SF2006 - The wording on the "Bicycle License Bill"

Wed January 16 2008
Posted Jan 16, 2008
10,512

SF2006 - A bill for an act requiring bicyclists riding on state or county highways to have a license and providing for fees and penalties. submitted by Senator John Putney from Gladbrook IA comments can be posted here hr color='gray'> Senate File 2006 - Introduced SENATE FILE BY PUTNEY Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act requiring bicyclists riding on state or county highways to 2 have a license and providing for fees and penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5062SS 82 5 md/nh/14 PAG LIN 1 1 Section 1. Section 321.236, subsection 10, Code Supplement 1 2 2007, is amended to read as follows: 1 3 10. Regulating the operation of bicycles and requiring the 1 4 registration and licensing of the same, including the 1 5 requirement of a registration fee. However, the regulations 1 6 shall not conflict with the provisions of section 321.234 or 1 7 321.275A. 1 8 Sec. 2. NEW SECTION. 321.275A BICYCLIST'S LICENSES == 1 9 FEES == PENALTIES. 1 10 1. As used in this section: 1 11 a. "License" means a privilege granted by the department 1 12 to ride or operate a bicycle. 1 13 b. "License agent" means an individual, business, or 1 14 governmental agency authorized to sell a license. 1 15 c. "Person" means a person who meets the requirements for 1 16 residency described in section 321.1A. 1 17 2. a. Except as otherwise provided in paragraph "b", a 1 18 person shall not operate or ride a bicycle on a primary or 1 19 secondary road, including bicycle lanes, without first 1 20 obtaining a license and paying a ten dollar license fee. 1 21 b. A license issued pursuant to this section shall not be 1 22 required: 1 23 (1) To ride or operate a bicycle on a municipal street. 1 24 (2) To ride or operate a bicycle on a designated bicycle 1 25 path. 1 26 (3) To participate in a race or event of more than thirty 1 27 participants where one of the primary activities of the race 1 28 or event is riding or operating a bicycle. 1 29 (4) To ride or operate a bicycle as a participant of a 1 30 parade. 1 31 c. A person who violates this subsection is guilty of a 1 32 simple misdemeanor punishable as a scheduled violation under 1 33 section 805.8A, subsection 4, paragraph "d". 1 34 3. a. A license issued pursuant to this section shall be 1 35 issued by the department or a license agent as specified by 2 1 rule of the department. 2 2 b. A license is valid from the date issued for a period of 2 3 five years. 2 4 c. A license shall contain all of the following: 2 5 (1) The licensee's name. 2 6 (2) The licensee's date of birth. 2 7 (3) The licensee's address. 2 8 (4) The licensee's signature. 2 9 (5) The date the license was issued. 2 10 (6) The license number. 2 11 d. Licenses shall be upon such forms as the department 2 12 shall adopt. Blank licenses shall be printed by the 2 13 department and distributed to license agents. 2 14 e. All information on the license shall be in ink. 2 15 f. The department may authorize the sale of licenses 2 16 through the department's web site. 2 17 4. a. The department may designate license agents for the 2 18 sale of licenses, but in so doing the interest of the state 2 19 shall be fully protected. 2 20 b. A license agent shall be responsible for all of the 2 21 following: 2 22 (1) Collecting all fees for licenses sold by the license 2 23 agent. 2 24 (2) Recording and remitting to the department all 2 25 information contained on each license document. 2 26 (3) Maintaining the information and fees collected by the 2 27 license agent in a secure location. 2 28 c. A license agent shall retain a writing fee of one 2 29 dollar from the sale of each license. The remaining fees 2 30 shall be remitted to the department. 2 31 d. Fees collected by the department under this section 2 32 shall be deposited in the road use tax fund. 2 33 e. The department shall maintain a database of all 2 34 information contained on license documents. 2 35 f. The department shall establish, by rule, specific 3 1 requirements for remittance of funds and license document 3 2 information, and the necessary accounting and reporting 3 3 requirements based on the manner and location of the issuance 3 4 of a license document. 3 5 g. All unused license forms shall be surrendered by the 3 6 license agent to the department upon the department's demand. 3 7 5. When a license has been lost, destroyed, or stolen, the 3 8 department may issue a replacement license if, on examination 3 9 of the evidence, the department is satisfied that the license 3 10 has been lost, destroyed, or stolen. A replacement license 3 11 shall be plainly marked "duplicate". The replacement shall 3 12 serve in lieu of the original license and it shall contain the 3 13 same information as the original. Each replacement license 3 14 shall require a two dollar fee paid to the department. The 3 15 department shall deposit all fees collected from the issuance 3 16 of replacement licenses in the road use tax fund. License 3 17 agents shall not issue replacement licenses. 