HF 2323 (LSB 5675YH (5) 88)

HOUSE FILE 2323

BY  WILLS

A BILL FOR

An Act relating to deer hunting by nonresidents on land owned or formerly owned by nonresidents, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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