House File 631 - Reprinted
HOUSE FILE
BY COMMITTEE ON WAYS AND
MEANS
(SUCCESSOR TO HF 574)
(SUCCESSOR TO HSB 175)
(As Amended and Passed by the House April 18, 2017)
A BILL FOR
1 An Act relating to the establishment of certain licenses and
2 fees by rules adopted by the natural resource commission
3 and including coordinating and transition provisions, and
4 effective date provisions.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
HF 631 (2) 87
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PAG LIN
1 1 DIVISION I
1 2 LICENSES AND FEES ==== RULES
1 3 Section 1. Section 483A.1, Code 2017, is amended by striking
1 4 the section and inserting in lieu thereof the following:
1 5 483A.1 Licenses ==== fees ==== rules.
1 6 1. Except as otherwise provided in this chapter, a person
1 7 shall not fish, trap, hunt, pursue, catch, kill, take in
1 8 any manner, use, have possession of, sell, or transport all
1 9 or a part of any wild animal, bird, game, turtle, or fish,
1 10 the protection and regulation of which is desirable for
1 11 the conservation of resources of the state, without first
1 12 obtaining a license for that purpose, and the payment of a fee
1 13 as established by rules adopted by the commission pursuant to
1 14 chapter 17A.
1 15 2. a. The fees established by rule pursuant to subsection 1
1 16 shall be periodically evaluated by the department, but not less
1 17 often than once every three years, to ensure that the fees paid
1 18 are sufficient to meet the needs of natural resource management
1 19 and the public.
1 20 b. By December 15 of each year on and after December 15,
1 21 2018, that an evaluation of the license fees is completed, the
1 22 department shall file a written report with the commission and
1 23 the general assembly which shall include the evaluation and
1 24 recommendations for changes, if any. Any fee increase proposed
1 25 in such a report shall not take effect until on or after
1 26 December 15 of the year succeeding the report and an individual
1 27 license fee shall not be increased in any calendar year in an
1 28 amount that exceeds five percent.
1 29 Sec. 2. Section 483A.3, subsection 1, paragraph a, Code
1 30 2017, is amended to read as follows:
1 31 a. A resident or nonresident person required to have a
1 32 hunting or fur harvester license shall not hunt or trap unless
1 33 the person purchases a hunting or fur harvester license that
1 34 includes the wildlife habitat fee, in an amount established by
1 35 rules adopted by the commission pursuant to section 483A.1.
2 1 Sec. 3. Section 483A.3, subsection 1, paragraph c, Code
2 2 2017, is amended by striking the paragraph.
2 3 Sec. 4. Section 483A.3, subsection 1, paragraphs d and e,
2 4 Code 2017, are amended to read as follows:
2 5 d. All wildlife habitat fees shall be administered in
2 6 the same manner as hunting and fur harvester licenses except
2 7 all revenue derived from wildlife habitat fees shall be used
2 8 within the state of Iowa for habitat development and shall be
2 9 deposited in the state fish and game protection fund, except
2 10 as provided in subsection 2. The revenue may be used for
2 11 the matching of federal funds. The revenues and any matched
2 12 federal funds shall be used for acquisition of land, leasing of
2 13 land, or obtaining of easements from willing sellers for use
2 14 as wildlife habitats. Notwithstanding the exemption provided
2 15 by section 427.1, any land acquired with the revenues and
2 16 matched federal funds shall be subject to the full consolidated
2 17 levy of property taxes, which shall be paid from those the
2 18 income generated from those lands or, if no such income is
2 19 generated, from the wildlife habitat fee revenues. In addition
2 20 the revenue may be used for the development and enhancement of
2 21 wildlife lands and habitat areas.
2 22 e. Not less than fifty percent of all revenue three dollars
2 23 from each wildlife habitat fees fee shall be allocated as
2 24 specified in section 483A.3B and not less than fifty percent
2 25 of the balance of each fee shall be used by the commission
2 26 to enter into agreements with county conservation boards or
2 27 other public agencies in order to carry out the purposes of
2 28 this section. The However, the state share of funding of those
2 29 agreements provided by the revenue from wildlife habitat fees
2 30 shall not exceed seventy=five percent.
