House File 2130 - Reprinted HOUSE FILE 2130 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 800) (SUCCESSOR TO HSB 245) (As Amended and Passed by the House March 14, 2022 ) A BILL FOR An Act relating to registered all-terrain vehicles and off-road 1 utility vehicles, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 HF 2130 (3) 89 th/ns/md

H.F. 2130 Section 1. Section 321.234A, subsection 1, paragraph f, 1 Code 2022, 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 secondary road , or a city street , in 5 accordance with section 321I.10, subsection 1A, 2, or 3. 6 Sec. 2. Section 321.234A, subsection 2, Code 2022, is 7 amended to read as follows: 8 2. A person operating an all-terrain vehicle on a highway 9 shall be at least eighteen years of age, have a valid driver’s 10 license , have financial liability coverage in effect for the 11 vehicle and carry proof of such financial liability coverage 12 in accordance with section 321.20B, and the vehicle shall be 13 operated operate the vehicle at speeds of thirty-five miles per 14 hour or less. 15 Sec. 3. Section 321.234A, Code 2022, is amended by adding 16 the following new subsection: 17 NEW SUBSECTION . 2A. As provided in section 321.1, an 18 all-terrain vehicle is a motor vehicle for purposes of this 19 chapter. Therefore, an all-terrain vehicle operated on a 20 highway shall be equipped with the parts, lamps, and other 21 equipment in proper condition and adjustment as required under 22 this chapter for motor vehicles, including but not limited 23 to the parts, lamps, and equipment required under sections 24 321.386, 321.387, 321.404, 321.432, and 321.437. 25 Sec. 4. Section 321.384, subsection 1, Code 2022, is amended 26 to read as follows: 27 1. Every motor vehicle upon a highway within the state, 28 at any time from sunset to sunrise, and at such other times 29 when conditions such as fog, snow, sleet, or rain provide 30 insufficient lighting to render clearly discernible persons 31 and vehicles on the highway at a distance of five hundred feet 32 ahead, shall display lighted headlamps as provided in section 33 321.415 , subject to exceptions with respect to parked vehicles 34 as provided in this chapter . However, an all-terrain vehicle 35 -1- HF 2130 (3) 89 th/ns/md 1/ 5

H.F. 2130 shall display lighted headlamps as provided in section 321.415 1 at all times while the vehicle is operated on a highway. 2 Sec. 5. Section 321.385, Code 2022, is amended to read as 3 follows: 4 321.385 Headlamps on motor vehicles. 5 Every motor vehicle other than a motorcycle , or motorized 6 bicycle , or all-terrain vehicle shall be equipped with at least 7 two headlamps with at least one on each side of the front 8 of the motor vehicle, which headlamps shall comply with the 9 requirements and limitations set forth in this chapter . 10 Sec. 6. Section 321.386, Code 2022, is amended to read as 11 follows: 12 321.386 Headlamps on motorcycles , and motorized bicycles , and 13 all-terrain vehicles . 14 Every motorcycle , and motorized bicycle , and all-terrain 15 vehicle shall be equipped with at least one and not more than 16 two headlamps which shall comply with the requirements and 17 limitations of this chapter . 18 Sec. 7. Section 321I.8, subsection 2, Code 2022, is amended 19 to read as follows: 20 2. The department shall remit the fees, including user 21 fees collected pursuant to section 321I.5 , to the treasurer 22 of state, who shall place the money in a special all-terrain 23 vehicle fund. The money is appropriated to the department for 24 the all-terrain vehicle programs of the state. The programs 25 shall include grants, subgrants, contracts, or cost-sharing 26 of all-terrain vehicle programs with political subdivisions 27 or incorporated private organizations or both in accordance 28 with rules adopted by the commission. All-terrain vehicle fees 29 may be used for the establishment, maintenance, and operation 30 of all-terrain vehicle recreational riding areas through 31 the awarding of grants administered by the department , but 32 shall not be used for law enforcement purposes outside of a 33 designated off-highway vehicle recreational riding area or for 34 purchasing, installing, or maintaining signs along a highway 35 -2- HF 2130 (3) 89 th/ns/md 2/ 5

