HF 2142 (LSB 5796YH (3) 83)

HOUSE FILE 2142

BY  FREVERT

A BILL FOR

An Act relating to park user permits and fees, providing penalties, making an appropriation, and including repeal and effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 461A.35A, Code 2009, is amended by striking the section and inserting in lieu thereof the following:
   461A.35A  Park user permits —— exceptions —— penalties.
   1.  Definitions.  As used in this section, unless the context otherwise requires:
   a.  “State land” means a state park or recreation area or state forest or parts of state park or recreation area or state forest under the jurisdiction of the commission.
   b.  “Motor vehicle” means a motor vehicle required to be registered under chapter 321 or a nonresident motor vehicle which is registered in another state.
   2.  Exempt motor vehicles.  This section does not apply to the following motor vehicles:
   a.  Official government motor vehicles, or motor vehicles operated by state, county, city, and federal employees and agents while in the performance of official government business.
   b.  Motor vehicles operated by family members and guests of a department employee residing at an area subject to the park user permit requirement. The department shall provide for temporary devices to identify the motor vehicles of such guests.
   c.  A motor vehicle moving on highways within or through state land.
   d.  A motor vehicle transporting employees or furnishing services or supplies to the department or a designated concessionaire.
   e.  A motor vehicle displaying a persons with disabilities identification device issued under chapter 321L.
   f.  A motor vehicle operated by a person who receives food stamps or is a recipient of medical assistance under chapter 249A.
   g.  A motor vehicle operated by a person who is sixty-five years of age or older.
   h.  Any vehicle towed behind or carried on another motor vehicle.
   i.  A school bus as defined in section 321.1.
   3.  Park user permits required.  A person shall not park a motor vehicle on state land where a park user permit is required to be displayed unless a park user permit is attached to the motor vehicle as required by this section. The requirement of a park user permit applies to all state land designated by the commission. The commission shall designate, by rule adopted pursuant to chapter 17A, all or parts of state land where the display of a park user permit is required. However, the requirement to display a park user permit shall not apply to any land acquired by gift if a condition of the gift is the free, public use of the land. The rules shall provide for the display of the park user permit on a motor vehicle and may specify time periods during which a park user permit is not required to be displayed in order to park on designated state land. A park user permit is not transferable between motor vehicles. However, if the ownership of a motor vehicle is transferred, the commission, by rule, shall provide for the return and issuance of a new annual park user permit with credit given for the remainder of the calendar year.
   4.  Period of validity —— fees.  The user permit issued by the department is valid for either the calendar year in which issued or for twenty-four hours from the time of purchase. The fee for a calendar year permit is ten dollars and the fee for a daily permit is two dollars.
   5.  Issuance of park user permits.  The park user permits shall be issued by the department or the depositaries as specified by rules of the commission. A county recorder may issue park user permits subject to the rules of the commission. The rules shall include the application procedures as necessary, shall provide for the issuance of the permits on designated state lands and at times and other locations of convenience to park users, and shall provide for the issuance of additional resident permits for motor vehicles owned or ordinarily driven by immediate family members residing at the same address as the person issued the first annual permit. The park user permits shall show the cost of the permit and a writing fee of fifty cents each if sold by a county recorder or a depositary. The director may designate depositaries for the sale of park user permits but the interest of the state shall be fully protected. A county recorder shall be responsible for all fees for the issuance of park user permits sold through the recorder’s office. All unused park user permits shall be surrendered to the department upon request of the director. A duplicate park user permit shall not be issued.
   6.  Enforcement —— civil and criminal penalty.
   a.  A full-time or temporary officer of the commission who observes a motor vehicle parked in violation of this section shall take the vehicle’s registration number and may take other information displayed on the vehicle which may identify its operator and deliver to the operator or conspicuously affix to the motor vehicle a written citation of violation on a form provided by the commission. A person who receives the citation or knows that a citation has been affixed to the motor vehicle owned or controlled by the person shall pay a civil penalty of twenty dollars to the department within twenty days. However, purchase of an annual permit within twenty days shall be a bar to prosecution for that violation. If an annual permit is not timely purchased, the department shall cause a complaint to be filed against the owner or operator of the motor vehicle before a magistrate for the violation of this section in the manner provided in section 804.1. All civil penalties collected under this subsection shall be deposited in the general fund of the state.
   b.  If a complaint is issued for a violation of this section and a plea of guilty is entered on or before the time and date set for appearance, the fine shall be twenty dollars, but the court costs and criminal penalty surcharge specified in section 911.1 shall not be imposed.
   c.  If a complaint is issued for a violation of this section and the defendant is found guilty, the fine shall be twenty dollars. Court costs and the criminal penalty surcharge specified in section 911.1 shall also be imposed.
   d.  The commission shall provide its officers with sets of triplicate notices, each identified by separate serial numbers on each copy of the notice. One copy shall be used as a citation of violation and delivered to the person charged or affixed to the motor vehicle illegally parked, one copy shall be sworn to by the officer as a complaint and may be filed with the clerk of the district court of the county if an annual permit is not timely purchased, and one copy shall be retained by the department for record purposes.
   7.  Remittance of park user fees —— state conservation fund.  Each depositary and each participating county recorder shall remit to the department all fees from the sale of park user permits within ten days from the end of the month. The department shall remit the fees from the sales of park user permits to the treasurer of state who shall credit the moneys to the state conservation fund. Proceeds collected from the sale of park user permits are appropriated to the commission and shall be used solely for the establishment, maintenance, improvement, and beautification of public parks and preserves in the state. Notwithstanding section 12C.7, interest or earnings on investments or time deposits of the moneys in the state conservation fund received from the sales of park user permits shall be credited to the state conservation fund.
   8.  This section is repealed December 31, 2015.
    Sec. 2.  EFFECTIVE DATE.  This Act takes effect January 1, 2011.
EXPLANATION
   This bill authorizes the natural resource commission to establish park user permits and fees to park certain motor vehicles on state lands under the jurisdiction of the natural resource commission. The department of natural resources is authorized to issue daily permits that cost $2 and yearly permits that cost $10.
   The park user permits shall be sold by the department, by county recorders, and by depositaries specified by rules of the commission with a writing fee of 50 cents each allowed for permits sold by a county recorder or a depositary.
   A commission officer who observes a violation of the park user permit requirement may issue a citation of violation and affix it to the motor vehicle. A person who receives a citation of violation may purchase as annual park user permit within 20 days. Purchase of an annual permit in a timely manner is a bar to any criminal prosecution for a violation. 
   If an annual permit is not timely purchased, the department may issue a criminal complaint against the owner or operator of the motor vehicle. If a plea of guilty is entered before the time and date set for appearance, no court costs are imposed. The fine for a violation is $20. If a complaint is issued for a violation and the defendant is found guilty, the fine is $20 plus court costs and the criminal penalty surcharge specified in Code section 911.1. Civil penalties collected shall be deposited in the general fund of the state.
   Fees from sales of user permits are required to be remitted to the department of natural resources to be remitted by the department to the treasurer of state for credit to the state conservation fund. Proceeds collected from the sale of park user permits are appropriated to the natural resource commission and shall be used solely for the establishment, maintenance, improvement, and beautification of public parks and preserves in the state.
   The bill takes effect January 1, 2011, and is repealed on December 31, 2015.