2 31 Sec. 5. Section 483A.3, subsections 3 and 4, Code 2017, are
2 32 amended to read as follows:
2 33 3. Notwithstanding subsections 1 and 2, any increase in
2 34 wildlife habitat fee revenues received collected on or after
2 35 July 1, 2007 December 15, 2017, pursuant to this section as
3 1 a result of wildlife habitat fee increases pursuant to 2007
3 2 Iowa Acts, ch. 194 established by rules adopted pursuant to
3 3 section 483A.1, shall be used by the commission only for
3 4 the purpose of the game bird habitat development program as
3 5 provided for any of the purposes set forth in this section or
3 6 in section 483A.3B, except that such increases in revenues
3 7 collected shall not be used by the commission for the purpose
3 8 of land acquisition. The commission shall not reduce on an
3 9 annual basis for these purposes the amount of other funds being
3 10 expended as of July 1, 2007 December 15, 2017.
3 11 4. A three=year multi=year hunting license purchased
3 12 pursuant to section 483A.1, subsection 1, paragraph "j"
3 13 483A.9A, includes the payment of a wildlife habitat fee for
3 14 each of the three years for which the license is valid and
3 15 those fees shall be used as provided in this section.
3 16 Sec. 6. Section 483A.3A, Code 2017, is amended to read as
3 17 follows:
3 18 483A.3A Fish habitat development funding.
3 19 Three dollars from each resident and nonresident annual and
3 20 seven=day fishing license and nine dollars from each resident
3 21 three=year multi=year fishing license sold shall be deposited
3 22 in the state fish and game protection fund and shall be used
3 23 within this state for fish habitat development. Not less than
3 24 fifty percent of this amount shall be used by the commission to
3 25 enter into agreements with county conservation boards to carry
3 26 out the purposes of this section.
3 27 Sec. 7. Section 483A.3B, subsection 1, Code 2017, is amended
3 28 to read as follows:
3 29 1. Allocation of revenue ==== accounts. All revenue collected
3 30 from increases in wildlife habitat fees as provided in section
3 31 483A.3, subsection 3 1, paragraph "e", that is deposited in
3 32 the state fish and game protection fund and that is allocated
3 33 pursuant to this section shall be allocated as follows:
3 34 a. Two Not less than two dollars of each wildlife habitat
3 35 fee collected shall be allocated to the game bird wetlands
4 1 conservation account.
4 2 b. One Not less than one dollar of each wildlife habitat
4 3 fee collected shall be allocated to the game bird buffer strip
4 4 assistance account.
4 5 c. Notwithstanding section 12C.7, subsection 2, interest or
4 6 earnings on moneys collected from wildlife habitat fees that
4 7 are deposited in each account created under this section shall
4 8 be credited to that account. Notwithstanding section 8.33 or
4 9 section 456A.17, moneys credited to each account created under
4 10 this section shall not revert to the state general fund at the
4 11 close of a fiscal year.
4 12 d. All revenue generated by increases in the collected
4 13 from wildlife habitat fee fees as provided in section 483A.3,
4 14 subsection 3 1, paragraph "e", that is allocated pursuant to
4 15 this section shall be used as provided in this section, except
4 16 for that part which is specified by the department for use in
4 17 paying administrative expenses as provided in section 456A.17.
4 18 Sec. 8. NEW SECTION. 483A.6B Nonresident five=day hunting
4 19 license ==== fee.
4 20 1. A nonresident may be issued a five=day hunting license
4 21 that costs an amount as set by rules adopted pursuant to
4 22 section 483A.1, including the wildlife habitat fee. A
4 23 nonresident hunting with a license issued under this section
4 24 shall be otherwise qualified to hunt in this state.
