall not
operate an all-terrain vehicle in willful or wanton disregard
of the signal , or interfere with or endanger the officer or any
other person or vehicle, or increase speed , or attempt to flee
or elude the officer.
Sec. 47. Section 321I.21, unnumbered paragraph 1, Code
2011, is amended to read as follows:
A person under twelve years of age shall not operate an
all-terrain vehicle, including an off-road motorcycle, on a
designated riding area or designated riding trail or on public
land or public ice unless one of the following applies:
Sec. 48. Section 321I.21, subsection 1, Code 2011, is
amended to read as follows:
1. The person is taking a prescribed safety education
training course and the operation is under the direct
supervision of a certified all-terrain vehicle safety education
instructor.
Sec. 49. Section 321I.22, subsections 1 through 5, Code
2011, are amended to read as follows:
1. A manufacturer, distributor, or dealer owning an
all-terrain vehicle required to be registered under this
chapter may operate the all-terrain vehicle for purposes of
transporting, testing, demonstrating, or selling it without the
all-terrain vehicle being registered, except that a special
identification number registration decal issued to the owner as

House File 2467, p. 18
provided in this chapter shall be displayed on the all-terrain
vehicle in the manner prescribed by rules of the commission .
The special identification number registration decal shall not
be used on an all-terrain vehicle offered for hire or for any
work or service performed by a manufacturer, distributor, or
dealer.
2. Every manufacturer, distributor, or dealer shall
register with the department by making application to the
commission, upon forms prescribed by the commission, for
a special registration certificate containing a general
identification number and for one or more duplicate special
registration certificates and decal . The applicant shall pay
a registration fee of fifteen forty-five dollars and submit
reasonable proof of the applicant’s status as a bona fide
manufacturer, distributor, or dealer as may be required by the
commission.
3. The commission, upon granting an application, shall
issue to the applicant a special registration certificate
containing and decal. The special registration certificate
shall contain the applicant’s name , and address, the and
general identification number ; assigned to the applicant, the
word “manufacturer”, “dealer”, or “distributor” , ; and other
information the commission prescribes. The manufacturer,
distributor, or dealer shall have the assigned number printed
upon or attached to a removable sign or signs which may be
temporarily but firmly mounted or attached to the all-terrain
vehicle being used. The display shall meet the requirements of
this chapter and the rules of the commission.
4. The commission shall also issue duplicate special
registration certificates and decals which shall have displayed
thereon the general identification number assigned to the
applicant. Each duplicate registration certificate so issued
shall contain a number or symbol identifying it from every
other duplicate special registration certificate bearing the
same general identification number. A county recorder may
issue duplicate special registration certificates and decals
electronically pursuant to rules adopted by the commission.
The fee for each additional duplicate special registration
certificate and decal shall be two five dollars plus a writing
fee .
5. Each special registration certificate issued hereunder
under this section shall be for a period of three years and
shall expire on December 31 of each the renewal year , and

House File 2467, p. 19
a . A new special registration certificate for the ensuing
twelve months three-year renewal period may be obtained upon
application to the commission and payment of the fee provided
by law. A county recorder may issue special registration
certificate renewals electronically pursuant to rules adopted
by the commission.
Sec. 50. Section 321I.25, Code 2011, is amended to read as
follows:
321I.25 Course of instruction.
1. The commission shall provide, by rules adopted pursuant
to section 321I.2 , for the establishment of certified courses
of instruction to be conducted throughout the state for the
safe use and operation of all-terrain vehicles. The curriculum
shall include instruction in the lawful and safe use,
operation, and equipping of all-terrain vehicles consistent
with this chapter and rules adopted by the commission and the
director of transportation and other matters the commission
deems pertinent for a qualified all-terrain vehicle operator .
The commission may establish a fee for the course which shall
not exceed the actual cost of instruction minus moneys received
by the department from safety education certificate fees under
section 321I.26 .
2. The commission may certify any experienced, qualified
operator to be an instructor of a class established under
subsection 1 . Each instructor shall be at least eighteen years
of age.
3. Upon completion of the course of instruction, the
commission shall provide for the administration of either a
written test or the demonstration of adequate riding skills to
any student who wishes to qualify for a safety an education
certificate.
4. The commission shall provide safety education material
relating to the operation of all-terrain vehicles for the use
of nonpublic or public elementary and secondary schools in this
state.
5. The department may develop requirements and standards
for online education offerings. Only vendors who have entered
into a memorandum of understanding with the department
shall be permitted to offer an online course that results
in the issuance of an education certificate approved by the
commission. Vendors may charge for their courses and collect
the education certificate fee required under section 321I.26,
subsection 2, on behalf of the department as agreed to in the

