2000 Summary of Legislation NATURAL RESOURCES AND OUTDOOR RECREATION Published by the Iowa General Assembly -- Legislative Service Bureau

NATURAL RESOURCES AND OUTDOOR RECREATION LEGISLATION

SENATE FILE 2300 - Interference With Lawful Hunting, Fishing, or Fur Harvesting (full text of act)

   BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT. This Act prohibits a person from interfering with the lawful hunting, fishing or fur-harvesting activities of another person. Interference includes intentionally placing oneself in a location where a human presence may affect the behavior of a fur-bearing animal, game, bird, or fish or the feasibility of killing or taking a fur-bearing animal, game, bird, or fish, with the intent of obstructing or harassing another person who is lawfully hunting, fishing or fur harvesting; intentionally creating a visual, aural, olfactory, or physical stimulus for the purpose of affecting the behavior of a fur-bearing animal, game, bird, or fish with the intent of obstructing or harassing another person who is acting lawfully; and intentionally affecting the condition or altering the placement of personal property used for the purpose of killing or taking a fur-bearing animal, game, bird, or fish. The Act was amended by 2000 Iowa Acts, S.F. 2452 (see Appropriations), Section 76, to correct references to furbearing animals and game.

   The Act provides that a first offense of interfering with lawful hunting, fishing or fur harvesting is punishable as a simple misdemeanor and a second or subsequent offense is punishable as a serious misdemeanor. A simple misdemeanor is punishable by a fine of at least $50 but not more than $500, imprisonment for not more than 30 days, or both. A serious misdemeanor is punishable by a fine of at least $250 but not more than $1,500, imprisonment for not more than one year, or both.

   The interference prohibition does not apply to the normal agricultural operations or activities of landowners, tenants, or employees of landowners or tenants or to the activities of law enforcement officers.

SENATE FILE 2348 - Loess Hills Development and Conservation Authority -- Hungry Canyons Alliance -- Loess Hills Alliance (full text of act)

   BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT. This Act creates by statute a Hungry Canyons Alliance, which shall operate under the general direction of the Loess Hills Development and Conservation Authority.

   The Hungry Canyons Alliance is governed by a board of directors appointed as provided in its bylaws and is responsible for erosion control and related conservation activities of the authority. The Loess Hills Development and Conservation Authority provides the general direction and oversees the activities of the Hungry Canyons Alliance and the Loess Hills Alliance. The Act provides that, on matters relating to the conservation, development or preservation of the loess hills, state agencies shall coordinate, consult and cooperate with the Loess Hills Development and Conservation Authority and its alliances.

   The Act provides that members of the Loess Hills Alliance board of directors appointed by the board of supervisors shall include agricultural producers owning real property within the loess hills landform.

HOUSE FILE 2008 - Hunting, Fishing, and Fur Harvesting -- Residency Status (full text of act)

   BY BRAUNS. This Act authorizes a military person who is on active duty, and on authorized leave, to hunt or fish without a license if the military person is carrying leave papers and a copy of the person's earnings statement showing a deduction for Iowa income taxes or, in lieu of the earnings statement, the military person claims residency by being registered to vote in this state. This Act also amends 2000 Iowa Acts, Chapter 1116, relating to what constitutes residency and dual residency.

HOUSE FILE 2090 - Department of Natural Resources -- Forests and Forestry Division (full text of act)

   BY COMMITTEE ON NATURAL RESOURCES. This Act changes the name of the Forests and Forestry Division of the Department of Natural Resources to the Forests and Prairies Division and expands its duties to include administering programs for prairie management assistance to private and public landowners.

HOUSE FILE 2485 - Resource Enhancement and Protection Fund -- Soil and Water Enhancement Account (full text of act)

   BY COMMITTEE ON NATURAL RESOURCES. This Act removes the $1 million maximum allocation of funds to the Water Quality Protection Projects Account and provides that 50 percent of the moneys allocated to the Soil and Water Enhancement Account of the Resource Enhancement and Protection Fund will be divided equally between the Water Quality Protection Projects Account and Water Protection Practices Account within the Division of Soil Conservation of the Department of Agriculture and Land Stewardship.

HOUSE FILE 2486 - Taking of Fish and Game (full text of act)

   BY COMMITTEE ON NATURAL RESOURCES. This Act authorizes the Natural Resource Commission to designate which fish species may be taken by hand fishing, snagging, spearing, and using a bow and arrow. The commission, by rule, shall determine the times, places and conditions for taking fish by the listed methods.

