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Senate Study Bill 60

Bill Text

PAG LIN
  1  1    Section 1.  Section 308.2, Code 1997, is amended to read as
  1  2 follows:
  1  3    308.2  ASSENT TO FEDERAL ACT.
  1  4    The general assembly of the state of Iowa hereby declares
  1  5 that the intent of this chapter is to assent to any Act of the
  1  6 United States Congress authorizing the development of any
  1  7 national parkway located wholly or partly within the state of
  1  8 Iowa, to the full extent that is necessary to secure any
  1  9 benefits under such Act, provided that the hunting of
  1 10 migratory waterfowl game birds and other game and fishing
  1 11 shall not be prohibited or otherwise restricted by the United
  1 12 States government or any of its designated agencies in control
  1 13 of said project, and to authorize the appropriate state
  1 14 boards, commissions, departments and the governing bodies of
  1 15 counties, cities and villages and especially the state
  1 16 transportation commission to co-operate in the planning and
  1 17 development of all national parkways that may be proposed for
  1 18 development in Iowa, with any agency or department of the
  1 19 government of the United States in which is vested the
  1 20 necessary authority to construct or otherwise develop such
  1 21 national parkways.  Whenever authority shall exist for the
  1 22 planning and development of any national parkway, of which any
  1 23 portion shall be located in the state of Iowa, it shall be the
  1 24 duty of the state transportation commission to make such
  1 25 investigations and studies in co-operation with the
  1 26 appropriate federal agency, and such state boards, commissions
  1 27 and departments as shall have an interest in such parkway
  1 28 development, to the extent that shall be desirable and
  1 29 necessary in order to provide that the state shall secure all
  1 30 advantages that may accrue through such parkway development
  1 31 and that the interests of the counties, cities and villages
  1 32 along the route shall be served.
  1 33    Sec. 2.  Section 331.602, subsection 11, Code 1997, is
  1 34 amended to read as follows:
  1 35    11.  Issue Collect migratory waterfowl stamps game bird
  2  1 fees as provided in chapter 484A.
  2  2    Sec. 3.  Section 331.605, subsection 2, paragraph a, Code
  2  3 l997, is amended to read as follows:
  2  4    a.  The fees specified in section 483A.1.  The recorder may
  2  5 designate depositaries to issue the licenses and collect the
  2  6 appropriate fees as provided in section 483A.11.
  2  7    Sec. 4.  Section 331.605, subsection 3, Code 1997, is
  2  8 amended to read as follows:
  2  9    3.  For the issuance of a state migratory waterfowl stamp,
  2 10 a A state migratory game bird fee as provided in section
  2 11 484A.3.
  2 12    Sec. 5.  Section 483A.1, Code l997, is amended by striking
  2 13 the section and inserting in lieu thereof the following:
  2 14    483A.1  LICENSES – FEES.
  2 15    Except as otherwise provided in this chapter, a person
  2 16 shall not fish, trap, hunt, pursue, catch, kill, take in any
  2 17 manner, use, have possession of, sell, or transport all or a
  2 18 part of any wild animal, bird, game, or fish, the protection
  2 19 and regulation of which is desirable for the conservation of
  2 20 resources of the state, without first obtaining a license for
  2 21 that purpose and the payment of a fee as follows:  
  2 22    1.  Residents:
  2 23    a.  Fishing license, seasonal, individual ............ $ 10.50
  2 24    b.  Fishing license, seasonal, husband and wife ...... $ 20.50
  2 25    c.  Hunting license .................................. $ 12.50
  2 26    d.  Deer hunting license ............................. $ 25.50
  2 27    e.  Wild turkey hunting license ...................... $ 22.50
  2 28    f.  Fur harvester license, sixteen years or older .... $ 20.50
  2 29    g.  Fur harvester license, under sixteen 
  2 30 years of age ............................................ $  5.50
  2 31    h.  Fur dealer license ............................... $225.50
  2 32    i.  Aquaculture unit license ......................... $ 25.50
  2 33    j.  Bait dealer license .............................. $ 30.50
  2 34    2.  Nonresidents:
  2 35    a.  Fishing license, seasonal ........................ $ 22.50
