H.F. 2142 Section 1. Section 461A.35A, Code 2009, is amended by 1 striking the section and inserting in lieu thereof the 2 following: 3 461A.35A Park user permits —— exceptions —— penalties. 4 1. Definitions. As used in this section, unless the context 5 otherwise requires: 6 a. “State land” means a state park or recreation area or 7 state forest or parts of state park or recreation area or state 8 forest under the jurisdiction of the commission. 9 b. “Motor vehicle” means a motor vehicle required to be 10 registered under chapter 321 or a nonresident motor vehicle 11 which is registered in another state. 12 2. Exempt motor vehicles. This section does not apply to 13 the following motor vehicles: 14 a. Official government motor vehicles, or motor vehicles 15 operated by state, county, city, and federal employees 16 and agents while in the performance of official government 17 business. 18 b. Motor vehicles operated by family members and guests 19 of a department employee residing at an area subject to the 20 park user permit requirement. The department shall provide 21 for temporary devices to identify the motor vehicles of such 22 guests. 23 c. A motor vehicle moving on highways within or through 24 state land. 25 d. A motor vehicle transporting employees or furnishing 26 services or supplies to the department or a designated 27 concessionaire. 28 e. A motor vehicle displaying a persons with disabilities 29 identification device issued under chapter 321L. 30 f. A motor vehicle operated by a person who receives food 31 stamps or is a recipient of medical assistance under chapter 32 249A. 33 g. A motor vehicle operated by a person who is sixty-five 34 years of age or older. 35 -1- LSB 5796YH (3) 83 av/nh 1/ 5

H.F. 2142 h. Any vehicle towed behind or carried on another motor 1 vehicle. 2 i. A school bus as defined in section 321.1. 3 3. Park user permits required. A person shall not park 4 a motor vehicle on state land where a park user permit is 5 required to be displayed unless a park user permit is attached 6 to the motor vehicle as required by this section. The 7 requirement of a park user permit applies to all state land 8 designated by the commission. The commission shall designate, 9 by rule adopted pursuant to chapter 17A, all or parts of state 10 land where the display of a park user permit is required. 11 However, the requirement to display a park user permit shall 12 not apply to any land acquired by gift if a condition of the 13 gift is the free, public use of the land. The rules shall 14 provide for the display of the park user permit on a motor 15 vehicle and may specify time periods during which a park user 16 permit is not required to be displayed in order to park on 17 designated state land. A park user permit is not transferable 18 between motor vehicles. However, if the ownership of a motor 19 vehicle is transferred, the commission, by rule, shall provide 20 for the return and issuance of a new annual park user permit 21 with credit given for the remainder of the calendar year. 22 4. Period of validity —— fees. The user permit issued by 23 the department is valid for either the calendar year in which 24 issued or for twenty-four hours from the time of purchase. The 25 fee for a calendar year permit is ten dollars and the fee for 26 a daily permit is two dollars. 27 5. Issuance of park user permits. The park user permits 28 shall be issued by the department or the depositaries as 29 specified by rules of the commission. A county recorder 30 may issue park user permits subject to the rules of the 31 commission. The rules shall include the application procedures 32 as necessary, shall provide for the issuance of the permits 33 on designated state lands and at times and other locations of 34 convenience to park users, and shall provide for the issuance 35 -2- LSB 5796YH (3) 83 av/nh 2/ 5

H.F. 2142 of additional resident permits for motor vehicles owned or 1 ordinarily driven by immediate family members residing at the 2 same address as the person issued the first annual permit. 3 The park user permits shall show the cost of the permit and a 4 writing fee of fifty cents each if sold by a county recorder or 5 a depositary. The director may designate depositaries for the 6 sale of park user permits but the interest of the state shall 7 be fully protected. A county recorder shall be responsible for 8 all fees for the issuance of park user permits sold through 9 the recorder’s office. All unused park user permits shall be 10 surrendered to the department upon request of the director. A 11 duplicate park user permit shall not be issued. 12 6. Enforcement —— civil and criminal penalty. 13 a. A full-time or temporary officer of the commission who 14 observes a motor vehicle parked in violation of this section 15 shall take the vehicle’s registration number and may take other 16 information displayed on the vehicle which may identify its 17 operator and deliver to the operator or conspicuously affix to 18 the motor vehicle a written citation of violation on a form 19 provided by the commission. A person who receives the citation 20 or knows that a citation has been affixed to the motor vehicle 21 owned or controlled by the person shall pay a civil penalty of 22 twenty dollars to the department within twenty days. However, 23 purchase of an annual permit within twenty days shall be a bar 24 to prosecution for that violation. If an annual permit is not 25 timely purchased, the department shall cause a complaint to be 26 filed against the owner or operator of the motor vehicle before 27 a magistrate for the violation of this section in the manner 28 provided in section 804.1. All civil penalties collected under 29 this subsection shall be deposited in the general fund of the 30 state. 31 b. If a complaint is issued for a violation of this section 32 and a plea of guilty is entered on or before the time and date 33 set for appearance, the fine shall be twenty dollars, but the 34 court costs and criminal penalty surcharge specified in section 35 -3- LSB 5796YH (3) 83 av/nh 3/ 5