4 25 2. This section is repealed on December 15, 2020.
4 26 Sec. 9. Section 483A.17, Code 2017, is amended to read as
4 27 follows:
4 28 483A.17 Tenure of license.
4 29 Every license, except as otherwise provided in this
4 30 chapter, is valid from the date issued to January 10 of the
4 31 succeeding calendar year for which it is issued. A license
4 32 shall not be issued prior to December 15 for the subsequent
4 33 calendar year except for a three=year multi=year fishing
4 34 license or a three=year multi=year hunting license issued to a
4 35 resident pursuant to rules adopted pursuant to section 483A.1,
5 1 subsection 1.
5 2 Sec. 10. Section 483A.24, subsection 2, paragraphs b and c,
5 3 Code 2017, are amended to read as follows:
5 4 b. Upon written application on forms furnished by the
5 5 department, the department shall issue annually without fee one
5 6 wild turkey license to the owner of a farm unit or to a member
5 7 of the owner's family, but not to both, and to the tenant or
5 8 to a member of the tenant's family, but not to both. The wild
5 9 turkey hunting license licenses issued shall be valid only on
5 10 the farm unit for which an applicant qualifies pursuant to this
5 11 subsection and shall be equivalent to the least restrictive
5 12 license issued under section 481A.38. The owner or the tenant
5 13 need not reside on the farm unit to qualify for a free license
5 14 to hunt on that farm unit. The free turkey hunting licenses
5 15 issued pursuant to this paragraph shall be valid and may be
5 16 used during any bow or firearm turkey hunting season.
5 17 c. Upon written application on forms furnished by the
5 18 department, the department shall issue annually without fee two
5 19 deer hunting licenses, one antlered or any sex deer hunting
5 20 license and one antlerless deer only deer hunting license, to
5 21 the owner of a farm unit or a member of the owner's family,
5 22 but only a total of two licenses for both, and to the tenant
5 23 of a farm unit or a member of the tenant's family, but only
5 24 a total of two licenses for both. The deer hunting licenses
5 25 issued shall be valid only for use on the farm unit for which
5 26 the applicant applies pursuant to this paragraph. The owner or
5 27 the tenant need not reside on the farm unit to qualify for the
5 28 free deer hunting licenses to hunt on that farm unit. The free
5 29 deer hunting licenses issued pursuant to this paragraph shall
5 30 be valid and may be used during any shotgun bow or firearm
5 31 deer hunting season. The licenses may be used to harvest deer
5 32 in two different seasons. In addition, a person who receives
5 33 a free deer hunting license pursuant to this paragraph shall
5 34 pay a one dollar fee for each license that shall be used
5 35 and is appropriated for the purpose of deer herd population
6 1 management, including assisting with the cost of processing
6 2 deer donated to the help us stop hunger program administered
6 3 by the commission.
6 4 DIVISION II
6 5 COORDINATING PROVISIONS
6 6 Sec. 11. Section 331.605, subsection 1, paragraph b,
6 7 subparagraph (1), Code 2017, is amended to read as follows:
6 8 (1) The fees specified in rules adopted pursuant to section
6 9 483A.1.
6 10 Sec. 12. Section 331.605, subsection 1, paragraph c, Code
6 11 2017, is amended to read as follows:
6 12 c. A state migratory game bird fee as provided in rules
6 13 adopted pursuant to section 483A.1.
6 14 Sec. 13. Section 481A.93, subsection 2, paragraph b,
6 15 subparagraph (2), Code 2017, is amended to read as follows:
6 16 (2) The totally blind person is accompanied and aided
6 17 by a person who is at least eighteen years of age and whose
6 18 vision is not seriously impaired. The accompanying person must
6 19 purchase a hunting license that includes the wildlife habitat
6 20 fee as provided in rules adopted pursuant to section 483A.1
6 21 if applicable. If the accompanying person is not required
6 22 to have a hunting license the person is not required to pay
6 23 the wildlife habitat fee. During the hunt, the accompanying
6 24 adult must be within arm's reach of the totally blind person,
6 25 and must be able to identify the target and the location of
6 26 the laser sight beam on the target. A person other than the
6 27 totally blind person shall not shoot the laser sight=equipped
6 28 gun or bow.
