Text: S03203                            Text: S03205
Text: S03200 - S03299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 3204

Amendment Text

PAG LIN
  1  1    Amend House File 696, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  Section 137D.9, Code 1999, is amended
  1  6 to read as follows:
  1  7    137D.9  EXEMPTION.
  1  8    This chapter shall not apply to a home food
  1  9 establishment having gross annual sales of prepared
  1 10 food including jams and jellies of one thousand
  1 11 dollars or less, if the person who prepares the food
  1 12 sells or offers to sell the food on or off the
  1 13 premises of the home food establishment and if the
  1 14 food is labeled to identify the name and address of
  1 15 the person preparing the food and the common name of
  1 16 the food, and to state that the food is prepared in a
  1 17 kitchen that is not subject to state inspection,
  1 18 regulation, or licensure.
  1 19    Sec.    .  Section 137F.2, Code 1999, is amended by
  1 20 adding the following new subsection:
  1 21    NEW SUBSECTION.  12.  3-201.16(B) shall be amended
  1 22 to exclude wild morel mushrooms.
  1 23    Sec.    .  Section 137F.2, Code 1999, is amended by
  1 24 adding the following new subsection:
  1 25    NEW SUBSECTION.  13.  3-501.17 shall be amended to
  1 26 provide that paragraphs (C) and (D) shall not apply to
  1 27 aged cheese."
  1 28    #2.  Page 1, by striking lines 5 through 7 and
  1 29 inserting the following:  "thousand board feet or
  1 30 more, the board shall conduct a".
  1 31    #   .  Page 1, by inserting after line 11 the
  1 32 following:
  1 33    "Sec.    .  NEW SECTION.  455B.189  DISCHARGE POINT
  1 34 SIGNS.
  1 35    1.  A person holding an Iowa national pollutant
  1 36 discharge elimination system permit issued by the
  1 37 department shall post or erect a conspicuous and
  1 38 legible sign of not less than eighteen inches by
  1 39 twenty-four inches at all discharge points to surface
  1 40 waters, except for any site where the discharge is
  1 41 composed exclusively of storm water runoff.  The sign
  1 42 shall include all of the following information:
  1 43    a.  A statement containing the words "Iowa state
  1 44 permitted discharge point permit no. (insert permit
  1 45 number).  For information on this discharge you can
  1 46 contact:".
  1 47    b.  The Iowa national pollutant discharge
  1 48 elimination system permit number issued by the
  1 49 department.
  1 50    c.  The name and telephone number of the permit
  2  1 holder which shall be the business office repository
  2  2 of the permit holder.
  2  3    2.  A permit holder shall provide for public review
  2  4 at the business office repository of the permit holder
  2  5 or at the off-premises location of the permit holder's
  2  6 choice all discharge monitoring records prepared by
  2  7 the permit holder to demonstrate compliance with the
  2  8 Iowa national pollutant discharge elimination system
  2  9 permit conditions.  A copy of all discharge monitoring
  2 10 records shall be placed on file at such location at
  2 11 the same time the records are sent to the department.
  2 12 This information shall be kept on file for the period
  2 13 during which the permit is effective.
  2 14    3.  The department shall, as part of the terms and
  2 15 conditions of a permit, establish the actual
  2 16 appearance and location of the sign on the property of
  2 17 the permit holder which shall be in as close proximity
  2 18 to the point of discharge into the surface water as is
  2 19 reasonably possible while ensuring the maximum
  2 20 visibility from the surface water and shore.
  2 21    4.  The permit holder shall periodically and
  2 22 reasonably maintain the sign to ensure that the sign
  2 23 is still legible, visible, and factually correct.  A
  2 24 good faith documented effort by a permit holder to
  2 25 maintain the sign is an affirmative defense in any
  2 26 action relating to the unauthorized absence of a sign.
  2 27    5.  The department may waive all or part of the
  2 28 requirements of this section if the department
  2 29 determines any of the following circumstances exist:
  2 30    a.  The sign cannot be reasonably maintained.
  2 31    b.  The sign would be inconsistent with the
  2 32 provisions of another statute.
  2 33    c.  The sign could not be located in a manner which
  2 34 serves a public purpose.
  2 35    d.  The nature of the discharge is temporary and of
  2 36 a relatively short duration.
  2 37    e.  The discharge is not a major, significant
  2 38 discharge.
  2 39    6.  A person violating a provision of this section
  2 40 is subject to a civil penalty of not more than one
  2 41 hundred dollars per day for each day such violation
  2 42 continues.
