Senate File 234 - Introduced SENATE FILE 234 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SF 102) A BILL FOR An Act relating to the classification and reclassification 1 of certain secondary roads, and including applicability 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1969SV (1) 89 th/ns

S.F. 234 Section 1. Section 309.57, Code 2021, is amended to read as 1 follows: 2 309.57 Area service classification. 3 1. The county board of supervisors, after consultation with 4 the county engineer, and for purposes of specifying levels of 5 maintenance effort and access, may classify the area service 6 system into three classifications termed area service “A”, area 7 service “B”, and area service “C”. The area 8 a. Area service “A” classification roads shall be maintained 9 in conformance with applicable statutes. 10 b. Area service “B” classification roads may have a lesser 11 level of maintenance as specified by the county board of 12 supervisors, after consultation with the county engineer. 13 c. Area service “C” classification roads may have restricted 14 access and a minimal level of maintenance as specified by the 15 county board of supervisors after consultation with the county 16 engineer. 17 2. (1) Roads within area service “B” and “C” 18 classifications shall have appropriate signs, conforming to 19 the Iowa state sign manual, installed and maintained by the 20 county at all access points to roads on this system from other 21 public roads, to adequately warn the public they are entering a 22 section of road which has a lesser level of maintenance effort 23 than other public roads. In addition, area Area service “C” 24 classification roads shall adequately warn the public that 25 access is limited. 26 3. (2) Roads may only be classified as area service “C” 27 by ordinance or resolution. The ordinance or resolution shall 28 specify the level of maintenance effort and the persons who 29 will have access rights to the road. The county shall only 30 allow access to the road to the owner, lessee, or person in 31 lawful possession of any adjoining land, or the agent or 32 employee of the owner, lessee, or person in lawful possession, 33 or to any peace officer, magistrate, or public employee whose 34 duty it is to supervise the use or perform maintenance of the 35 -1- LSB 1969SV (1) 89 th/ns 1/ 4

S.F. 234 road. Access to the road shall be restricted by means of a gate 1 or other barrier. 2 (3) An area service “C” classification shall apply to the 3 entire portion of a road between the road’s access points. The 4 county board of supervisors shall not classify only part of a 5 road between the road’s access points, or only a bridge on the 6 road, as area service “C”. This subparagraph does not apply 7 to a road that terminates in a dead end. For purposes of this 8 subparagraph, “access point” includes but is not limited to a 9 driveway as defined in section 306.19. 10 4. (4) Notwithstanding section 716.7, subsection 2 , 11 paragraph “b” , subparagraph (2), entering or remaining upon 12 an area service “C” classification road without justification 13 after being notified or requested to abstain from entering or 14 to remove or vacate the road by any person lawfully allowed 15 access shall be a trespass as defined in section 716.7 . 16 5. (5) A road with an area service “C” classification shall 17 retain the classification until such time as a petition for 18 reclassification is submitted to the board of supervisors. The 19 petition shall be signed by one or more adjoining landowners. 20 The board of supervisors shall approve or deny the request for 21 reclassification within sixty days of receipt of the petition. 22 6. 2. a. Roads within area service “B” and “C” 23 classifications shall have appropriate signs, conforming to 24 the manual of uniform traffic-control devices adopted by the 25 department, installed and maintained by the county at all 26 access points to roads on this system from other public roads, 27 to adequately warn the public they are entering a section of 28 road which has a lesser level of maintenance effort than other 29 public roads. 30 b. The county and officers, agents, and employees of 31 the county are not liable for injury to any person or for 32 damage to any vehicle or equipment, or contents of any vehicle 33 or equipment, which occurs proximately as a result of the 34 maintenance of a road which is classified as area service “B” 35 -2- LSB 1969SV (1) 89 th/ns 2/ 4

S.F. 234 or “C” if the road has been maintained to the level required 1 for roads classified as area service “B” or “C”. 2 Sec. 2. APPLICABILITY. All area service “C” 3 classifications in effect on the effective date of this 4 Act that are not in compliance with this Act shall be expanded 5 or reclassified to meet the requirements of this Act on or 6 before January 1, 2022. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 Under current law, a county board of supervisors, after 11 consultation with the county engineer, and for purposes 12 of specifying levels of maintenance effort and access, may 13 classify an area service system into three classifications 14 termed area service “A”, area service “B”, and area service 15 “C”. Area service “C” classification roads may have restricted 16 access, but must allow access to adjoining landowners, and 17 may have a minimal level of maintenance as specified by the 18 county board of supervisors after consultation with the county 19 engineer. A road with an area service “C” classification 20 retains the classification until such time as a petition 21 for reclassification is submitted to the county board of 22 supervisors. The petition must be signed by one or more 23 adjoining landowners. 24 This bill provides that an area service “C” classification 25 must apply to the entire portion of a road between the 26 road’s access points. The bill prohibits a county board of 27 supervisors from classifying as area service “C” only part of a 28 road between the road’s access points, or only a bridge on the 29 road. This provision does not apply to roads that terminate in 30 a dead end. The bill specifies that “access point” includes 31 but is not limited to a driveway. 32 The bill provides that all area service “C” classifications 33 currently in effect that are not compliant with the bill must 34 be expanded or reclassified to meet the requirements of the 35 -3- LSB 1969SV (1) 89 th/ns 3/ 4

S.F. 234 bill on or before January 1, 2022. 1 The bill makes organizational and conforming changes to Code 2 section 309.57. 3 -4- LSB 1969SV (1) 89 th/ns 4/ 4