House File 2467, p. 20
memorandum of understanding.
Sec. 51. Section 321I.26, Code 2011, is amended to read as
follows:
321I.26 Safety Education certificate —— fee.
1. A person twelve years of age or older but less than
eighteen years of age shall not operate an all-terrain vehicle
on public land , or public ice , a designated riding trail, or
land purchased with all-terrain vehicle registration funds
in this state without obtaining a valid safety education
certificate issued approved by the department and having the
certificate in the person’s possession.
2. Upon application successful completion of the course
and payment of a fee of five dollars, a qualified applicant
shall be issued a safety an education certificate which is
valid until the certificate is suspended or revoked by the
director for a violation of a provision of this chapter or a
rule adopted pursuant to this chapter . The application shall
be made on forms issued by the commission and shall contain
information as the commission may reasonably require.
3. Any person who is required to have a safety an education
certificate under this chapter and who has completed a course
of instruction established under section 321I.2, subsection
1 , paragraph “i” , including the successful passage of an
examination which includes either a written test relating to
such course of instruction or the demonstration of adequate
riding skills, shall be considered qualified to receive a
safety an education certificate.
4. The permit certificate fees collected under this section
shall be credited to the special all-terrain vehicle fund and
shall be used for safety and educational programs.
5. A valid all-terrain vehicle safety or education
certificate or license issued to a nonresident by a
governmental authority of another state shall be considered
a valid certificate or license in this state if the permit
certification or license licensing requirements of the
governmental authority , excluding fees, are substantially the
same as the requirements of this chapter as determined by the
commission.
Sec. 52. Section 321I.27, Code 2011, is amended to read as
follows:
321I.27 Stopping and inspecting —— warnings.
A peace officer may stop and inspect an all-terrain vehicle
operated, parked, or stored on public streets, highways,

House File 2467, p. 21
public lands, or frozen waters public ice, or designated
riding trails of the state to determine if the all-terrain
vehicle is registered, numbered, or equipped as required by
this chapter and commission rules. The officer shall not
inspect an area that is not essential to determine compliance
with the requirements. If the officer determines that the
all-terrain vehicle is not in compliance, the officer may issue
a warning memorandum to the operator and forward a copy to the
commission. The warning memorandum shall indicate the items
found not in compliance and shall direct the owner or operator
of the all-terrain vehicle to have the all-terrain vehicle in
compliance and return a copy of the warning memorandum with the
proof of compliance to the commission within fourteen days. If
the proof of compliance is not provided within fourteen days,
the owner or operator is in violation of this chapter .
Sec. 53. Section 321I.28, Code 2011, is amended to read as
follows:
321I.28 Termination of use.
A person who receives a warning memorandum for an
all-terrain vehicle shall stop using the all-terrain vehicle as
soon as possible and shall not operate it on public streets,
highways, public lands, or frozen waters public ice, or
designated riding trails of the state until the all-terrain
vehicle is in compliance.
Sec. 54. Section 321I.29, subsection 1, Code 2011, is
amended by adding the following new paragraph:
NEW PARAGRAPH . 0c. The county recorder shall collect
a writing fee of one dollar and twenty-five cents for each
duplicate special registration certificate issued by the county
recorder’s office.
Sec. 55. Section 321I.31, subsection 8, Code 2011, is
amended to read as follows:
8. Once titled, a person shall not sell or transfer
ownership of an all-terrain vehicle without delivering to
the purchaser or transferee a certificate of title with an
assignment on it showing title in the purchaser or transferee
purchaser’s or transferee’s name . A person shall not purchase
or otherwise acquire an all-terrain vehicle without obtaining a
certificate of title for it in that person’s name.
Sec. 56. Section 321I.33, subsection 1, Code 2011, is
amended to read as follows:
1. If ownership of an all-terrain vehicle is transferred by
operation of law, such as by inheritance, order in bankruptcy,

