House File 577 - Introduced HOUSE FILE 577 BY COMMITTEE ON NATURAL RESOURCES (SUCCESSOR TO HSB 195) A BILL FOR An Act relating to hunter education license requirements, 1 providing for a hunting license with an apprentice hunter 2 designation, and including penalty provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2310HV (3) 86 av/nh
H.F. 577 Section 1. Section 483A.7, subsection 3, paragraph a, Code 1 2015, is amended to read as follows: 2 a. A nonresident wild turkey hunter is required to purchase 3 a nonresident hunting license that includes the wildlife 4 habitat fee and a nonresident wild turkey hunting license. The 5 commission shall annually limit to two thousand three hundred 6 licenses the number of nonresidents allowed to have wild turkey 7 hunting licenses. Of the two thousand three hundred licenses, 8 one hundred fifty licenses shall be valid for hunting with 9 muzzle loading shotguns only. The commission shall allocate 10 the nonresident wild turkey hunting licenses issued among the 11 zones based on the populations of wild turkey. A nonresident 12 applying for a wild turkey hunting license must exhibit proof 13 of having successfully completed a hunter safety and ethics 14 education program as provided in section 483A.27 or its 15 equivalent as determined by the department before the license 16 is issued. 17 Sec. 2. Section 483A.8, subsection 3, paragraph d, Code 18 2015, is amended to read as follows: 19 d. The commission shall allocate all nonresident deer 20 hunting licenses issued among the zones based on the 21 populations of deer. However, a nonresident applicant may 22 request one or more hunting zones, in order of preference, in 23 which the applicant wishes to hunt. If the request cannot 24 be fulfilled, the applicable fees shall be returned to the 25 applicant. A nonresident applying for a deer hunting license 26 must exhibit proof of having successfully completed a hunter 27 safety and ethics education program as provided in section 28 483A.27 or its equivalent as determined by the department 29 before the license is issued. 30 Sec. 3. Section 483A.24, subsection 3, paragraph a, Code 31 2015, is amended to read as follows: 32 a. Fifty of the nonresident deer hunting licenses shall be 33 allocated as requested by a majority of a committee consisting 34 of the majority leader of the senate, speaker of the house 35 -1- LSB 2310HV (3) 86 av/nh 1/ 9
H.F. 577 of representatives, and director of the economic development 1 authority, or their designees. The licenses provided pursuant 2 to this subsection shall be in addition to the number of 3 nonresident licenses authorized pursuant to section 483A.8 . 4 The purpose of the special nonresident licenses is to allow 5 state officials and local development groups to promote the 6 state and its natural resources to nonresident guests and 7 dignitaries. Photographs, videotapes, or any other form 8 of media resulting from the hunting visitation shall not 9 be used for political campaign purposes. The nonresident 10 licenses shall be issued without application upon purchase of a 11 nonresident hunting license that includes the wildlife habitat 12 fee and the purchase of a nonresident deer hunting license. 13 The licenses are valid in all zones open to deer hunting. The 14 hunter safety and ethics education certificate requirement 15 pursuant to section 483A.27 is waived for a nonresident issued 16 a license pursuant to this subsection . 17 Sec. 4. Section 483A.24, subsection 4, paragraph a, Code 18 2015, is amended to read as follows: 19 a. Fifty of the nonresident wild turkey hunting licenses 20 shall be allocated as requested by a majority of a committee 21 consisting of the majority leader of the senate, speaker of 22 the house of representatives, and director of the economic 23 development authority, or their designees. The licenses 24 provided pursuant to this subsection shall be in addition 25 to the number of nonresident licenses authorized pursuant 26 to section 483A.7 . The purpose of the special nonresident 27 licenses is to allow state officials and local development 28 groups to promote the state and its natural resources to 29 nonresident guests and dignitaries. Photographs, videotapes, 30 or any other form of media resulting from the hunting 31 visitation shall not be used for political campaign purposes. 32 The nonresident licenses shall be issued without application 33 upon purchase of a nonresident hunting license that includes 34 the wildlife habitat fee and the purchase of a nonresident wild 35 -2- LSB 2310HV (3) 86 av/nh 2/ 9
