Bill Text: IA HF631 | 2017-2018 | 87th General Assembly | Enrolled

Iowa House Bill 631 (Prior Session Legislation)

Bill Title: A bill for an act relating to the establishment of certain licenses and fees by rules adopted by the natural resource commission and including coordinating and transition provisions, and effective date provisions. (Formerly HF 574 & HSB 175.) Divisions I & II effective 12-15-18; Division III effective 5-17-18.

Spectrum: Committee Bill

Status: (Passed) 2018-05-17 - Signed by Governor. H.J. 997. [HF631 Detail]

Download: Iowa-2017-HF631-Enrolled.html

House File 631 - Enrolled

HOUSE FILE
BY COMMITTEE ON WAYS AND
MEANS

(SUCCESSOR TO HF 574)
(SUCCESSOR TO HSB 175)
\5
A BILL FOR
\1
House File 631

AN ACT
RELATING TO THE ESTABLISHMENT OF CERTAIN LICENSES AND
FEES BY RULES ADOPTED BY THE NATURAL RESOURCE COMMISSION
AND INCLUDING COORDINATING AND TRANSITION PROVISIONS, AND
EFFECTIVE DATE PROVISIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
LICENSES AND FEES ==== RULES
Section 1. Section 483A.1, Code 2018, is amended by striking
the section and inserting in lieu thereof the following:
483A.1 Licenses ==== fees ==== rules.
1. Except as otherwise provided in this chapter, a person
shall not fish, trap, hunt, pursue, catch, kill, take in
any manner, use, have possession of, sell, or transport all
or a part of any wild animal, bird, game, turtle, or fish,
the protection and regulation of which is desirable for
the conservation of resources of the state, without first
obtaining a license for that purpose, and the payment of a fee
as established by rules adopted by the commission pursuant to
chapter 17A.
2. a. The fees established by rule pursuant to subsection 1
shall be periodically evaluated by the department, but not less
often than once every three years, to ensure that the fees paid
are sufficient to meet the needs of natural resource management
and the public.
b. By December 15 of each year on and after December 15,
2019, that an evaluation of the license fees is completed, the
department shall file a written report with the commission and
the general assembly which shall include the evaluation and
recommendations for changes, if any. Any fee increase proposed
in such a report shall not take effect until on or after
December 15 of the year succeeding the report and an individual
license fee shall not be increased in any calendar year in an
amount that exceeds five percent.
Sec. 2. Section 483A.3, subsection 1, paragraph a, Code
2018, is amended to read as follows:
a. A resident or nonresident person required to have a
hunting or fur harvester license shall not hunt or trap unless
the person purchases a hunting or fur harvester license that
includes the wildlife habitat fee, in an amount established by
rules adopted by the commission pursuant to section 483A.1.
Sec. 3. Section 483A.3, subsection 1, paragraph c, Code
2018, is amended by striking the paragraph.
Sec. 4. Section 483A.3, subsection 1, paragraphs d and e,
Code 2018, are amended to read as follows:
d. All wildlife habitat fees shall be administered in
the same manner as hunting and fur harvester licenses except
all revenue derived from wildlife habitat fees shall be used
within the state of Iowa for habitat development and shall be
deposited in the state fish and game protection fund, except
as provided in subsection 2. The revenue may be used for
the matching of federal funds. The revenues and any matched
federal funds shall be used for acquisition of land, leasing of
land, or obtaining of easements from willing sellers for use
as wildlife habitats. Notwithstanding the exemption provided
by section 427.1, any land acquired with the revenues and
matched federal funds shall be subject to the full consolidated
levy of property taxes, which shall be paid from those the
income generated from those lands or, if no such income is
generated, from the wildlife habitat fee revenues. In addition
the revenue may be used for the development and enhancement of
wildlife lands and habitat areas.
e. Not less than fifty percent of all revenue three dollars
from each wildlife habitat fees fee shall be allocated as
specified in section 483A.3B and not less than fifty percent
of the balance of each fee shall be used by the commission
to enter into agreements with county conservation boards or
other public agencies in order to carry out the purposes of
this section. The However, the state share of funding of those
agreements provided by the revenue from wildlife habitat fees
shall not exceed seventy=five percent.
Sec. 5. Section 483A.3, subsections 3 and 4, Code 2018, are
amended to read as follows:
3. Notwithstanding subsections 1 and 2, any increase in
wildlife habitat fee revenues received collected on or after
July 1, 2007 December 15, 2018, pursuant to this section as
a result of wildlife habitat fee increases pursuant to 2007
Iowa Acts, ch. 194 established by rules adopted pursuant to
section 483A.1, shall be used by the commission only for
the purpose of the game bird habitat development program as
provided for any of the purposes set forth in this section or
in section 483A.3B, except that such increases in revenues
collected shall not be used by the commission for the purpose
of land acquisition. The commission shall not reduce on an
annual basis for these purposes the amount of other funds being
expended as of July 1, 2007 December 15, 2018.
4. A three=year multi=year hunting license purchased
