House File 577 - Introduced
HOUSE FILE
BY COMMITTEE ON NATURAL
RESOURCES
(SUCCESSOR TO HSB 195)
A BILL FOR
1 An Act relating to hunter education license requirements,
2 providing for a hunting license with an apprentice hunter
3 designation, and including penalty provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 483A.7, subsection 3, paragraph a, Code
1 2 2015, is amended to read as follows:
1 3 a. A nonresident wild turkey hunter is required to purchase
1 4 a nonresident hunting license that includes the wildlife
1 5 habitat fee and a nonresident wild turkey hunting license. The
1 6 commission shall annually limit to two thousand three hundred
1 7 licenses the number of nonresidents allowed to have wild turkey
1 8 hunting licenses. Of the two thousand three hundred licenses,
1 9 one hundred fifty licenses shall be valid for hunting with
1 10 muzzle loading shotguns only. The commission shall allocate
1 11 the nonresident wild turkey hunting licenses issued among the
1 12 zones based on the populations of wild turkey. A nonresident
1 13 applying for a wild turkey hunting license must exhibit proof
1 14 of having successfully completed a hunter safety and ethics
1 15 education program as provided in section 483A.27 or its
1 16 equivalent as determined by the department before the license
1 17 is issued.
1 18 Sec. 2. Section 483A.8, subsection 3, paragraph d, Code
1 19 2015, is amended to read as follows:
1 20 d. The commission shall allocate all nonresident deer
1 21 hunting licenses issued among the zones based on the
1 22 populations of deer. However, a nonresident applicant may
1 23 request one or more hunting zones, in order of preference, in
1 24 which the applicant wishes to hunt. If the request cannot
1 25 be fulfilled, the applicable fees shall be returned to the
1 26 applicant. A nonresident applying for a deer hunting license
1 27 must exhibit proof of having successfully completed a hunter
1 28 safety and ethics education program as provided in section
1 29 483A.27 or its equivalent as determined by the department
1 30 before the license is issued.
1 31 Sec. 3. Section 483A.24, subsection 3, paragraph a, Code
1 32 2015, is amended to read as follows:
1 33 a. Fifty of the nonresident deer hunting licenses shall be
1 34 allocated as requested by a majority of a committee consisting
1 35 of the majority leader of the senate, speaker of the house
2 1 of representatives, and director of the economic development
2 2 authority, or their designees. The licenses provided pursuant
2 3 to this subsection shall be in addition to the number of
2 4 nonresident licenses authorized pursuant to section 483A.8.
2 5 The purpose of the special nonresident licenses is to allow
2 6 state officials and local development groups to promote the
2 7 state and its natural resources to nonresident guests and
2 8 dignitaries. Photographs, videotapes, or any other form
2 9 of media resulting from the hunting visitation shall not
2 10 be used for political campaign purposes. The nonresident
2 11 licenses shall be issued without application upon purchase of a
2 12 nonresident hunting license that includes the wildlife habitat
2 13 fee and the purchase of a nonresident deer hunting license.
2 14 The licenses are valid in all zones open to deer hunting. The
2 15 hunter safety and ethics education certificate requirement
2 16 pursuant to section 483A.27 is waived for a nonresident issued
2 17 a license pursuant to this subsection.
2 18 Sec. 4. Section 483A.24, subsection 4, paragraph a, Code
2 19 2015, is amended to read as follows:
2 20 a. Fifty of the nonresident wild turkey hunting licenses
2 21 shall be allocated as requested by a majority of a committee
2 22 consisting of the majority leader of the senate, speaker of
2 23 the house of representatives, and director of the economic
2 24 development authority, or their designees. The licenses
2 25 provided pursuant to this subsection shall be in addition
2 26 to the number of nonresident licenses authorized pursuant
2 27 to section 483A.7. The purpose of the special nonresident
2 28 licenses is to allow state officials and local development
2 29 groups to promote the state and its natural resources to
2 30 nonresident guests and dignitaries. Photographs, videotapes,
2 31 or any other form of media resulting from the hunting
2 32 visitation shall not be used for political campaign purposes.
2 33 The nonresident licenses shall be issued without application
2 34 upon purchase of a nonresident hunting license that includes
2 35 the wildlife habitat fee and the purchase of a nonresident wild
3 1 turkey hunting license. The licenses are valid in all zones
3 2 open to wild turkey hunting. The hunter safety and ethics
3 3 education certificate requirement pursuant to section 483A.27
3 4 is waived for a nonresident issued a license pursuant to this
3 5 subsection.