   The Act also amends the requirements to be met in order to be considered a resident for hunting, fishing and fur harvesting purposes. References to Code Section 321.1A, subsections 1 through 6, are stricken. These subsections refer to a person who has filed for a homestead tax exemption or for a military tax exemption, registered to vote, enrolled a child in a public school, received public assistance, or resided continuously in this state for at least 30 days. The definition of "resident" is also amended to retain requirements that the person is registered to vote in this state and has physically resided in this state at least 30 consecutive days before applying for or purchasing a game or fish license, and has been issued an Iowa driver's license.

   The Act also prohibits a person from applying for or purchasing a resident license or permit if the person claims residency in any other state, territory or foreign nation. The single residency requirement does not apply to full-time students, a nonresident under 18 years of age visiting a parent, or a member of the Armed Forces of the United States on active duty who claims residency and has filed a state income tax return. 2000 Iowa Acts, Chapter 1175, Section 2 (H.F. 2008), amends this Act to correct a reference to the provision on dual residency. Persons violating new provisions relating to dual residency are subject to an existing penalty in Code Section 483A.42. The penalty is a simple misdemeanor with a minimum fine of $10.

   This Act also authorizes the taking of deer with a firearm within 50 yards of an inhabited building or feedlot within a city if the person has the permission of the owner or tenant of the inhabited facilities and the taking is conducted pursuant to an approved special deer population control plan. A firearm silencer may also be used for taking deer pursuant to an approved special deer population control plan with a valid federal permit.

RELATED LEGISLATION

SENATE FILE 2036 -- Upper Mississippi Riverway Compact -- Repeal (Complete summary under STATE GOVERNMENT.)

   This Act repeals the Upper Mississippi Riverway Compact, which was adopted by the General Assembly in 1967, but was not adopted by other named states and was not ratified by the U.S. Congress.

SENATE FILE 2061 -- County Recorder Duties -- Registration and Licensing (Complete summary under LOCAL GOVERNMENT.)

   This Act makes three technical amendments to the duties of the county recorder relating to the registration of transferred all-terrain vehicles, the amount of a writing fee for vessel registrations, and the issuance of hunting, fishing, fur harvesting, and related state licenses on behalf of the Department of Natural Resources.

SENATE FILE 2092 -- Substantive Code Corrections (Complete summary under STATE GOVERNMENT.)

   This Act contains statutory corrections that adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities. References to the year July 1, 1999, are changed to refer to July 1, 2000, in provisions relating to mineral, water, timber, and other resources of a trust that are contained within the Uniform Principal and Income Act.

SENATE FILE 2371 -- Water Quality Initiatives (Complete summary under ENVIRONMENTAL PROTECTION.)

   This Act provides for the establishment of water quality initiative programs by the Department of Agriculture and Land Stewardship and the Department of Natural Resources, including a Conservation Buffer Strip Program, a Conservation Reserve Enhancement Program, a Water Quality Monitoring Program, and a Water Quality Protection Program.

SENATE FILE 2438 -- Water Quality Districts (Complete summary under LOCAL GOVERNMENT.)

   This Act provides for the creation of a water quality district in the same manner as provided for the creation of a benefited recreational lake district and also authorizes the creation of a combined district.

SENATE FILE 2453 -- Appropriations -- Infrastructure and Capital Projects (Complete summary under APPROPRIATIONS.)

   This Act creates an Environment First Fund to be used for the protection, conservation, enhancement, or improvement of natural resources or the environment. The Act provides an annual standing appropriation from the Rebuild Iowa Infrastructure Fund to the Environment First Fund.

HOUSE FILE 2039 -- Miscellaneous Appropriations, Reductions, Supplementals, Transfers, and Credits (Complete summary under APPROPRIATIONS.)

   This Act relates to state budgetary matters by providing for reductions and supplementation of appropriations for FY 1999-2000 and includes certain reductions in appropriations for various divisions of the Department of Natural Resources.

HOUSE FILE 2277 -- Livestock and Hunting Preserves (Complete summary under AGRICULTURE.)

   This Act amends Code Chapter 484B, which provides for the regulation of hunting preserves by the Department of Natural Resources, including disease control requirements. The Act provides that the regulations do not apply to livestock, including ostriches, rheas and emus, or farm deer such as elk. The Department of Agriculture and Land Stewardship is authorized to establish programs for control of diseases among livestock.

HOUSE FILE 2331 -- Operating a Motorboat or Sailboat While Intoxicated (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

   This Act prohibits operation of a motorboat or sailboat while intoxicated, and imposes an implied consent to test provision, penalties, and procedures similar to those imposed by Code Chapter 321J for operators of motor vehicles.

HOUSE FILE 2541 -- Rural Improvement Zones (Complete summary under LOCAL GOVERNMENT.)

   This Act allows a county with a population of less than 18,500 residents, with a private lake development in its unincorporated areas, to designate a rural improvement zone which includes the lake development. The Act expands this authority to counties with populations of less than 18,500.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: WED June 28 2000
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