Text: HF02293                           Text: HF02295
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House File 2294

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 461A.25, unnumbered paragraph 1, Code
  1  2 2003, is amended to read as follows:
  1  3    The commission may recommend that the executive council
  1  4 lease property under the commission's jurisdiction.  All
  1  5 leases shall reserve to the public of the state the right to
  1  6 enter upon the property leased for any lawful purpose.  The
  1  7 council may, if it approves the recommendation and the If a
  1  8 lease to be entered into is for a period of five years or
  1  9 less, upon approval by the commission, the director shall
  1 10 execute the lease in on behalf of the state and commission.
  1 11 If the recommendation is for a lease is for a period in excess
  1 12 of five years, with the exception of agricultural lands
  1 13 specifically dealt with in Article I, section 24 of the
  1 14 Constitution of the State of Iowa, the council commission
  1 15 shall advertise for bids.  If a bid is accepted, the lease
  1 16 shall be let or executed by the council in accordance with the
  1 17 most desirable bid.  The commission may accept bids and
  1 18 approve leases that the commission determines are in the best
  1 19 interests of the state.  The A lease shall not be executed for
  1 20 a term longer than fifty years.  Any such leasehold interest,
  1 21 including any improvements placed on it, shall be listed on
  1 22 the tax rolls as provided in chapters 428 and 443; assessed
  1 23 and valued as provided in chapter 441; taxes shall be levied
  1 24 on it as provided in chapter 444 and collected as provided in
  1 25 chapter 445; and the leasehold interest is subject to tax
  1 26 sale, redemption, and apportionment of taxes as provided in
  1 27 chapters 446, 447, and 448.  The lessee shall discharge and
  1 28 pay all taxes.
  1 29    Sec. 2.  Section 481A.133, Code 2003, is amended to read as
  1 30 follows:
  1 31    481A.133  SUSPENSION OF LICENSES, CERTIFICATES, AND
  1 32 PERMITS.
  1 33    A person who is assessed damages pursuant to section
  1 34 481A.130 shall immediately surrender all licenses,
  1 35 certificates, and permits to hunt, fish, or trap in the state
  2  1 to the department.  The licenses, permits, and certificates,
  2  2 and the privileges associated with them shall remain suspended
  2  3 until the assessed damages and any accrued interest are paid
  2  4 or a payment schedule is established by the court in full.
  2  5 Upon payment of the assessed damages and any accrued interest,
  2  6 the suspension shall be lifted.  If a payment schedule is
  2  7 established, the suspension shall be lifted and remain so
  2  8 unless the person fails to make a payment pursuant to that
  2  9 schedule.  Failure to make a payment shall cause the
  2 10 suspension to be renewed.  Interest shall begin to accrue as
  2 11 of the date of judgment at a rate of ten percent per year.
  2 12    Sec. 3.  Section 483A.27, subsections 1 and 7, Code 2003,
  2 13 are amended to read as follows:
  2 14    1.  A person born after January 1, 1967 1972, shall not
  2 15 obtain a hunting license unless the person has satisfactorily
  2 16 completed a hunter safety and ethics education course approved
  2 17 by the commission.  A person who is eleven years of age or
  2 18 more may enroll in an approved hunter safety and ethics
  2 19 education course, but a person who is eleven years of age and
  2 20 who has successfully completed the course shall be issued a
  2 21 certificate of completion which becomes valid on the person's
  2 22 twelfth birthday.  A certificate of completion from an
  2 23 approved hunter safety and ethics education course issued in
  2 24 this state since 1960, by another state, or by a foreign
  2 25 nation, is valid for the requirements of this section.
  2 26    7.  A hunting license obtained under this section by a
  2 27 person who gave false information or presented a fraudulent
  2 28 certificate of completion shall be revoked and a new hunting
  2 29 license shall not be issued for at least two years from the
  2 30 date of conviction.  A hunting license obtained by a person
  2 31 who was born after January 1, 1967 1972, but has not
  2 32 satisfactorily completed the hunter safety and ethics
  2 33 education course or has not met the requirements established
  2 34 by the commission, shall be revoked.
  2 35    Sec. 4.  NEW SECTION.  564.9  DEPARTMENT OF NATURAL
  3  1 RESOURCES – EASEMENT.
  3  2    1.  The department of natural resources shall grant the
  3  3 owner of a parcel of land an easement to allow the owner
  3  4 access from the parcel to a public road if any of the
  3  5 following applies:
  3  6    a.  It is otherwise impossible for the owner to access the
  3  7 public road because the parcel is surrounded by land held by
  3  8 the department.
  3  9    b.  The parcel is otherwise surrounded by land with a
  3 10 topography that makes access impracticable.  The easement
  3 11 shall reasonably provide access for automobile traffic from
  3 12 the parcel to the public road without substantial improvement
  3 13 by the owner.  However, the owner shall be responsible for
  3 14 constructing and maintaining any private road from the parcel
  3 15 to the public road.
  3 16    c.  Access by another way would cause degradation or
  3 17 destroy the integrity of the land.  
  3 18                           EXPLANATION
  3 19    This bill relates to certain activities under the
  3 20 jurisdiction of the natural resource commission and the
  3 21 department of natural resources.
  3 22    Code section 461A.25 is amended to allow the director of
  3 23 the department of natural resources, rather than the executive
  3 24 council, to execute a lease of property under the jurisdiction
  3 25 of the natural resource commission on behalf of the state and
  3 26 the commission for a period of five years or less upon
  3 27 approval by the commission.  If a proposed lease of property
  3 28 is for a period in excess of five years, the commission must
  3 29 advertise for bids and accept bids and approve leases that the
  3 30 commission determines are in the best interests of the state.
  3 31    Code section 481A.133 is amended to provide that a person
  3 32 who is assessed damages upon conviction of unlawfully selling,
  3 33 taking, catching, killing, injuring, destroying, or possessing
  3 34 an animal will have all hunting, fishing, and trapping
  3 35 licenses suspended until the assessed damages and accrued
  4  1 interest are paid in full.  Currently, the suspension
  4  2 continues until the assessed damages and interest are paid or
  4  3 until a payment schedule is established by the court.  This
  4  4 provision is also amended to provide that interest shall
  4  5 accrue as of the date of judgment at a rate of 10 percent per
  4  6 year.
  4  7    Code section 483A.27 is amended to provide that a person
  4  8 does not have to provide proof of completion of a hunter
  4  9 safety and ethics education course approved by the commission
  4 10 in order to obtain a hunting license unless the person was
  4 11 born after 1972 instead of after 1967.  The bill provides that
  4 12 a hunting license shall be revoked if the license was obtained
  4 13 by a person who has not completed the hunter safety and ethics
  4 14 education course and who was born after 1972 instead of after
  4 15 1967.
  4 16    New Code section 564.9 is created and applies to a parcel
  4 17 of landlocked property.  According to the provisions of the
  4 18 bill, if the department of natural resources holds the
  4 19 surrounding land, it must provide an easement to the owner of
  4 20 the landlocked property if it is otherwise impossible for the
  4 21 owner to access the public road because the parcel is
  4 22 surrounded by land held by the department; the parcel is
  4 23 otherwise surrounded by land with a topography that makes
  4 24 access impracticable; or access by another way would cause
  4 25 degradation or destroy the integrity of the land.  The
  4 26 easement must reasonably provide for automobile traffic from
  4 27 the parcel to the public road, although it is the owner's
  4 28 responsibility for constructing and maintaining any private
  4 29 road there.  
  4 30 LSB 5277HV 80
  4 31 av/gg/14.1
     

Text: HF02293                           Text: HF02295
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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