Bill Text: IA HF140 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to all-terrain vehicles, including financial liability coverage for, registration of, and parks and trails designated for use by all-terrain vehicles, making penalties applicable, and including effective date provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-04 - Subcommittee recommends indefinite postponement. Vote Total: 2-0 [HF140 Detail]

Download: Iowa-2021-HF140-Introduced.html
House File 140 - Introduced HOUSE FILE 140 BY KERR A BILL FOR An Act relating to all-terrain vehicles, including financial 1 liability coverage for, registration of, and parks 2 and trails designated for use by all-terrain vehicles, 3 making penalties applicable, and including effective date 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1784YH (6) 89 th/ns
H.F. 140 Section 1. Section 321.1, subsection 4, Code 2021, is 1 amended to read as follows: 2 4. “All-terrain vehicle” means a motor vehicle designed to 3 travel on three four or more wheels and designed primarily for 4 off-road recreational use , and also includes off-road utility 5 vehicles and off-road motorcycles required to register under 6 chapter 321I . “All-terrain vehicle” includes off-road utility 7 vehicles, but does not include farm tractors or equipment, 8 construction equipment, forestry vehicles, or lawn and grounds 9 maintenance vehicles. 10 Sec. 2. Section 321.1, subsection 47A, Code 2021, is amended 11 by striking the subsection. 12 Sec. 3. Section 321.234A, subsections 2 and 4, Code 2021, 13 are amended to read as follows: 14 2. A person operating an all-terrain vehicle on a highway 15 shall have a valid driver’s license and the vehicle shall be 16 operated at speeds of thirty-five miles per hour or less. A 17 person shall not operate an all-terrain vehicle on a highway, 18 other than for purposes of crossing the highway pursuant to 19 section 321I.10, subsection 5, unless financial liability 20 coverage is in effect for the all-terrain vehicle and unless 21 the person has proof of financial liability coverage for the 22 all-terrain vehicle as provided in section 321.20B. 23 4. A person convicted of a violation of this section other 24 than a violation relating to financial liability coverage 25 is guilty of a simple misdemeanor punishable as a scheduled 26 violation under section 805.8A, subsection 3 . A violation of 27 this section relating to financial liability coverage shall be 28 considered a violation of section 321.20B, and the violation 29 shall be dealt with in accordance with that section. 30 Sec. 4. Section 321I.1, subsection 1, Code 2021, is amended 31 to read as follows: 32 1. a. “All-terrain vehicle” means a motorized vehicle 33 with not less than three four and not more than six nonhighway 34 tires that is limited in engine displacement to less than one 35 -1- LSB 1784YH (6) 89 th/ns 1/ 8
H.F. 140 thousand cubic centimeters and in total dry weight to less than 1 one thousand two hundred pounds and that has a seat or saddle 2 designed to be straddled by the operator and handlebars for 3 steering control. 4 b. Off-road motorcycles shall be considered all-terrain 5 vehicles for the purpose of registration. Off-road motorcycles 6 shall also be considered all-terrain vehicles for the purpose 7 of titling if a title has not previously been issued pursuant 8 to chapter 321 . An operator of an off-road motorcycle is 9 subject to provisions governing the operation of all-terrain 10 vehicles in this chapter , but is exempt from the education 11 instruction and certification program requirements of sections 12 321I.25 and 321I.26 . 13 Sec. 5. Section 321I.1, subsection 17, paragraph b, Code 14 2021, is amended by striking the paragraph. 15 Sec. 6. NEW SECTION . 321I.1A Applicability of chapter to 16 off-road motorcycles and off-road utility vehicles. 17 1. Off-road motorcycles. Off-road motorcycles shall 18 be considered all-terrain vehicles for the purpose of 19 registration. Off-road motorcycles shall also be considered 20 all-terrain vehicles for the purpose of titling if a title 21 has not previously been issued pursuant to chapter 321. The 22 operator of an off-road motorcycle is subject to provisions 23 governing the operation of all-terrain vehicles in section 24 321.234A, this chapter, and administrative rules, but is exempt 25 from the education instruction and certification program 26 requirements of sections 321I.25 and 321I.26. 27 2. Off-road utility vehicles. The operator of an off-road 28 utility vehicle is subject to provisions governing the 29 operation of all-terrain vehicles in section 321.234A, this 30 chapter, and administrative rules, but is exempt from the 31 education instruction and certification program requirements 32 of sections 321I.25 and 321I.26. An operator of an off-road 33 utility vehicle shall not operate the vehicle on a designated 34 riding area or designated riding trail unless the department 35 -2- LSB 1784YH (6) 89 th/ns 2/ 8
