Text: HF02071 Text: HF02073 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 461A.35A, Code 2001, is amended by
1 2 striking the section and inserting in lieu thereof the
1 3 following:
1 4 461A.35A PARK USER PERMIT FEES – EXCEPTIONS – PENALTIES.
1 5 1. DEFINITIONS. As used in this section, unless the
1 6 context otherwise requires:
1 7 a. "State land" means a state park or recreation area or
1 8 state forest or parts of state park or recreation area or
1 9 state forest under the jurisdiction of the commission.
1 10 b. "Motor vehicle" means a motor vehicle required to be
1 11 registered under chapter 321 or a nonresident motor vehicle
1 12 which is registered in another state.
1 13 2. PARK USER PERMITS REQUIRED. A person shall not park a
1 14 motor vehicle on state land where a park user permit is
1 15 required to be displayed unless a park user permit is attached
1 16 to the motor vehicle as required by this section. The
1 17 requirement of a park user permit applies to all state land
1 18 designated by the commission. The commission shall designate,
1 19 by rule adopted pursuant to chapter 17A, all or parts of state
1 20 land where the display of a park user permit is required.
1 21 However, the requirement to display a park user permit shall
1 22 not apply to any land acquired by gift if a condition of the
1 23 gift is the free, public use of the land. The rules shall
1 24 provide for the display of the park user permit on a motor
1 25 vehicle and may specify time periods during which a park user
1 26 permit is not required to be displayed in order to park on
1 27 designated state land. A park user permit is not transferable
1 28 between motor vehicles. However, if the ownership of a motor
1 29 vehicle is transferred, the commission, by rule, shall provide
1 30 for the return and reissue of a lifetime park user permit
1 31 without fee and for the return and issuance of a new annual
1 32 park user permit with credit given for the remainder of the
1 33 calendar year.
1 34 3. PARK USER PERMITS – KINDS – FEES. The fees for the
1 35 park user permits shall be as follows:
2 1 Resident Additional Nonresident
2 2 Vehicle Resident Vehicle
2 3 Vehicle
2 4 Annual: $ 20.00 $ 10.00 $ 30.00
2 5 Fourteen-day: $ 10.00 $ 5.00 $ 20.00
2 6 One-day: $ 4.00 $ 4.00 $ 5.00
2 7 Daily Group: $ 50.00 $ 100.00
2 8 Lifetime
2 9 60 Years & Older: $ 50.00 $ 100.00
2 10 4. GROUP PARK USER PERMITS. The commission shall provide,
2 11 by rule pursuant to chapter 17A, for the issuance of a daily
2 12 group park user permit for vehicles of persons attending a
2 13 service club activity, church activity, family reunion,
2 14 scouting activity, or other bona fide group activity on state
2 15 land where a park user permit is required to be displayed.
2 16 5. DURATION OF PARK USER PERMITS. The park user permits
2 17 issued by the department are valid for the calendar year for
2 18 which the permit is issued, for fourteen consecutive days from
2 19 the date of purchase, or twenty-four hours from the time of
2 20 purchase.
2 21 6. ISSUANCE OF PARK USER PERMITS.
2 22 a. The park user permits shall be issued by the department
2 23 or the depositaries as specified by rules of the commission.
2 24 A county recorder may issue park user permits subject to the
2 25 rules of the commission. The rules shall include the
2 26 application procedures as necessary, shall provide for the
2 27 issuance of the permits on designated state lands and at times
2 28 and other locations of convenience to park users, and shall
2 29 provide for the issuance of additional resident permits for
2 30 motor vehicles owned or ordinarily driven by immediate family
2 31 members residing at the same address as the person issued the
2 32 first annual permit. The park user permits shall show the
2 33 cost of the permit and a writing fee of fifty cents each if
2 34 sold by a county recorder or a depositary. The director may
2 35 designate depositaries for the sale of park user permits but
3 1 the interest of the state shall be fully protected. A county
3 2 recorder shall be responsible for all fees for the issuance of
3 3 park user permits sold through the recorder's office. All
3 4 unused park user permits shall be surrendered to the
3 5 department upon request of the director. A duplicate park
3 6 user permit shall not be issued.
3 7 b. The department or a participating county recorder shall
3 8 issue a park user permit without fee to individuals who
3 9 present a current medical assistance identification card
3 10 provided by the department of human services or to individuals
3 11 who declare themselves in writing to be current food stamp
3 12 recipients and who sign a release allowing the department of
3 13 human services to confirm or deny their eligibility status
3 14 upon request of the county recorder or the department. A
3 15 writing fee shall not be charged for the issuance of a free
3 16 park user permit.
3 17 7. EXEMPT MOTOR VEHICLES. This section does not apply to
3 18 the following motor vehicles:
3 19 a. Official government motor vehicles or motor vehicles
3 20 operated by state, county, city, or federal officers or
3 21 employees while in the performance of official government
3 22 business.
