Bill Summary – FastDemocracy

House File 2130 - Enrolled
                                                      House File 2130
                                  AN ACT
     RELATING TO REGISTERED ALL-TERRAIN VEHICLES AND OFF-ROAD
        UTILITY VEHICLES, AND MAKING PENALTIES APPLICABLE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1. Section 321.234A, subsection 1, paragraph f,
 Code 2022, is amended to read as follows:
    f. The all-terrain vehicle is operated on a county roadway
 primary highway in accordance with section 321I.10, subsection
 1A, a secondary road in accordance with section 321I.10,
 subsection 2, or a city street in accordance with section
 321I.10, subsection 3.
    Sec. 2. Section 321.234A, subsection 2, Code 2022, is
 amended to read as follows:
    2. A person operating an all-terrain vehicle on a highway
 shall have a valid driver’s license and the vehicle shall be
 operated operate the vehicle at speeds of thirty-five miles per
 hour or less. In addition, a person operating an all-terrain
 vehicle on a highway pursuant to subsection 1, paragraphs “b”
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 through “g”, shall be at least eighteen years of age and have
 financial liability coverage in effect for the vehicle and
 carry proof of such financial liability coverage in accordance
 with section 321.20B.
    Sec. 3. Section 321.234A, Code 2022, is amended by adding
 the following new subsection:
    NEW SUBSECTION. 2A. As provided in section 321.1, an
 all-terrain vehicle is a motor vehicle for purposes of this
 chapter. Therefore, an all-terrain vehicle operated on a
 highway shall be equipped with the parts, lamps, and other
 equipment in proper condition and adjustment as required under
 this chapter for motor vehicles, including but not limited
 to the parts, lamps, and equipment required under sections
 321.386, 321.387, 321.404, 321.432, and 321.437.
    Sec. 4. Section 321.384, subsection 1, Code 2022, is amended
 to read as follows:
    1. Every motor vehicle upon a highway within the state,
 at any time from sunset to sunrise, and at such other times
 when conditions such as fog, snow, sleet, or rain provide
 insufficient lighting to render clearly discernible persons
 and vehicles on the highway at a distance of five hundred feet
 ahead, shall display lighted headlamps as provided in section
 321.415, subject to exceptions with respect to parked vehicles
 as provided in this chapter. However, an all-terrain vehicle
 shall display lighted headlamps as provided in section 321.415
 at all times while the vehicle is operated on a highway.
    Sec. 5. Section 321.385, Code 2022, is amended to read as
 follows:
    321.385 Headlamps on motor vehicles.
    Every motor vehicle other than a motorcycle, or motorized
 bicycle, or all-terrain vehicle shall be equipped with at least
 two headlamps with at least one on each side of the front
 of the motor vehicle, which headlamps shall comply with the
 requirements and limitations set forth in this chapter.
    Sec. 6. Section 321.386, Code 2022, is amended to read as
 follows:
    321.386 Headlamps on motorcycles, and motorized bicycles, and
 all-terrain vehicles.
                                               House File 2130, p. 3
    Every motorcycle, and motorized bicycle, and all-terrain
 vehicle shall be equipped with at least one and not more than
 two headlamps which shall comply with the requirements and
 limitations of this chapter.
    Sec. 7. Section 321I.8, subsection 2, Code 2022, is amended
 to read as follows:
    2. The department shall remit the fees, including user
 fees collected pursuant to section 321I.5, to the treasurer
 of state, who shall place the money in a special all-terrain
 vehicle fund. The money is appropriated to the department for
 the all-terrain vehicle programs of the state. The programs
 shall include grants, subgrants, contracts, or cost-sharing
 of all-terrain vehicle programs with political subdivisions
 or incorporated private organizations or both in accordance
 with rules adopted by the commission. All-terrain vehicle fees
 may be used for the establishment, maintenance, and operation
 of all-terrain vehicle recreational riding areas through
 the awarding of grants administered by the department, but
 shall not be used for law enforcement purposes outside of a
 designated off-highway vehicle recreational riding area or for
 purchasing, installing, or maintaining signs along a highway
 outside of a designated off-highway vehicle recreational
 riding area. All-terrain vehicle recreational riding areas
 established, maintained, or operated by the use of such
 grants shall not be operated for profit. All programs using
 cost-sharing, grants, subgrants, or contracts shall establish
 and implement an education instruction program either singly
 or in cooperation with other all-terrain vehicle programs.
 All-terrain vehicle fees may be used to support all-terrain
 vehicle programs on a usage basis. At least fifty percent of
 the special fund shall be available for political subdivisions
 or incorporated private organizations or both. Moneys from
 the special fund not used by the political subdivisions or
 incorporated private organizations or both shall remain in the
 fund and may be used by the department for the administration
 of the all-terrain vehicle programs. Notwithstanding
 section 8.33, moneys in the special fund shall not revert to
 the general fund of the state at the end of a fiscal year.
