House Study Bill 245 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON KAUFMANN) A BILL FOR An Act relating to the operation of registered all-terrain 1 vehicles and off-road utility vehicles on county highways. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2535YC (3) 89 th/ns

H.F. _____ 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 county roadway 3 highway in accordance with section 321I.10, subsection 2 , or a 4 city street in accordance with section 321I.10, subsection 3 . 5 Sec. 2. Section 321I.10, subsection 2, Code 2021, is amended 6 to read as follows: 7 2. A registered all-terrain vehicle or off-road utility 8 vehicle may be operated on the roadways of that portion of 9 county highways designated by the county board of supervisors 10 for such use during a specified period . The county board of 11 supervisors shall evaluate the traffic conditions on all county 12 highways and designate roadways on which all-terrain vehicles 13 or off-road utility vehicles may be operated for the specified 14 period without unduly interfering with or constituting an undue 15 hazard to conventional motor vehicle traffic. In designating 16 such roadways, the board may authorize all-terrain vehicles 17 and off-road utility vehicles to stop at service stations or 18 convenience stores along a designated roadway. 19 Sec. 3. Section 331.301, Code 2021, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 18. A county shall not adopt an ordinance, 22 motion, resolution, or amendment, or use any other means, that 23 prohibits or regulates the operation of registered all-terrain 24 vehicles or off-road utility vehicles on county highways within 25 its jurisdiction, unless otherwise authorized by state law. An 26 ordinance, motion, resolution, or amendment adopted prior to 27 the effective date of this Act, that violates this subsection 28 is void and unenforceable on and after the effective date of 29 this Act. 30 Sec. 4. Section 331.362, subsection 9, Code 2021, is amended 31 to read as follows: 32 9. A county may regulate traffic on and use of the secondary 33 roads, in accordance with sections 321.236 to through 321.250 , 34 321.254 , 321.255 , 321.285, subsection 4 , sections 321.352 , 35 -1- LSB 2535YC (3) 89 th/ns 1/ 2

H.F. _____ 321.471 to through 321.473 , and other applicable provisions of 1 chapter 321 , chapter 321E , and sections 321G.9 , 321I.10 , and 2 327G.15 . 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 Under current law, a registered all-terrain vehicle (ATV) 7 or off-road utility vehicle (UTV) may be operated on a county 8 highway designated by the county board of supervisors for such 9 use during a specified period. The county board of supervisors 10 is required to evaluate the traffic conditions on all county 11 highways and designate roadways on which ATVs and UTVs may be 12 operated for the specified period without unduly interfering 13 with or constituting an undue hazard to conventional motor 14 vehicle traffic. In designating such roadways, the board is 15 allowed but not required to authorize ATVs and UTVs to stop 16 at service stations or convenience stores along a designated 17 roadway. 18 This bill allows registered ATVs and UTVs to operate on all 19 county highways. The bill strikes the authority of a county 20 board of supervisors to regulate the operation of registered 21 ATVs and UTVs and prohibits a county from adopting an 22 ordinance, motion, resolution, or amendment, or using any other 23 means, that prohibits or regulates the operation of registered 24 ATVs and UTVs on county highways within its jurisdiction, 25 unless otherwise authorized by state law. Any ordinance, 26 motion, resolution, or amendment adopted prior to the effective 27 date of the bill that violates this prohibition is void and 28 unenforceable on and after the effective date of the bill. 29 -2- LSB 2535YC (3) 89 th/ns 2/ 2