3 23 b. Any vehicle towed behind or carried on another motor
3 24 vehicle.
3 25 c. A motor vehicle traveling on a public highway in or
3 26 through state land.
3 27 d. A school bus as defined in section 321.1.
3 28 e. A motor vehicle displaying a person with disabilities
3 29 parking permit issued under chapter 321L.
3 30 f. A motor vehicle operated by family members or guests of
3 31 an officer or employee of the department residing on state
3 32 land designated as an area subject to the park user permit
3 33 requirement.
3 34 g. A motor vehicle transporting employees or furnishing
3 35 services or supplies to the commission or a designated
4 1 concessionaire.
4 2 8. ENFORCEMENT – CIVIL AND CRIMINAL PENALTY.
4 3 a. A full-time or temporary officer of the commission who
4 4 observes a motor vehicle parked in violation of this section
4 5 shall take the vehicle's registration number and may take
4 6 other information displayed on the vehicle which may identify
4 7 its operator and deliver to the operator or conspicuously
4 8 affix to the motor vehicle a written citation of violation on
4 9 a form provided by the commission. A person who receives the
4 10 citation or knows that a citation has been affixed to the
4 11 motor vehicle owned or controlled by the person shall pay a
4 12 civil penalty equal to the cost of an annual park user permit
4 13 to the department within twenty days. If the civil penalty is
4 14 not timely paid, the department shall cause a complaint to be
4 15 filed against the owner or operator of the motor vehicle
4 16 before a magistrate for the violation of this section in the
4 17 manner provided in section 804.1. Timely payment of the civil
4 18 penalty shall be a bar to any prosecution for that violation
4 19 of this section. All civil penalties collected under this
4 20 subsection shall be deposited in the general fund of the
4 21 state.
4 22 b. If a citation is issued for a violation of this section
4 23 and a plea of guilty is entered on or before the time and date
4 24 set for appearance, the fine shall be twice the cost of an
4 25 annual park user permit, but the court costs and criminal
4 26 penalty surcharge specified in section 911.2 shall not be
4 27 imposed.
4 28 c. If a citation is issued for a violation of this section
4 29 and the defendant is found guilty, the fine shall be twice the
4 30 cost of an annual park user permit. Court costs and the
4 31 criminal penalty surcharge specified in section 911.2 shall
4 32 also be imposed.
4 33 d. The commission shall provide its officers with sets of
4 34 triplicate notices each identified by separate serial numbers
4 35 on each copy of the notice. One copy shall be used as a
5 1 citation of violation and delivered to the person charged or
5 2 affixed to the motor vehicle illegally parked, one copy shall
5 3 be sworn to by the officer as a complaint and may be filed
5 4 with the clerk of the district court of the county if the
5 5 civil penalty is not timely paid to the department, and one
5 6 copy shall be retained by the department for record purposes.
5 7 9. REMITTANCE OF PARK USER FEES – STATE CONSERVATION
5 8 FUND. Each depositary and each participating county recorder
5 9 shall remit to the department all fees from the sale of park
5 10 user permits within ten days from the end of the month. The
5 11 department shall remit the fees from the sales of park user
5 12 permits to the treasurer of state who shall credit the moneys
5 13 to the state conservation fund. Notwithstanding section
5 14 12C.7, interest or earnings on investments or time deposits of
5 15 the moneys in the state conservation fund received from the
5 16 sales of park user permits shall be credited to the state
5 17 conservation fund.
5 18 10. MULTISTATE PARK USER PERMITS. The commission may
5 19 negotiate agreements with other states to issue multistate
5 20 park user permits which are recognized by the states that are
5 21 party to the agreement. If the commission enters into an
5 22 agreement with one or more states, the agreement shall provide
5 23 that the commission receive a fee for each multistate park
5 24 user permit issued at least equal to seventy-five percent of a
5 25 comparable nonresident vehicle permit fee specified in
5 26 subsection 3.
5 27 Sec. 2. EFFECTIVE AND APPLICABILITY DATES. This Act takes
5 28 effect December 15, 2002, and applies to park user permits and
5 29 fees for the years beginning on and after January 1, 2003.