3 18 6. A person riding or operating a bicycle on a primary or 3 19 secondary road shall show the person's license to any peace 3 20 officer when requested by the peace officer to do so. A 3 21 failure to carry or refusal to show or exhibit the person's 3 22 license is a violation of this subsection. A person who 3 23 violates this subsection is guilty of a simple misdemeanor 3 24 punishable as a scheduled violation under section 805.8A, 3 25 subsection 4, paragraph "d". Upon the conviction of a person 3 26 under this subsection, the person's license shall be revoked 3 27 by the department. Upon revocation of a license the 3 28 department or a license agent shall not grant the person a new 3 29 license for a period of one year. However, a person charged 3 30 with violating this subsection shall not be convicted if the 3 31 person produces in court, prior to the court date indicated on 3 32 the citation, a license issued to the person and valid when 3 33 the person was charged with a violation of this subsection. 3 34 7. When a license is revoked, the date, cause, and tenure 3 35 of such revocation shall be kept on file with the department. 4 1 The department shall refuse to issue a new license to any 4 2 person whose privilege for obtaining a license is revoked. 4 3 8. The department may establish, by rule, fees for lists 4 4 of licensees. Notwithstanding section 22.3, the fee for a 4 5 list of licensees may exceed the cost of preparing the list 4 6 and providing the copying service. 4 7 Sec. 3. Section 805.8A, subsection 4, Code 2007, is 4 8 amended to read as follows: 4 9 4. Driver's license and bicyclist's license violations. 4 10 a. For violations under sections 321.174A, 321.180, 4 11 321.180B, 321.193, and 321.194, the scheduled fine is thirty 4 12 dollars. 4 13 b. For a violation of section 321.216, the scheduled fine 4 14 is seventy=five dollars. 4 15 c. For violations under sections 321.174, 321.216B, 4 16 321.216C, 321.219, and 321.220, the scheduled fine is one 4 17 hundred dollars. 4 18 d. For violations under section 321.275A, the scheduled 4 19 fine is ten dollars. 4 20 EXPLANATION 4 21 This bill requires all persons who operate or ride a 4 22 bicycle on a primary or secondary road to have a bicyclist's 4 23 license. A nonresident bicyclist is not required to obtain a 4 24 license. A license is not required to ride on a municipal 4 25 street or designated bicycle path. A license is also not 4 26 required to ride a bicycle while participating in a race or 4 27 event of more than 30 participants where one of the primary 4 28 activities is riding a bicycle. A person who violates the new 4 29 requirement is guilty of a simple misdemeanor and must pay a 4 30 scheduled fine of $10. 4 31 The bill allows the department of transportation or a 4 32 specified license agent to grant licenses. The bill also 4 33 authorizes the department to sell licenses through the 4 34 department's web site. Each license requires payment of a $10 4 35 fee and is valid for five years. Every license must contain 5 1 the licensee's name, date of birth, address, and signature, as 5 2 well as the license number and date the license was issued. 5 3 The bill requires the department to maintain a database of all 5 4 information contained on the license. 5 5 License agents designated by the department are responsible 5 6 for collecting all fees for licenses sold by the license 5 7 agent, recording and remitting to the department all 5 8 information contained on each license document, and 5 9 maintaining the information and fees collected in a secure 5 10 location. The bill requires each license agent to retain $1 5 11 of the $10 license fee. The remaining portion of the fee is 5 12 remitted to the department for deposit in the road use tax 5 13 fund. 5 14 Replacement licenses may be issued by the department if the 5 15 department is satisfied that the license has been lost, 5 16 destroyed, or stolen. The replacement license costs $2 and 5 17 must be labeled as a "duplicate". Fees collected from the 5 18 issuance of replacement licenses must be deposited in the road 5 19 use tax fund. License agents are not permitted to issue 5 20 replacement licenses. 5 21 The bill requires every person riding a bicycle on a 5 22 primary or secondary road to show the person's license to any 5 23 peace officer when requested by the peace officer to do so. A 5 24 failure to carry or a refusal to show the person's license 5 25 constitutes a simple misdemeanor and a $10 fine is imposed. A 5 26 conviction for failing to carry or refusing to show a license 5 27 also results in the revocation of the license and a suspension 5 28 of the person's privilege to obtain a license for a period of 5 29 one year. A charge of failing to carry or refusal to show a 5 30 license will be dismissed if the person produces in court, 5 31 prior to the court date indicated on the citation, a license 5 32 issued to the person that was valid when the person was 5 33 charged with a violation. 5 34 When a license is revoked, the date, cause, and tenure of 5 35 the revocation must be kept on file with the department. Upon 6 1 revocation of a license, the department or a license agent 6 2 shall not grant a new license for a period of one year. 6 3 The bill also authorizes the department to establish fees 6 4 for lists of licensees. 6 5 LSB 5062SS 82 6 6 md/nh/14 Other News Legislation filed to require licensing of bicyclists