Bill Text: IA HF577 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to hunter education license requirements, providing for a hunting license with an apprentice hunter designation, and including penalty provisions. (Formerly HSB 195)

Sponsorship: Committee Bill

Status: (Introduced - Dead) 2015-03-24 - Withdrawn. H.J. 690. [HF577 Detail]

Download: Iowa-2015-HF577-Introduced.html

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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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