6 29 Sec. 14. Section 483A.1A, subsection 10, paragraph c, Code
6 30 2017, is amended to read as follows:
6 31 c. Is a student who qualifies as a resident pursuant to
6 32 paragraph "b" only for the purpose of purchasing any resident
6 33 license specified in rules adopted pursuant to section 483A.1.
6 34 Sec. 15. Section 483A.7, subsection 3, paragraph b, Code
6 35 2017, is amended to read as follows:
7 1 b. The commission shall assign one preference point to a
7 2 nonresident whose application for a nonresident wild turkey
7 3 hunting license is denied due to limitations on the number
7 4 of nonresident wild turkey hunting licenses available for
7 5 issuance that year. An additional preference point shall be
7 6 assigned to that person each subsequent year the person's
7 7 license application is denied for that reason. A nonresident
7 8 may purchase additional preference points pursuant to rules
7 9 adopted pursuant to section 483A.1, subsection 2, paragraph
7 10 "j". The first nonresident wild turkey hunting license drawing
7 11 each year shall be made from the pool of applicants with the
7 12 most preference points and continue to pools of applicants
7 13 with successively fewer preference points until all available
7 14 nonresident wild turkey hunting licenses have been issued. If
7 15 a nonresident applicant receives a wild turkey hunting license,
7 16 all of the applicant's assigned preference points at that time
7 17 shall be removed.
7 18 Sec. 16. Section 483A.8, subsection 3, paragraphs a, b, and
7 19 e, Code 2017, are amended to read as follows:
7 20 a. A nonresident hunting deer is required to purchase
7 21 a nonresident annual hunting license that includes the
7 22 wildlife habitat fee and a nonresident deer hunting license.
7 23 In addition, a nonresident who purchases a deer hunting
7 24 license shall pay a one dollar fee that shall be used and
7 25 is appropriated for the purpose of deer herd population
7 26 management, including assisting with the cost of processing
7 27 deer donated to the help us stop hunger program administered
7 28 by the commission.
7 29 b. A nonresident who purchases an antlered or any sex deer
7 30 hunting license pursuant to rules adopted pursuant to section
7 31 483A.1, subsection 2, paragraph "i", is required to purchase
7 32 an antlerless deer only deer hunting license at the same
7 33 time, pursuant to rules adopted pursuant to section 483A.1,
7 34 subsection 2, paragraph "k".
7 35 e. The commission shall assign one preference point to a
8 1 nonresident whose application for a nonresident antlered or any
8 2 sex deer hunting license is denied due to limitations on the
8 3 number of nonresident antlered or any sex deer hunting licenses
8 4 available for issuance that year. An additional preference
8 5 point shall be assigned to that person each subsequent year
8 6 the person's license application is denied for that reason. A
8 7 nonresident may purchase additional preference points pursuant
8 8 to rules adopted pursuant to section 483A.1, subsection 2,
8 9 paragraph "j". The first nonresident antlered or any sex deer
8 10 hunting license drawing each year shall be made from the pool
8 11 of applicants with the most preference points and continue
8 12 to pools of applicants with successively fewer preference
8 13 points until all available nonresident antlered or any sex deer
8 14 hunting licenses have been issued. If a nonresident applicant
8 15 receives an antlered or any sex deer hunting license, all of
8 16 the applicant's assigned preference points at that time shall
8 17 be removed.
