Senate File 392 - Enrolled
SENATE FILE
BY COMMITTEE ON NATURAL
RESOURCES AND
ENVIRONMENT
(SUCCESSOR TO SSB
1206)
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A BILL FOR
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Senate File 392
AN ACT
RELATING TO HUNTER EDUCATION LICENSE REQUIREMENTS, PROVIDING
FOR A HUNTING LICENSE WITH AN APPRENTICE HUNTER DESIGNATION,
AND INCLUDING PENALTY PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 483A.7, subsection 3, paragraph a, Code
2015, is amended to read as follows:
a. A nonresident wild turkey hunter is required to purchase
a nonresident hunting license that includes the wildlife
habitat fee and a nonresident wild turkey hunting license. The
commission shall annually limit to two thousand three hundred
licenses the number of nonresidents allowed to have wild turkey
hunting licenses. Of the two thousand three hundred licenses,
one hundred fifty licenses shall be valid for hunting with
muzzle loading shotguns only. The commission shall allocate
the nonresident wild turkey hunting licenses issued among the
zones based on the populations of wild turkey. A nonresident
applying for a wild turkey hunting license must exhibit proof
of having successfully completed a hunter safety and ethics
education program as provided in section 483A.27 or its
equivalent as determined by the department before the license
is issued.
Sec. 2. Section 483A.8, subsection 3, paragraph d, Code
2015, is amended to read as follows:
d. The commission shall allocate all nonresident deer
hunting licenses issued among the zones based on the
populations of deer. However, a nonresident applicant may
request one or more hunting zones, in order of preference, in
which the applicant wishes to hunt. If the request cannot
be fulfilled, the applicable fees shall be returned to the
applicant. A nonresident applying for a deer hunting license
must exhibit proof of having successfully completed a hunter
safety and ethics education program as provided in section
483A.27 or its equivalent as determined by the department
before the license is issued.
Sec. 3. Section 483A.24, subsection 3, paragraph a, Code
2015, is amended to read as follows:
a. Fifty of the nonresident deer hunting licenses shall be
allocated as requested by a majority of a committee consisting
of the majority leader of the senate, speaker of the house
of representatives, and director of the economic development
authority, or their designees. The licenses provided pursuant
to this subsection shall be in addition to the number of
nonresident licenses authorized pursuant to section 483A.8.
The purpose of the special nonresident licenses is to allow
state officials and local development groups to promote the
state and its natural resources to nonresident guests and
dignitaries. Photographs, videotapes, or any other form
of media resulting from the hunting visitation shall not
be used for political campaign purposes. The nonresident
licenses shall be issued without application upon purchase of a
nonresident hunting license that includes the wildlife habitat
fee and the purchase of a nonresident deer hunting license.
The licenses are valid in all zones open to deer hunting. The
hunter safety and ethics education certificate requirement
pursuant to section 483A.27 is waived for a nonresident issued
a license pursuant to this subsection.
Sec. 4. Section 483A.24, subsection 4, paragraph a, Code
2015, is amended to read as follows:
a. Fifty of the nonresident wild turkey hunting licenses
shall be allocated as requested by a majority of a committee
consisting of the majority leader of the senate, speaker of
the house of representatives, and director of the economic
development authority, or their designees. The licenses
provided pursuant to this subsection shall be in addition
to the number of nonresident licenses authorized pursuant
to section 483A.7. The purpose of the special nonresident
licenses is to allow state officials and local development
groups to promote the state and its natural resources to
nonresident guests and dignitaries. Photographs, videotapes,
or any other form of media resulting from the hunting
visitation shall not be used for political campaign purposes.
The nonresident licenses shall be issued without application
upon purchase of a nonresident hunting license that includes
the wildlife habitat fee and the purchase of a nonresident wild
turkey hunting license. The licenses are valid in all zones
open to wild turkey hunting. The hunter safety and ethics
education certificate requirement pursuant to section 483A.27
is waived for a nonresident issued a license pursuant to this
subsection.
Sec. 5. Section 483A.24, subsection 5, paragraph e, Code
2015, is amended to read as follows:
e. A disabled person who receives a special license under
this subsection shall complete the hunter safety and ethics
education course.
