Senate Study Bill 3129 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT BILL BY CHAIRPERSON ROZENBOOM) A BILL FOR An Act relating to nonresident deer hunting 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 5354XC (4) 88 js/rn
S.F. _____ DIVISION I 1 NONRESIDENT LANDOWNERS 2 Section 1. Section 483A.1A, Code 2020, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 8A. “Nonresident landowner” means a 5 nonresident who meets all of the following criteria: 6 a. The nonresident can establish ownership of at least 7 eighty acres of land in this state with a low suitability 8 for commodity agriculture production, as determined by the 9 department. 10 b. The nonresident can prove ownership of the property in 11 paragraph “a” for at least five years. 12 c. The nonresident has not used an exemption from property 13 taxes under chapter 427C for any property owned by the 14 nonresident. 15 d. The nonresident has not enrolled the land in the 16 conservation reserve program as described in 7 C.F.R. pt. 1410. 17 Sec. 2. Section 483A.8, subsection 3, paragraph c, Code 18 2020, is amended to read as follows: 19 c. The commission shall annually limit to six thousand 20 the number of nonresidents allowed to have antlered or any 21 sex deer hunting licenses. Of the six thousand nonresident 22 antlered or any sex deer hunting licenses issued, not 23 more than thirty-five percent of the licenses shall be bow 24 season licenses. After the six thousand antlered or any 25 sex nonresident deer hunting licenses have been issued, all 26 additional nonresident deer licenses shall be issued for 27 antlerless deer only. The commission shall annually determine 28 the number of nonresident antlerless deer only deer hunting 29 licenses that will be available for issuance. The limits 30 established in this paragraph shall not apply to licenses for 31 nonresident landowners issued pursuant to subsection 5. 32 Sec. 3. Section 483A.8, subsection 5, Code 2020, is amended 33 to read as follows: 34 5. A nonresident owning land in this state who is not a 35 -1- LSB 5354XC (4) 88 js/rn 1/ 6
S.F. _____ nonresident landowner as defined in section 483A.1, subsection 1 8A, or is otherwise ineligible under subsection 5A of this 2 section may apply for a nonresident antlered or any sex deer 3 hunting license, and the provisions of subsection 3 shall 4 apply. However, if a nonresident owning land in this state 5 is unsuccessful in obtaining one of the nonresident antlered 6 or any sex deer hunting licenses, the landowner nonresident 7 owning land in this state shall be given preference for one 8 of the antlerless deer only nonresident deer hunting licenses 9 available pursuant to subsection 3 . A nonresident owning land 10 in this state shall pay the fee for a nonresident antlerless 11 only deer hunting license and the license shall be valid to 12 hunt on the nonresident’s land only. If one or more parcels 13 of land have multiple nonresident owners, only one of the 14 nonresident owners is eligible for a nonresident antlerless 15 only deer hunting license. If a nonresident jointly owns land 16 in this state with a resident, the nonresident shall not be 17 given preference for a nonresident antlerless only deer hunting 18 license. The department may require proof of land ownership 19 from a nonresident landowner applying for a nonresident 20 antlerless only deer hunting license. 21 Sec. 4. Section 483A.8, Code 2020, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 5A. a. A nonresident landowner meeting all 24 the criteria outlined in this subsection may apply and shall be 25 eligible for two nonresident antlered or any sex deer hunting 26 licenses valid to hunt on all land owned by the nonresident 27 only, and the provisions of subsection 3 , paragraph “a” , shall 28 apply. 29 b. A nonresident landowner may only make one application 30 annually. 31 c. If one or more parcels of land have multiple nonresident 32 landowners, no more than two nonresident landowner deer hunting 33 licenses may be used on a shared parcel. 34 d. The department shall require proof of land ownership from 35 -2- LSB 5354XC (4) 88 js/rn 2/ 6
S.F. _____ a nonresident landowner applying for a nonresident landowner 1 deer hunting license and a depredation agreement under 2 chapter 481C to limit potential damage to crops, horticultural 3 products, trees, or nurseries due to wild animals. 4 e. A nonresident landowner who owns additional land 5 suitable for crop or livestock production, as determined by the 6 department of agriculture and land stewardship, shall include 7 with the application an affidavit explaining the nonresident 8 landowner’s efforts to secure a beginning farmer, as defined 9 in section 16.58, as a tenant. 10 DIVISION II 11 FORMER OWNERS 12 Sec. 5. Section 483A.24, subsection 1, Code 2020, is amended 13 to read as follows: 14 1. Owners , former owners, as defined in subsection 2, or 15 tenants of land, and their minor children, may hunt, fish , 16 or trap upon such lands and may shoot by lawful means ground 17 squirrels, gophers, or woodchucks upon adjacent roads without 18 securing a license so to do; except however , special licenses 19 to hunt deer and wild turkey shall be required of owners and 20 tenants , and former owners hunting deer, but they owners and 21 tenants shall not be required to have a special wild turkey 22 hunting license to hunt wild turkey on a hunting preserve 23 licensed under chapter 484B . 24 Sec. 6. Section 483A.24, subsection 2, paragraph a, Code 25 2020, is amended by adding the following new subparagraph: 26 NEW SUBPARAGRAPH . (03) “Former owner” means a person who is 27 a nonresident but previously qualified as an owner and has a 28 current resident spouse or child who is a current owner of the 29 same land. 30 Sec. 7. Section 483A.24, subsection 2, paragraphs c, d, and 31 e, Code 2020, are amended to read as follows: 32 c. Upon written application on forms furnished by the 33 department, the department shall issue annually without fee two 34 deer hunting licenses, one antlered or any sex deer hunting 35 -3- LSB 5354XC (4) 88 js/rn 3/ 6