  3  1    b.  Hunting license, eighteen years of age or older .. $ 60.50
  3  2    c.  Hunting license, under eighteen years of age ..... $ 25.50
  3  3    d.  Deer hunting license ............................. $150.50
  3  4    e.  Wild turkey hunting license ...................... $ 75.50
  3  5    f.  Fur harvester license ............................ $180.50
  3  6    g.  Fur dealer license ............................... $500.50
  3  7    h.  Location permit for fur dealers .................. $ 55.50
  3  8    i.  Aquaculture unit license ......................... $ 50.50
  3  9    j.  Bait dealer license .............................. $ 60.50
  3 10    3.  Residents and Nonresidents:
  3 11    a.  Fishing, seven-day license ....................... $  8.50
  3 12    b.  Trout fishing fee ................................ $ 10.50
  3 13    c.  Game breeder license ............................. $ 15.50
  3 14    d.  Taxidermy license ................................ $ 15.50
  3 15    e.  Falconry license ................................. $ 20.50
  3 16    f.  Nongame support fee .............................. $  5.00
  3 17    g.  Wildlife habitat fee ............................. $  5.50
  3 18    h.  Migratory game bird fee .......................... $  5.50
  3 19    Sec. 6.  Section 483A.3, Code l997, is amended to read as
  3 20 follows:
  3 21    483A.3  WILDLIFE HABITAT STAMP FEE.
  3 22    1.  A resident or nonresident person required to have a
  3 23 hunting, or fur harvester, or fur, fish, and game license
  3 24 shall not hunt or trap unless the person carries a valid has
  3 25 paid the wildlife habitat stamp signed in ink with the
  3 26 person's signature across the face of the stamp fee.  This
  3 27 section shall not apply to residents who have permanent
  3 28 disabilities or who are younger than sixteen or older than
  3 29 sixty-five years of age.  Special wildlife Wildlife habitat
  3 30 stamps fees shall be administered in the same manner as
  3 31 hunting and fur harvester licenses except all revenue derived
  3 32 from the sale of the wildlife habitat stamps fees shall be
  3 33 used within the state of Iowa for habitat development and
  3 34 shall be deposited in the state fish and game protection fund,
  3 35 except as provided in subsection 2.  The revenue may be used
  4  1 for the matching of federal funds.  The revenues and any
  4  2 matched federal funds shall be used for acquisition of land,
  4  3 leasing of land, or obtaining of easements from willing
  4  4 sellers for use as wildlife habitats.  Notwithstanding the
  4  5 exemption provided by section 427.1, any land acquired with
  4  6 the revenues and matched federal funds shall be subject to the
  4  7 full consolidated levy of property taxes which shall be paid
  4  8 from those revenues.  In addition such the revenue may be used
  4  9 for the development and enhancement of wildlife lands and
  4 10 habitat areas.  Not less than fifty percent of all revenue
  4 11 from the sale of wildlife habitat stamps fees shall be used by
  4 12 the commission to enter into agreements with county
  4 13 conservation boards or other public agencies in order to carry
  4 14 out the purposes of this section.  The state share of funding
  4 15 of those agreements provided by the revenue from the sale of
  4 16 wildlife habitat stamps fees shall not exceed seventy-five
  4 17 percent.
  4 18    2.  Up to sixty percent of the revenues from the sale of
  4 19 wildlife habitat stamps fees which are not required under
  4 20 subsection 1 to be used by the commission to enter into
  4 21 agreements with county conservation boards or other public
  4 22 agencies may be credited to the wildlife habitat bond fund as
  4 23 provided in section 483A.53.
  4 24    Sec. 7.  Section 483A.5, Code l997, is amended to read as
  4 25 follows:
  4 26    483A.5  LICENSE FOR FUR-BEARING ANIMALS.
  4 27    A fur harvester license or fur, fish and game license is
  4 28 required to hunt and to trap any fur-bearing animal.  A
  4 29 hunting license is not required when hunting furbearers with a
  4 30 fur harvester license.  However, coyote and groundhog may be
  4 31 hunted with a hunting, or a fur harvester or a fur, fish and
  4 32 game license.
  4 33    Sec. 8.  Section 483A.6, Code l997, is amended to read as
  4 34 follows:
  4 35    483A.6  TROUT LICENSE STAMP FISHING FEE.
