Text: HF00734                           Text: HF00736
Text: HF00700 - HF00799                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 735

Partial Bill History

Bill Text

  1  1    Section 1.  Section 481A.38, subsection 2, Code 2001, is
  1  2 amended to read as follows:
  1  3    2.  If the commission finds that the number of hunters
  1  4 licensed or the type of license issued to take deer or wild
  1  5 turkey should be limited or further regulated, the commission
  1  6 shall conduct a drawing to determine which applicants shall
  1  7 receive a license and the type of license adopt procedures, by
  1  8 rule, for issuing the licenses.  Applications for licenses
  1  9 shall be received during a period established by the
  1 10 commission.  At the end of the period a drawing shall be
  1 11 conducted.  The commission may establish rules to issue
  1 12 licenses after the established application period.  If an
  1 13 applicant receives a deer license which is more restrictive
  1 14 than licenses issued to others for the same period and place,
  1 15 the applicant shall receive a certificate with the license
  1 16 entitling the applicant to priority in the drawing for the
  1 17 less restrictive deer licenses the following year.  The
  1 18 certificate must accompany that person's application the
  1 19 following year, or the applicant will not receive this
  1 20 priority.  Persons purchasing a deer license for the gun
  1 21 season under this section and under section 483A.1 are not
  1 22 eligible for a gun deer hunting license under section 483A.24,
  1 23 except as authorized by rules of the department.  This
  1 24 subsection does not apply to the hunting of wild turkey on a
  1 25 hunting preserve licensed under chapter 484B.
  1 26    Sec. 2.  Section 481A.38, subsection 3, Code 2001, is
  1 27 amended by striking the subsection.
  1 28    Sec. 3.  Section 483A.1A, Code 2001, is amended by adding
  1 29 the following new subsections:
  1 30    NEW SUBSECTION.  3A.  "License" means a privilege granted
  1 31 by the commission to fish, hunt, fur harvest, pursue, catch,
  1 32 kill, take in any manner, use, have possession of, sell, or
  1 33 transport all or part of a wild animal, bird, game, or fish,
  1 34 including any privilege related to a license granted by
  1 35 issuance of a stamp or a payment of a fee.
  2  1    NEW SUBSECTION.  3B.  "License agent" means an individual,
  2  2 business, or governmental agency authorized to sell a license.
  2  3    NEW SUBSECTION.  3C.  "License document" means an
  2  4 authorization, certificate, or permit issued by the department
  2  5 or a license agent that lists and confers one or more license
  2  6 privileges.
  2  7    Sec. 4.  Section 483A.7, subsection 2, Code 2001, is
  2  8 amended to read as follows:
  2  9    2.  The wild turkey hunting license shall be accompanied by
  2 10 a tag designed to be used only once and separable into two
  2 11 parts.  If a wild turkey is taken, the wild turkey shall be
  2 12 tagged with one part of the tag and both parts of the tag
  2 13 should shall be dated.
  2 14    Sec. 5.  Section 483A.8, subsection 2, Code 2001, is
  2 15 amended to read as follows:
  2 16    2.  The deer hunting license shall be accompanied by a tag
  2 17 designed to be used only once and separable into two parts.
  2 18 When a deer is taken, the deer shall be tagged with one part
  2 19 of the tag and both parts of the tag shall be dated.
  2 20    Sec. 6.  Section 483A.10, Code 2001, is amended to read as
  2 21 follows:
  2 22    483A.10  ISSUANCE OF LICENSES.
  2 23    The licenses issued pursuant to this chapter shall be
  2 24 issued by the department or the license depositaries agents as
  2 25 specified by rules of the commission.  A county recorder may
  2 26 issue licenses subject to the rules of the department
  2 27 commission.  The rules shall include the application
  2 28 procedures as necessary.  The licenses shall show the total
  2 29 cost of the license and the including a writing fee to be
  2 30 retained by the license agent and any administrative fees to
  2 31 be forwarded to the department, if applicable.  A person
  2 32 authorized to issue a license or collect a fee pursuant to
  2 33 this chapter or chapter 484A shall charge the fee specified in
  2 34 this chapter or chapter 484A only plus a writing fee and
  2 35 administrative fee, if applicable.
  3  1    Sec. 7.  Section 483A.11, Code 2001, is amended to read as
  3  2 follows:
  3  4    The director may designate depositaries license agents for
  3  5 the sale of licenses but in so doing the interest of the state
  3  6 shall be fully protected.
