SSB 3129 (LSB 5354XC (4) 88)

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 or formerly owned by nonresidents, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
NONRESIDENT LANDOWNERS

    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 eighty acres of land in this state with a low suitability for commodity agriculture production, as determined by the department.
   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.
   d.  The nonresident has not enrolled the land in the conservation reserve program as described in 7 C.F.R. pt. 1410.
    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.
   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.
DIVISION II
FORMER OWNERS

    Sec. 5.  Section 483A.24, subsection 1, Code 2020, is amended to read as follows:
   1.  Owners, former owners, as defined in subsection 2, 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, and former owners hunting deer, 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.
    Sec. 6.  Section 483A.24, subsection 2, paragraph a, Code 2020, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (03)  “Former owner” means a person who is a nonresident but previously qualified as an owner and has a current resident spouse or child who is a current owner of the same land.
    Sec. 7.  Section 483A.24, subsection 2, paragraphs c, d, and e, Code 2020, are amended to read as follows:
   c.  Upon written application on forms furnished by the department, the department shall issue annually without fee two deer hunting licenses, one antlered or any sex deer hunting license and one antlerless deer only deer hunting license, to the owner of a farm unit, a former owner of a farm unit, or a member of the owner’s family, but only a total of two licenses for both between them, and to the tenant of a farm unit or a member of the tenant’s family, but only a total of two licenses for both. The deer hunting licenses issued shall be valid only for use on the farm unit for which the applicant applies pursuant to this paragraph. The owner, former owner, or the tenant need not reside on the farm unit to qualify for the free deer hunting licenses to hunt on that farm unit. The free deer hunting licenses issued pursuant to this paragraph shall be valid and may be used during any bow or firearm deer hunting season. The licenses may be used to harvest deer in two different seasons. In addition, a person who receives a free deer hunting license pursuant to this paragraph shall pay a one dollar fee for each license that shall be used and is appropriated for the purpose of deer herd population management, including assisting with the cost of processing deer donated to the help us stop hunger program administered by the commission.
   d.  In addition to the free deer hunting licenses received pursuant to paragraph “c”, an owner of a farm unit, a former owner of a farm unit, or a member of the owner’s family and the tenant or a member of the tenant’s family may purchase a deer hunting license for any option offered to paying deer hunting licensees. An owner of a farm unit, a former owner of a farm unit, or a member of the owner’s family and the tenant or a member of the tenant’s family may also purchase two additional antlerless deer hunting licenses which that are valid only on the farm unit for a fee established by rules adopted pursuant to section 483A.1.
   e.  If the commission establishes a deer hunting season to occur in the first quarter of a calendar year that is separate from a deer hunting season that continues from the last quarter of the preceding calendar year, each owner, each former owner, and each tenant of a farm unit located within a zone where a deer hunting season is established, upon application, shall be issued a free deer hunting license for each of the two calendar quarters. Each license is valid only for hunting on the farm unit of the owner and tenant.
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 80 acres of land in this state with a low suitability for commodity agriculture production, as determined by the department of natural resources, has owned that land for at least five years, has not used an exemption from property taxes for forest and fruit tree reservations for any property the nonresident owns, and has not enrolled the land in the federal conservation reserve program. 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. 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. The bill makes the former owner eligible to receive free deer hunting licenses for use on the property and purchase additional antlerless deer only deer hunting licenses for use on the property. If the commission establishes a deer hunting season to occur in the first quarter of a calendar year that is separate from a deer hunting season that continues from the last quarter of the preceding calendar year, each former owner of a farm unit in a zone where a deer hunting season is established may receive a free deer hunting license for each of the calendar quarters for use on the farm unit.
   A person who violates a provision of the bill is subject to a scheduled fine of $25.