HF 822 (LSB 2782YH (3) 91)

HOUSE FILE 822

BY  SORENSEN

A BILL FOR

An Act relating to a local authority’s ability to determine the streets or highways on which vehicles operating under an all-systems permit are authorized to operate.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321E.3, subsection 1, paragraph b, subparagraph (1), Code 2025, is amended to read as follows:
   (1)  The department may issue all-systems permits under section 321E.8 which are valid for movement on all paved highways or streets, except the interstate road system if prohibited under section 321E.8, and except any highways or streets under the jurisdiction of local authorities upon which an all-systems permit is not valid as determined by the applicable local authority if the local authority indicates such highways and streets to the department in writing, including by means of electronic communication. However, a local authority shall not determine that any paved farm-to-market road, or highway or street designated as a truck route, is not valid for purposes of an all-systems permit without justification.  In addition, a local authority shall not determine that every paved highway and street under its jurisdiction is not valid for purposes of an all-systems permit. A highway or street under the jurisdiction of a local authority upon which movement under an all-systems permit is valid shall connect with a highway or street under the jurisdiction of the state, or with another highway or street upon which movement under an all-systems permit is valid that ultimately connects with a highway or street under the jurisdiction of the state.
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, the department of transportation (DOT) is authorized to issue an all-systems permit that is valid for movement on all paved highways or streets, except the interstate road system under certain circumstances, and except any highways or streets under the jurisdiction of local authorities upon which an all-systems permit is not valid as determined by the applicable local authority, if the local authority indicates such highways and streets to the DOT in writing, including by means of electronic communication. A local authority is prohibited from determining that certain roads, streets, or highways are not valid for purposes of an all-systems permit without justification. Despite a determination by a local authority that a certain street or highway is not valid for purposes of an all-systems permit, a person who is issued an all-systems permit may operate a permitted vehicle over the most direct route between the location where the vehicle is loaded or is to be unloaded and the nearest highway or street upon which movement under an all-systems permit is valid.
   This bill prohibits a local authority from determining that every paved highway or street under its jurisdiction is not valid for purposes of an all-systems permit.