House File 800 - Introduced HOUSE FILE 800 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 245) A BILL FOR An Act relating to the operation of registered all-terrain 1 vehicles and off-road utility vehicles on highways. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2535HV (2) 89 th/ns

H.F. 800 Section 1. Section 321.234A, subsection 1, paragraph f, 1 Code 2021, is amended to read as follows: 2 f. The all-terrain vehicle is operated on a noninterstate 3 primary highway, a county roadway in accordance with section 4 321I.10, subsection 2 highway , or a city street , in accordance 5 with section 321I.10, subsection 1A, 2, or 3. 6 Sec. 2. Section 321I.10, Code 2021, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 1A. A registered all-terrain vehicle or 9 off-road utility vehicle may be operated on a primary highway 10 that is not part of the interstate road system over the most 11 direct and accessible route between an all-terrain vehicle park 12 or trail, a county highway designated under subsection 2, and a 13 city street designated under subsection 3. 14 Sec. 3. Section 321I.10, subsection 2, Code 2021, is amended 15 to read as follows: 16 2. A registered all-terrain vehicle or off-road utility 17 vehicle may be operated on the roadways of that portion of 18 county highways designated by the county board of supervisors 19 for such use during a specified period . The county board of 20 supervisors shall evaluate the traffic conditions on all county 21 highways and designate roadways on which all-terrain vehicles 22 or off-road utility vehicles may be operated for the specified 23 period without unduly interfering with or constituting an undue 24 hazard to conventional motor vehicle traffic. In designating 25 such roadways, the board may authorize all-terrain vehicles 26 and off-road utility vehicles to stop at service stations or 27 convenience stores along a designated roadway. 28 Sec. 4. Section 331.301, Code 2021, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 18. A county shall not adopt an ordinance, 31 motion, resolution, or amendment, or use any other means, that 32 prohibits or regulates the operation of registered all-terrain 33 vehicles or off-road utility vehicles on county highways within 34 its jurisdiction, unless otherwise authorized by state law. An 35 -1- LSB 2535HV (2) 89 th/ns 1/ 3

H.F. 800 ordinance, motion, resolution, or amendment adopted prior to 1 the effective date of this Act, that violates this subsection 2 is void and unenforceable on and after the effective date of 3 this Act. 4 Sec. 5. Section 331.362, subsection 9, Code 2021, is amended 5 to read as follows: 6 9. A county may regulate traffic on and use of the secondary 7 roads, in accordance with sections 321.236 to through 321.250 , 8 321.254 , 321.255 , 321.285, subsection 4 , sections 321.352 , 9 321.471 to through 321.473 , and other applicable provisions of 10 chapter 321 , chapter 321E , and sections 321G.9 , 321I.10 , and 11 327G.15 . 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 Under current law, a registered all-terrain vehicle (ATV) 16 or off-road utility vehicle (UTV) may be operated on a county 17 highway designated by the county board of supervisors for such 18 use during a specified period. The county board of supervisors 19 is required to evaluate the traffic conditions on all county 20 highways and designate roadways on which ATVs and UTVs may be 21 operated for the specified period without unduly interfering 22 with or constituting an undue hazard to conventional motor 23 vehicle traffic. In designating such roadways, the board is 24 allowed but not required to authorize ATVs and UTVs to stop 25 at service stations or convenience stores along a designated 26 roadway. Registered ATVs and UTVs are also authorized to make 27 a direct crossing of a highway under certain conditions. 28 This bill allows registered ATVs and UTVs to operate on 29 noninterstate primary highways over the most direct and 30 accessible route between an ATV park or trail, a county 31 highway, and a city street designated for use by ATVs and UTVs. 32 The bill allows registered ATVs and UTVs to operate on all 33 county highways. The bill strikes the authority of a county 34 board of supervisors to regulate the operation of registered 35 -2- LSB 2535HV (2) 89 th/ns 2/ 3

H.F. 800 ATVs and UTVs and prohibits a county from adopting an 1 ordinance, motion, resolution, or amendment, or using any other 2 means, that prohibits or regulates the operation of registered 3 ATVs and UTVs on county highways within its jurisdiction, 4 unless otherwise authorized by state law. Any ordinance, 5 motion, resolution, or amendment adopted prior to the effective 6 date of the bill that violates this prohibition is void and 7 unenforceable on and after the effective date of the bill. 8 -3- LSB 2535HV (2) 89 th/ns 3/ 3