HF 2130 (LSB 2535HZ (2) 89)

HOUSE FILE 2130

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO HF 800)
(SUCCESSOR TO HSB 245)

A BILL FOR

An Act relating to the operation of registered all-terrain vehicles and off-road utility vehicles on highways.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.234A, subsection 1, paragraph f, Code 2022, is amended to read as follows:
   f.  The all-terrain vehicle is operated on a noninterstate primary highway, a county roadway in accordance with section 321I.10, subsection 2 secondary road, or a city street, in accordance with section 321I.10, subsection 1A, 2, or 3.
    Sec. 2.  Section 321I.10, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  A registered all-terrain vehicle or off-road utility vehicle may be operated on a primary highway that is not part of the interstate road system over the most direct and accessible route between an all-terrain vehicle park or trail, a secondary road designated under subsection 2, and a city street designated under subsection 3.
    Sec. 3.  Section 321I.10, subsection 2, Code 2022, is amended to read as follows:
   2.  A registered all-terrain vehicle or off-road utility vehicle may be operated on the roadways of that portion of county highways designated by the county board of supervisors for such use during a specified period secondary roads. The county board of supervisors shall evaluate the traffic conditions on all county highways and designate roadways on which all-terrain vehicles or off-road utility vehicles may be operated for the specified period without unduly interfering with or constituting an undue hazard to conventional motor vehicle traffic. In designating such roadways, the board may authorize all-terrain vehicles and off-road utility vehicles to stop at service stations or convenience stores along a designated roadway. 
    Sec. 4.  Section 331.301, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  21.  A county shall not adopt an ordinance, motion, resolution, or amendment, or use any other means, that prohibits or regulates the operation of registered all-terrain vehicles or off-road utility vehicles on secondary roads within its jurisdiction, unless otherwise authorized by state law. An ordinance, motion, resolution, or amendment adopted prior to the effective date of this Act, that violates this subsection is void and unenforceable on and after the effective date of this Act.
    Sec. 5.  Section 331.362, subsection 9, Code 2022, is amended to read as follows:
   9.  A county may regulate traffic on and use of the secondary roads, in accordance with sections 321.236 through 321.239, 321.241, 321.247 through 321.250, 321.254, 321.255, section 321.285, subsection 4, sections 321.352, 321.471 through 321.473, and other applicable provisions of chapter 321, chapter 321E, and sections 321G.9, 321I.10, and 327G.15.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a registered all-terrain vehicle (ATV) or off-road utility vehicle (UTV) may be operated on a county highway designated by the county board of supervisors for such use during a specified period. The county board of supervisors is required to evaluate the traffic conditions on all county highways and designate roadways on which ATVs and UTVs may be operated for the specified period without unduly interfering with or constituting an undue hazard to conventional motor vehicle traffic. In designating such roadways, the board is allowed but not required to authorize ATVs and UTVs to stop at service stations or convenience stores along a designated roadway. Registered ATVs and UTVs are also authorized to make a direct crossing of a highway under certain conditions. 
   This bill allows registered ATVs and UTVs to operate on noninterstate primary highways over the most direct and accessible route between an ATV park or trail, a secondary road, and a city street designated for use by ATVs and UTVs.
   The bill allows registered ATVs and UTVs to operate on all secondary roads (those roads under county jurisdiction). The bill strikes the authority of a county board of supervisors to regulate the operation of registered ATVs and UTVs and prohibits a county from adopting an ordinance, motion, resolution, or amendment, or using any other means, that prohibits or regulates the operation of registered ATVs and UTVs on secondary roads within its jurisdiction, unless otherwise authorized by state law.