  2 43    Sec.    .  Section 455B.191, subsection 1, Code
  2 44 1999, is amended to read as follows:
  2 45    1.  Any person who violates any provision of part 1
  2 46 of division III of this chapter or any permit, rule,
  2 47 standard, or order issued under part 1 of division III
  2 48 of this chapter shall be subject to a civil penalty
  2 49 not to exceed five thousand dollars for each day of
  2 50 such violation.  This section shall not apply to
  3  1 violations of section 455B.189 or any permit, rule, or
  3  2 standard issued under section 455B.189."
  3  3    #3.  Page 1, by inserting after line 11 the
  3  4 following:
  3  5    "Sec.    .  Section 481A.32, unnumbered paragraph
  3  6 1, Code 1999, is amended to read as follows:
  3  7    Whoever shall take, catch, kill, injure, destroy,
  3  8 have in possession, buy, sell, ship, or transport any
  3  9 frogs, fish, mussels, birds, their nests, eggs, or
  3 10 plumage, fowls, game, or animals or their fur or raw
  3 11 pelt in violation of the provisions of this chapter or
  3 12 of administrative rules of the commission or whoever
  3 13 shall use any device, equipment, seine, trap, net,
  3 14 tackle, firearm, drug, poison, explosive, or other
  3 15 substance or means, the use of which is prohibited by
  3 16 this chapter, or use the same at a time, place, or in
  3 17 a manner or for a purpose prohibited, or do any other
  3 18 act in violation of the provisions of this chapter or
  3 19 of administrative rules of the commission for which no
  3 20 other punishment is provided, is guilty of a simple
  3 21 misdemeanor and shall be assessed a minimum fine of
  3 22 ten fifty dollars for each offense.
  3 23    Sec.    .  Section 481A.38, subsection 2, Code
  3 24 1999, is amended to read as follows:
  3 25    2.  If the commission finds that the number of
  3 26 hunters licensed or the type of license issued to take
  3 27 deer or wild turkey should be limited or further
  3 28 regulated, the commission shall conduct a drawing to
  3 29 determine which applicants shall receive a license and
  3 30 the type of license adopt rules governing the
  3 31 issuances of the licenses.  Applications for licenses
  3 32 shall be received during a period established by the
  3 33 commission.  At the end of the period a drawing shall
  3 34 be conducted.  The commission may establish rules to
  3 35 issue licenses after the established application
  3 36 period.  If an applicant receives a deer license which
  3 37 is more restrictive than licenses issued to others for
  3 38 the same period and place, the applicant shall receive
  3 39 a certificate with the license entitling the applicant
  3 40 to priority in the drawing for the less restrictive
  3 41 deer licenses the following year.  The certificate
  3 42 must accompany that person's application the following
  3 43 year, or the applicant will not receive this priority.
  3 44 Persons purchasing a deer license for the gun season
  3 45 under this section and under section 483A.1 are not
  3 46 eligible for a gun deer-hunting license under section
  3 47 483A.24, except as authorized by rules of the
  3 48 department.  This subsection does not apply to the
  3 49 hunting of wild turkey on a hunting preserve licensed
  3 50 under chapter 484B.
  4  1    Sec.    .  Section 481A.57, Code 1999, is amended
  4  2 to read as follows:
  4  3    481A.57  POSSESSION AND STORAGE.
  4  4    A person having lawful possession of game or fur-
  4  5 bearing animals or their pelts, except deer venison,
  4  6 may hold them for not to exceed thirty days after the
  4  7 close of the open season for such game or furbearers.
  4  8 A person having lawful possession of deer venison
  4  9 which is taken with a valid deer hunting license, may
  4 10 hold the deer venison from the date of taking until
  4 11 the following September 1.  From September 1 until the
  4 12 first day of the next deer open season for which the
  4 13 person holds a valid deer hunting license, the person
  4 14 shall not possess more than twenty-five pounds of deer
  4 15 venison per license.  Any person may possess up to
  4 16 twenty-five pounds of deer venison if the deer was
  4 17 obtained from a lawful source.  A permit to hold for a
  4 18 longer period may be granted by the department.