 Notwithstanding section 12C.7, subsection 2, interest or
                                               House File 2130, p. 4
 earnings on moneys in the special fund shall remain in the
 fund.
    Sec. 8. Section 321I.10, Code 2022, is amended by adding the
 following new subsection:
    NEW SUBSECTION. 1A. A registered all-terrain vehicle
 or off-road utility vehicle may be operated on an undivided
 two-lane primary highway that is not part of the interstate
 road system over the most direct and accessible route between
 any of the following locations:
    a. An all-terrain vehicle park or trail.
    b. A secondary road on which such vehicles are authorized
 to operate under subsection 2.
    c. A city street on which such vehicles are authorized to
 operate under subsection 3.
    d. The vehicle operator’s residence.
    Sec. 9. Section 321I.10, subsections 2 and 3, Code 2022, are
 amended to read as follows:
    2. a. A registered all-terrain vehicle or off-road
 utility vehicle may be operated on any of the roadways of that
 portion of county highways designated by the county board of
 supervisors for such use during a specified period following
 secondary roads:
    (1) An unpaved secondary road.
    (2) A paved, undivided two-lane secondary road over the
 most direct and accessible route between any of the following
 locations:
    (a) An all-terrain vehicle park or trail.
    (b) Another secondary road on which such vehicles are
 authorized to operate under this paragraph.
    (c) A city street on which such vehicles are authorized to
 operate under subsection 3.
    (d) The vehicle operator’s residence.
    (3) A paved, undivided secondary road or segment thereof,
 if authorized by the county board of supervisors. The county
 board of supervisors shall evaluate the traffic conditions on
 all county highways such secondary roads under its jurisdiction
 and designate roadways on which all-terrain vehicles or
 off-road utility vehicles may be operated for the specified
 period without unduly interfering with or constituting an undue
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 hazard to conventional motor vehicle traffic. In designating
 such roadways, the board may authorize all-terrain vehicles
 and off-road utility vehicles to stop at service stations or
 convenience stores along a designated roadway.
    b. Notwithstanding paragraph “a”, a county may prohibit the
 operation of all-terrain vehicles and off-road utility vehicles
 on a secondary road or segment thereof under its jurisdiction
 as follows:
    (1) When the secondary road or segment thereof is closed to
 motor vehicle traffic pursuant to section 306.41.
    (2) When the secondary road or segment thereof is designated
 as a detour route pursuant to section 306.41.
    (3) For any other secondary road or segment thereof, for no
 more than seven consecutive days and no more than thirty days
 in a calendar year when the prohibited days are established by
 ordinance.
    3. Cities A city may regulate the operation of registered
 all-terrain vehicles and off-road utility vehicles and may
 designate streets under the jurisdiction of cities the city
 within their respective its corporate limits, and two-lane
 primary and secondary road extensions in the city, which may
 be used for the operation of registered all-terrain vehicles
 or registered off-road utility such vehicles. In designating
 such streets, the city may authorize all-terrain vehicles
 and off-road utility vehicles to stop at service stations or
 convenience stores along a designated street. However, a city
 shall not charge a fee to operate a registered all-terrain
 vehicle or off-road utility vehicle within the city.
    Sec. 10. Section 321I.10, subsection 5, unnumbered
 paragraph 1, Code 2022, is amended to read as follows:
    An all-terrain vehicle or off-road utility vehicle may
 make a direct crossing of a highway that is not part of the
 interstate road system provided all of the following occur:
    Sec. 11. Section 321I.10, subsection 5, paragraph e, Code
 2022, is amended to read as follows:
    e. The crossing is made from a street, roadway, or highway
 designated as an all-terrain vehicle trail by a state agency,
 county, or city on which the all-terrain vehicle or off-road
 utility vehicle is authorized to operate to a street, roadway,
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or highway designated as an all-terrain vehicle trail by
a state agency, county, or city on which such vehicle is
authorized to operate.
   ______________________________     ______________________________
   PAT GRASSLEY                       JAKE CHAPMAN
   Speaker of the House               President of the Senate
      I hereby certify that this bill originated in the House and
   is known as House File 2130, Eighty-ninth General Assembly.
                                      ______________________________
                                      MEGHAN NELSON
                                      Chief Clerk of the House
   Approved _______________, 2022     ______________________________
                                      KIM REYNOLDS
                                      Governor
Statutes affected: 
Introduced: 321.234A, 321I.10, 331.301, 331.362
Reprinted: 321.234A, 321I.10, 321.1, 321.415, 321.386, 321I.8, 321I.5
Enrolled: 321.234A, 321I.10, 321.1, 321.415, 321.386, 321I.8, 321I.5