  5  1    Any person required to have a fishing license shall not
  5  2 possess trout unless that person has at that time on the
  5  3 person an unexpired special trout license stamp validated by
  5  4 that person's signature written across the face of the stamp
  5  5 in ink, a receipt, or other evidence showing that such paid
  5  6 the trout was lawfully acquired fishing fee.  The proceeds
  5  7 from the sale of this stamp fee shall be used exclusively to
  5  8 restock for the trout waters program designated by the
  5  9 commission.  The commission may grant a permit to a community
  5 10 event in which trout will be stocked in water which is not
  5 11 designated trout water and a person may catch and possess
  5 12 trout during the period and from the water covered by the
  5 13 permit without having a special paid the trout license stamp
  5 14 fishing fee.
  5 15    Sec. 9.  Section 483A.7, subsections 1 and 3, Code 1997,
  5 16 are amended to read as follows:
  5 17    1.  A resident hunting wild turkey who is required to have
  5 18 a license must have a resident hunting license or combined
  5 19 hunting and fishing license or fur, fish and game license and
  5 20 a wildlife habitat stamp in addition to the wild turkey
  5 21 hunting license and must pay the wildlife habitat fee.
  5 22    3.  A nonresident wild turkey hunter is required to have
  5 23 only a nonresident wild turkey hunting license and a pay the
  5 24 wildlife habitat stamp fee.  The commission shall annually
  5 25 limit to two thousand licenses the number of nonresidents
  5 26 allowed to have wild turkey hunting licenses.  The number of
  5 27 nonresident wild turkey hunting licenses shall be determined
  5 28 as provided in section 481A.38.  The commission shall allocate
  5 29 the nonresident wild turkey hunting licenses issued among the
  5 30 zones based on the populations of wild turkey.  A nonresident
  5 31 applying for a wild turkey hunting license must exhibit proof
  5 32 of having successfully completed a hunter safety and ethics
  5 33 education program as provided in section 483A.27 or its
  5 34 equivalent as determined by the department before the license
  5 35 is issued.
  6  1    Sec. 10.  Section 483A.8, subsections 1 and 3, Code 1997,
  6  2 are amended to read as follows:
  6  3    1.  A resident hunting deer who is required to have a
  6  4 hunting license must have a resident hunting license or
  6  5 resident combined hunting and fishing license or a fur, fish
  6  6 and game license and a wildlife habitat stamp in addition to
  6  7 the deer hunting license and must pay the wildlife habitat
  6  8 fee.
  6  9    3.  A nonresident deer hunter is required to have only a
  6 10 nonresident deer license and a wildlife habitat stamp.  The
  6 11 commission shall annually limit to five thousand licenses the
  6 12 number of nonresidents allowed to have deer hunting licenses.
  6 13 The number of nonresident deer hunting licenses shall be
  6 14 determined as provided in section 481A.38.  The commission
  6 15 shall allocate the nonresident deer hunting licenses issued
  6 16 among the zones based on the populations of deer.  However, a
  6 17 nonresident applicant may request one or more hunting zones,
  6 18 in order of preference, in which the applicant wishes to hunt.
  6 19 If the request cannot be fulfilled, the applicable fees shall
  6 20 be returned to the applicant.  A nonresident applying for a
  6 21 deer hunting license must exhibit proof of having successfully
  6 22 completed a hunter safety and ethics education program as
  6 23 provided in section 483A.27 or its equivalent as determined by
  6 24 the department before the license is issued.
  6 25    Sec. 11.  Section 483A.9, Code 1997, is amended to read as
  6 26 follows:
  6 27    483A.9  BLANKS.
  6 28    The director shall provide blanks for, and determine in
  6 29 addition to the following requirements, the method, means, and
  6 30 requirements of issuing licenses including the issuance of
  6 31 licenses by electronic means.
  6 32    Sec. 12.  Section 483A.10, Code 1997, is amended by
  6 33 striking the section and inserting in lieu thereof the
  6 34 following:
  6 35    483A.10  ISSUANCE OF LICENSES.
  7  1    The licenses issued pursuant to this chapter shall be
  7  2 issued by the department, the county recorders, or the license
  7  3 depositaries as specified by rules of the commission.  The
  7  4 rules shall include the application procedures as necessary.