Sec. 6. Section 483A.24, subsection 12, paragraph d, Code
2015, is amended to read as follows:
d. A nonresident who receives a special license pursuant to
this subsection shall purchase a hunting license that includes
the wildlife habitat fee and the applicable nonresident turkey
or deer hunting license, but is not required to complete the
hunter safety and ethics education course if the person is
accompanied and aided by a person who is at least eighteen
years of age. The accompanying person must be qualified to
hunt and have a hunting license that includes the wildlife
habitat fee. During the hunt, the accompanying adult must be
within arm's reach of the nonresident licensee.
Sec. 7. Section 483A.27, Code 2015, is amended to read as
follows:
483A.27 Hunter safety and ethics education program == license
requirement.
1. A person born after January 1, 1972, shall not obtain a
hunting license unless the person has satisfactorily completed
a hunter safety and ethics education course approved by the
commission. A person who is eleven years of age or more
may enroll in an approved hunter safety and ethics education
course, but a person who is eleven years of age and who has
successfully completed the course shall be issued a certificate
of completion which becomes valid on the person's twelfth
birthday. A certificate of completion from an approved hunter
safety and ethics education course issued in this state, or a
certificate issued by another state, country, or province for
completion of a course that meets the standards adopted by the
international hunter education association == United States of
America, is valid for the requirements of this section.
2. a. A certificate of completion shall not be issued
to a person who has not satisfactorily completed a minimum
of ten hours of training in an approved hunter safety and
ethics education course. The department shall establish the
curriculum based on the standards adopted by the international
hunter education association == United States of America for
the first ten hours of an the approved hunter safety and ethics
education course offered in this state. Upon completion
of the ten=hour curriculum course, each person shall pass
an individual oral test or a written test provided by the
department. The department shall establish the criteria for
successfully passing the tests. Based on the results of
the test and demonstrated safe handling of a firearm, the
instructor shall determine the persons who shall be issued a
certificate of completion.
b. Notwithstanding paragraph "a", a resident who is eighteen
years of age or older may obtain a certificate of completion
without demonstrating the safe handling of a firearm.
3. The department shall provide a manual regarding hunter
safety and ethics education which shall be used by all
instructors and persons receiving hunter safety and ethics
education training in this state. The department may produce
the manual in a print or electronic format accessible from
a computer, including from a data storage device or the
department's internet site.
4. The department shall provide for the certification of
persons who wish to become hunter safety and ethics education
instructors. A person shall not act as an instructor in
hunter safety and ethics education as provided in this section
without first obtaining an instructor's certificate from the
department.
5. An officer of the department or a certified instructor
may issue a certificate to a person who has not completed
the hunter safety and ethics education course but meets the
criteria established by the commission.
6. A public or private school accredited pursuant to section
256.11 or an organization approved by the department may
cooperate with the department in providing a course in hunter
safety and ethics education or shooting sports activities as
provided in this section.
7. A hunting license obtained under this section by a
person who gave false information or presented a fraudulent
certificate of completion shall be revoked and a new hunting
license shall not be issued for at least two years from the
date of conviction. A hunting license obtained by a person
who was born after January 1, 1972, but has not satisfactorily
completed the hunter safety and ethics education course or has
not met the requirements established by the commission, shall
be revoked.
8. The commission shall adopt rules in accordance with
chapter 17A as necessary to carry out the administration of
this section.
9. The initial hunter safety education certificate shall be
issued without cost. A duplicate certificate shall be issued
at a cost of three dollars upon payment of the writing fee and
administrative fee, if applicable.
10. A person under eighteen years of age who is required
to exhibit a valid hunting license, shall also exhibit a valid
certificate of completion from a state approved hunter safety
and ethics education course upon request of an officer of the
department. A failure to carry or refusal to exhibit the
certificate of completion as provided in this subsection is a
violation of this chapter. A violator is guilty of a simple
misdemeanor as provided in section 483A.42.