H.F. 140 has posted signage indicating the riding area or trail is 1 open to the operation of off-road utility vehicles. Off-road 2 utility vehicles are subject to the registration and titling 3 requirements of this chapter, including those related to 4 dealers. However, a motorized vehicle that was previously 5 titled or is currently titled under chapter 321 shall not be 6 registered or operated as an off-road utility vehicle. 7 Sec. 7. Section 321I.4, Code 2021, is amended to read as 8 follows: 9 321I.4 Registration —— fee. 10 1. The owner of each all-terrain vehicle required to be 11 registered shall register it annually with the department 12 either through the department’s internet site or through a 13 county recorder. The department shall develop and maintain an 14 electronic system for the registration of all-terrain vehicles 15 pursuant to this chapter . The department shall establish forms 16 and procedures as necessary for the registration of all-terrain 17 vehicles and shall ensure all registration and renewal 18 applications and payment of associated fees may be completed 19 and submitted through the department’s internet site . 20 2. a. The owner of the all-terrain vehicle shall file an 21 application for registration or renewal with the department 22 either through the department’s internet site or through the 23 county recorder of the county of residence, or in the case 24 of a nonresident owner, in the county of primary use, in the 25 manner established by the commission. The application shall 26 be completed by the owner and shall be accompanied by a fee 27 of fifteen dollars , and a writing fee as provided in section 28 321I.29 if filed with a county recorder . An all-terrain 29 vehicle shall not be registered by the county recorder until 30 the county recorder is presented with the owner presents proof 31 that the sales or use tax has been paid for the purchase of 32 the all-terrain vehicle or that the owner is exempt from 33 paying the tax. Such proof may include but is not limited to 34 receipts, bills of sale, or other satisfactory evidence that 35 -3- LSB 1784YH (6) 89 th/ns 3/ 8
H.F. 140 the sales or use tax has been paid for the purchase of the 1 all-terrain vehicle or that the owner is exempt from paying the 2 tax . An all-terrain vehicle that has an expired registration 3 certificate from another state may be registered in this state 4 upon proper application, payment of all applicable registration 5 and writing fees, and payment of a penalty of five dollars. 6 b. If the owner of the all-terrain vehicle is unable to 7 present satisfactory evidence that the sales or use tax has 8 been paid or the owner is exempt from the tax , the department 9 of natural resources or the county recorder , as applicable, 10 shall collect the tax. On or before the tenth day of each 11 month, the department of natural resources or the county 12 recorder , as applicable, shall remit to the department of 13 revenue the amount of the taxes collected during the preceding 14 month, together with an itemized statement on forms furnished 15 by the department of revenue showing the name of each taxpayer, 16 the make and purchase price of each all-terrain vehicle, 17 the amount of tax paid, and such other information as the 18 department of revenue requires. 19 3. Upon receipt of the application in approved form 20 accompanied by the required fees, the department or county 21 recorder , as applicable, shall issue to the applicant a 22 registration certificate and registration decal. The 23 registration decal shall be displayed on the all-terrain 24 vehicle as provided in section 321I.6 . The registration 25 certificate shall be carried either in the all-terrain vehicle 26 or on the person of the operator of the all-terrain vehicle 27 when in use. The operator of an all-terrain vehicle shall 28 exhibit the registration certificate to a peace officer upon 29 request, to a person injured in an accident involving an 30 all-terrain vehicle, to the owner or operator of another 31 all-terrain vehicle or the owner of personal or real property 32 when the all-terrain vehicle is involved in a collision or 33 accident of any nature with another all-terrain vehicle or the 34 property of another person, or to the property owner or tenant 35 -4- LSB 1784YH (6) 89 th/ns 4/ 8
H.F. 140 when the all-terrain vehicle is being operated on private 1 property without permission from the property owner or tenant. 2 Sec. 8. Section 321I.7, subsection 1, paragraph b, Code 3 2021, is amended to read as follows: 4 b. After the first day of September an unregistered 5 all-terrain vehicle may be registered for the remainder of the 6 current registration year and for the subsequent registration 7 year in one transaction. The fee shall be five dollars for the 8 remainder of the current year, in addition to the registration 9 fee of fifteen dollars for the subsequent year beginning 10 January 1, and a writing fee as provided in section 321I.29 if 11 filed with a county recorder . 12 Sec. 9. Section 321I.7, subsections 2, 3, and 5, Code 2021, 13 are amended to read as follows: 14 2. An expired all-terrain vehicle registration may be 15 renewed for the same fee as if the owner is securing the 16 original registration plus a penalty of five dollars , and a 17 writing fee as provided in section 321I.29 if filed with a 18 county recorder . 19 3. Duplicate registrations may be issued by a county 20 recorder or a license agent upon the payment of a five dollar 21 five-dollar fee , plus a writing fee as provided in section 22 321I.29 if filed with a county recorder . 23 5. A county recorder or a license agent designated by the 24 director pursuant to section 483A.11 may issue all-terrain 25 vehicle registration renewals electronically pursuant to rules 26 adopted by the commission. The fee for a registration renewal 27 issued using an electronic system is fifteen dollars plus an 28 administrative fee established by the commission and a writing 29 fee as provided in section 321I.29 . 30 Sec. 10. NEW SECTION . 321I.10A Public access to all-terrain 31 vehicle parks and trails —— information. 32 1. The department shall create, maintain, and publish on 33 its internet site a database of parks and trails where members 34 of the public are allowed to operate all-terrain vehicles as 35 -5- LSB 1784YH (6) 89 th/ns 5/ 8