8 18 Sec. 17. Section 483A.8, subsections 4 and 6, Code 2017, are
8 19 amended to read as follows:
8 20 4. The commission may provide, by rule, for the issuance of
8 21 an additional antlerless deer hunting license to a person who
8 22 has been issued an antlerless deer hunting license. The rules
8 23 shall specify the number of additional antlerless deer hunting
8 24 licenses which may be issued, and the season and zone in which
8 25 the license is valid. The fee for an additional antlerless
8 26 deer hunting license shall be ten dollars an amount established
8 27 by rules adopted pursuant to section 483A.1 for residents.
8 28 6. The commission shall provide by rule for the annual
8 29 issuance to a nonresident of a nonresident antlerless deer
8 30 hunting license that is valid for use only during the period
8 31 beginning on December 24 and ending at sunset on January 2 of
8 32 the following year and costs seventy=five dollars an amount
8 33 established by rules adopted pursuant to section 483A.1. A
8 34 nonresident hunting deer with a license issued under this
8 35 subsection shall be otherwise qualified to hunt deer in this
9 1 state and shall purchase a nonresident annual hunting license
9 2 that includes the wildlife habitat fee, and pay the one dollar
9 3 fee for the purpose of deer herd population management as
9 4 provided in subsection 3. Pursuant to this subsection, the
9 5 commission shall make available for issuance only the remaining
9 6 nonresident antlerless deer hunting licenses allocated under
9 7 subsection 3 that have not yet been issued for the current
9 8 year's nonresident antlerless deer hunting seasons.
9 9 Sec. 18. Section 483A.9A, subsection 3, Code 2017, is
9 10 amended to read as follows:
9 11 3. The commission shall offer to residents a combination
9 12 package of an annual fishing license and an annual hunting
9 13 license, as provided in rules adopted pursuant to section
9 14 483A.1, subsection 1, the cost of which includes the wildlife
9 15 habitat fee.
9 16 Sec. 19. Section 483A.24, subsection 2, paragraph d, Code
9 17 2017, is amended to read as follows:
9 18 d. In addition to the free deer hunting licenses received
9 19 pursuant to paragraph "c", an owner of a farm unit or a
9 20 member of the owner's family and the tenant or a member of the
9 21 tenant's family may purchase a deer hunting license for any
9 22 option offered to paying deer hunting licensees. An owner of a
9 23 farm unit or a member of the owner's family and the tenant or a
9 24 member of the tenant's family may also purchase two additional
9 25 antlerless deer hunting licenses which are valid only on the
9 26 farm unit for a fee of ten dollars each established by rules
9 27 adopted pursuant to section 483A.1.
9 28 Sec. 20. Section 483A.24, subsection 3, paragraph a, Code
9 29 2017, is amended to read as follows:
9 30 a. Fifty of the nonresident deer hunting licenses shall be
9 31 allocated as requested by a majority of a committee consisting
9 32 of the majority leader of the senate, speaker of the house
9 33 of representatives, and director of the economic development
9 34 authority, or their designees. The licenses provided pursuant
9 35 to this subsection shall be in addition to the number of
10 1 nonresident licenses authorized pursuant to section 483A.8.
10 2 The purpose of the special nonresident licenses is to allow
10 3 state officials and local development groups to promote the
10 4 state and its natural resources to nonresident guests and
10 5 dignitaries. Photographs, videotapes, or any other form
10 6 of media resulting from the hunting visitation shall not
10 7 be used for political campaign purposes. The nonresident
10 8 licenses shall be issued without application upon purchase of a
10 9 nonresident annual hunting license that includes the wildlife
10 10 habitat fee and the purchase of a nonresident deer hunting
10 11 license. The licenses are valid in all zones open to deer
10 12 hunting. The hunter education certificate requirement pursuant
10 13 to section 483A.27 is waived for a nonresident issued a license
10 14 pursuant to this subsection.
