Text: SF00406 Text: SF00408 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 407 1 2 1 3 AN ACT 1 4 RELATING TO THE REGULATORY AUTHORITY AND PROCEDURES OF THE 1 5 DEPARTMENT OF NATURAL RESOURCES BY PROVIDING FOR THE 1 6 ISSUANCE OF LIMITED QUOTA LICENSES AND THE ISSUANCE OF 1 7 LICENSES AND PERMITS BY ELECTRONIC MEANS. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 481A.38, subsection 2, Code 2001, is 1 12 amended to read as follows: 1 13 2. If the commission finds that the number of hunters 1 14 licensed or the type of license issued to take deer or wild 1 15 turkey should be limited or further regulated, the commission 1 16 shallconduct a drawing to determine which applicants shall1 17receive a license and the type of licenseadopt procedures, by 1 18 rule, for issuing the licenses.Applications for licenses1 19shall be received during a period established by the1 20commission. At the end of the period a drawing shall be1 21conducted. The commission may establish rules to issue1 22licenses after the established application period. If an1 23applicant receives a deer license which is more restrictive1 24than licenses issued to others for the same period and place,1 25the applicant shall receive a certificate with the license1 26entitling the applicant to priority in the drawing for the1 27less restrictive deer licenses the following year. The1 28certificate must accompany that person's application the1 29following year, or the applicant will not receive this1 30priority. Persons purchasing a deer license for the gun1 31season under this section and under section 483A.1 are not1 32eligible for a gun deer hunting license under section 483A.24,1 33except as authorized by rules of the department.This 1 34 subsection does not apply to the hunting of wild turkey on a 1 35 hunting preserve licensed under chapter 484B. 2 1 Sec. 2. Section 481A.38, subsection 3, Code 2001, is 2 2 amended by striking the subsection. 2 3 Sec. 3. Section 483A.1A, Code 2001, is amended by adding 2 4 the following new subsections: 2 5 NEW SUBSECTION. 3A. "License" means a privilege granted 2 6 by the commission to fish, hunt, fur harvest, pursue, catch, 2 7 kill, take in any manner, use, have possession of, sell, or 2 8 transport all or part of a wild animal, bird, game, or fish, 2 9 including any privilege related to a license granted by 2 10 issuance of a stamp or a payment of a fee. 2 11 NEW SUBSECTION. 3B. "License agent" means an individual, 2 12 business, or governmental agency authorized to sell a license. 2 13 NEW SUBSECTION. 3C. "License document" means an 2 14 authorization, certificate, or permit issued by the department 2 15 or a license agent that lists and confers one or more license 2 16 privileges. 2 17 Sec. 4. Section 483A.7, subsection 2, Code 2001, is 2 18 amended to read as follows: 2 19 2. The wild turkey hunting license shall be accompanied by 2 20 a tag designed to be used only onceand separable into two2 21parts. If a wild turkey is taken, the wild turkey shall be 2 22 taggedwith one part of the tagandboth parts ofthe tag 2 23shouldshall be dated. 2 24 Sec. 5. Section 483A.8, subsection 2, Code 2001, is 2 25 amended to read as follows: 2 26 2. The deer hunting license shall be accompanied by a tag 2 27 designed to be used only onceand separable into two parts. 2 28 When a deer is taken, the deer shall be taggedwith one part2 29of the tagandboth parts ofthe tag shall be dated. 2 30 Sec. 6. Section 483A.10, Code 2001, is amended to read as 2 31 follows: 2 32 483A.10 ISSUANCE OF LICENSES. 2 33 The licenses issued pursuant to this chapter shall be 2 34 issued by the department or the licensedepositariesagents as 2 35 specified by rules of the commission. A county recorder may 3 1 issue licenses subject to the rules of thedepartment3 2 commission. The rules shall include the application 3 3 procedures as necessary. The licenses shall show the total 3 4 cost of the licenseand theincluding a writing fee to be 3 5 retained by the license agent and any administrative fees to 3 6 be forwarded to the department, if applicable. A person 3 7 authorized to issue a license or collect a fee pursuant to 3 8 this chapter or chapter 484A shall charge the fee specified in 3 9 this chapter or chapter 484A only plus a writing fee and 3 10 administrative fee, if applicable. 