3 6 Sec. 5. Section 483A.24, subsection 5, paragraph e, Code
3 7 2015, is amended to read as follows:
3 8 e. A disabled person who receives a special license under
3 9 this subsection shall complete the hunter safety and ethics
3 10 education course.
3 11 Sec. 6. Section 483A.24, subsection 12, paragraph d, Code
3 12 2015, is amended to read as follows:
3 13 d. A nonresident who receives a special license pursuant to
3 14 this subsection shall purchase a hunting license that includes
3 15 the wildlife habitat fee and the applicable nonresident turkey
3 16 or deer hunting license, but is not required to complete the
3 17 hunter safety and ethics education course if the person is
3 18 accompanied and aided by a person who is at least eighteen
3 19 years of age. The accompanying person must be qualified to
3 20 hunt and have a hunting license that includes the wildlife
3 21 habitat fee. During the hunt, the accompanying adult must be
3 22 within arm's reach of the nonresident licensee.
3 23 Sec. 7. Section 483A.27, Code 2015, is amended to read as
3 24 follows:
3 25 483A.27 Hunter safety and ethics education program ==== license
3 26 requirement.
3 27 1. A person born after January 1, 1972, shall not obtain a
3 28 hunting license unless the person has satisfactorily completed
3 29 a hunter safety and ethics education course approved by the
3 30 commission. A person who is eleven years of age or more
3 31 may enroll in an approved hunter safety and ethics education
3 32 course, but a person who is eleven years of age and who has
3 33 successfully completed the course shall be issued a certificate
3 34 of completion which becomes valid on the person's twelfth
3 35 birthday. A certificate of completion from an approved hunter
4 1 safety and ethics education course issued in this state, or a
4 2 certificate issued by another state, country, or province for
4 3 completion of a course that meets the standards adopted by the
4 4 international hunter education association == United States of
4 5 America, is valid for the requirements of this section.
4 6 2. a. A certificate of completion shall not be issued
4 7 to a person who has not satisfactorily completed a minimum
4 8 of ten hours of training in an approved hunter safety and
4 9 ethics education course. The department shall establish the
4 10 curriculum based on the standards adopted by the international
4 11 hunter education association == United States of America for
4 12 the first ten hours of an the approved hunter safety and ethics
4 13 education course offered in this state. Upon completion
4 14 of the ten=hour curriculum course, each person shall pass
4 15 an individual oral test or a written test provided by the
4 16 department. The department shall establish the criteria for
4 17 successfully passing the tests. Based on the results of
4 18 the test and demonstrated safe handling of a firearm, the
4 19 instructor shall determine the persons who shall be issued a
4 20 certificate of completion.
4 21 b. Notwithstanding paragraph "a", a resident who is eighteen
4 22 years of age or older may obtain a certificate of completion
4 23 without demonstrating the safe handling of a firearm.
4 24 3. The department shall provide a manual regarding hunter
4 25 safety and ethics education which shall be used by all
4 26 instructors and persons receiving hunter safety and ethics
4 27 education training in this state. The department may produce
4 28 the manual in a print or electronic format accessible from
4 29 a computer, including from a data storage device or the
4 30 department's internet site.
4 31 4. The department shall provide for the certification of
4 32 persons who wish to become hunter safety and ethics education
4 33 instructors. A person shall not act as an instructor in
4 34 hunter safety and ethics education as provided in this section
4 35 without first obtaining an instructor's certificate from the
5 1 department.
5 2 5. An officer of the department or a certified instructor
5 3 may issue a certificate to a person who has not completed
5 4 the hunter safety and ethics education course but meets the
5 5 criteria established by the commission.
5 6 6. A public or private school accredited pursuant to section
5 7 256.11 or an organization approved by the department may
5 8 cooperate with the department in providing a course in hunter
5 9 safety and ethics education or shooting sports activities as
5 10 provided in this section.
5 11 7. A hunting license obtained under this section by a
5 12 person who gave false information or presented a fraudulent
5 13 certificate of completion shall be revoked and a new hunting
5 14 license shall not be issued for at least two years from the
5 15 date of conviction. A hunting license obtained by a person
5 16 who was born after January 1, 1972, but has not satisfactorily
5 17 completed the hunter safety and ethics education course or has
5 18 not met the requirements established by the commission, shall
5 19 be revoked.
