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Senate File 2160

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 481A.48, subsection 1, Code 2003, is
  1  2 amended to read as follows:
  1  3    1.  No A person, except as otherwise provided by law, shall
  1  4 not willfully disturb, pursue, shoot, kill, take, or attempt
  1  5 to take or have in possession any of the following game birds
  1  6 or animals except within the open season established by the
  1  7 commission:  Gray or fox squirrel, bobwhite quail, cottontail
  1  8 or jack rabbit, duck, snipe, pheasant, goose, woodcock,
  1  9 partridge, mourning dove, coot, rail, ruffed grouse, wild
  1 10 turkey, pigeons, or deer.  The seasons, bag limits, possession
  1 11 limits, and locality shall be established by the department or
  1 12 commission under the authority of sections 456A.24, 481A.38,
  1 13 and 481A.39, except that the locality of an open season for
  1 14 the taking and possession of mourning doves shall be
  1 15 established by the commission only as provided in subsection
  1 16 1A.
  1 17    1A.  a.  An open season for mourning doves shall be
  1 18 established by the commission in a county only if the county
  1 19 electorate first approves the establishment of such an open
  1 20 season at a general election.  The board of supervisors, upon
  1 21 receipt of a petition containing one hundred signatures, shall
  1 22 direct the commissioner of elections to submit to the
  1 23 registered voters of the county a proposition to approve or
  1 24 disapprove the establishment by the commission of an open
  1 25 season in the county for the taking and possession of mourning
  1 26 doves.  To be placed on the ballot at the next general
  1 27 election, the petition must be received by the board of
  1 28 supervisors at least five working days before the last day for
  1 29 candidates for county offices to file nomination papers for
  1 30 the general election pursuant to section 44.4.  If a majority
  1 31 of the county voters voting on the proposition favor the
  1 32 establishment of an open season for the taking and possession
  1 33 of mourning doves, the commission shall establish such an open
  1 34 season in that county as provided in this section.  If a
  1 35 majority of the county voters voting on the proposition do not
  2  1 favor the establishment of an open season for the taking and
  2  2 possession of mourning doves, such an open season shall not be
  2  3 established by the commission in that county.
  2  4    b.  Authority for an open season for the taking and
  2  5 possession of mourning doves in a county may be subsequently
  2  6 withdrawn by petition and election in the same manner as
  2  7 provided in paragraph "a".
  2  8    c.  After a proposition for an open season on the taking
  2  9 and possession of mourning doves has been approved or
  2 10 disapproved in a county, another petition and election on such
  2 11 a proposition shall not be held for at least two years.  
  2 12                           EXPLANATION
  2 13    This bill includes mourning doves among the game birds for
  2 14 which the natural resource commission of the department of
  2 15 natural resources shall establish an open season, bag limit,
  2 16 and possession limit pursuant to Code sections 456A.24,
  2 17 481A.38, and 481A.39.  The bill provides that the locality of
  2 18 an open season for the taking and possession of mourning doves
  2 19 shall be established by the commission only as provided in the
  2 20 bill.
  2 21    The bill provides that an open season on the taking and
  2 22 possession of mourning doves in a county shall be established
  2 23 by the commission only if the open season is approved by the
  2 24 county electorate at a general election.  The bill provides
  2 25 that the board of supervisors, upon receipt of a petition
  2 26 containing 100 signatures that is received at least five
  2 27 working days before the last day for candidates for county
  2 28 offices to file nomination papers for the general election
  2 29 pursuant to Code section 44.4, shall direct the commissioner
  2 30 of elections to place the proposition on the ballot to approve
  2 31 or disapprove the establishment by the natural resource
  2 32 commission of an open season for the taking and possession of
  2 33 mourning doves in the county.  The bill provides that the
  2 34 proposition shall be approved or disapproved by a majority of
  2 35 the county voters voting on the proposition.
  3  1    The bill provides that the authority for an open season for
  3  2 the taking and possession of mourning doves may be
  3  3 subsequently withdrawn by petition and election in the same
  3  4 manner as is provided for approval of the authority.  The bill
  3  5 also provides that after a proposition to establish such an
  3  6 open season has been approved or disapproved, another petition
  3  7 and election cannot be held on such a proposition for at least
  3  8 two years.
  3  9    A person who unlawfully takes and possesses a mourning dove
  3 10 is guilty of a scheduled violation punishable by a scheduled
  3 11 fine of $100 for out-of-season or over limit, or $50 for
  3 12 attempting to take a mourning dove pursuant to Code section
  3 13 805.8B, subsection 3, paragraph "h".  
  3 14 LSB 5860SS 80
  3 15 av/pj/5
     

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