pursuant to section 483A.1, subsection 1, paragraph "j"
483A.9A, includes the payment of a wildlife habitat fee for
each of the three years for which the license is valid and
those fees shall be used as provided in this section.
Sec. 6. Section 483A.3A, Code 2018, is amended to read as
follows:
483A.3A Fish habitat development funding.
Three dollars from each resident and nonresident annual and
seven=day fishing license and nine dollars from each resident
three=year multi=year fishing license sold shall be deposited
in the state fish and game protection fund and shall be used
within this state for fish habitat development. Not less than
fifty percent of this amount shall be used by the commission to
enter into agreements with county conservation boards to carry
out the purposes of this section.
Sec. 7. Section 483A.3B, subsection 1, Code 2018, is amended
to read as follows:
1. Allocation of revenue ==== accounts. All revenue collected
from increases in wildlife habitat fees as provided in section
483A.3, subsection 3 1, paragraph "e", that is deposited in
the state fish and game protection fund and that is allocated
pursuant to this section shall be allocated as follows:
a. Two Not less than two dollars of each wildlife habitat
fee collected shall be allocated to the game bird wetlands
conservation account.
b. One Not less than one dollar of each wildlife habitat
fee collected shall be allocated to the game bird buffer strip
assistance account.
c. Notwithstanding section 12C.7, subsection 2, interest or
earnings on moneys collected from wildlife habitat fees that
are deposited in each account created under this section shall
be credited to that account. Notwithstanding section 8.33 or
section 456A.17, moneys credited to each account created under
this section shall not revert to the state general fund at the
close of a fiscal year.
d. All revenue generated by increases in the collected
from wildlife habitat fee fees as provided in section 483A.3,
subsection 3 1, paragraph "e", that is allocated pursuant to
this section shall be used as provided in this section, except
for that part which is specified by the department for use in
paying administrative expenses as provided in section 456A.17.
Sec. 8. NEW SECTION. 483A.6B Nonresident five=day hunting
license ==== fee.
1. A nonresident may be issued a five=day hunting license
that costs an amount as set by rules adopted pursuant to
section 483A.1, including the wildlife habitat fee. A
nonresident hunting with a license issued under this section
shall be otherwise qualified to hunt in this state.
2. This section is repealed on December 15, 2021.
Sec. 9. Section 483A.8, subsection 7, Code 2018, is amended
to read as follows:
7. A person who is issued a youth deer hunting license and
does not take a deer during the youth deer hunting season may
use the deer hunting license and unused tag during any other
firearm established deer hunting season that is established by
the commission to take a deer of either sex using the method of
take authorized by rule for each season being hunted. If the
tag is filled during one of the seasons, the license will not
be valid in subsequent seasons.
Sec. 10. Section 483A.17, Code 2018, is amended to read as
follows:
483A.17 Tenure of license.
Every license, except as otherwise provided in this
chapter, is valid from the date issued to January 10 of the
succeeding calendar year for which it is issued. A license
shall not be issued prior to December 15 for the subsequent
calendar year except for a three=year multi=year fishing
license or a three=year multi=year hunting license issued to a
resident pursuant to rules adopted pursuant to section 483A.1,
subsection 1.
Sec. 11. Section 483A.24, subsection 2, paragraphs b and c,
Code 2018, are amended to read as follows:
b. Upon written application on forms furnished by the
department, the department shall issue annually without fee one
wild turkey license to the owner of a farm unit or to a member
of the owner's family, but not to both, and to the tenant or
to a member of the tenant's family, but not to both. The wild
turkey hunting license licenses issued shall be valid only on
the farm unit for which an applicant qualifies pursuant to this
subsection and shall be equivalent to the least restrictive
license issued under section 481A.38. The owner or the tenant
need not reside on the farm unit to qualify for a free license
to hunt on that farm unit. The free turkey hunting licenses
issued pursuant to this paragraph shall be valid and may be
used during any bow or firearm turkey hunting season.
c. Upon written application on forms furnished by the
department, the department shall issue annually without fee two
deer hunting licenses, one antlered or any sex deer hunting
license and one antlerless deer only deer hunting license, to
the owner of a farm unit or a member of the owner's family,
but only a total of two licenses for both, and to the tenant
of a farm unit or a member of the tenant's family, but only
a total of two licenses for both. The deer hunting licenses
issued shall be valid only for use on the farm unit for which
the applicant applies pursuant to this paragraph. The owner or
the tenant need not reside on the farm unit to qualify for the
free deer hunting licenses to hunt on that farm unit. The free
deer hunting licenses issued pursuant to this paragraph shall
be valid and may be used during any shotgun bow or firearm