5 20 8. The commission shall adopt rules in accordance with
5 21 chapter 17A as necessary to carry out the administration of
5 22 this section.
5 23 9. The initial hunter safety education certificate shall be
5 24 issued without cost. A duplicate certificate shall be issued
5 25 at a cost of three dollars upon payment of the writing fee and
5 26 administrative fee, if applicable.
5 27 10. A person under eighteen years of age who is required
5 28 to exhibit a valid hunting license, shall also exhibit a valid
5 29 certificate of completion from a state approved hunter safety
5 30 and ethics education course upon request of an officer of the
5 31 department. A failure to carry or refusal to exhibit the
5 32 certificate of completion as provided in this subsection is a
5 33 violation of this chapter. A violator is guilty of a simple
5 34 misdemeanor as provided in section 483A.42.
5 35 11. An instructor certified by the department shall be
6 1 allowed to conduct a department=approved hunter safety and
6 2 ethics education course or shooting sports activities course
6 3 on public school property with the approval of a majority of
6 4 the board of directors of the school district. Conducting
6 5 an approved hunter safety and ethics education course or
6 6 shooting sports activities course is not a violation of any
6 7 public policy, rule, regulation, resolution, or ordinance which
6 8 prohibits the possession, display, or use of a firearm, bow and
6 9 arrow, or other hunting weapon on public school property or
6 10 other public property in this state.
6 11 Sec. 8. NEW SECTION. 483A.27A Apprentice hunters.
6 12 1. Notwithstanding section 483A.27, a person who is sixteen
6 13 years of age or older may purchase a hunting license with an
6 14 apprentice hunter designation on the license without first
6 15 completing a hunter education course if the person meets all
6 16 the requirements of this section.
6 17 2. If the apprentice hunter is a minor, the person must
6 18 be accompanied and aided while hunting by a mentor who is the
6 19 person's parent or guardian, or be accompanied and aided by any
6 20 other competent adult mentor with the consent of the minor's
6 21 parent or guardian. If the apprentice hunter is not a minor,
6 22 the apprentice hunter must be accompanied and aided while
6 23 hunting by a competent adult mentor.
6 24 3. The mentor and the apprentice hunter must have valid
6 25 hunting licenses that include the wildlife habitat fee and that
6 26 are valid for the same seasons to hunt game.
6 27 a. A resident mentor and a resident apprentice hunter must
6 28 also purchase deer hunting licenses and tags to hunt deer and
6 29 wild turkey hunting licenses and tags to hunt wild turkey, that
6 30 are valid for the same seasons and zones. A transportation tag
6 31 issued to a resident apprentice hunter shall not be used to tag
6 32 a deer or wild turkey taken by another person.
6 33 b. A nonresident apprentice hunter is not entitled to
6 34 purchase a deer hunting license to hunt deer or a wild turkey
6 35 hunting license to hunt wild turkey, or to participate in a
7 1 hunt for deer or wild turkey.
7 2 4. While hunting, the apprentice hunter must be under the
7 3 direct supervision of the mentor. For the purposes of this
7 4 subsection, "direct supervision" means the mentor must maintain
7 5 constant direction and control of the apprentice hunter and
7 6 stay within a distance from the apprentice hunter that enables
7 7 the mentor to give uninterrupted, unaided visual and auditory
7 8 communications to the apprentice hunter. There must be one
7 9 licensed mentor in direct supervision of each apprentice
7 10 hunter.
7 11 5. A hunting license with an apprentice hunter designation
7 12 issued pursuant to this section is valid from the date issued
7 13 to January 10 of the succeeding calendar year for which
7 14 it is issued. A hunting license with an apprentice hunter
7 15 designation shall contain the address, signature, and a general
7 16 description of the licensee.
7 17 6. A person is eligible to obtain a hunting license with an
7 18 apprentice hunter designation pursuant to this section only two
7 19 times. Subsequently, the person must meet the requirements of
7 20 section 483A.27 in order to obtain a hunting license.
7 21 7. The commission shall adopt rules pursuant to chapter 17A
7 22 to administer this section.