  4 19    Sec.    .  Section 483A.7, subsection 3, Code 1999,
  4 20 is amended to read as follows:
  4 21    3.  A nonresident wild turkey hunter is required to
  4 22 have only a nonresident wild turkey hunting license
  4 23 and pay the wildlife habitat fee.  The commission
  4 24 shall annually limit to two thousand licenses the
  4 25 number of nonresidents allowed to have wild turkey
  4 26 hunting licenses.  Upon application with proof of
  4 27 ownership of land in this state and payment of the
  4 28 applicable fees, the department shall issue a
  4 29 nonresident wild turkey license to the applicant to
  4 30 hunt on the applicant's land.  The number of
  4 31 nonresident wild turkey hunting licenses shall be
  4 32 determined as provided in section 481A.38.  The
  4 33 commission shall allocate the nonresident wild turkey
  4 34 hunting licenses issued among the zones based on the
  4 35 populations of wild turkey.  A nonresident applying
  4 36 for a wild turkey hunting license must exhibit proof
  4 37 of having successfully completed a hunter safety and
  4 38 ethics education program as provided in section
  4 39 483A.27 or its equivalent as determined by the
  4 40 department before the license is issued.
  4 41    Sec.    .  Section 483A.8, subsection 3, Code 1999,
  4 42 is amended to read as follows:
  4 43    3.  A nonresident hunting deer is required to have
  4 44 a nonresident deer license and must pay the wildlife
  4 45 habitat fee.  The commission shall annually limit to
  4 46 seven thousand five hundred licenses the number of
  4 47 nonresidents allowed to have deer hunting licenses.
  4 48 Of the first six thousand nonresident deer licenses
  4 49 issued, not more than thirty-five percent of the
  4 50 licenses shall be bow season licenses and, after the
  5  1 first six thousand nonresident deer licenses have been
  5  2 issued, all additional licenses shall be issued for
  5  3 antlerless deer only.  Upon application with proof of
  5  4 ownership of land in this state and payment of the
  5  5 applicable fees, the department shall issue a
  5  6 nonresident deer hunting license to the applicant to
  5  7 hunt on the applicant's land.  The number of
  5  8 nonresident deer hunting licenses shall be determined
  5  9 as provided in section 481A.38.  The commission shall
  5 10 allocate the nonresident deer hunting licenses issued
  5 11 among the zones based on the populations of deer.
  5 12 However, a nonresident applicant may request one or
  5 13 more hunting zones, in order of preference, in which
  5 14 the applicant wishes to hunt.  If the request cannot
  5 15 be fulfilled, the applicable fees shall be returned to
  5 16 the applicant.  A nonresident applying for a deer
  5 17 hunting license must exhibit proof of having
  5 18 successfully completed a hunter safety and ethics
  5 19 education program as provided in section 483A.27 or
  5 20 its equivalent as determined by the department before
  5 21 the license is issued.
  5 22    Sec.    .  Section 484B.4, subsection 2, paragraph
  5 23 c, Code 1999, is amended by striking the paragraph.
  5 24    Sec.    .  Section 805.8, subsection 5, paragraph
  5 25 e, Code 1999, is amended to read as follows:
  5 26    e.  For violations of sections 481A.57, 481A.85,
  5 27 481A.93, 481A.95, 481A.120, 481A.137, 481B.5, 482.3,
  5 28 and 482.9, the scheduled fine is one hundred dollars.
  5 29    Sec.    .  Section 805.8, subsection 5, paragraph
  5 30 g, subparagraph (3), Code 1999, is amended to read as
  5 31 follows:
  5 32    (3)  For mussels, frogs, spawn, or fish, the
  5 33 scheduled fine is ten fifty dollars.
  5 34    Sec.    .  EFFECTIVE DATE.  This Act, being deemed
  5 35 of immediate importance, takes effect upon enactment."
  5 36    #4.  Title page, by striking lines 1 and 2 and
  5 37 inserting the following:  "An Act relating to the
  5 38 protection and regulation of natural resources by
  5 39 exempting certain natural and processed food products
  5 40 from food code regulation, providing for the sale of
  5 41 timber, providing for the issuance and allocation of
  5 42 limited hunting licenses, removing a location
  5 43 requirement for licensed hunting preserves, regulating
  5 44 the possession of deer venison, requiring Iowa
  5 45 national pollutant discharge elimination system permit
  5 46 holders to post signs, providing for other properly
  5 47 related matters, increasing fines for violations of
  5 48 certain natural resource laws, providing a penalty,
  5 49 and providing an effective date." 
  5 50 
  6  1 
  6  2                               
  6  3 COMMITTEE ON NATURAL RESOURCES 
  6  4 AND ENVIRONMENT
  6  5 MERLIN E. BARTZ, Chairperson
  6  6 HF 696.703 78
  6  7 tj/sc
     

Text: S03203                            Text: S03205
Text: S03200 - S03299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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