Text: SSB01150 Text: SSB01152 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 461A.35A, Code 2003, is amended by
1 2 striking the section and inserting in lieu thereof the
1 3 following:
1 4 461A.35A PARK USER PERMITS – 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. EXEMPT MOTOR VEHICLES. This section does not apply to
1 14 the following motor vehicles:
1 15 a. Official government motor vehicles, or motor vehicles
1 16 operated by state, county, city, and federal employees and
1 17 agents while in the performance of official government
1 18 business.
1 19 b. Motor vehicles operated by family members and guests of
1 20 a department employee residing at an area subject to the park
1 21 user permit requirement. The department shall provide for
1 22 temporary devices to identify the motor vehicles of such
1 23 guests.
1 24 c. A motor vehicle moving on highways within or through
1 25 state land.
1 26 d. A motor vehicle transporting employees or furnishing
1 27 services or supplies to the department or a designated
1 28 concessionaire.
1 29 e. A motor vehicle displaying a handicapped identification
1 30 device issued under chapter 321L.
1 31 f. Any vehicle towed behind or carried on another motor
1 32 vehicle.
1 33 g. A school bus as defined in section 321.1.
1 34 3. PARK USER PERMITS REQUIRED. A person shall not park a
1 35 motor vehicle on state land where a park user permit is
2 1 required to be displayed unless a park user permit is attached
2 2 to the motor vehicle as required by this section. The
2 3 requirement of a park user permit applies to all state land
2 4 designated by the commission. The commission shall designate,
2 5 by rule adopted pursuant to chapter 17A, all or parts of state
2 6 land where the display of a park user permit is required.
2 7 However, the requirement to display a park user permit shall
2 8 not apply to any land acquired by gift if a condition of the
2 9 gift is the free, public use of the land. The rules shall
2 10 provide for the display of the park user permit on a motor
2 11 vehicle and may specify time periods during which a park user
2 12 permit is not required to be displayed in order to park on
2 13 designated state land. A park user permit is not transferable
2 14 between motor vehicles. However, if the ownership of a motor
2 15 vehicle is transferred, the commission, by rule, shall provide
2 16 for the return and issuance of a new annual park user permit
2 17 with credit given for the remainder of the calendar year.
2 18 4. PERIOD OF VALIDITY – FEES. The user permit issued by
2 19 the department is valid for either the calendar year in which
2 20 issued or for twenty-four hours from the time of purchase.
2 21 The department shall set a fee for a calendar year permit and
2 22 a fee for a daily permit in such amounts as may be determined
2 23 by the department.
2 24 5. ISSUANCE OF PARK USER PERMITS. The park user permits
2 25 shall be issued by the department or the depositaries as
2 26 specified by rules of the commission. A county recorder may
2 27 issue park user permits subject to the rules of the
2 28 commission. The rules shall include the application
2 29 procedures as necessary, shall provide for the issuance of the
2 30 permits on designated state lands and at times and other
2 31 locations of convenience to park users, and shall provide for
2 32 the issuance of additional resident permits for motor vehicles
2 33 owned or ordinarily driven by immediate family members
2 34 residing at the same address as the person issued the first
2 35 annual permit. The park user permits shall show the cost of
3 1 the permit and a writing fee of fifty cents each if sold by a
3 2 county recorder or a depositary. The director may designate
3 3 depositaries for the sale of park user permits but the
3 4 interest of the state shall be fully protected. A county
3 5 recorder shall be responsible for all fees for the issuance of
3 6 park user permits sold through the recorder's office. All
3 7 unused park user permits shall be surrendered to the
3 8 department upon request of the director. A duplicate park
3 9 user permit shall not be issued.
3 10 6. ENFORCEMENT – CIVIL AND CRIMINAL PENALTY.
3 11 a. A full-time or temporary officer of the commission who
3 12 observes a motor vehicle parked in violation of this section
3 13 shall take the vehicle's registration number and may take
3 14 other information displayed on the vehicle which may identify
3 15 its operator and deliver to the operator or conspicuously
3 16 affix to the motor vehicle a written citation of violation on
3 17 a form provided by the commission. A person who receives the
3 18 citation or knows that a citation has been affixed to the
3 19 motor vehicle owned or controlled by the person shall pay a
3 20 civil penalty equal to the cost of an annual park user permit
3 21 to the department within twenty days. If the civil penalty is
3 22 not timely paid, the department shall cause a complaint to be
3 23 filed against the owner or operator of the motor vehicle
3 24 before a magistrate for the violation of this section in the
3 25 manner provided in section 804.1. Timely payment of the civil
3 26 penalty for a violation of this section shall be a bar to any
3 27 prosecution for that violation. All civil penalties collected
3 28 under this subsection shall be deposited in the general fund
3 29 of the state.
