04/27/2019
HB1003 > SB1 > ACT 11
APPROVED: Monday, March 19th, 2018
AN ACT TO AMEND THE LAW CONCERNING THE DEFENSES TO PROSECUTION FOR A VIOLATION OF OPERATING AN ALL-TERRAIN VEHICLE (ATV) UPON A PUBLIC STREET OR HIGHWAY
Lead Sponsor:
Rep. John Maddox (R) - Mena
Sponsors:
Rep. Mary Bentley (R) - Perryville
Rep. Sarah Capp (R) - Ozark
Rep. Aaron Pilkington (R) - Clarksville
Rep. DeAnn Vaught (R) - Horatio
Sen. Gary Stubblefield (R) - Branch
Sen. Larry Teague (D) - Nashville
Be it enacted by the general assembly of the State of Arkansas:
Section 1. Arkansas Code | 27-21-109 is amended to read as follows: 27-21-109. Defenses to prosecution.
(a) It is not a defense to a prosecution under this chapter that the driver or operator possesses a valid driver's license or motorcycle operator's license.
(b) It is a defense to prosecution under | 27-21-106 for a violation of operating an all-terrain vehicle upon a public street or highway if the all-terrain vehicle operator can show by preponderance of the evidence that:
(1) The public street or highway was outside the city limits of any municipality or incorporated town in Arkansas.
(2) The public street or highway was not an interstate highway.
(3) Traveling on the public street or highway was the most reasonable route of access available to him or her from:
(A) One off-road trail to another off-road trail (direct path from trail head to another trail head)
(B) His or her private property to an off-road trail (direct path from a private property to a trail head)
(4) His or her purpose for riding on the public street or highway was to get from:
(A) One off-road trail to another off-road trail (direct path from trail head to another trail head)
(B) His or her private property to an off-road trail (direct path from a private property to a trail head)
(c) As used in this section, "his or her private property" means real property that an operator of an all-terrain vehicle:
(1) Owns
(2) Leases
(3) Resides at with the owner or lessee of the real property
(4)Is staying at for a specific period of time as an invitee, including without limitation a:
(A) Vacation resort
(B) Cabin rentals
(C) Deeded timeshare
(D) Right-to-use timeshare
Section 2. Emergency Clause. It is found and determined by the General Assembly of the State of Arkansas that Arkansas offers and abundance of all-terrain vehicle parks and trails which attract nationwide ATV tourism to the state. That riding ATVs is one of the fastest growing recreational uses of the state's national forests. That there are small businesses that rely heavily on the ATV tourism, generated by the state's ATV parks and trails, and that the current restriction imposed by Acts 2017 No. 272, limiting the operation of an ATV upon a public street or highway is detrimental to the economic well-being of small businesses catering to ATV tourism and to the overall ATV tourism to the state. Therefore, and emergency is declared to exist, and this act being immediately necessary for preservation of the public peace, health, and safety shall become effective on:
(1) The date of its approval by the Governor
(2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill
(3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.
House Bill No. 1003 - 03/12/2018
Passes the House - 03/14/2018
Passes the Senate - 03/15/2018
Notification that HB1003 is now Act 11 - 03/19/2018
Signed by Governor Asa Hutchinson (R)
http://www.arkleg.state.ar.us/assembly/2017/2018S2/Pages/BillInformation.aspx?measureno=HB1003