Bill Text: IA HF498 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the registration of hunting and fishing outfitters or hunting and fishing guides and providing a penalty.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2015-03-04 - Introduced, referred to Natural Resources. H.J. 464. [HF498 Detail]
Download: Iowa-2015-HF498-Introduced.html
House File 498 - Introduced HOUSE FILE BY HANSON, THEDE, GASKILL, KELLEY, and BROWN=POWERS A BILL FOR 1 An Act relating to the registration of hunting and fishing 2 outfitters or hunting and fishing guides and providing a 3 penalty. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2100YH (8) 86 av/nh PAG LIN 1 1 Section 1. NEW SECTION. 483A.29 Registration of hunting and 1 2 fishing outfitters or hunting and fishing guides ==== penalty. 1 3 1. As used in this section, unless the context otherwise 1 4 requires: 1 5 a. "Compensation" means payment of, or agreement to pay, 1 6 any money, thing of value, or personal or financial benefit 1 7 conferred in return for labor or services. 1 8 b. "Hunting or fishing outfitter" or "hunting or fishing 1 9 guide" means a person who receives compensation in return for 1 10 the provision of outfitter services to a hunter or fisher. 1 11 c. "Outfitter services" means services defined by the 1 12 commission by rule, which shall include but not be limited 1 13 to the provision of hunting or fishing outfitters or hunting 1 14 or fishing guides, equipment, stands, blinds, decoys, 1 15 boats, access to land or waters to be hunted or fished, and 1 16 transportation to and from such land or waters to a hunter or 1 17 fisher. 1 18 2. A person shall not engage in or be employed for any 1 19 compensation in the business of a hunting or fishing outfitter 1 20 or a hunting or fishing guide in this state unless the person 1 21 is registered as a hunting or fishing outfitter or a hunting 1 22 or fishing guide with the department. A person who provides 1 23 access to that person's private property for hunting or fishing 1 24 without compensation shall not be considered a hunting or 1 25 fishing outfitter or hunting or fishing guide who is subject to 1 26 registration pursuant to this section. A person who primarily 1 27 provides hunting or fishing equipment at retail shall not 1 28 be considered a hunting or fishing outfitter or hunting or 1 29 fishing guide who is subject to registration pursuant to this 1 30 section. The commission shall adopt, by rule, procedures for 1 31 the registration of hunting or fishing guides or hunting or 1 32 fishing outfitters. 1 33 a. The rules shall require an applicant for registration 1 34 to identify all parcels of land or waters which are under the 1 35 lawful control of the applicant, and identify the location and 2 1 acreage of any land or waters to be hunted or fished, and the 2 2 equipment and services to be provided by the hunting or fishing 2 3 outfitter or hunting or fishing guide. Information concerning 2 4 the location and acreage of any land or waters to be hunted 2 5 or fished shall be treated as a confidential record by the 2 6 department pursuant to section 22.7, subsections 3 and 6. 2 7 b. An applicant shall not be registered as a hunting or 2 8 fishing outfitter or hunting or fishing guide pursuant to 2 9 this section if the person is or has been subject to the 2 10 cancellation, suspension, or revocation of a license pursuant 2 11 to section 481A.134 for a violation of chapter 481A, 481B, 2 12 482, 483A, 484A, or 484B, or for the commission of trespass as 2 13 defined in section 716.7 while hunting deer, or has pled guilty 2 14 or been convicted of a violation of chapter 481A, 481B, 482, 2 15 483A, 484A, or 484B, or of the violation of trespass as defined 2 16 in section 716.7 while hunting deer, in violation of section 2 17 481A.135, or if the person is or has been subject to the 2 18 cancellation, suspension, or revocation of a similar license or 2 19 has pled guilty or been convicted of the violation of a similar 2 20 statute, or has pled guilty or been convicted of trespass while 2 21 hunting deer in another state. 2 22 3. A hunting or fishing outfitter or hunting or fishing 2 23 guide registered pursuant to this section shall verify with 2 24 the department, as provided by rule, that any person to whom 2 25 outfitter services are provided is properly licensed to hunt or 2 26 fish in this state for the species sought by that person. 2 27 4. A hunting or fishing outfitter or hunting or fishing 2 28 guide registered pursuant to this section is required to do all 2 29 of the following when providing outfitter services to a hunter 2 30 or fisher: 2 31 a. Prior to providing outfitter services to a hunter or 2 32 fisher, supply the hunter or fisher with a written notice 2 33 which specifies the types of services that will be provided, 2 34 the cost of the services to be provided, and the refund policy 2 35 concerning the services to be provided. 3 1 b. Be responsible for ensuring that each hunter or fisher 3 2 to whom outfitter services will be provided has the necessary 3 3 permits, stamps, and licenses prior to hunting or fishing. 3 4 c. Indicate clearly the boundaries of the land or waters to 3 5 be hunted or fished and any special restrictions concerning the 3 6 conduct of the hunting or fishing experience. 3 7 d. Make no guarantees as to the success of the hunting or 3 8 fishing experience. 3 9 e. Make no misrepresentations concerning the facilities, 3 10 prices, equipment, services, or hunting or fishing 3 11 opportunities to be provided. 3 12 f. Not take or attempt to take any wildlife on behalf of a 3 13 hunter or fisher to whom outfitter services are being provided. 3 14 g. Maintain a current log of hunters or fishers to whom 3 15 outfitter services have been provided, the dates of the hunting 3 16 or fishing experiences, the hunting or fishing license and 3 17 permit numbers of the hunters or fishers to whom outfitter 3 18 services have been provided, and harvest information for each 3 19 hunting or fishing experience. 