10 15 Sec. 21. Section 483A.24, subsection 4, paragraph a, Code
10 16 2017, is amended to read as follows:
10 17 a. Fifty of the nonresident wild turkey hunting licenses
10 18 shall be allocated as requested by a majority of a committee
10 19 consisting of the majority leader of the senate, speaker of
10 20 the house of representatives, and director of the economic
10 21 development authority, or their designees. The licenses
10 22 provided pursuant to this subsection shall be in addition
10 23 to the number of nonresident licenses authorized pursuant
10 24 to section 483A.7. The purpose of the special nonresident
10 25 licenses is to allow state officials and local development
10 26 groups to promote the state and its natural resources to
10 27 nonresident guests and dignitaries. Photographs, videotapes,
10 28 or any other form of media resulting from the hunting
10 29 visitation shall not be used for political campaign purposes.
10 30 The nonresident licenses shall be issued without application
10 31 upon purchase of a nonresident annual hunting license that
10 32 includes the wildlife habitat fee and the purchase of a
10 33 nonresident wild turkey hunting license. The licenses are
10 34 valid in all zones open to wild turkey hunting. The hunter
10 35 education certificate requirement pursuant to section 483A.27
11 1 is waived for a nonresident issued a license pursuant to this
11 2 subsection.
11 3 Sec. 22. Section 483A.24, subsection 16, Code 2017, is
11 4 amended to read as follows:
11 5 16. Upon payment of the fee of five dollars established by
11 6 rules adopted pursuant to section 483A.1 for a lifetime fishing
11 7 license or lifetime hunting and fishing combined license, the
11 8 department shall issue a lifetime fishing license or lifetime
11 9 hunting and fishing combined license to a resident of Iowa
11 10 who has served in the armed forces of the United States on
11 11 federal active duty and who was disabled or was a prisoner of
11 12 war during that veteran's military service. The department
11 13 shall prepare an application to be used by a person requesting
11 14 a lifetime fishing license or lifetime hunting and fishing
11 15 combined license under this subsection. The department of
11 16 veterans affairs shall assist the department in verifying the
11 17 status or claims of applicants under this subsection. As used
11 18 in this subsection, "disabled" means entitled to a service
11 19 connected rating under 38 U.S.C. ch. 11.
11 20 Sec. 23. Section 483A.28, subsection 4, Code 2017, is
11 21 amended to read as follows:
11 22 4. Any person who is issued a valid fishing license pursuant
11 23 to this chapter may fish with a third line as provided in
11 24 section 481A.72 only upon the annual purchase of a third line
11 25 fishing permit as provided in rules adopted pursuant to section
11 26 483A.1.
11 27 Sec. 24. Section 717F.7, subsection 3, Code 2017, is amended
11 28 to read as follows:
11 29 3. A person who keeps falcons, if the person has been issued
11 30 a falconry license by the department of natural resources
11 31 pursuant to rules adopted pursuant to section 483A.1.
11 32 Sec. 25. Section 805.8B, subsection 3, paragraph o,
11 33 unnumbered paragraph 1, Code 2017, is amended to read as
11 34 follows:
11 35 For violations of rules adopted pursuant to section 483A.1
12 1 relating to licenses and permits, the scheduled fines are as
12 2 follows:
12 3 DIVISION III
12 4 TRANSITION PROVISIONS AND EFFECTIVE DATES
12 5 Sec. 26. RULEMAKING. The natural resource commission shall
12 6 submit a notice of intended action to the administrative rules
12 7 coordinator and the administrative code editor pursuant to
12 8 section 17A.4, subsection 1, not later than July 14, 2017, for
12 9 the adoption of rules establishing fees pursuant to section
12 10 483A.1, subsection 1, as enacted by this Act. Such rules shall
12 11 be effective December 15, 2017.
12 12 Sec. 27. EFFECTIVE DATES ==== TRANSITION.
12 13 1. Divisions I and II of this Act take effect December 15,
12 14 2017. A license issued or in effect prior to December 15,
12 15 2017, is subject to the provisions of Code 2017. This Act does
12 16 not affect the validity of a license issued prior to December
12 17 15, 2017.
12 18 2. This division of this Act, being deemed of immediate
12 19 importance, takes effect upon enactment.
HF 631 (2) 87
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