House
File
2130
S-5178
Amend
House
File
2130,
as
amended,
passed,
and
reprinted
by
1
the
House,
as
follows:
2
1.
By
striking
everything
after
the
enacting
clause
and
3
inserting:
4
<
Section
1.
Section
321.234A,
subsection
1,
paragraph
f,
5
Code
2022,
is
amended
to
read
as
follows:
6
f.
The
all-terrain
vehicle
is
operated
on
a
county
roadway
7
primary
highway
in
accordance
with
section
321I.10,
subsection
8
1A,
a
secondary
road
in
accordance
with
section
321I.10,
9
subsection
2
,
or
a
city
street
in
accordance
with
section
10
321I.10,
subsection
3
.
11
Sec.
2.
Section
321.234A,
subsection
2,
Code
2022,
is
12
amended
to
read
as
follows:
13
2.
A
person
operating
an
all-terrain
vehicle
on
a
highway
14
shall
have
a
valid
driver’s
license
and
the
vehicle
shall
be
15
operated
operate
the
vehicle
at
speeds
of
thirty-five
miles
per
16
hour
or
less.
In
addition,
a
person
operating
an
all-terrain
17
vehicle
on
a
highway
pursuant
to
subsection
1,
paragraphs
“b”
18
through
“g”
,
shall
be
at
least
eighteen
years
of
age
and
have
19
financial
liability
coverage
in
effect
for
the
vehicle
and
20
carry
proof
of
such
financial
liability
coverage
in
accordance
21
with
section
321.20B.
22
Sec.
3.
Section
321.234A,
Code
2022,
is
amended
by
adding
23
the
following
new
subsection:
24
NEW
SUBSECTION
.
2A.
As
provided
in
section
321.1,
an
25
all-terrain
vehicle
is
a
motor
vehicle
for
purposes
of
this
26
chapter.
Therefore,
an
all-terrain
vehicle
operated
on
a
27
highway
shall
be
equipped
with
the
parts,
lamps,
and
other
28
equipment
in
proper
condition
and
adjustment
as
required
under
29
this
chapter
for
motor
vehicles,
including
but
not
limited
30
to
the
parts,
lamps,
and
equipment
required
under
sections
31
321.386,
321.387,
321.404,
321.432,
and
321.437.
32
Sec.
4.
Section
321.384,
subsection
1,
Code
2022,
is
amended
33
to
read
as
follows:
34
1.
Every
motor
vehicle
upon
a
highway
within
the
state,
35
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89
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#1.
at
any
time
from
sunset
to
sunrise,
and
at
such
other
times
1
when
conditions
such
as
fog,
snow,
sleet,
or
rain
provide
2
insufficient
lighting
to
render
clearly
discernible
persons
3
and
vehicles
on
the
highway
at
a
distance
of
five
hundred
feet
4
ahead,
shall
display
lighted
headlamps
as
provided
in
section
5
321.415
,
subject
to
exceptions
with
respect
to
parked
vehicles
6
as
provided
in
this
chapter
.
However,
an
all-terrain
vehicle
7
shall
display
lighted
headlamps
as
provided
in
section
321.415
8
at
all
times
while
the
vehicle
is
operated
on
a
highway.
9
Sec.
5.
Section
321.385,
Code
2022,
is
amended
to
read
as
10
follows:
11
321.385
Headlamps
on
motor
vehicles.
12
Every
motor
vehicle
other
than
a
motorcycle
,
or
motorized
13
bicycle
,
or
all-terrain
vehicle
shall
be
equipped
with
at
least
14
two
headlamps
with
at
least
one
on
each
side
of
the
front
15
of
the
motor
vehicle,
which
headlamps
shall
comply
with
the
16
requirements
and
limitations
set
forth
in
this
chapter
.
17
Sec.
6.
Section
321.386,
Code
2022,
is
amended
to
read
as
18
follows:
19
321.386
Headlamps
on
motorcycles
,
and
motorized
bicycles
,
and
20
all-terrain
vehicles
.
21
Every
motorcycle
,
and
motorized
bicycle
,
and
all-terrain
22
vehicle
shall
be
equipped
with
at
least
one
and
not
more
than
23
two
headlamps
which
shall
comply
with
the
requirements
and
24
limitations
of
this
chapter
.