House File 2467, p. 22
insolvency, replevin, or execution sale, the transferee,
within thirty days after acquiring the right to possession of
the all-terrain vehicle, shall mail or deliver to the county
recorder of the transferee’s county of residence satisfactory
proof of ownership as the county recorder requires, together
with an application for a new certificate of title, and the
required fee.
Sec. 57. Section 321I.35, subsections 1 and 3, Code 2011,
are amended to read as follows:
1. The department may assign a distinguishing number to an
all-terrain vehicle when the serial number on the all-terrain
vehicle is destroyed or obliterated and issue to the owner a
special plate decal bearing the distinguishing number which
shall be affixed to the all-terrain vehicle in a position to be
determined by the department. The all-terrain vehicle shall be
registered and titled under the distinguishing number in lieu
of the former serial number. Every all-terrain vehicle shall
have a vehicle identification number assigned and affixed as
required by the department.
3. A person shall not destroy, remove, alter, cover, or
deface the manufacturer’s vehicle identification number, the
plate or decal bearing it, or any vehicle identification number
the department assigns to an all-terrain vehicle without the
department’s permission.
Sec. 58. Section 461C.2, subsection 5, Code 2011, is amended
to read as follows:
5. “Recreational purpose” means the following or any
combination thereof: Hunting, trapping, horseback riding,
fishing, swimming, boating, camping, picnicking, hiking,
pleasure driving, motorcycling, all-terrain vehicle riding,
nature study, water skiing, snowmobiling, other summer
and winter sports, and viewing or enjoying historical,
archaeological, scenic, or scientific sites while going to and
from or actually engaged therein.
Sec. 59. Section 462A.2, Code Supplement 2011, is amended by
adding the following new subsection:
NEW SUBSECTION . 43A. “Watercraft education certificate”
means a certificate, approved by the commission, which is
issued to a qualified applicant who is twelve years of age or
older who has successfully completed a watercraft education
course approved by the department.
Sec. 60. Section 462A.12, subsection 6, Code 2011, is
amended to read as follows:

House File 2467, p. 23
6. An owner or operator of a vessel propelled by a motor
of more than ten horsepower shall not permit any person under
twelve years of age to operate the vessel unless accompanied
in or on the same vessel by a responsible person of at
least eighteen years of age who is experienced in motorboat
operation. A person who is twelve years of age or older
but less than eighteen years of age shall not operate any
vessel propelled by a motor of more than ten horsepower unless
the person has successfully completed a department-approved
watercraft safety education course and obtained a watercraft
safety education certificate or is accompanied in or on the
same vessel by a responsible person of at least eighteen years
of age who is experienced in motorboat operation. A person
required to have a watercraft safety education certificate
shall carry and shall exhibit or make available the certificate
upon request of an officer of the department. A violation
of this subsection is a simple misdemeanor as provided in
section 462A.13 . However, a person charged with violating
this subsection shall not be convicted if the person produces
in court, within a reasonable time, a department-approved
watercraft education certificate. The cost of a department
watercraft education certificate, or any duplicate, shall not
exceed five dollars.
Sec. 61. NEW SECTION . 462A.12A Online watercraft education
courses.
1. The department shall develop requirements and standards
for online watercraft education courses. Only vendors who have
entered into a memorandum of understanding with the department
shall be approved by the department to offer an online
watercraft education course that upon successful completion is
sufficient to result in the issuance of a watercraft education
certificate to the person who completes the course.
2. A vendor approved to offer an online watercraft education
course as provided in subsection 1 may charge a fee for the
course as agreed to in the memorandum of understanding with
the department and may also collect the watercraft education
certificate fee on behalf of the department as agreed to in the
memorandum of understanding.
Sec. 62. Section 462A.36, Code 2011, is amended to read as
follows:
462A.36 Fee for special certificate —— minimum requirements
for issuance .
1. Any manufacturer or dealer may, upon payment of a fee of