H.F. 140 designated by the department. 1 2. An all-terrain vehicle displaying a valid registration 2 decal is allowed to operate in department-designated 3 all-terrain vehicle parks and on department-designated 4 all-terrain vehicle trails. 5 3. An entity who owns or controls a park or trail where 6 members of the public are allowed to operate all-terrain 7 vehicles but that is not designated by the department may 8 submit information about the park or trail, including but not 9 limited to rules of operation, allowable operating hours, 10 permit requirements and fees, current conditions of the 11 trails, and any other information the department may require 12 by rule, to the department and the department shall publish 13 the information in the database required by subsection 1 14 in a manner that distinguishes the park or trail from a 15 department-designated park or trail. 16 Sec. 11. EFFECTIVE DATE. This Act takes effect January 1, 17 2022. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 CODE CHAPTER 321. This bill redefines all-terrain vehicle 22 (ATV) under Code chapter 321 (motor vehicles and law of the 23 road) to mean a motor vehicle designed to travel on four, 24 instead of three, or more wheels and designed primarily for 25 off-road recreational use, and to include off-road utility 26 vehicles and off-road motorcycles required to register under 27 Code chapter 321I (ATVs). Under Code chapter 321, ATVs are 28 subject to certain provisions relating to the conditions under 29 which an ATV can be operated on a highway, driver’s license and 30 speed restrictions, and the conditions under which an ATV is 31 considered an implement of husbandry (Code sections 321.1(32) 32 and 321.234A). 33 The bill clarifies that a person is prohibited from 34 operating an ATV, off-road motorcycle, or off-road utility 35 -6- LSB 1784YH (6) 89 th/ns 6/ 8
H.F. 140 vehicle on a highway, other than for purposes of crossing the 1 highway, unless financial liability coverage is in effect 2 for the vehicle and unless the person has proof of financial 3 liability coverage while operating the vehicle. Under current 4 law, proof of financial liability coverage may be produced 5 in paper or electronic format, including electronic images 6 displayed on a cellular telephone. Financial liability 7 coverage generally requires coverage in the amount of $20,000 8 because of bodily injury to or death of one person in any one 9 accident, $40,000 because of bodily injury to or death of 10 two or more persons in any one accident, and $15,000 because 11 of injury to or destruction of property of others in any one 12 accident. 13 A person convicted of violating the financial liability 14 coverage requirements in connection with a motor vehicle 15 accident is guilty of a simple misdemeanor punishable by a 16 scheduled fine of $645. A person otherwise convicted of 17 violating the financial liability coverage requirements is 18 guilty of a simple misdemeanor punishable by a scheduled fine 19 of $325. The person may also be subject to removal of the 20 vehicle’s registration decal and impoundment of the vehicle. 21 However, the citation may be dismissed if the person later 22 presents proof that coverage was in effect. 23 Other violations of Code section 321.234A are punishable by 24 a scheduled fine of $70. 25 CODE CHAPTER 321I. Under Code chapter 321I, the bill 26 redefines ATV to mean a motorized vehicle with not less than 27 four, instead of three, and not more than six nonhighway tires 28 that is limited in engine displacement and that has a seat or 29 saddle designed to be straddled by the operator and handlebars 30 for steering control. As a result, three-wheel vehicles are 31 no longer subject to the registration requirements under Code 32 chapter 321I for off-road use and may be required to register 33 as a motorcycle or motorized bicycle for on-road use under Code 34 chapter 321. 35 -7- LSB 1784YH (6) 89 th/ns 7/ 8
H.F. 140 The bill strikes certain substantive provisions from 1 definitions and reenacts them with certain conforming changes 2 in new Code section 321I.1A. 3 Current law requires the owner of an ATV required to be 4 registered to register the ATV annually with the department of 5 natural resources (DNR). The registration application must 6 be filed with the DNR through the county recorder’s office in 7 the applicant’s county of residence, or for a nonresident ATV 8 owner, the county in which the ATV is primarily used. 9 The bill requires the DNR to allow an applicant to register, 10 renew, and pay associated fees for an ATV registration 11 through its internet site. Depending on how the registration 12 application is filed, the DNR or county recorder is required 13 to issue to the applicant a registration certificate and 14 registration decal. 15 The bill requires the DNR to create, maintain, and publish 16 on its internet site a database of parks and trails designated 17 by the DNR for use by ATVs operated by the public. The bill 18 clarifies that all ATVs displaying a valid registration decal 19 shall be allowed to be operated at DNR-designated ATV parks and 20 on DNR-designated ATV trails. 21 The bill allows ATV parks and trails that are available to 22 the public but not designated as such by the DNR to submit 23 certain information about the park or trail, including but 24 not limited to rules of operation, allowable operating hours, 25 permit requirements and fees, current conditions of the trails, 26 and any other information the DNR may require by rule, to the 27 DNR and the DNR shall publish the information received in the 28 database in a manner that distinguishes the park or trail from 29 a DNR-designated park or trail. 30 The bill takes effect January 1, 2022. 31 -8- LSB 1784YH (6) 89 th/ns 8/ 8
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