H.F. 2130 outside of a designated off-highway vehicle recreational 1 riding area . All-terrain vehicle recreational riding areas 2 established, maintained, or operated by the use of such 3 grants shall not be operated for profit. All programs using 4 cost-sharing, grants, subgrants, or contracts shall establish 5 and implement an education instruction program either singly 6 or in cooperation with other all-terrain vehicle programs. 7 All-terrain vehicle fees may be used to support all-terrain 8 vehicle programs on a usage basis. At least fifty percent of 9 the special fund shall be available for political subdivisions 10 or incorporated private organizations or both. Moneys from 11 the special fund not used by the political subdivisions or 12 incorporated private organizations or both shall remain in the 13 fund and may be used by the department for the administration 14 of the all-terrain vehicle programs. Notwithstanding 15 section 8.33 , moneys in the special fund shall not revert to 16 the general fund of the state at the end of a fiscal year. 17 Notwithstanding section 12C.7, subsection 2 , interest or 18 earnings on moneys in the special fund shall remain in the 19 fund. 20 Sec. 8. Section 321I.10, Code 2022, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 1A. A registered all-terrain vehicle or 23 off-road utility vehicle may be operated on a primary highway 24 that is not part of the interstate road system over the most 25 direct and accessible route between an all-terrain vehicle park 26 or trail, a secondary road designated under subsection 2, and a 27 city street designated under subsection 3. 28 Sec. 9. Section 321I.10, subsections 2 and 3, Code 2022, are 29 amended to read as follows: 30 2. A registered all-terrain vehicle or off-road utility 31 vehicle may be operated on the roadways of that portion of 32 county highways designated by the county board of supervisors 33 for such use during a specified period secondary roads . 34 The county board of supervisors shall evaluate the traffic 35 -3- HF 2130 (3) 89 th/ns/md 3/ 5

H.F. 2130 conditions on all county highways and designate roadways on 1 which all-terrain vehicles or off-road utility vehicles may be 2 operated for the specified period without unduly interfering 3 with or constituting an undue hazard to conventional motor 4 vehicle traffic. In designating such roadways, the board may 5 authorize all-terrain vehicles and off-road utility vehicles 6 to stop at service stations or convenience stores along 7 a designated roadway. However, a county may prohibit the 8 operation of all-terrain vehicles and off-road utility vehicles 9 on a segment of a road under its jurisdiction pursuant to an 10 agreement with a local all-terrain vehicle or off-road utility 11 vehicle club or organization. Such an agreement shall be in 12 writing and shall be valid for not more than five years unless 13 renewed. Such an agreement may be renewed any number of times, 14 with each renewal valid for not more than five years. 15 3. Cities may regulate the operation of registered 16 all-terrain vehicles and registered off-road utility vehicles 17 and may designate streets under the jurisdiction of cities 18 within their respective corporate limits which may be used for 19 the operation of registered all-terrain vehicles or registered 20 off-road utility such vehicles. In designating such streets, 21 the city may authorize all-terrain vehicles and off-road 22 utility vehicles to stop at service stations or convenience 23 stores along a designated street. However, a city shall not 24 charge a fee to operate a registered all-terrain vehicle or 25 registered off-road utility vehicle within the city. 26 Sec. 10. Section 331.301, Code 2022, is amended by adding 27 the following new subsection: 28 NEW SUBSECTION . 21. A county shall not adopt an ordinance, 29 motion, resolution, or amendment, or use any other means, that 30 prohibits or regulates the operation of registered all-terrain 31 vehicles or off-road utility vehicles on secondary roads within 32 its jurisdiction, unless otherwise authorized by state law. 33 However, an ordinance, motion, resolution, or amendment adopted 34 prior to January 1, 2022, that authorizes and regulates the 35 -4- HF 2130 (3) 89 th/ns/md 4/ 5

H.F. 2130 operation of all-terrain vehicles or off-road utility vehicles 1 on secondary roads shall remain in effect and is enforceable 2 on and after the effective date of this Act. Any modification 3 to such a provision after the effective date of this Act shall 4 comply with state law. 5 -5- HF 2130 (3) 89 th/ns/md 5/ 5