Senate
File
427
-
Introduced
SENATE
FILE
427
BY
ROZENBOOM
A
BILL
FOR
An
Act
relating
to
deer
population
management,
and
including
1
effective
date
and
retroactive
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
481A.130,
subsection
1,
paragraph
h,
1
Code
2021,
is
amended
to
read
as
follows:
2
h.
For
each
deer,
except
as
provided
in
paragraph
“g”
,
and
3
for
each
swan
or
crane,
one
thousand
five
hundred
dollars.
4
Sec.
2.
Section
481C.2A,
subsection
5,
Code
2021,
is
amended
5
to
read
as
follows:
6
5.
The
department
shall
administer
and
enforce
the
7
administrative
rules
concerning
deer
depredation,
including
8
issuance
of
deer
depredation
licenses
and
deer
shooting
9
permits,
that
are
established
by
the
commission
and
subject
to
10
the
following
conditions:
11
a.
Except
for
a
free
license
issued
under
subsection
1,
12
paragraph
“b”
,
the
department
shall
require
a
fee
of
two
dollars
13
for
a
license
or
permit
issued
pursuant
to
this
section
.
14
b.
In
addition
to
other
times
the
department
finds
15
necessary,
the
department
shall
allow
licenses
and
permits
16
issued
pursuant
to
this
section
to
be
used
in
the
months
of
17
September,
October,
November,
and
December.
18
Sec.
3.
Section
483A.8,
Code
2021,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
9.
The
commission
shall
make
available
21
for
use
in
a
January
antlerless
deer
hunting
season
all
unsold
22
antlerless
deer
hunting
licenses
that
have
been
allocated
23
for
use
in
a
specific
county.
The
commission
shall
allow
a
24
person
hunting
with
a
license
issued
under
this
subsection
to
25
use
a
rifle
with
a
barrel
length
of
at
least
sixteen
inches
26
and
firing
centerfire
ammunition
propelling
an
expanding-type
27
bullet
with
a
maximum
diameter
of
no
less
than
two
hundred
28
twenty-three
thousandths
of
one
inch
and
no
larger
than
29
five
hundred
thousandths
of
one
inch
and
with
a
published
or
30
calculated
muzzle
energy
of
five
hundred
foot
pounds
or
higher.
31
Sec.
4.
DEER
POPULATION
STUDY.
The
department
of
natural
32
resources
shall
conduct
a
deer
population
study
to
determine
33
the
estimated
deer
population
in
each
county
in
this
state,
34
which
shall
be
supported
by
historical
records
dating
back
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427
to
1970.
The
department
shall
review
and
provide
scientific
1
data
relating
to
the
environmental
impact
of
excessive
deer
2
populations,
including
the
impact
to
crops
and
trees.
The
3
department
shall
also
review
the
spread
of
disease
in
deer
4
and
other
wildlife
populations.
Additionally,
the
report
5
shall
include
information
on
property
loss,
medical
costs,
and
6
fatalities
due
to
deer-vehicle
accidents.
In
conducting
the
7
study,
the
department
shall
work
with
relevant
representatives
8
from
the
Iowa
state
university
of
science
and
technology,
9
the
department
of
transportation,
and
the
insurance
division
10
of
the
department
of
commerce.
Expenses
for
conducting
the
11
study
shall
be
paid
from
the
fish
and
wildlife
protection
fund
12
established
in
section
456A.17
and
such
payments
are
considered
13
a
proper
use
of
the
funds
for
purposes
of
section
456A.27
and
14
Article
VII,
section
9,
of
the
Constitution
of
the
State
of
15
Iowa.
The
department
shall
submit
a
report
summarizing
the
16
results
of
the
study
to
the
general
assembly
by
January
1,
17
2022.
18
Sec.
5.
REIMBURSEMENT
PAYMENTS
FOR
UNLAWFULLY
TAKEN
19
ANTLERLESS
DEER
——
REFUNDS.
A
person
convicted
on
or
after
20
July
1,
2020,
for
unlawfully
selling,
taking,
catching,
21
killing,
injuring,
destroying,
or
having
in
possession
an
22
antlerless
deer
who
has
paid
the
reimbursement
amount
set
forth
23
in
section
481A.130,
subsection
1,
paragraph
“h”,
shall
be
24
refunded
the
difference
between
the
person’s
payment
and
the
25
reimbursement
amount
set
forth
in
section
481A.130,
subsection
26
1,
paragraph
“c”.
27
Sec.
6.
EFFECTIVE
DATE.
The
following,
being
deemed
of
28
immediate
importance,
take
effect
upon
enactment:
29
1.
The
section
of
this
Act
amending
section
481A.130.
30
2.