S.F. _____ license and one antlerless deer only deer hunting license, 1 to the owner of a farm unit , a former owner of a farm unit, 2 or a member of the owner’s family, but only a total of two 3 licenses for both between them , and to the tenant of a farm 4 unit or a member of the tenant’s family, but only a total of 5 two licenses for both. The deer hunting licenses issued shall 6 be valid only for use on the farm unit for which the applicant 7 applies pursuant to this paragraph. The owner , former owner, 8 or the tenant need not reside on the farm unit to qualify for 9 the free deer hunting licenses to hunt on that farm unit. The 10 free deer hunting licenses issued pursuant to this paragraph 11 shall be valid and may be used during any bow or firearm deer 12 hunting season. The licenses may be used to harvest deer in 13 two different seasons. In addition, a person who receives a 14 free deer hunting license pursuant to this paragraph shall 15 pay a one dollar fee for each license that shall be used 16 and is appropriated for the purpose of deer herd population 17 management, including assisting with the cost of processing 18 deer donated to the help us stop hunger program administered 19 by the commission. 20 d. In addition to the free deer hunting licenses received 21 pursuant to paragraph “c” , an owner of a farm unit , a former 22 owner of a farm unit, or a member of the owner’s family and the 23 tenant or a member of the tenant’s family may purchase a deer 24 hunting license for any option offered to paying deer hunting 25 licensees. An owner of a farm unit , a former owner of a farm 26 unit, or a member of the owner’s family and the tenant or a 27 member of the tenant’s family may also purchase two additional 28 antlerless deer hunting licenses which that are valid only on 29 the farm unit for a fee established by rules adopted pursuant 30 to section 483A.1 . 31 e. If the commission establishes a deer hunting season to 32 occur in the first quarter of a calendar year that is separate 33 from a deer hunting season that continues from the last quarter 34 of the preceding calendar year, each owner , each former owner, 35 -4- LSB 5354XC (4) 88 js/rn 4/ 6
S.F. _____ and each tenant of a farm unit located within a zone where a 1 deer hunting season is established, upon application, shall be 2 issued a free deer hunting license for each of the two calendar 3 quarters. Each license is valid only for hunting on the farm 4 unit of the owner and tenant. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to nonresident deer hunting on land owned 9 or formerly owned by a nonresident. 10 The bill creates a definition for “nonresident landowner”, 11 which is a nonresident who owns 80 acres of land in this state 12 with a low suitability for commodity agriculture production, as 13 determined by the department of natural resources, has owned 14 that land for at least five years, has not used an exemption 15 from property taxes for forest and fruit tree reservations 16 for any property the nonresident owns, and has not enrolled 17 the land in the federal conservation reserve program. The 18 bill allows a nonresident landowner to apply once per year 19 for two antlered or any sex deer hunting licenses for use 20 on the nonresident landowner’s property. Licenses issued in 21 this manner are not included in the allotment of nonresident 22 deer hunting licenses issued by the commission. If one or 23 more parcels of land have multiple nonresident landowners, 24 no more than two nonresident landowner deer hunting licenses 25 may be used on a shared parcel. The department shall require 26 proof of land ownership from the nonresident landowner and the 27 nonresident landowner shall enter a wild animal depredation 28 agreement with the department for purposes of limiting 29 potential damage to crops, horticultural products, trees, and 30 nurseries due to wild animals. If the nonresident landowner 31 owns additional land that the department of agriculture and 32 land stewardship determines is suitable for crop or livestock 33 production, the nonresident landowner shall include with the 34 application an affidavit explaining the nonresident landowner’s 35 -5- LSB 5354XC (4) 88 js/rn 5/ 6
S.F. _____ efforts to secure a beginning farmer as a tenant. 1 The bill creates a definition of “former owner”, which is 2 a nonresident who previously qualified as an owner under Code 3 section 483A.24, subsection 2, and who has a resident spouse or 4 child who currently qualifies as an owner on the same property. 5 The bill extends the privilege to hunt without a license on 6 one’s own land to former owners. The bill makes the former 7 owner eligible to receive free deer hunting licenses for use on 8 the property and purchase additional antlerless deer only deer 9 hunting licenses for use on the property. If the commission 10 establishes a deer hunting season to occur in the first quarter 11 of a calendar year that is separate from a deer hunting season 12 that continues from the last quarter of the preceding calendar 13 year, each former owner of a farm unit in a zone where a deer 14 hunting season is established may receive a free deer hunting 15 license for each of the calendar quarters for use on the farm 16 unit. 17 A person who violates a provision of the bill is subject to a 18 scheduled fine of $25. 19 -6- LSB 5354XC (4) 88 js/rn 6/ 6