25
Sec.
7.
Section
321I.8,
subsection
2,
Code
2022,
is
amended
26
to
read
as
follows:
27
2.
The
department
shall
remit
the
fees,
including
user
28
fees
collected
pursuant
to
section
321I.5
,
to
the
treasurer
29
of
state,
who
shall
place
the
money
in
a
special
all-terrain
30
vehicle
fund.
The
money
is
appropriated
to
the
department
for
31
the
all-terrain
vehicle
programs
of
the
state.
The
programs
32
shall
include
grants,
subgrants,
contracts,
or
cost-sharing
33
of
all-terrain
vehicle
programs
with
political
subdivisions
34
or
incorporated
private
organizations
or
both
in
accordance
35
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with
rules
adopted
by
the
commission.
All-terrain
vehicle
fees
1
may
be
used
for
the
establishment,
maintenance,
and
operation
2
of
all-terrain
vehicle
recreational
riding
areas
through
3
the
awarding
of
grants
administered
by
the
department
,
but
4
shall
not
be
used
for
law
enforcement
purposes
outside
of
a
5
designated
off-highway
vehicle
recreational
riding
area
or
for
6
purchasing,
installing,
or
maintaining
signs
along
a
highway
7
outside
of
a
designated
off-highway
vehicle
recreational
8
riding
area
.
All-terrain
vehicle
recreational
riding
areas
9
established,
maintained,
or
operated
by
the
use
of
such
10
grants
shall
not
be
operated
for
profit.
All
programs
using
11
cost-sharing,
grants,
subgrants,
or
contracts
shall
establish
12
and
implement
an
education
instruction
program
either
singly
13
or
in
cooperation
with
other
all-terrain
vehicle
programs.
14
All-terrain
vehicle
fees
may
be
used
to
support
all-terrain
15
vehicle
programs
on
a
usage
basis.
At
least
fifty
percent
of
16
the
special
fund
shall
be
available
for
political
subdivisions
17
or
incorporated
private
organizations
or
both.
Moneys
from
18
the
special
fund
not
used
by
the
political
subdivisions
or
19
incorporated
private
organizations
or
both
shall
remain
in
the
20
fund
and
may
be
used
by
the
department
for
the
administration
21
of
the
all-terrain
vehicle
programs.
Notwithstanding
22
section
8.33
,
moneys
in
the
special
fund
shall
not
revert
to
23
the
general
fund
of
the
state
at
the
end
of
a
fiscal
year.
24
Notwithstanding
section
12C.7,
subsection
2
,
interest
or
25
earnings
on
moneys
in
the
special
fund
shall
remain
in
the
26
fund.
27
Sec.
8.
Section
321I.10,
Code
2022,
is
amended
by
adding
the
28
following
new
subsection:
29
NEW
SUBSECTION
.
1A.
A
registered
all-terrain
vehicle
30
or
off-road
utility
vehicle
may
be
operated
on
an
undivided
31
two-lane
primary
highway
that
is
not
part
of
the
interstate
32
road
system
over
the
most
direct
and
accessible
route
between
33
any
of
the
following
locations:
34
a.
An
all-terrain
vehicle
park
or
trail.
35
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89
th/ns
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b.
A
secondary
road
on
which
such
vehicles
are
authorized
1
to
operate
under
subsection
2.
2
c.
A
city
street
on
which
such
vehicles
are
authorized
to
3
operate
under
subsection
3.
4
d.
The
vehicle
operator’s
residence.
5
Sec.
9.
Section
321I.10,
subsections
2
and
3,
Code
2022,
are
6
amended
to
read
as
follows:
7
2.
a.
A
registered
all-terrain
vehicle
or
off-road
8
utility
vehicle
may
be
operated
on
any
of
the
roadways
of
that
9
portion
of
county
highways
designated
by
the
county
board
of
10
supervisors
for
such
use
during
a
specified
period
following
11
secondary
roads:
12
(1)
An
unpaved
secondary
road.