House File 2467, p. 24
fifteen dollars, make application to the commission, upon such
forms as the commission prescribes, for a special certificate
containing a general distinguishing number and for one or more
duplicate special certificates. The applicant shall submit
such reasonable proof of the applicant’s status as a bona fide
manufacturer or dealer as the commission may require.
2. The commission may adopt rules consistent with this
chapter establishing minimum requirements for a dealer or
manufacturer to be issued a special certificate. In adopting
such rules the department shall consider the need to protect
persons, property, and the environment, and to promote uniform
practices relating to the sale and use of vessels. The
commission may also adopt rules providing for the suspension or
revocation of a dealer’s or manufacturer’s special certificate
issued pursuant to this section.
Sec. 63. Section 462A.46, Code 2011, is amended to read as
follows:
462A.46 Purchase of registered vessel by dealer.
Whenever a dealer purchases or otherwise acquires a
vessel registered in this state, the dealer shall issue a
signed receipt to the previous owner, indicating the date of
purchase or acquisition, the name and address of such previous
owner, and the registration number of the vessel purchased
or acquired. The original receipt shall be delivered to the
previous owner and one copy shall be mailed or delivered by
the dealer to the county recorder of the county in which the
vessel is registered, and one copy shall be delivered to the
commission within forty-eight hours.
Sec. 64. Section 462A.53, Code 2011, is amended to read as
follows:
462A.53 Amount of writing fees.
A writing fee of one dollar and twenty-five cents for
each transaction privilege shall be collected by the county
recorder. If two or more functions are transacted for the same
vessel at one time, the writing fee is limited to one dollar
and twenty-five cents.
Sec. 65. Section 805.8B, subsection 2, paragraph a, Code
2011, is amended to read as follows:
a. For registration or user permit violations under section
321G.3 , subsections subsection 1 and 2 , the scheduled fine is
fifty dollars.
Sec. 66. Section 805.8B, subsection 2, paragraph b,
subparagraph (3), Code 2011, is amended to read as follows:

House File 2467, p. 25
(3) For operating violations under section 321G.13,
subsection 1 , paragraphs “a” , “b” , “e” , “f” , “g” , and “h” , and
“i” , and subsections 2 and 3 , the scheduled fine is one hundred
dollars.
Sec. 67. Section 805.8B, subsection 2, paragraph g, Code
2011, is amended to read as follows:
g. For violations of section 321G.20 and for safety
education certificate violations under section 321G.24,
subsection 1 , the scheduled fine is fifty dollars.
Sec. 68. Section 805.8B, subsection 2A, paragraphs a and g,
Code 2011, are amended to read as follows:
a. For registration or user permit violations under section
321I.3 , subsections subsection 1 and 2 , the scheduled fine is
fifty dollars.
g. For violations of section 321I.21 and for safety
education certificate violations under section 321I.26,
subsection 1 , the scheduled fine is fifty dollars.
Sec. 69. REPEAL. Sections 462A.40 and 462A.42, Code 2011,
are repealed.
______________________________
KRAIG PAULSEN
Speaker of the House
______________________________
JOHN P. KIBBIE
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2467, Eighty-fourth General Assembly.
______________________________
W. CHARLES SMITHSON
Chief Clerk of the House
Approved _______________, 2012
______________________________
TERRY E. BRANSTAD
Governor