11. An instructor certified by the department shall be
allowed to conduct a department=approved hunter safety and
ethics education course or shooting sports activities course
on public school property with the approval of a majority of
the board of directors of the school district. Conducting
an approved hunter safety and ethics education course or
shooting sports activities course is not a violation of any
public policy, rule, regulation, resolution, or ordinance which
prohibits the possession, display, or use of a firearm, bow and
arrow, or other hunting weapon on public school property or
other public property in this state.
Sec. 8. NEW SECTION. 483A.27A Apprentice hunters.
1. Notwithstanding section 483A.27, a person who is sixteen
years of age or older may purchase a hunting license with an
apprentice hunter designation on the license without first
completing a hunter education course if the person meets all
the requirements of this section.
2. If the apprentice hunter is a minor, the person must
be accompanied and aided while hunting by a mentor who is the
person's parent or guardian, or be accompanied and aided by any
other competent adult mentor with the consent of the minor's
parent or guardian. If the apprentice hunter is not a minor,
the apprentice hunter must be accompanied and aided while
hunting by a competent adult mentor.
3. The mentor and the apprentice hunter must have valid
hunting licenses that include the wildlife habitat fee and that
are valid for the same seasons to hunt game.
a. A resident mentor and a resident apprentice hunter
must also purchase deer hunting licenses and tags to hunt
deer and wild turkey hunting licenses and tags to hunt wild
turkey. Deer hunting licenses and tags purchased by a resident
mentor and a resident apprentice hunter must be valid for the
same seasons and zones. When hunting wild turkey a resident
mentor having a license valid for one of the spring wild turkey
hunting seasons may accompany and aid a resident apprentice
hunter who has a valid wild turkey hunting license for any of
the spring seasons as provided by rule. When hunting wild
turkey in the fall, a resident mentor and a resident apprentice
hunter must each have a fall wild turkey hunting license
valid for the current year. A transportation tag issued to a
resident apprentice hunter shall not be used to tag a deer or
wild turkey taken by another person.
b. A nonresident apprentice hunter is not entitled to
purchase a deer hunting license to hunt deer or a wild turkey
hunting license to hunt wild turkey, or to participate in a
hunt for deer or wild turkey.
4. While hunting, the apprentice hunter must be under the
direct supervision of the mentor. For the purposes of this
subsection, "direct supervision" means the mentor must maintain
constant direction and control of the apprentice hunter and
stay within a distance from the apprentice hunter that enables
the mentor to give uninterrupted, unaided visual and auditory
communications to the apprentice hunter. There must be one
licensed mentor in direct supervision of each apprentice
hunter.
5. A hunting license with an apprentice hunter designation
issued pursuant to this section is valid from the date issued
to January 10 of the succeeding calendar year for which
it is issued. A hunting license with an apprentice hunter
designation shall contain the address, signature, and a general
description of the licensee.
6. A person is eligible to obtain a hunting license with an
apprentice hunter designation pursuant to this section only two
times. Subsequently, the person must meet the requirements of
section 483A.27 in order to obtain a hunting license.
7. The commission shall adopt rules pursuant to chapter 17A
to administer this section.
Sec. 9. Section 484B.10, subsection 3, Code 2015, is amended
to read as follows:
3. A nonresident youth under sixteen years of age may hunt
game birds on a licensed hunting preserve upon securing an
annual hunting preserve license restricted to hunting preserves
only for a license fee of five dollars and payment of the
wildlife habitat fee. A nonresident youth is not required
to complete the hunter safety and ethics education course to
obtain a hunting preserve license pursuant to this subsection
if the youth is accompanied by a person who is at least
eighteen years of age, is qualified to hunt, and possesses a
valid hunting license that includes the wildlife habitat fee.
During the hunt, the accompanying adult must be within arm's
reach of the nonresident youth.
Sec. 10. Section 805.8B, subsection 3, paragraph b, Code
2015, is amended to read as follows:
b. For violations of sections 481A.54, 481A.69, 481A.71,
481A.72, 482.6, 483A.3, 483A.6, 483A.19, and 483A.27, and
483A.27A, the scheduled fine is twenty dollars.
PAM JOCHUM
President of the Senate
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 392, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2015
TERRY E. BRANSTAD
Governor
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