deer hunting season. The licenses may be used to harvest deer
in two different seasons. In addition, a person who receives
a free deer hunting license pursuant to this paragraph shall
pay a one dollar fee for each license that shall be used
and is appropriated for the purpose of deer herd population
management, including assisting with the cost of processing
deer donated to the help us stop hunger program administered
by the commission.
DIVISION II
COORDINATING PROVISIONS
Sec. 12. Section 331.605, subsection 1, paragraph b,
subparagraph (1), Code 2018, is amended to read as follows:
(1) The fees specified in rules adopted pursuant to section
483A.1.
Sec. 13. Section 331.605, subsection 1, paragraph c, Code
2018, is amended to read as follows:
c. A state migratory game bird fee as provided in rules
adopted pursuant to section 483A.1.
Sec. 14. Section 481A.93, subsection 2, paragraph b,
subparagraph (2), Code 2018, is amended to read as follows:
(2) The totally blind person is accompanied and aided
by a person who is at least eighteen years of age and whose
vision is not seriously impaired. The accompanying person must
purchase a hunting license that includes the wildlife habitat
fee as provided in rules adopted pursuant to section 483A.1
if applicable. If the accompanying person is not required
to have a hunting license the person is not required to pay
the wildlife habitat fee. During the hunt, the accompanying
adult must be within arm's reach of the totally blind person,
and must be able to identify the target and the location of
the laser sight beam on the target. A person other than the
totally blind person shall not shoot the laser sight=equipped
gun or bow.
Sec. 15. Section 483A.1A, subsection 10, paragraph c, Code
2018, is amended to read as follows:
c. Is a student who qualifies as a resident pursuant to
paragraph "b" only for the purpose of purchasing any resident
license specified in rules adopted pursuant to section 483A.1.
Sec. 16. Section 483A.7, subsection 3, paragraph b, Code
2018, is amended to read as follows:
b. The commission shall assign one preference point to a
nonresident whose application for a nonresident wild turkey
hunting license is denied due to limitations on the number
of nonresident wild turkey hunting licenses available for
issuance that year. An additional preference point shall be
assigned to that person each subsequent year the person's
license application is denied for that reason. A nonresident
may purchase additional preference points pursuant to rules
adopted pursuant to section 483A.1, subsection 2, paragraph
"j". The first nonresident wild turkey hunting license drawing
each year shall be made from the pool of applicants with the
most preference points and continue to pools of applicants
with successively fewer preference points until all available
nonresident wild turkey hunting licenses have been issued. If
a nonresident applicant receives a wild turkey hunting license,
all of the applicant's assigned preference points at that time
shall be removed.
Sec. 17. Section 483A.8, subsection 3, paragraphs a, b, and
e, Code 2018, are amended to read as follows:
a. A nonresident hunting deer is required to purchase
a nonresident annual hunting license that includes the
wildlife habitat fee and a nonresident deer hunting license.
In addition, a nonresident who purchases a deer hunting
license shall pay a one dollar fee that shall be used and
is appropriated for the purpose of deer herd population
management, including assisting with the cost of processing
deer donated to the help us stop hunger program administered
by the commission.
b. A nonresident who purchases an antlered or any sex deer
hunting license pursuant to rules adopted pursuant to section
483A.1, subsection 2, paragraph "i", is required to purchase
an antlerless deer only deer hunting license at the same
time, pursuant to rules adopted pursuant to section 483A.1,
subsection 2, paragraph "k".
e. The commission shall assign one preference point to a
nonresident whose application for a nonresident antlered or any
sex deer hunting license is denied due to limitations on the
number of nonresident antlered or any sex deer hunting licenses
available for issuance that year. An additional preference
point shall be assigned to that person each subsequent year
the person's license application is denied for that reason. A
nonresident may purchase additional preference points pursuant
to rules adopted pursuant to section 483A.1, subsection 2,
paragraph "j". The first nonresident antlered or any sex deer
hunting license drawing each year shall be made from the pool
of applicants with the most preference points and continue
to pools of applicants with successively fewer preference
points until all available nonresident antlered or any sex deer
hunting licenses have been issued. If a nonresident applicant
receives an antlered or any sex deer hunting license, all of
the applicant's assigned preference points at that time shall
be removed.
Sec. 18. Section 483A.8, subsections 4 and 6, Code 2018, are
amended to read as follows:
4. The commission may provide, by rule, for the issuance of
an additional antlerless deer hunting license to a person who
has been issued an antlerless deer hunting license. The rules
shall specify the number of additional antlerless deer hunting
licenses which may be issued, and the season and zone in which
the license is valid. The fee for an additional antlerless