3 30 b. If a citation is issued for a violation of this section
3 31 and a plea of guilty is entered on or before the time and date
3 32 set for appearance, the fine shall be twice the cost of an
3 33 annual park user permit, but the court costs and criminal
3 34 penalty surcharge specified in section 911.2 shall not be
3 35 imposed.
4 1 c. If a citation is issued for a violation of this section
4 2 and the defendant is found guilty, the fine shall be twice the
4 3 cost of an annual park user permit. Court costs and the
4 4 criminal penalty surcharge specified in section 911.2 shall
4 5 also be imposed.
4 6 d. The commission shall provide its officers with sets of
4 7 triplicate notices each identified by separate serial numbers
4 8 on each copy of the notice. One copy shall be used as a
4 9 citation of violation and delivered to the person charged or
4 10 affixed to the motor vehicle illegally parked, one copy shall
4 11 be sworn to by the officer as a complaint and may be filed
4 12 with the clerk of the district court of the county if the
4 13 civil penalty is not timely paid to the department, and one
4 14 copy shall be retained by the department for record purposes.
4 15 7. REMITTANCE OF PARK USER FEES – STATE CONSERVATION
4 16 FUND. Each depositary and each participating county recorder
4 17 shall remit to the department all fees from the sale of park
4 18 user permits within ten days from the end of the month. The
4 19 department shall remit the fees from the sales of park user
4 20 permits to the treasurer of state who shall credit the moneys
4 21 to the state conservation fund. Notwithstanding section
4 22 12C.7, interest or earnings on investments or time deposits of
4 23 the moneys in the state conservation fund received from the
4 24 sales of park user permits shall be credited to the state
4 25 conservation fund.
4 26 Sec. 2. EFFECTIVE DATE. This Act takes effect January 1
4 27 following its enactment.
4 28 EXPLANATION
4 29 This bill authorizes the natural resource commission to
4 30 establish park user permits and fees to park certain motor
4 31 vehicles on state lands under the jurisdiction of the natural
4 32 resource commission. The department of natural resources is
4 33 authorized to issue daily permits and yearly permits and to
4 34 fix the fees to be charged for the permits.
4 35 The park user permits shall be sold by the department, by
5 1 county recorders, and by depositaries specified by rules of
5 2 the commission with a writing fee of 50 cents each allowed for
5 3 permits sold by a county recorder or a depositary.
5 4 A commission officer who observes a violation of the park
5 5 user permit requirement may issue a citation of violation and
5 6 affix it to the motor vehicle. A person who receives a
5 7 citation of violation may pay a civil penalty equal to the
5 8 cost of an annual park user permit within 20 days. Payment of
5 9 the civil penalty in a timely manner is a bar to any criminal
5 10 prosecution for a violation. Civil penalties collected shall
5 11 be deposited in the general fund of the state.
5 12 If the civil penalty is not timely paid, the department may
5 13 issue a criminal citation against the owner or operator of the
5 14 motor vehicle. If a plea of guilty is entered before the time
5 15 and date set for appearance, no court costs are imposed. The
5 16 fine for a violation is twice the cost of an annual park user
5 17 permit. If a citation is issued for a violation and the
5 18 defendant is found guilty, the fine is twice the cost of an
5 19 annual park user permit plus court costs and the criminal
5 20 penalty surcharge specified in Code section 911.2.
5 21 Fees from sales of user permits are required to be remitted
5 22 to the department of natural resources to be remitted by the
5 23 department to the treasurer of state for credit to the state
5 24 conservation fund.
5 25 The bill takes effect January 1 following its enactment.
5 26 LSB 2882SC 80
5 27 av/cl/14
Text: SSB01150 Text: SSB01152 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
© 2003 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Mar 7 02:30:36 CST 2003
URL: /DOCS/GA/80GA/Legislation/SSB/01100/SSB01151/030306.html
jhf