3 20 h. Maintain a map of the land or waters which are under the 3 21 lawful control of the hunting or fishing outfitter or hunting 3 22 or fishing guide and which identifies the location and acreage 3 23 of the land and waters to be hunted or fished pursuant to the 3 24 registration of the hunting or fishing outfitter or hunting or 3 25 fishing guide. Information maintained on the map concerning 3 26 the location and acreage of any land or waters to be hunted 3 27 or fished shall be treated as a confidential record by the 3 28 department pursuant to section 22.7, subsections 3 and 6. 3 29 5. Registration as a hunting or fishing outfitter or hunting 3 30 or fishing guide pursuant to this section does not entitle the 3 31 hunting or fishing outfitter or hunting or fishing guide to any 3 32 hunting or fishing license or tag other than those licenses or 3 33 tags the hunting or fishing outfitter or hunting or fishing 3 34 guide may lawfully obtain for the outfitter's or guide's 3 35 personal use. 4 1 6. Nothing in this section shall be construed to entitle a 4 2 nonresident hunter or fisher to any hunting or fishing license 4 3 or tag in this state other than those licenses or tags the 4 4 nonresident hunter or fisher is otherwise eligible to lawfully 4 5 obtain for the hunter's or fisher's use. 4 6 7. The commission shall establish, by rule, the annual fee 4 7 for a hunting or fishing outfitter or hunting or fishing guide 4 8 registration. In determining an annual fee, the commission 4 9 shall consider the costs of providing for the registration and 4 10 administering and enforcing this section. 4 11 8. This section does not apply to the activities of a 4 12 hunting or fishing outfitter or hunting or fishing guide that 4 13 are conducted on a hunting preserve pursuant to chapter 484B 4 14 or 484C. 4 15 9. A person who violates this section or the rules adopted 4 16 pursuant to this section is guilty of a serious misdemeanor for 4 17 each violation. 4 18 EXPLANATION 4 19 The inclusion of this explanation does not constitute agreement with 4 20 the explanation's substance by the members of the general assembly. 4 21 This bill provides for the registration of persons engaged 4 22 in the business of a hunting or fishing outfitter or hunting 4 23 or fishing guide. The bill defines a "hunting or fishing 4 24 outfitter" or "hunting or fishing guide" as a person who 4 25 receives compensation in return for providing outfitter 4 26 services to a hunter or fisher. The bill defines "outfitter 4 27 services" as services defined by the natural resource 4 28 commission by rule, including but not limited to the provision 4 29 of hunting or fishing outfitters or guides, equipment, stands, 4 30 blinds, decoys, boats, access to land or waters to be hunted, 4 31 and transportation to and from such land or waters to a hunter 4 32 or fisher. The natural resource commission is directed to 4 33 register hunting or fishing outfitters or hunting or fishing 4 34 guides upon application and payment of an annual fee determined 4 35 by rule of the commission. A person who provides access to 5 1 that person's private property for hunting or fishing without 5 2 compensation or a person who primarily provides hunting or 5 3 fishing equipment at retail is not considered a hunting or 5 4 fishing outfitter or hunting or fishing guide who is subject 5 5 to registration for purposes of the bill. An applicant shall 5 6 identify all parcels of land or waters which are under the 5 7 lawful control of the applicant, and identify the location 5 8 and acreage of any land or waters to be hunted or fished, and 5 9 the equipment and services to be provided by the hunting or 5 10 fishing outfitter or the hunting or fishing guide. Information 5 11 concerning the location and acreage of any land or waters to be 5 12 hunted or fished shall be treated as a confidential record by 5 13 the department of natural resources pursuant to Code section 5 14 22.7, subsection 3, relating to trade secrets, and subsection 5 15 6, relating to reports to public agencies, which if released 5 16 would give advantage to competitors and serve no public 5 17 purpose. 5 18 An applicant shall not be registered as a hunting or fishing 5 19 outfitter or guide if the person is or has been subject to 5 20 cancellation, suspension, or revocation of a license issued 5 21 by the department of natural resources or has pled guilty or 5 22 been convicted of such license violations or violations of 5 23 similar statutes, or has pled guilty or been convicted of 5 24 the commission of trespass while hunting deer, or has been 5 25 subject to cancellation, suspension, or revocation of a similar 5 26 license, or pled guilty or been convicted of trespass while 5 27 hunting deer in another state. 5 28 A registered hunting or fishing outfitter or guide is 5 29 required to verify with the department of natural resources, as 5 30 provided by rule, that any person to whom hunting or fishing 5 31 outfitter or guide services are provided is properly licensed 5 32 to hunt or fish in this state for the species sought by that 5 33 person. 5 34 The bill specifies the duties and responsibilities of a 5 35 hunting or fishing outfitter or guide to a hunter or fisher to 6 1 whom outfitter services will be or are being provided. 6 2 Nothing in the bill is be construed to entitle a nonresident 6 3 hunter or fisher to any hunting or fishing license or tag in 6 4 this state other than those licenses or tags the nonresident 6 5 hunter is otherwise eligible to lawfully obtain for the 6 6 hunter's or fisher's use. 6 7 The bill does not apply to activities that are conducted on a 6 8 hunting preserve. 6 9 A violator is guilty of a serious misdemeanor for each 6 10 violation of the bill or rules adopted under the bill. A 6 11 serious misdemeanor is punishable by confinement for no more 6 12 than one year and a fine of at least $315 but not more than 6 13 $1,875. LSB 2100YH (8) 86 av/nh
