Text: SSB01027 Text: SSB01029 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 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 shallconduct a drawing to determine which applicants shall1 7receive a license and the type of licenseadopt procedures, by 1 8 rule, for issuing the licenses.Applications for licenses1 9shall be received during a period established by the1 10commission. At the end of the period a drawing shall be1 11conducted. The commission may establish rules to issue1 12licenses after the established application period. If an1 13applicant receives a deer license which is more restrictive1 14than licenses issued to others for the same period and place,1 15the applicant shall receive a certificate with the license1 16entitling the applicant to priority in the drawing for the1 17less restrictive deer licenses the following year. The1 18certificate must accompany that person's application the1 19following year, or the applicant will not receive this1 20priority. Persons purchasing a deer license for the gun1 21season under this section and under section 483A.1 are not1 22eligible for a gun deer hunting license under section 483A.24,1 23except 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 onceand separable into two2 11parts. If a wild turkey is taken, the wild turkey shall be 2 12 taggedwith one part of the tagandboth parts ofthe tag 2 13shouldshall 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 onceand separable into two parts. 2 18 When a deer is taken, the deer shall be taggedwith one part2 19of the tagandboth parts ofthe 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 licensedepositariesagents as 2 25 specified by rules of the commission. A county recorder may 2 26 issue licenses subject to the rules of thedepartment2 27 commission. The rules shall include the application 2 28 procedures as necessary. The licenses shall show the total 2 29 cost of the licenseand theincluding 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 3 483A.11DEPOSITARIESLICENSE AGENTS. 3 4 The director may designatedepositarieslicense 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 Thecounty recorderlicense agent shall be responsible for 3 11 all fees for the issuance of hunting, fishing, and fur 3 12 harvester licenses soldthrough the recorder's officeby the 3 13 license agent. All unused license blanks shall be surrendered 3 14 to thecounty recorderdepartment upon therecorder's3 15 department's demand. 3 16The county recorder shall retain a writing fee of fifty3 17cents from the sale of each license sold by the county3 18recorder's office. The writing fees retained by the county3 19recorder shall be deposited in the general fund of the county.3 20 A licensedepositary designated by the directoragent shall 3 21 retain a writing fee of fifty cents from the sale of each 3 22 licensesold by the depositaryexcept 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 license3 25depositary may charge and retain a writing fee of one dollar3 26for the issuance of a free deer hunting license or a free wild3 27turkey hunting license as authorized under section 483A.24,3 28subsection 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 ofthe county3 35recorder or depositariesa license agent are accidentally 4 1 destroyed, the holder ofsuchthe 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 thatsuchthe blanks have actually been so destroyed. 4 5 The commission may determine by rule what shall constitute a 4 6 satisfactory explanation ofsuchthe occurrence. 4 7 Sec. 10. Section 483A.14, Code 2001, is amended to read as 4 8 follows: 4 9 483A.14 DUPLICATE LICENSES AND PERMITS. 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,orthea licensedepositary,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 licensedepositaryagent, 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 licensedepositaryagent 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 24depositary mayagent shall chargeand retaina 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, exceptlifetime hunting and fishing4 32licenses, scientific collecting licenses, and falconry4 33licenses, areas 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 4 483A.19 SHOWING LICENSE TO OFFICER. 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 permit5 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 17certificate, or permitdocument 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, revoketheone or more license 5 26 privileges of the licensee, or suspenditthe 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 thehunting5 32 license privileges of ahunting and fishing combinedlicensee 5 33 who purchased more than one licenseareprivilege is revoked, 5 34 thefishingremaining license privileges of thelicense5 35 licensee shall still be valid and the magistrate shall enter 6 1 on the licensethatdocument thehuntingprivileges are6 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 8WheneverWhen a license is revoked the date,andcause, and 6 9 tenure of such revocation shall benoted on the stub retained6 10by the county recorder and upon the duplicate on file in the6 11office of the commissionkept 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 hastheretoforebeen 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 ageor a nonresident of the state under fourteen6 19years of ageis 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 ageand nonresidents under fourteen6 22years of agemust 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 1156DP 79 7 20 tj/pj/5
Text: SSB01027 Text: SSB01029 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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