  7  5 The licenses shall show the cost of the license and the
  7  6 writing fee.
  7  7    Sec. 13.  Section 483A.11, Code 1997, is amended to read as
  7  8 follows:
  7  9    483A.11  DEPOSITARIES – BOND.
  7 10    The county recorder may designate various depositaries for
  7 11 the sale of such licenses other than the office of the county
  7 12 recorder.  The director may designate depositaries other than
  7 13 those designated by the recorders of the various counties for
  7 14 the sale of licenses but in so doing the interest of the state
  7 15 shall be fully protected either by a sufficient cash deposit
  7 16 or a satisfactory bond.
  7 17    Sec. 14.  Section 483A.12, Code 1997, is amended to read as
  7 18 follows:
  7 19    483A.12  FEES.
  7 20    The county recorder shall be responsible for all fees for
  7 21 the issuance of hunting, and fishing, and fur harvester
  7 22 licenses sold through the recorder's office, or issued through
  7 23 the recorder's office and sold by others.  All unused license
  7 24 blanks shall be surrendered to the county recorder upon the
  7 25 recorder's demand.
  7 26    Depositaries designated by the county recorder or the
  7 27 director shall retain twenty-five cents from the sale of each
  7 28 license for the service rendered in issuing the license.  The
  7 29 county recorder shall retain a writing fee of fifty cents from
  7 30 the sale of each license sold by the county recorder's office
  7 31 and a writing fee of twenty-five cents from the sale of each
  7 32 license sold by a depositary designated by the county
  7 33 recorder.  The writing fees retained by the county recorder
  7 34 shall be deposited in the general fund of the county.  A
  7 35 depositary and county recorder shall not retain any amount
  8  1 from the sale of trout stamps, habitat stamps, and waterfowl
  8  2 stamps.  A license depositary designated by the director shall
  8  3 retain a writing fee of fifty cents from each license sold by
  8  4 the depositary.
  8  5    Sec. 15.  Section 483A.14, Code 1997, is amended to read as
  8  6 follows:
  8  7    483A.14  DUPLICATE LICENSES AND PERMITS.
  8  8    Whenever When any license, certificate, or permit, for
  8  9 which a fee has been set, has been lost, destroyed, or stolen,
  8 10 the director, or the county recorder where the license was
  8 11 issued in the first instance, or the license depositary, may
  8 12 issue a certificate to replace said replacement license, if
  8 13 written evidence is filed with either director or recorder, in
  8 14 affidavit form, by the person to whom the original was issued,
  8 15 setting forth the circumstances available to demonstrate
  8 16 issuance of the original license and accompanied by a fee of
  8 17 one dollar two dollars is paid, said fee to be kept by the
  8 18 county recorder for the use of the county, if issued by the
  8 19 county recorder, and placed in the fish and game protection
  8 20 fund if issued by the director.  If, on examination of the
  8 21 evidence, the director, or the recorder, or the license
  8 22 depositary as the case may be, is satisfied that said the
  8 23 license has been lost, destroyed, or stolen, the director, or
  8 24 the recorder, or the license depositary shall issue a
  8 25 duplicate license which shall be plainly marked "duplicate"
  8 26 and said the duplicate shall serve in lieu of the original
  8 27 license and it shall contain the same information and
  8 28 signature as the original.
  8 29    Sec. 16.  Section 483A.15, Code l997, is amended by
  8 30 striking the section and inserting in lieu thereof the
  8 31 following:
  8 32    483A.15  ACCOUNTING.
  8 33    The director shall establish, by rule, specific
  8 34 requirements for remittance of funds, and the necessary
  8 35 accounting and reporting for all types of licenses issued
  9  1 based on the manner and location of the issuance.
  9  2    Sec. 17.  NEW SECTION.  483A.22A  SALE OF LICENSE LISTS.
  9  3    The department may establish, by rule, fees for lists of
  9  4 licensees.  Notwithstanding section 22.3, the fee for a list
  9  5 of licensees may exceed the cost of preparing the list and
  9  6 providing the copying service.