  3  7    Sec. 8.  Section 483A.12, Code 2001, is amended to read as
  3  8 follows:
  3  9    483A.12  FEES.
  3 10    The county recorder license agent shall be responsible for
  3 11 all fees for the issuance of hunting, fishing, and fur
  3 12 harvester licenses sold through the recorder's office by the
  3 13 license agent.  All unused license blanks shall be surrendered
  3 14 to the county recorder department upon the recorder's
  3 15 department's demand.
  3 16    The county recorder shall retain a writing fee of fifty
  3 17 cents from the sale of each license sold by the county
  3 18 recorder's office.  The writing fees retained by the county
  3 19 recorder shall be deposited in the general fund of the county.
  3 20 A license depositary designated by the director agent shall
  3 21 retain a writing fee of fifty cents from the sale of each
  3 22 license sold by the depositary except that the writing fee for
  3 23 a free deer or wild turkey license as authorized under section
  3 24 483A.24, subsection 2, shall be one dollar.  A license
  3 25 depositary may charge and retain a writing fee of one dollar
  3 26 for the issuance of a free deer hunting license or a free wild
  3 27 turkey hunting license as authorized under section 483A.24,
  3 28 subsection 2.  If a county recorder is a license agent, the
  3 29 writing fees retained by the county recorder shall be
  3 30 deposited in the general fund of the county.
  3 31    Sec. 9.  Section 483A.13, Code 2001, is amended to read as
  3 32 follows:
  3 33    483A.13  LOST OR DESTROYED BLANKS.
  3 34    When license blanks in the possession of the county
  3 35 recorder or depositaries a license agent are accidentally
  4  1 destroyed, the holder of such the blanks shall only be
  4  2 relieved from accountability upon the presentation of
  4  3 satisfactory explanation and the filing of a bond to the
  4  4 director that such the blanks have actually been so destroyed.
  4  5 The commission may determine by rule what shall constitute a
  4  6 satisfactory explanation of such the occurrence.
  4  7    Sec. 10.  Section 483A.14, Code 2001, is amended to read as
  4  8 follows:
  4 10    When any license, certificate, or permit, for which a fee
  4 11 has been set, has been lost, destroyed, or stolen, the
  4 12 director, the county recorder, or the a license depositary,
  4 13 agent may issue a replacement license, if evidence is
  4 14 available to demonstrate issuance of the original license and
  4 15 a fee of two dollars is paid, to be placed in the fish and
  4 16 game protection fund.  If, on examination of the evidence, the
  4 17 director, the recorder, or the license depositary agent, as
  4 18 the case may be, is satisfied that the license has been lost,
  4 19 destroyed, or stolen, the director, the recorder, or the
  4 20 license depositary agent shall issue a duplicate license which
  4 21 shall be plainly marked "duplicate" and the duplicate shall
  4 22 serve in lieu of the original license and it shall contain the
  4 23 same information and signature as the original.  The license
  4 24 depositary may agent shall charge and retain a writing fee of
  4 25 one dollar and the departmental administrative fee for each
  4 26 duplicate license issued pursuant to this section.  The
  4 27 license agent shall retain the writing fee.
  4 28    Sec. 11.  Section 483A.17, Code 2001, is amended to read as
  4 29 follow:
  4 30    483A.17  TENURE OF LICENSE.
  4 31    Every license, except lifetime hunting and fishing
  4 32 licenses, scientific collecting licenses, and falconry
  4 33 licenses, are as otherwise provided in this chapter, is valid
  4 34 from the date issued to January 10 of the succeeding calendar
  4 35 year for which it is issued.  A license shall not be issued
  5  1 prior to December 15 for the subsequent calendar year.
  5  2    Sec. 12.  Section 483A.19, Code 2001, is amended to read as
  5  3 follows:
  5  5    Every person shall, while fishing, hunting, or fur
  5  6 harvesting, show the person's license, certificate, or permit,
  5  7 document to any peace officer or the owner or person in lawful
  5  8 control of the land or water upon which licensee may be
  5  9 hunting, fishing, or fur harvesting when requested by the
  5 10 persons to do so.  Any failure to so carry or refusal to show
  5 11 or so exhibit the person's license, certificate, or permit
  5 12 document shall be a violation of this chapter.  However,
  5 13 except for possession and exhibition of deer licenses and tags
  5 14 or wild turkey licenses and tags, a person charged with
  5 15 violating this section shall not be convicted if the person
  5 16 produces in court, within a reasonable time, a license,
  5 17 certificate, or permit document for hunting, fishing, or fur
  5 18 harvesting issued to that person and valid when the person was
  5 19 charged with a violation of this section.