H.F. 577 turkey hunting license. The licenses are valid in all zones 1 open to wild turkey hunting. The hunter safety and ethics 2 education certificate requirement pursuant to section 483A.27 3 is waived for a nonresident issued a license pursuant to this 4 subsection . 5 Sec. 5. Section 483A.24, subsection 5, paragraph e, Code 6 2015, is amended to read as follows: 7 e. A disabled person who receives a special license under 8 this subsection shall complete the hunter safety and ethics 9 education course. 10 Sec. 6. Section 483A.24, subsection 12, paragraph d, Code 11 2015, is amended to read as follows: 12 d. A nonresident who receives a special license pursuant to 13 this subsection shall purchase a hunting license that includes 14 the wildlife habitat fee and the applicable nonresident turkey 15 or deer hunting license, but is not required to complete the 16 hunter safety and ethics education course if the person is 17 accompanied and aided by a person who is at least eighteen 18 years of age. The accompanying person must be qualified to 19 hunt and have a hunting license that includes the wildlife 20 habitat fee. During the hunt, the accompanying adult must be 21 within arm’s reach of the nonresident licensee. 22 Sec. 7. Section 483A.27, Code 2015, is amended to read as 23 follows: 24 483A.27 Hunter safety and ethics education program —— license 25 requirement. 26 1. A person born after January 1, 1972, shall not obtain a 27 hunting license unless the person has satisfactorily completed 28 a hunter safety and ethics education course approved by the 29 commission. A person who is eleven years of age or more 30 may enroll in an approved hunter safety and ethics education 31 course, but a person who is eleven years of age and who has 32 successfully completed the course shall be issued a certificate 33 of completion which becomes valid on the person’s twelfth 34 birthday. A certificate of completion from an approved hunter 35 -3- LSB 2310HV (3) 86 av/nh 3/ 9
H.F. 577 safety and ethics education course issued in this state, or a 1 certificate issued by another state, country, or province for 2 completion of a course that meets the standards adopted by the 3 international hunter education association —— United States of 4 America , is valid for the requirements of this section . 5 2. a. A certificate of completion shall not be issued 6 to a person who has not satisfactorily completed a minimum 7 of ten hours of training in an approved hunter safety and 8 ethics education course. The department shall establish the 9 curriculum based on the standards adopted by the international 10 hunter education association —— United States of America for 11 the first ten hours of an the approved hunter safety and ethics 12 education course offered in this state . Upon completion 13 of the ten-hour curriculum course , each person shall pass 14 an individual oral test or a written test provided by the 15 department. The department shall establish the criteria for 16 successfully passing the tests. Based on the results of 17 the test and demonstrated safe handling of a firearm, the 18 instructor shall determine the persons who shall be issued a 19 certificate of completion. 20 b. Notwithstanding paragraph “a” , a resident who is eighteen 21 years of age or older may obtain a certificate of completion 22 without demonstrating the safe handling of a firearm. 23 3. The department shall provide a manual regarding hunter 24 safety and ethics education which shall be used by all 25 instructors and persons receiving hunter safety and ethics 26 education training in this state. The department may produce 27 the manual in a print or electronic format accessible from 28 a computer, including from a data storage device or the 29 department’s internet site. 30 4. The department shall provide for the certification of 31 persons who wish to become hunter safety and ethics education 32 instructors. A person shall not act as an instructor in 33 hunter safety and ethics education as provided in this section 34 without first obtaining an instructor’s certificate from the 35 -4- LSB 2310HV (3) 86 av/nh 4/ 9