7 23 Sec. 9. Section 484B.10, subsection 3, Code 2015, is amended
7 24 to read as follows:
7 25 3. A nonresident youth under sixteen years of age may hunt
7 26 game birds on a licensed hunting preserve upon securing an
7 27 annual hunting preserve license restricted to hunting preserves
7 28 only for a license fee of five dollars and payment of the
7 29 wildlife habitat fee. A nonresident youth is not required
7 30 to complete the hunter safety and ethics education course to
7 31 obtain a hunting preserve license pursuant to this subsection
7 32 if the youth is accompanied by a person who is at least
7 33 eighteen years of age, is qualified to hunt, and possesses a
7 34 valid hunting license that includes the wildlife habitat fee.
7 35 During the hunt, the accompanying adult must be within arm's
8 1 reach of the nonresident youth.
8 2 Sec. 10. Section 805.8B, subsection 3, paragraph b, Code
8 3 2015, is amended to read as follows:
8 4 b. For violations of sections 481A.54, 481A.69, 481A.71,
8 5 481A.72, 482.6, 483A.3, 483A.6, 483A.19, and 483A.27, and
8 6 483A.27A, the scheduled fine is twenty dollars.
8 7 EXPLANATION
8 8 The inclusion of this explanation does not constitute agreement with
8 9 the explanation's substance by the members of the general assembly.
8 10 This bill relates to hunter education license requirements,
8 11 provides for a hunting license with an apprentice hunter
8 12 designation, and includes penalties.
8 13 The bill renames the "hunter safety and ethics education
8 14 course" described in Code section 483A.27, whose completion is
8 15 required to purchase a hunting license in this state, as the
8 16 "hunter education course". Coordinating amendments are made to
8 17 numerous other Code provisions that reference the course.
8 18 The bill also amends Code section 483A.27 to provide that
8 19 the curriculum for the entire course shall be based on the
8 20 standards adopted by the international hunter education
8 21 association ==== United States of America. The cost for a
8 22 duplicate certificate of completion of the course is changed to
8 23 the amount of the writing fee and administrative fee instead of
8 24 specifying that the cost is $3.
8 25 New Code section 483A.27A provides that, notwithstanding the
8 26 requirements of Code section 483A.27, a person aged 16 years or
8 27 older may purchase a hunting license with an apprentice hunter
8 28 designation without first completing the hunter education
8 29 course if the person meets the requirements of the new Code
8 30 section.
8 31 New Code section 483A.27A provides that if an apprentice
8 32 hunter is a minor, the person must be accompanied and aided
8 33 while hunting by a mentor who is the person's parent or
8 34 guardian or another competent adult consented to by the
8 35 parent or guardian. If the apprentice hunter is not a minor,
9 1 the person must be accompanied and aided while hunting by a
9 2 competent adult mentor.
9 3 The mentor and the apprentice hunter must have valid hunting
9 4 licenses that include the wildlife habitat fee and that are
9 5 valid for the same seasons to hunt game. A resident mentor
9 6 and a resident apprentice hunter must also have deer or wild
9 7 turkey hunting licenses that are valid for the same seasons or
9 8 zones if hunting for deer or wild turkey. A transportation tag
9 9 issued to an apprentice hunter cannot be used to tag a deer or
9 10 wild turkey taken by another person. A nonresident apprentice
9 11 hunter is not entitled to purchase a deer hunting license or
9 12 a wild turkey hunting license or to participate in a hunt for
9 13 deer or wild turkey.
9 14 While hunting, an apprentice hunter must be under the direct
9 15 supervision of the mentor. "Direct supervision" means that
9 16 the mentor must maintain constant direction and control of
9 17 the apprentice hunter and stay within a distance that enables
9 18 the mentor to give uninterrupted, unaided visual and auditory
9 19 communications to the apprentice. There must be one licensed
9 20 mentor in direct supervision of each apprentice.
9 21 A hunting license with an apprentice hunter designation is
9 22 valid from the date of issue to January 10 of the succeeding
9 23 calendar year and shall contain a general description of the
9 24 licensee.
9 25 A person is eligible to obtain only two hunting licenses with
9 26 an apprentice hunter designation. After that, the person must
9 27 meet the hunter education requirements of Code section 483A.27
9 28 to obtain a hunting license.
9 29 The commission is required to adopt rules to administer new
9 30 Code section 483A.27A. A violation of the new provision is
9 31 punishable with a scheduled fine of $20.
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