3 11 Sec. 7. Section 483A.11, Code 2001, is amended to read as 3 12 follows: 3 13 483A.11DEPOSITARIESLICENSE AGENTS. 3 14 The director may designatedepositarieslicense agents for 3 15 the sale of licenses but in so doing the interest of the state 3 16 shall be fully protected. 3 17 Sec. 8. Section 483A.12, Code 2001, is amended to read as 3 18 follows: 3 19 483A.12 FEES. 3 20 Thecounty recorderlicense agent shall be responsible for 3 21 all fees for the issuance of hunting, fishing, and fur 3 22 harvester licenses soldthrough the recorder's officeby the 3 23 license agent. All unused license blanks shall be surrendered 3 24 to thecounty recorderdepartment upon therecorder's3 25 department's demand. 3 26The county recorder shall retain a writing fee of fifty3 27cents from the sale of each license sold by the county3 28recorder's office. The writing fees retained by the county3 29recorder shall be deposited in the general fund of the county.3 30 A licensedepositary designated by the directoragent shall 3 31 retain a writing fee of fifty cents from the sale of each 3 32 licensesold by the depositaryexcept that the writing fee for 3 33 a free deer or wild turkey license as authorized under section 3 34 483A.24, subsection 2, shall be one dollar.A license3 35depositary may charge and retain a writing fee of one dollar4 1for the issuance of a free deer hunting license or a free wild4 2turkey hunting license as authorized under section 483A.24,4 3subsection 2.If a county recorder is a license agent, the 4 4 writing fees retained by the county recorder shall be 4 5 deposited in the general fund of the county. 4 6 Sec. 9. Section 483A.13, Code 2001, is amended to read as 4 7 follows: 4 8 483A.13 LOST OR DESTROYED BLANKS. 4 9 When license blanks in the possession ofthe county4 10recorder or depositariesa license agent are accidentally 4 11 destroyed, the holder ofsuchthe blanks shall only be 4 12 relieved from accountability upon the presentation of 4 13 satisfactory explanation and the filing of a bond to the 4 14 director thatsuchthe blanks have actually been so destroyed. 4 15 The commission may determine by rule what shall constitute a 4 16 satisfactory explanation ofsuchthe occurrence. 4 17 Sec. 10. Section 483A.14, Code 2001, is amended to read as 4 18 follows: 4 19 483A.14 DUPLICATE LICENSES AND PERMITS. 4 20 When any license,certificate, or permit,for which a fee 4 21 has been set, has been lost, destroyed, or stolen, the 4 22 director, the county recorder,orthea licensedepositary,4 23 agent may issue a replacement license, if evidence is 4 24 available to demonstrate issuance of the original license and 4 25 a fee of two dollars is paid, to be placed in the fish and 4 26 game protection fund. If, on examination of the evidence, the 4 27 director, the recorder,or the licensedepositaryagent, as 4 28 the case may be, is satisfied that the license has been lost, 4 29 destroyed, or stolen, the director, the recorder,or the 4 30 licensedepositaryagent shall issue a duplicate license which 4 31 shall be plainly marked "duplicate" and the duplicate shall 4 32 serve in lieu of the original license and it shall contain the 4 33 same information and signature as the original. The license 4 34depositary mayagent shall chargeand retaina writing fee of 4 35 one dollar and the departmental administrative fee for each 5 1 duplicate license issued pursuant to this section. The 5 2 license agent shall retain the writing fee. 5 3 Sec. 11. Section 483A.17, Code 2001, is amended to read as 5 4 follows: 5 5 483A.17 TENURE OF LICENSE. 