Text: S03203 Text: S03205 Text: S03200 - S03299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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 22tenfifty 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 shallconduct a drawing to3 29determine which applicants shall receive a license and3 30the type of licenseadopt rules governing the 3 31 issuances of the licenses.Applications for licenses3 32shall be received during a period established by the3 33commission. At the end of the period a drawing shall3 34be conducted. The commission may establish rules to3 35issue licenses after the established application3 36period. If an applicant receives a deer license which3 37is more restrictive than licenses issued to others for3 38the same period and place, the applicant shall receive3 39a certificate with the license entitling the applicant3 40to priority in the drawing for the less restrictive3 41deer licenses the following year. The certificate3 42must accompany that person's application the following3 43year, or the applicant will not receive this priority.3 44Persons purchasing a deer license for the gun season3 45under this section and under section 483A.1 are not3 46eligible for a gun deer-hunting license under section3 47483A.24, except as authorized by rules of the3 48department. This subsection does not apply to the3 49hunting of wild turkey on a hunting preserve licensed3 50under 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 commission4 24shall annually limit to two thousand licenses the4 25number of nonresidents allowed to have wild turkey4 26hunting 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 to4 46seven thousand five hundred licenses the number of4 47nonresidents allowed to have deer hunting licenses.4 48Of the first six thousand nonresident deer licenses4 49issued, not more than thirty-five percent of the4 50licenses shall be bow season licenses and, after the5 1first six thousand nonresident deer licenses have been5 2issued, all additional licenses shall be issued for5 3antlerless 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 istenfifty 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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