  5 20    Sec. 13.  Section 483A.21, unnumbered paragraphs 1 and 2,
  5 21 Code 2001, are amended to read as follows:
  5 22    Upon the conviction of a licensee of any violation of
  5 23 chapter 481A, or of this chapter, or of any administrative
  5 24 order adopted and published by the commission, the magistrate
  5 25 may, as a part of the judgment, revoke the one or more license
  5 26 privileges of the licensee, or suspend it the privileges for
  5 27 any definite period.
  5 28    The magistrate shall revoke the hunting license or suspend
  5 29 the privilege of procuring a hunting license for a period of
  5 30 one year of any person who has been convicted twice within a
  5 31 year of trespassing while hunting.  If any of the hunting
  5 32 license privileges of a hunting and fishing combined licensee
  5 33 who purchased more than one license are privilege is revoked,
  5 34 the fishing remaining license privileges of the license
  5 35 licensee shall still be valid and the magistrate shall enter
  6  1 on the license that document the hunting privileges are
  6  2 privilege that is revoked.  A person shall not purchase a
  6  3 license for a privilege that was revoked or suspended during
  6  4 the period of revocation or suspension.
  6  5    Sec. 14.  Section 483A.22, Code 2001, is amended to read as
  6  6 follows:
  6  7    483A.22  RECORD OF REVOCATION.
  6  8    Whenever When a license is revoked the date, and cause, and
  6  9 tenure of such revocation shall be noted on the stub retained
  6 10 by the county recorder and upon the duplicate on file in the
  6 11 office of the commission kept on file with the license records
  6 12 of the commission.  The commission may refuse the issuance of
  6 13 a new license to any person whose license has theretofore been
  6 14 revoked.
  6 15    Sec. 15.  Section 483A.24, subsection 5, Code 2001, is
  6 16 amended to read as follows:
  6 17    5.  A resident or nonresident of the state under sixteen
  6 18 years of age or a nonresident of the state under fourteen
  6 19 years of age is not required to have a license to fish in the
  6 20 waters of the state.  However, residents and nonresidents
  6 21 under sixteen years of age and nonresidents under fourteen
  6 22 years of age must pay the trout fishing fee to possess trout
  6 23 or they must fish for trout with a licensed adult who has paid
  6 24 the trout fishing fee and limit their combined catch to the
  6 25 daily limit established by the commission.  
  6 26                           EXPLANATION
  6 27    This bill amends Code section 481A.38 to eliminate the
  6 28 mandatory drawings for deer and wild turkey licenses which
  6 29 have limited quotas.  The bill also strikes a subsection which
  6 30 guarantees the issuance of a wild turkey license to landowners
  6 31 and tenants upon payment of the required fee.
  6 32    The bill also amends various provisions of Code chapter
  6 33 483A relating to the electronic licensing of hunters, fishers,
  6 34 and fur harvesters.  The terms "license", "license agent", and
  6 35 "license document" are defined.  A requirement that wild
  7  1 turkey and deer license tags be separable into two parts is
  7  2 stricken.  The department of natural resources is authorized
  7  3 to charge an administrative fee related to the issuance of
  7  4 hunting, fishing, and fur-harvesting licenses.  The director
  7  5 of the department of natural resources is authorized to
  7  6 designate license agents, which could include individuals,
  7  7 businesses, county recorders, or other governmental agencies.
  7  8 A number of coordinating amendments are included to apply the
  7  9 terms "license", "license agent", and "license document".  A
  7 10 license or license document may extend one or more privileges
  7 11 to the licensee and one or more of these license privileges
  7 12 may be suspended or revoked by a magistrate for violations.
  7 13 Code section 483A.24 is amended to provide that nonresident
  7 14 fishers under 16 years of age are not required to have a
  7 15 fishing license.  This is the same age requirement for
  7 16 resident fishers.  Both residents and nonresidents under 16
  7 17 years of age must pay the trout fee for trout fishing unless
  7 18 they are accompanied by an adult licensed for trout.  
  7 19 LSB 1156HZ 79
  7 20 tj/pj/5

Text: HF00734                           Text: HF00736
Text: HF00700 - HF00799                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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