H.F. 2142 911.1 shall not be imposed. 1 c. If a complaint is issued for a violation of this section 2 and the defendant is found guilty, the fine shall be twenty 3 dollars. Court costs and the criminal penalty surcharge 4 specified in section 911.1 shall also be imposed. 5 d. The commission shall provide its officers with sets 6 of triplicate notices, each identified by separate serial 7 numbers on each copy of the notice. One copy shall be used as 8 a citation of violation and delivered to the person charged or 9 affixed to the motor vehicle illegally parked, one copy shall 10 be sworn to by the officer as a complaint and may be filed with 11 the clerk of the district court of the county if an annual 12 permit is not timely purchased, and one copy shall be retained 13 by the department for record purposes. 14 7. Remittance of park user fees —— state conservation 15 fund. Each depositary and each participating county recorder 16 shall remit to the department all fees from the sale of park 17 user permits within ten days from the end of the month. The 18 department shall remit the fees from the sales of park user 19 permits to the treasurer of state who shall credit the moneys 20 to the state conservation fund. Proceeds collected from the 21 sale of park user permits are appropriated to the commission 22 and shall be used solely for the establishment, maintenance, 23 improvement, and beautification of public parks and preserves 24 in the state. Notwithstanding section 12C.7, interest or 25 earnings on investments or time deposits of the moneys in the 26 state conservation fund received from the sales of park user 27 permits shall be credited to the state conservation fund. 28 8. This section is repealed December 31, 2015. 29 Sec. 2. EFFECTIVE DATE. This Act takes effect January 1, 30 2011. 31 EXPLANATION 32 This bill authorizes the natural resource commission to 33 establish park user permits and fees to park certain motor 34 vehicles on state lands under the jurisdiction of the natural 35 -4- LSB 5796YH (3) 83 av/nh 4/ 5

H.F. 2142 resource commission. The department of natural resources is 1 authorized to issue daily permits that cost $2 and yearly 2 permits that cost $10. 3 The park user permits shall be sold by the department, by 4 county recorders, and by depositaries specified by rules of 5 the commission with a writing fee of 50 cents each allowed for 6 permits sold by a county recorder or a depositary. 7 A commission officer who observes a violation of the park 8 user permit requirement may issue a citation of violation 9 and affix it to the motor vehicle. A person who receives a 10 citation of violation may purchase as annual park user permit 11 within 20 days. Purchase of an annual permit in a timely 12 manner is a bar to any criminal prosecution for a violation. 13 If an annual permit is not timely purchased, the department 14 may issue a criminal complaint against the owner or operator of 15 the motor vehicle. If a plea of guilty is entered before the 16 time and date set for appearance, no court costs are imposed. 17 The fine for a violation is $20. If a complaint is issued for 18 a violation and the defendant is found guilty, the fine is $20 19 plus court costs and the criminal penalty surcharge specified 20 in Code section 911.1. Civil penalties collected shall be 21 deposited in the general fund of the state. 22 Fees from sales of user permits are required to be remitted 23 to the department of natural resources to be remitted by 24 the department to the treasurer of state for credit to the 25 state conservation fund. Proceeds collected from the sale of 26 park user permits are appropriated to the natural resource 27 commission and shall be used solely for the establishment, 28 maintenance, improvement, and beautification of public parks 29 and preserves in the state. 30 The bill takes effect January 1, 2011, and is repealed on 31 December 31, 2015. 32 -5- LSB 5796YH (3) 83 av/nh 5/ 5