13
(2)
A
paved,
undivided
two-lane
secondary
road
over
the
14
most
direct
and
accessible
route
between
any
of
the
following
15
locations:
16
(a)
An
all-terrain
vehicle
park
or
trail.
17
(b)
Another
secondary
road
on
which
such
vehicles
are
18
authorized
to
operate
under
this
paragraph.
19
(c)
A
city
street
on
which
such
vehicles
are
authorized
to
20
operate
under
subsection
3.
21
(d)
The
vehicle
operator’s
residence.
22
(3)
A
paved,
undivided
secondary
road
or
segment
thereof,
23
if
authorized
by
the
county
board
of
supervisors
.
The
county
24
board
of
supervisors
shall
evaluate
the
traffic
conditions
on
25
all
county
highways
such
secondary
roads
under
its
jurisdiction
26
and
designate
roadways
on
which
all-terrain
vehicles
or
27
off-road
utility
vehicles
may
be
operated
for
the
specified
28
period
without
unduly
interfering
with
or
constituting
an
undue
29
hazard
to
conventional
motor
vehicle
traffic.
In
designating
30
such
roadways,
the
board
may
authorize
all-terrain
vehicles
31
and
off-road
utility
vehicles
to
stop
at
service
stations
or
32
convenience
stores
along
a
designated
roadway.
33
b.
Notwithstanding
paragraph
“a”
,
a
county
may
prohibit
the
34
operation
of
all-terrain
vehicles
and
off-road
utility
vehicles
35
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on
a
secondary
road
or
segment
thereof
under
its
jurisdiction
1
as
follows:
2
(1)
When
the
secondary
road
or
segment
thereof
is
closed
to
3
motor
vehicle
traffic
pursuant
to
section
306.41.
4
(2)
When
the
secondary
road
or
segment
thereof
is
designated
5
as
a
detour
route
pursuant
to
section
306.41.
6
(3)
For
any
other
secondary
road
or
segment
thereof,
for
no
7
more
than
seven
consecutive
days
and
no
more
than
thirty
days
8
in
a
calendar
year
when
the
prohibited
days
are
established
by
9
ordinance.
10
3.
Cities
A
city
may
regulate
the
operation
of
registered
11
all-terrain
vehicles
and
off-road
utility
vehicles
and
may
12
designate
streets
under
the
jurisdiction
of
cities
the
city
13
within
their
respective
its
corporate
limits
,
and
two-lane
14
primary
and
secondary
road
extensions
in
the
city,
which
may
15
be
used
for
the
operation
of
registered
all-terrain
vehicles
16
or
registered
off-road
utility
such
vehicles.
In
designating
17
such
streets,
the
city
may
authorize
all-terrain
vehicles
18
and
off-road
utility
vehicles
to
stop
at
service
stations
or
19
convenience
stores
along
a
designated
street.
However,
a
city
20
shall
not
charge
a
fee
to
operate
a
registered
all-terrain
21
vehicle
or
off-road
utility
vehicle
within
the
city.
22
Sec.
10.
Section
321I.10,
subsection
5,
unnumbered
23
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
24
An
all-terrain
vehicle
or
off-road
utility
vehicle
may
25
make
a
direct
crossing
of
a
highway
that
is
not
part
of
the
26
interstate
road
system
provided
all
of
the
following
occur:
27
Sec.
11.
Section
321I.10,
subsection
5,
paragraph
e,
Code
28
2022,
is
amended
to
read
as
follows:
29
e.
The
crossing
is
made
from
a
street,
roadway,
or
highway
30
designated
as
an
all-terrain
vehicle
trail
by
a
state
agency,
31
county,
or
city
on
which
the
all-terrain
vehicle
or
off-road
32
utility
vehicle
is
authorized
to
operate
to
a
street,
roadway,
33
or
highway
designated
as
an
all-terrain
vehicle
trail
by
34
a
state
agency,
county,
or
city
on
which
such
vehicle
is
35
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2130.4463
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89
th/ns
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6
authorized
to
operate
.
>
1
______________________________
CARRIE
KOELKER
______________________________
WAYLON
BROWN
-6-
HF
2130.4463
(3)
89
th/ns
6/
6