H.F. 577 department. 1 5. An officer of the department or a certified instructor 2 may issue a certificate to a person who has not completed 3 the hunter safety and ethics education course but meets the 4 criteria established by the commission. 5 6. A public or private school accredited pursuant to section 6 256.11 or an organization approved by the department may 7 cooperate with the department in providing a course in hunter 8 safety and ethics education or shooting sports activities as 9 provided in this section . 10 7. A hunting license obtained under this section by a 11 person who gave false information or presented a fraudulent 12 certificate of completion shall be revoked and a new hunting 13 license shall not be issued for at least two years from the 14 date of conviction. A hunting license obtained by a person 15 who was born after January 1, 1972, but has not satisfactorily 16 completed the hunter safety and ethics education course or has 17 not met the requirements established by the commission, shall 18 be revoked. 19 8. The commission shall adopt rules in accordance with 20 chapter 17A as necessary to carry out the administration of 21 this section . 22 9. The initial hunter safety education certificate shall be 23 issued without cost. A duplicate certificate shall be issued 24 at a cost of three dollars upon payment of the writing fee and 25 administrative fee, if applicable . 26 10. A person under eighteen years of age who is required 27 to exhibit a valid hunting license , shall also exhibit a valid 28 certificate of completion from a state approved hunter safety 29 and ethics education course upon request of an officer of the 30 department. A failure to carry or refusal to exhibit the 31 certificate of completion as provided in this subsection is a 32 violation of this chapter . A violator is guilty of a simple 33 misdemeanor as provided in section 483A.42 . 34 11. An instructor certified by the department shall be 35 -5- LSB 2310HV (3) 86 av/nh 5/ 9
H.F. 577 allowed to conduct a department-approved hunter safety and 1 ethics education course or shooting sports activities course 2 on public school property with the approval of a majority of 3 the board of directors of the school district. Conducting 4 an approved hunter safety and ethics education course or 5 shooting sports activities course is not a violation of any 6 public policy, rule, regulation, resolution, or ordinance which 7 prohibits the possession, display, or use of a firearm, bow and 8 arrow, or other hunting weapon on public school property or 9 other public property in this state. 10 Sec. 8. NEW SECTION . 483A.27A Apprentice hunters. 11 1. Notwithstanding section 483A.27, a person who is sixteen 12 years of age or older may purchase a hunting license with an 13 apprentice hunter designation on the license without first 14 completing a hunter education course if the person meets all 15 the requirements of this section. 16 2. If the apprentice hunter is a minor, the person must 17 be accompanied and aided while hunting by a mentor who is the 18 person’s parent or guardian, or be accompanied and aided by any 19 other competent adult mentor with the consent of the minor’s 20 parent or guardian. If the apprentice hunter is not a minor, 21 the apprentice hunter must be accompanied and aided while 22 hunting by a competent adult mentor. 23 3. The mentor and the apprentice hunter must have valid 24 hunting licenses that include the wildlife habitat fee and that 25 are valid for the same seasons to hunt game. 26 a. A resident mentor and a resident apprentice hunter must 27 also purchase deer hunting licenses and tags to hunt deer and 28 wild turkey hunting licenses and tags to hunt wild turkey, that 29 are valid for the same seasons and zones. A transportation tag 30 issued to a resident apprentice hunter shall not be used to tag 31 a deer or wild turkey taken by another person. 32 b. A nonresident apprentice hunter is not entitled to 33 purchase a deer hunting license to hunt deer or a wild turkey 34 hunting license to hunt wild turkey, or to participate in a 35 -6- LSB 2310HV (3) 86 av/nh 6/ 9
H.F. 577 hunt for deer or wild turkey. 1 4. While hunting, the apprentice hunter must be under the 2 direct supervision of the mentor. For the purposes of this 3 subsection, “direct supervision” means the mentor must maintain 4 constant direction and control of the apprentice hunter and 5 stay within a distance from the apprentice hunter that enables 6 the mentor to give uninterrupted, unaided visual and auditory 7 communications to the apprentice hunter. There must be one 8 licensed mentor in direct supervision of each apprentice 9 hunter. 10 5. A hunting license with an apprentice hunter designation 11 issued pursuant to this section is valid from the date issued 12 to January 10 of the succeeding calendar year for which 13 it is issued. A hunting license with an apprentice hunter 14 designation shall contain the address, signature, and a general 15 description of the licensee. 16 6. A person is eligible to obtain a hunting license with an 17 apprentice hunter designation pursuant to this section only two 18 times. Subsequently, the person must meet the requirements of 19 section 483A.27 in order to obtain a hunting license. 