deer hunting license shall be ten dollars an amount established
by rules adopted pursuant to section 483A.1 for residents.
6. The commission shall provide by rule for the annual
issuance to a nonresident of a nonresident antlerless deer
hunting license that is valid for use only during the period
beginning on December 24 and ending at sunset on January 2 of
the following year and costs seventy=five dollars an amount
established by rules adopted pursuant to section 483A.1. A
nonresident hunting deer with a license issued under this
subsection shall be otherwise qualified to hunt deer in this
state and shall purchase a nonresident annual hunting license
that includes the wildlife habitat fee, and pay the one dollar
fee for the purpose of deer herd population management as
provided in subsection 3. Pursuant to this subsection, the
commission shall make available for issuance only the remaining
nonresident antlerless deer hunting licenses allocated under
subsection 3 that have not yet been issued for the current
year's nonresident antlerless deer hunting seasons.
Sec. 19. Section 483A.9A, subsection 3, Code 2018, is
amended to read as follows:
3. The commission shall offer to residents a combination
package of an annual fishing license and an annual hunting
license, as provided in rules adopted pursuant to section
483A.1, subsection 1, the cost of which includes the wildlife
habitat fee.
Sec. 20. Section 483A.24, subsection 2, paragraph d, Code
2018, is amended to read as follows:
d. In addition to the free deer hunting licenses received
pursuant to paragraph "c", an owner of a farm unit or a
member of the owner's family and the tenant or a member of the
tenant's family may purchase a deer hunting license for any
option offered to paying deer hunting licensees. An owner of a
farm unit or a member of the owner's family and the tenant or a
member of the tenant's family may also purchase two additional
antlerless deer hunting licenses which are valid only on the
farm unit for a fee of ten dollars each established by rules
adopted pursuant to section 483A.1.
Sec. 21. Section 483A.24, subsection 3, paragraph a, Code
2018, 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 annual 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 education certificate requirement pursuant
to section 483A.27 is waived for a nonresident issued a license
pursuant to this subsection.
Sec. 22. Section 483A.24, subsection 4, paragraph a, Code
2018, 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 annual 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
education certificate requirement pursuant to section 483A.27
is waived for a nonresident issued a license pursuant to this
subsection.
Sec. 23. Section 483A.24, subsection 16, Code 2018, is
amended to read as follows:
16. Upon payment of the fee of five dollars established by
rules adopted pursuant to section 483A.1 for a lifetime fishing
license or lifetime hunting and fishing combined license, the
department shall issue a lifetime fishing license or lifetime
hunting and fishing combined license to a resident of Iowa
who has served in the armed forces of the United States on
federal active duty and who was disabled or was a prisoner of
war during that veteran's military service. The department
shall prepare an application to be used by a person requesting
a lifetime fishing license or lifetime hunting and fishing
combined license under this subsection. The department of
veterans affairs shall assist the department in verifying the
status or claims of applicants under this subsection. As used
in this subsection, "disabled" means entitled to a service
connected rating under 38 U.S.C. ch. 11.
Sec. 24. Section 483A.28, subsection 4, Code 2018, is
amended to read as follows:
4. Any person who is issued a valid fishing license pursuant
to this chapter may fish with a third line as provided in
section 481A.72 only upon the annual purchase of a third line
fishing permit as provided in rules adopted pursuant to section
483A.1.
Sec. 25. Section 717F.7, subsection 3, Code 2018, is amended
to read as follows:
3. A person who keeps falcons, if the person has been issued
a falconry license by the department of natural resources
pursuant to rules adopted pursuant to section 483A.1.
Sec. 26. Section 805.8B, subsection 3, paragraph o,
unnumbered paragraph 1, Code 2018, is amended to read as
follows:
For violations of rules adopted pursuant to section 483A.1
relating to licenses and permits, the scheduled fines are as
follows:
DIVISION III
TRANSITION PROVISIONS AND EFFECTIVE DATES
Sec. 27. RULEMAKING. The natural resource commission shall
submit a notice of intended action to the administrative rules
coordinator and the administrative code editor pursuant to
section 17A.4, subsection 1, not later than July 14, 2018, for
the adoption of rules establishing fees pursuant to section
483A.1, subsection 1, as enacted by this Act. Such rules shall
be effective December 15, 2018.
Sec. 28. EFFECTIVE DATES ==== TRANSITION.
1. Divisions I and II of this Act take effect December 15,
2018. A license issued or in effect prior to December 15,
2018, is subject to the provisions of Code 2018. This Act does
not affect the validity of a license issued prior to December
15, 2018.
2. This division of this Act, being deemed of immediate
importance, takes effect upon enactment.

LINDA UPMEYER

CHARLES SCHNEIDE

CARMINE BOAL

KIM REYNOLDS

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