  9  7    Sec. 18.  Section 483A.24, subsection 3, 4, and 5, Code
  9  8 1997, are amended to read as follows:
  9  9    3.  The director shall provide up to twenty-five
  9 10 nonresident deer hunting licenses for allocation as requested
  9 11 by a majority of a committee consisting of the majority leader
  9 12 of the senate, speaker of the house of representatives, and
  9 13 director of the department of economic development, or their
  9 14 designees.  The licenses provided pursuant to the subsection
  9 15 shall be in addition to the number of nonresident licenses
  9 16 authorized pursuant to section 483A.8.  The purpose of the
  9 17 special nonresident licenses is to allow state officials and
  9 18 local development groups to promote the state and its natural
  9 19 resources to nonresident guests and dignitaries.  Photographs,
  9 20 videotapes, or any other form of media resulting from the
  9 21 hunting visitation shall not be used for political campaign
  9 22 purposes.  The nonresident licenses shall be issued without
  9 23 application upon payment of the nonresident deer hunting
  9 24 license fee and the wildlife habitat stamp fee.  The licenses
  9 25 are valid in all zones open to deer hunting.  The hunter
  9 26 safety and ethics education certificate requirement pursuant
  9 27 to section 483A.27 is waived for a nonresident issued a
  9 28 license pursuant to this subsection.
  9 29    4.  The director shall provide up to twenty-five
  9 30 nonresident wild turkey hunting licenses for allocation as
  9 31 requested by a majority of a committee consisting of the
  9 32 majority leader of the senate, speaker of the house of
  9 33 representatives, and director of the department of economic
  9 34 development, or their designees.  The licenses provided
  9 35 pursuant to the subsection shall be in addition to the number
 10  1 of nonresident licenses authorized pursuant to section 483A.7.
 10  2 The purpose of the special nonresident licenses is to allow
 10  3 state officials and local development groups to promote the
 10  4 state and its natural resources to nonresident guests and
 10  5 dignitaries.  Photographs, videotapes, or any other form of
 10  6 media resulting from the hunting visitation shall not be used
 10  7 for political campaign purposes.  The nonresident licenses
 10  8 shall be issued without application upon payment of the
 10  9 nonresident wild turkey hunting license fee and the wildlife
 10 10 habitat stamp fee.  The licenses are valid in all zones open
 10 11 to wild turkey hunting.  The hunter safety and ethics
 10 12 education certificate requirement pursuant to section 483A.27
 10 13 is waived for a nonresident issued a license pursuant to this
 10 14 subsection.
 10 15    5.  A resident of the state under sixteen years of age or a
 10 16 nonresident of the state under fourteen years of age is not
 10 17 required to have a license to fish in the waters of the state.
 10 18 However, residents under sixteen years of age and nonresidents
 10 19 under fourteen years of age must possess a valid pay the trout
 10 20 stamp fishing fee to possess trout or they must fish for trout
 10 21 with a licensed adult who possesses a valid has paid the trout
 10 22 stamp fishing fee and limit their combined catch to the daily
 10 23 limit established by the commission.
 10 24    Sec. 19.  Section 484A.1, subsection 2, Code l997, is
 10 25 amended by striking the subsection and inserting in lieu
 10 26 thereof the following:
 10 27    2.  "Migratory game bird" means any wild goose, brant, wild
 10 28 duck, snipe, rail, woodcock, or coot.
 10 29    Sec. 20.  Section 484A.1, subsection 3, Code l997, is
 10 30 amended by striking the subsection.
 10 31    Sec. 21.  Section 484A.2, Code l997, is amended to read as
 10 32 follows:
 10 33    484A.2  STAMP FEE REQUIRED.
 10 34    No A person sixteen years of age or older shall not hunt or
 10 35 take any migratory waterfowl game bird within this state
 11  1 without first procuring paying a state migratory waterfowl
 11  2 stamp and having such stamp in the person's possession while
 11  3 hunting or taking any migratory waterfowl game bird fee.  Each
 11  4 stamp shall be validated by the signature of the licensee
 11  5 written across the face of such stamp.  The commission shall
 11  6 determine the form of the stamp and shall furnish the stamps
 11  7 to the county recorders and their designated depositaries for
 11  8 issuance or sale in the same manner as hunting licenses are
 11  9 issued or sold under chapter 483A means and method of
 11 10 collecting the migratory game bird fees.
