House File 2323 - Introduced HOUSE FILE 2323 BY WILLS A BILL FOR An Act relating to deer hunting by nonresidents on land owned 1 or formerly owned by nonresidents, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5675YH (5) 88 js/rn
H.F. 2323 Section 1. Section 483A.1A, Code 2020, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 8A. “Nonresident landowner” means a 3 nonresident who meets all of the following criteria: 4 a. The nonresident can establish ownership of at least forty 5 acres of land in this state. 6 b. The nonresident can prove ownership of the property in 7 paragraph “a” for at least five years. 8 c. The nonresident has not used an exemption from property 9 taxes under chapter 427C for any property owned by the 10 nonresident. 11 Sec. 2. Section 483A.8, subsection 3, paragraph c, Code 12 2020, is amended to read as follows: 13 c. The commission shall annually limit to six thousand 14 the number of nonresidents allowed to have antlered or any 15 sex deer hunting licenses. Of the six thousand nonresident 16 antlered or any sex deer hunting licenses issued, not 17 more than thirty-five percent of the licenses shall be bow 18 season licenses. After the six thousand antlered or any 19 sex nonresident deer hunting licenses have been issued, all 20 additional nonresident deer licenses shall be issued for 21 antlerless deer only. The commission shall annually determine 22 the number of nonresident antlerless deer only deer hunting 23 licenses that will be available for issuance. The limits 24 established in this paragraph shall not apply to licenses for 25 nonresident landowners issued pursuant to subsection 5. 26 Sec. 3. Section 483A.8, subsection 5, Code 2020, is amended 27 to read as follows: 28 5. A nonresident owning land in this state who is not a 29 nonresident landowner as defined in section 483A.1, subsection 30 8A, or is otherwise ineligible under subsection 5A of this 31 section may apply for a nonresident antlered or any sex deer 32 hunting license, and the provisions of subsection 3 shall 33 apply. However, if a nonresident owning land in this state 34 is unsuccessful in obtaining one of the nonresident antlered 35 -1- LSB 5675YH (5) 88 js/rn 1/ 4
H.F. 2323 or any sex deer hunting licenses, the landowner nonresident 1 owning land in this state shall be given preference for one 2 of the antlerless deer only nonresident deer hunting licenses 3 available pursuant to subsection 3 . A nonresident owning land 4 in this state shall pay the fee for a nonresident antlerless 5 only deer hunting license and the license shall be valid to 6 hunt on the nonresident’s land only. If one or more parcels 7 of land have multiple nonresident owners, only one of the 8 nonresident owners is eligible for a nonresident antlerless 9 only deer hunting license. If a nonresident jointly owns land 10 in this state with a resident, the nonresident shall not be 11 given preference for a nonresident antlerless only deer hunting 12 license. The department may require proof of land ownership 13 from a nonresident landowner applying for a nonresident 14 antlerless only deer hunting license. 15 Sec. 4. Section 483A.8, Code 2020, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 5A. a. A nonresident landowner meeting all 18 the criteria outlined in this subsection may apply and shall be 19 eligible for two nonresident antlered or any sex deer hunting 20 licenses valid to hunt on all land owned by the nonresident 21 only, and the provisions of subsection 3 , paragraph “a” , shall 22 apply. The nonresident landowner shall pay an additional 23 ten-dollar wildlife fee for herd management, including 24 assisting with the cost of processing deer donated to the help 25 us stop hunger program administered by the commission. 26 b. A nonresident landowner may only make one application 27 annually. 28 c. If one or more parcels of land have multiple nonresident 29 landowners, no more than two nonresident landowner deer hunting 30 licenses may be used on a shared parcel. 31 d. The department shall require proof of land ownership from 32 a nonresident landowner applying for a nonresident landowner 33 deer hunting license and a depredation agreement under 34 chapter 481C to limit potential damage to crops, horticultural 35 -2- LSB 5675YH (5) 88 js/rn 2/ 4
H.F. 2323 products, trees, or nurseries due to wild animals. 1 e. A nonresident landowner who owns additional land 2 suitable for crop or livestock production, as determined by the 3 department of agriculture and land stewardship, shall include 4 with the application an affidavit explaining the nonresident 5 landowner’s efforts to secure a beginning farmer, as defined 6 in section 16.58, as a tenant. 7 Sec. 5. Section 483A.24, subsection 1, Code 2020, is amended 8 to read as follows: 9 1. Owners , former owners, or tenants of land, and their 10 minor children, may hunt, fish , or trap upon such lands and may 11 shoot by lawful means ground squirrels, gophers, or woodchucks 12 upon adjacent roads without securing a license so to do; except 13 however , special licenses to hunt deer and wild turkey shall 14 be required of owners and tenants but they owners and tenants 15 shall not be required to have a special wild turkey hunting 16 license to hunt wild turkey on a hunting preserve licensed 17 under chapter 484B . For purposes of this subsection, “former 18 owner” means a person who is a nonresident but previously 19 qualified as an owner as defined in subsection 2, paragraph “a” , 20 and has a resident spouse or child who is a current owner of the 21 same land. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to nonresident deer hunting on land owned 26 or formerly owned by a nonresident. 27 The bill creates a definition for “nonresident landowner”, 28 which is a nonresident who owns at least 40 acres of land in 29 this state, has owned that land for at least five years, and 30 has not used an exemption from property taxes for forest and 31 fruit tree reservations for any property the nonresident owns. 32 The bill allows a nonresident landowner to apply once per year 33 for two antlered or any sex deer hunting licenses for use 34 on the nonresident landowner’s property. Licenses issued in 35 -3- LSB 5675YH (5) 88 js/rn 3/ 4
H.F. 2323 this manner are not included in the allotment of nonresident 1 deer hunting licenses issued by the commission. A nonresident 2 landowner applying for the property-specific licenses shall 3 pay a $10 habitat fee for deer herd management in addition to 4 purchasing a nonresident annual hunting license that includes 5 the wildlife habitat fee and paying the general $1 fee for 6 deer herd management. If one or more parcels of land have 7 multiple nonresident landowners, no more than two nonresident 8 landowner deer hunting licenses may be used on a shared parcel. 9 The department shall require proof of land ownership from the 10 nonresident landowner and the nonresident landowner shall enter 11 a wild animal depredation agreement with the department for 12 purposes of limiting potential damage to crops, horticultural 13 products, trees, and nurseries due to wild animals. If the 14 nonresident landowner owns additional land that the department 15 of agriculture and land stewardship determines is suitable 16 for crop or livestock production, the nonresident landowner 17 shall include with the application an affidavit explaining the 18 nonresident landowner’s efforts to secure a beginning farmer 19 as a tenant. 20 The bill creates a definition of “former owner”, which is 21 a nonresident who previously qualified as an owner under Code 22 section 483A.24, subsection 2, and who has a resident spouse or 23 child who currently qualifies as an owner on the same property. 24 The bill extends the privilege to hunt without a license on 25 one’s own land to former owners. 26 A person who violates a provision of the bill is subject to a 27 scheduled fine of $25. 28 -4- LSB 5675YH (5) 88 js/rn 4/ 4