20 7. The commission shall adopt rules pursuant to chapter 17A 21 to administer this section. 22 Sec. 9. Section 484B.10, subsection 3, Code 2015, is amended 23 to read as follows: 24 3. A nonresident youth under sixteen years of age may hunt 25 game birds on a licensed hunting preserve upon securing an 26 annual hunting preserve license restricted to hunting preserves 27 only for a license fee of five dollars and payment of the 28 wildlife habitat fee. A nonresident youth is not required 29 to complete the hunter safety and ethics education course to 30 obtain a hunting preserve license pursuant to this subsection 31 if the youth is accompanied by a person who is at least 32 eighteen years of age, is qualified to hunt, and possesses a 33 valid hunting license that includes the wildlife habitat fee. 34 During the hunt, the accompanying adult must be within arm’s 35 -7- LSB 2310HV (3) 86 av/nh 7/ 9
H.F. 577 reach of the nonresident youth. 1 Sec. 10. Section 805.8B, subsection 3, paragraph b, Code 2 2015, is amended to read as follows: 3 b. For violations of sections 481A.54 , 481A.69 , 481A.71 , 4 481A.72 , 482.6 , 483A.3 , 483A.6 , 483A.19 , and 483A.27 , and 5 483A.27A, the scheduled fine is twenty dollars. 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 hunter education license requirements, 10 provides for a hunting license with an apprentice hunter 11 designation, and includes penalties. 12 The bill renames the “hunter safety and ethics education 13 course” described in Code section 483A.27, whose completion is 14 required to purchase a hunting license in this state, as the 15 “hunter education course”. Coordinating amendments are made to 16 numerous other Code provisions that reference the course. 17 The bill also amends Code section 483A.27 to provide that 18 the curriculum for the entire course shall be based on the 19 standards adopted by the international hunter education 20 association —— United States of America. The cost for a 21 duplicate certificate of completion of the course is changed to 22 the amount of the writing fee and administrative fee instead of 23 specifying that the cost is $3. 24 New Code section 483A.27A provides that, notwithstanding the 25 requirements of Code section 483A.27, a person aged 16 years or 26 older may purchase a hunting license with an apprentice hunter 27 designation without first completing the hunter education 28 course if the person meets the requirements of the new Code 29 section. 30 New Code section 483A.27A provides that if an apprentice 31 hunter is a minor, the person must be accompanied and aided 32 while hunting by a mentor who is the person’s parent or 33 guardian or another competent adult consented to by the 34 parent or guardian. If the apprentice hunter is not a minor, 35 -8- LSB 2310HV (3) 86 av/nh 8/ 9
H.F. 577 the person must be accompanied and aided while hunting by a 1 competent adult mentor. 2 The mentor and the apprentice hunter must have valid hunting 3 licenses that include the wildlife habitat fee and that are 4 valid for the same seasons to hunt game. A resident mentor 5 and a resident apprentice hunter must also have deer or wild 6 turkey hunting licenses that are valid for the same seasons or 7 zones if hunting for deer or wild turkey. A transportation tag 8 issued to an apprentice hunter cannot be used to tag a deer or 9 wild turkey taken by another person. A nonresident apprentice 10 hunter is not entitled to purchase a deer hunting license or 11 a wild turkey hunting license or to participate in a hunt for 12 deer or wild turkey. 13 While hunting, an apprentice hunter must be under the direct 14 supervision of the mentor. “Direct supervision” means that 15 the mentor must maintain constant direction and control of 16 the apprentice hunter and stay within a distance that enables 17 the mentor to give uninterrupted, unaided visual and auditory 18 communications to the apprentice. There must be one licensed 19 mentor in direct supervision of each apprentice. 20 A hunting license with an apprentice hunter designation is 21 valid from the date of issue to January 10 of the succeeding 22 calendar year and shall contain a general description of the 23 licensee. 24 A person is eligible to obtain only two hunting licenses with 25 an apprentice hunter designation. After that, the person must 26 meet the hunter education requirements of Code section 483A.27 27 to obtain a hunting license. 28 The commission is required to adopt rules to administer new 29 Code section 483A.27A. A violation of the new provision is 30 punishable with a scheduled fine of $20. 31 -9- LSB 2310HV (3) 86 av/nh 9/ 9