5 6 Every license, exceptlifetime hunting and fishing5 7licenses, scientific collecting licenses, and falconry5 8licenses, areas otherwise provided in this chapter, is valid 5 9 from the date issued to January 10 of the succeeding calendar 5 10 year for which it is issued. A license shall not be issued 5 11 prior to December 15 for the subsequent calendar year. 5 12 Sec. 12. Section 483A.19, Code 2001, is amended to read as 5 13 follows: 5 14 483A.19 SHOWING LICENSE TO OFFICER. 5 15 Every person shall, while fishing, hunting, or fur 5 16 harvesting, show the person's license, certificate, or permit,5 17 document to any peace officer or the owner or person in lawful 5 18 control of the land or water upon which licensee may be 5 19 hunting, fishing, or fur harvesting when requested by the 5 20 persons to do so. Any failure to so carry or refusal to show 5 21 or so exhibit the person's license, certificate, or permit5 22 document shall be a violation of this chapter. However, 5 23 except for possession and exhibition of deer licenses and tags 5 24 or wild turkey licenses and tags, a person charged with 5 25 violating this section shall not be convicted if the person 5 26 produces in court, within a reasonable time, a license,5 27certificate, or permitdocument for hunting, fishing, or fur 5 28 harvesting issued to that person and valid when the person was 5 29 charged with a violation of this section. 5 30 Sec. 13. Section 483A.21, unnumbered paragraphs 1 and 2, 5 31 Code 2001, are amended to read as follows: 5 32 Upon the conviction of a licensee of any violation of 5 33 chapter 481A, or of this chapter, or of any administrative 5 34 order adopted and published by the commission, the magistrate 5 35 may, as a part of the judgment, revoketheone or more license 6 1 privileges of the licensee, or suspenditthe privileges for 6 2 any definite period. 6 3 The magistrate shall revoke the hunting license or suspend 6 4 the privilege of procuring a hunting license for a period of 6 5 one year of any person who has been convicted twice within a 6 6 year of trespassing while hunting. If any of thehunting6 7 license privileges of ahunting and fishing combinedlicensee 6 8 who purchased more than one licenseareprivilege is revoked, 6 9 thefishingremaining license privileges of thelicense6 10 licensee shall still be valid and the magistrate shall enter 6 11 on the licensethatdocument thehuntingprivileges are6 12 privilege that is revoked. A person shall not purchase a 6 13 license for a privilege that was revoked or suspended during 6 14 the period of revocation or suspension. 6 15 Sec. 14. Section 483A.22, Code 2001, is amended to read as 6 16 follows: 6 17 483A.22 RECORD OF REVOCATION. 6 18WheneverWhen a license is revoked the date,andcause, and 6 19 tenure of such revocation shall benoted on the stub retained6 20by the county recorder and upon the duplicate on file in the6 21office of the commissionkept on file with the license records 6 22 of the commission. The commission may refuse the issuance of 6 23 a new license to any person whose license hastheretoforebeen 6 24 revoked. 6 25 Sec. 15. Section 483A.24, subsection 5, Code 2001, is 6 26 amended to read as follows: 6 27 5. A resident or nonresident of the state under sixteen 6 28 years of ageor a nonresident of the state under fourteen6 29years of ageis not required to have a license to fish in the 6 30 waters of the state. However, residents and nonresidents 6 31 under sixteen years of ageand nonresidents under fourteen6 32years of agemust pay the trout fishing fee to possess trout 6 33 or they must fish for trout with a licensed adult who has paid 6 34 the trout fishing fee and limit their combined catch to the 6 35 daily limit established by the commission. 7 1 7 2 7 3 7 4 MARY E. KRAMER 7 5 President of the Senate 7 6 7 7 7 8 7 9 BRENT SIEGRIST 7 10 Speaker of the House 7 11 7 12 I hereby certify that this bill originated in the Senate and 7 13 is known as Senate File 407, Seventy-ninth General Assembly. 7 14 7 15 7 16 7 17 MICHAEL E. MARSHALL 7 18 Secretary of the Senate 7 19 Approved , 2001 7 20 7 21 7 22 7 23 THOMAS J. VILSACK 7 24 Governor
Text: SF00406 Text: SF00408 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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