 11 11    Sec. 22.  Section 484A.4, unnumbered paragraph 1, Code
 11 12 l997, is amended to read as follows:
 11 13    All revenue generated from the migratory game bird fee
 11 14 shall be used for projects approved by the commission for the
 11 15 purpose of protecting and propagating migratory waterfowl game
 11 16 birds and for the acquisition, development, restoration,
 11 17 maintenance or preservation of wetlands, except for that part
 11 18 which is specified by the commission for use in paying
 11 19 administrative expenses as provided in section 456A.17.
 11 20    Sec. 23.  Section 484B.10, subsection 2, Code 1997, is
 11 21 amended to read as follows:
 11 22    2.  Waterfowl shall not be shot over any area where pen-
 11 23 reared mallards may serve as live decoys for wild waterfowl.
 11 24 All persons hunting game birds or ungulates upon a licensed
 11 25 hunting preserve shall secure a hunting license to do so in
 11 26 accordance with the game laws of Iowa, with the exception that
 11 27 an unlicensed person may secure an annual hunting preserve
 11 28 license restricted to hunting preserves only for a license fee
 11 29 of five dollars.  A wildlife habitat stamp shall be required
 11 30 of all All persons who hunt on hunting preserves shall pay the
 11 31 wildlife habitat fee.
 11 32    Sec. 24.  REPEALER.  Sections 483A.16, 483A.30, and 484A.3,
 11 33 Code l997, are repealed.
 11 34    Sec. 25.  EFFECTIVE AND APPLICABILITY DATES.  This Act
 11 35 takes effect December 15, l997, and applies to licenses and
 12  1 fees for hunting, fishing, fur harvesting, and related
 12  2 wildlife and game activities for the calendar year beginning
 12  3 January 1, l998.  
 12  4                           EXPLANATION
 12  5    This bill amends chapters 331, 483A, and 484A to
 12  6 accommodate the issuance of licenses and collection of fees
 12  7 for hunting, fishing, fur harvesting, and related wildlife and
 12  8 game activities by the use of electronic means.
 12  9    The fees for licenses currently issued by the department of
 12 10 natural resources are increased by 50 cents to provide a
 12 11 writing fee.  A new husband and wife seasonal fishing license
 12 12 for residents is added for an annual fee of $20.50.  A general
 12 13 hunting license for nonresidents under 18 years of age is
 12 14 added for an annual fee of $25.50.  The bill also increases
 12 15 the fees for nonresident deer hunting licenses from $110 to
 12 16 $150.50; nonresident wild turkey licenses from $55.00 to
 12 17 $75.50; and nonresident fur harvester licenses from $175.50 to
 12 18 $180.50.
 12 19    The combined hunting and fishing license for residents and
 12 20 the combined hunting, fishing, and fur harvesting license for
 12 21 residents are eliminated.
 12 22    The bill provides that the natural resource commission will
 12 23 determine which licenses will be issued by the department, the
 12 24 county recorder and the license depositaries.  The director of
 12 25 the department of natural resources designates the license
 12 26 depositaries.  Under current law, the county recorders select
 12 27 the license depositaries.
 12 28    This bill also changes the wildlife habitat stamp to a
 12 29 wildlife habitat fee, the trout stamp to a trout fishing fee,
 12 30 and the migratory waterfowl stamp to a migratory game bird fee
 12 31 to facilitate the use of electronic means to issue licenses.
 12 32 The bill also amends sections to provide for application
 12 33 procedures and replacement procedures for licenses.
 12 34    The bill strikes section 483A.30 which requires fees from
 12 35 nonresident deer hunting licenses and nonresident wild turkey
 13  1 hunting licenses to be used to employ additional conservation
 13  2 officers.  Section 483A.16 relating to issuing duplicate
 13  3 licenses and section 484A.3 relating to the migratory
 13  4 waterfowl stamp are also repealed.
 13  5    There are also corresponding amendments to change
 13  6 references from migratory waterfowl to migratory game birds
 13  7 and trout stamp to trout fishing fee.
 13  8    The bill takes effect December 15, l997, and applies to
 13  9 licenses sold for the calendar year beginning January 1, 1998.  
 13 10 LSB 1280DP 77
 13 11 tj/jj/8
     

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