The
section
of
this
Act
requiring
the
issuance
of
a
31
refund
for
a
reimbursement
payment
made
pursuant
to
section
32
481A.130
for
a
conviction
entered
on
or
after
July
1,
2020,
33
for
unlawfully
selling,
taking,
catching,
killing,
injuring,
34
destroying,
or
having
in
possession
an
antlerless
deer.
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Sec.
7.
RETROACTIVE
APPLICABILITY.
The
following
applies
1
retroactively
to
July
1,
2020,
to
persons
convicted
on
or
after
2
that
date
for
unlawfully
selling,
taking,
catching,
killing,
3
injuring,
destroying,
or
having
in
possession
an
antlerless
4
deer:
5
The
section
of
this
Act
amending
section
481A.130.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
deer
population
management.
10
Current
law
provides
that
a
person
convicted
of
unlawfully
11
selling,
taking,
catching,
killing,
injuring,
destroying,
12
or
having
in
possession
an
antlerless
deer
shall
reimburse
13
the
state
$1,500.
The
bill
removes
antlerless
deer
from
the
14
provision
that
sets
the
reimbursement
value
at
$1,500.
Because
15
damages
are
not
otherwise
prescribed
for
an
antlerless
deer,
16
a
person
convicted
of
unlawfully
selling,
taking,
catching,
17
killing,
injuring,
destroying,
or
having
in
possession
an
18
antlerless
deer
shall
reimburse
the
state
$50.
This
provision
19
takes
effect
upon
enactment
and
applies
retroactively
to
20
July
1,
2020,
to
persons
convicted
on
or
after
that
date
21
for
unlawfully
selling,
taking,
catching,
killing,
injuring,
22
destroying,
or
having
in
possession
an
antlerless
deer.
A
23
person
convicted
on
or
after
July
1,
2020,
for
unlawfully
24
selling,
taking,
catching,
killing,
injuring,
destroying,
25
or
having
in
possession
an
antlerless
deer
who
has
paid
the
26
current
reimbursement
amount
for
an
antlerless
deer
shall
27
be
refunded
the
difference
between
the
person’s
payment
and
28
the
reimbursement
amount
set
forth
in
Code
section
481A.130,
29
subsection
1,
paragraph
“c”.
30
In
administering
and
enforcing
administrative
rules
relating
31
to
deer
depredation,
the
bill
requires
the
department
of
32
natural
resources
(DNR)
to
require
payment
of
a
$2
fee
for
the
33
issuance
of
a
deer
depredation
license
or
permit.
The
bill
34
also
requires
DNR
to
allow
deer
depredation
tags
to
be
filled
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in
the
months
of
September,
October,
November,
and
December,
in
1
addition
to
any
other
time
that
DNR
finds
necessary.
2
Under
current
law,
deer
hunting
licenses
are
allocated
by
3
zones
and
counties.
The
bill
requires
the
natural
resource
4
commission
to
make
available
for
use
in
a
January
antlerless
5
deer
hunting
season
all
unsold
antlerless
deer
hunting
licenses
6
that
have
been
allocated
for
use
in
a
specific
county.
The
7
bill
requires
the
commission
to
allow
a
person
hunting
with
a
8
license
issued
for
the
January
antlerless
deer
hunting
season
9
to
use
a
rifle
with
a
barrel
length
of
at
least
16
inches
and
10
firing
centerfire
ammunition
propelling
an
expanding-type
11
bullet
with
a
maximum
diameter
of
no
less
than
0.233
inches
and
12
no
larger
than
0.500
inches
and
with
a
published
or
calculated
13
muzzle
energy
of
500
foot
pounds
or
higher.
14
The
bill
requires
DNR
to
conduct
a
deer
population
study
to
15
determine
the
estimated
deer
population
in
each
county
in
this
16
state.
The
bill
requires
DNR
to
review
and
provide
scientific
17
data
relating
to
the
environmental
impact
of
excessive
deer
18
populations,
including
the
impact
to
crops
and
trees,
review
19
information
relating
to
the
spread
of
disease
in
deer
and
other
20
wildlife
populations,
and
include
information
on
property
loss,
21
medical
costs,
and
fatalities
due
to
deer-vehicle
accidents.
22
The
bill
requires
DNR
to
work
with
relevant
representatives
23
from
the
Iowa
state
university
of
science
and
technology,
the
24
department
of
transportation,
and
the
insurance
division
of
25
the
department
of
commerce.
Expenses
for
conducting
the
study
26
shall
be
paid
from
the
fish
and
wildlife
protection
fund.
The
27
bill
requires
DNR
to
submit
a
report
to
the
general
assembly
28
by
January
1,
2022.
29
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