5 30 EXPLANATION
5 31 This bill provides for the establishment of park user
5 32 permits and fees for state land under the jurisdiction of the
5 33 natural resource commission of the department of natural
5 34 resources. State land is defined to include state parks,
5 35 recreation areas, and state forests. The commission is
6 1 directed to designate, by rule adopted pursuant to Code
6 2 chapter 17A, the state parks, recreation areas, and state
6 3 forests or parts of the state parks, and state forests where a
6 4 park user permit is required for motor vehicles to park. The
6 5 fees for park user permits are as follows: an annual fee of
6 6 $20 for a resident vehicle, an annual fee of $10 for a second
6 7 resident vehicle, and an annual fee of $30 for a nonresident
6 8 vehicle; a 14-day fee of $10 for a resident vehicle, a 14-day
6 9 fee of $5 for an additional resident vehicle, and a 14-day fee
6 10 of $20 for a nonresident vehicle; a one-day fee of $4 for a
6 11 resident vehicle, a one-day fee of $4 for an additional
6 12 resident vehicle, and a one-day fee of $5 for a nonresident
6 13 vehicle; a daily group fee of $50 for resident vehicles, and a
6 14 daily group fee of $100 for nonresident vehicles, and a
6 15 lifetime fee of $50 for residents 60 years of age or older and
6 16 a lifetime fee of $100 for nonresidents 60 years of age or
6 17 older. Permits are not transferable, but if the ownership of
6 18 a motor vehicle is transferred, a holder of a lifetime permit
6 19 shall be issued another lifetime permit without fee and the
6 20 holder of an annual permit shall be issued another annual
6 21 permit with credit for the remainder of the calendar year.
6 22 Free park user permits shall be issued to individuals who
6 23 present a current medical assistance identification card
6 24 provided by the department of human services and to
6 25 individuals who declare themselves in writing to be current
6 26 food stamp recipients and who sign a release allowing the
6 27 department of human services to confirm or deny their
6 28 eligibility status upon request of a county recorder or the
6 29 department. Exemptions are provided for official government
6 30 motor vehicles on official business, a vehicle being towed or
6 31 carried by a motor vehicle, a motor vehicle traveling on a
6 32 public highway in or through state land, a school bus, a motor
6 33 vehicle displaying a person with disabilities parking permit,
6 34 a motor vehicle operated by friend or family members of an
6 35 officer or employee of the department residing on state land,
7 1 and a motor vehicle transporting employees or furnishing
7 2 services or supplies to the commission or a designated
7 3 concessionaire.
7 4 The park user permits are to be issued for a calendar year,
7 5 fourteen consecutive days, or 24 hours. The park user permits
7 6 are to be sold by the department and depositaries designated
7 7 by the department. A county recorder may also sell the park
7 8 user permits. A writing fee of $.50 shall be collected by a
7 9 county recorder or depositary who sells the permit.
7 10 A full-time or temporary officer of the commission who
7 11 observes a motor vehicle parked in violation of the park user
7 12 permit requirement shall take the vehicle's registration
7 13 number and may take other information displayed on the vehicle
7 14 which may identify its operator and deliver to the operator or
7 15 conspicuously affix to the motor vehicle a written citation of
7 16 violation. A person who receives the citation or knows that a
7 17 citation has been affixed to the motor vehicle owned or
7 18 controlled by the person shall pay a civil penalty equal to
7 19 the cost of an annual park user permit to the department
7 20 within 20 days. If the civil penalty is not timely paid, the
7 21 department shall cause a complaint to be filed against the
7 22 owner or operator before a magistrate. Timely payment of the
7 23 civil payment shall be a bar to any criminal prosecution for
7 24 that violation. All civil penalties are credited to the
7 25 general fund of the state. If a citation is issued for a
7 26 violation and a plea of guilty is entered on or before the
7 27 time and date set for appearance, the fine shall be twice the
7 28 cost of an annual park user permit, but the court costs and
7 29 criminal penalty surcharge shall not be imposed.
7 30 The department shall provide its officers with sets of
7 31 triplicate notices. One copy shall be used as a citation of
7 32 violation and delivered to the person charged or affixed to
7 33 the vehicle illegally parked, one copy shall be sworn to by
7 34 the officer as a complaint and may be filed with the clerk of
7 35 the district court if the civil penalty is not timely paid,
8 1 and one copy shall be retained by the department for record
8 2 purposes.
8 3 Each depositary and each participating county recorder
8 4 shall remit all fees from the sale of the park user permits
8 5 within 10 days from the end of the month to the department.
8 6 The moneys shall be credited by the treasurer of state to the
8 7 state conservation fund. Notwithstanding Code section 12C.7,
8 8 interest or earnings on investments or time deposits of the
8 9 moneys in the state conservation fund received from the sales
8 10 of the park user permits shall be credited to the state
8 11 conservation fund.
8 12 The bill also authorizes the natural resource commission to
8 13 negotiate an agreement with other states to issue multistate
8 14 park user permits. If negotiated, the agreement shall provide
8 15 that the commission receive a fee for each multistate park
8 16 user permit issued at least equal to 75 percent of a
8 17 comparable nonresident vehicle permit fee specified in the
8 18 bill.
8 19 The bill also strikes and reenacts Code section 461A.35A
8 20 which prohibits the imposition of a fee upon a person for
8 21 entering into a state park or preserve.
8 22 The bill takes effect December 15, 2002, and applies to
8 23 park user permits and fees for the years beginning on and
8 24 after January 1, 2003.
8 25 LSB 5097HH 79
8 26 tj/cls/14.2
Text: HF02071 Text: HF02073 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
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