[Dome]2002 Summary of Legislation
NATURAL RESOURCES AND OUTDOOR RECREATION
 
Published by the Iowa General Assembly -- Legislative Service Bureau
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Natural Resources And Outdoor Recreation Legislation
SENATE FILE 437 - Snowmobiles and All-Terrain Vehicles - Titling, Registration, and Use
SENATE FILE 2051 - State Interagency Missouri River Authority
SENATE FILE 2207 - Conservation Easements
HOUSE FILE 2082 - Registration of Watercraft
HOUSE FILE 2447 - Watercraft Regulation - Operation and Safety
HOUSE FILE 2591 - Resident Hunting License Fee - Pheasant and Quail Restoration
HOUSE FILE 2616 - Protection of Wild Animals
Related Legislation
SENATE FILE 144 - Highway Construction and Repair - Topsoil Preservation
SENATE FILE 2079 - Operation of All-Terrain Vehicles or Snowmobiles on a Highway
SENATE FILE 2275 - Substantive Code Corrections
SENATE FILE 2304 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions
SENATE FILE 2325 - State Agency Regulatory Functions - Miscellaneous Reorganizations, Transfers, and Revisions
HOUSE FILE 2365 - Documents and Records Filed With County Recorder - Snowmobile and All-Terrain Vehicle Titles - Registration of Vessels
HOUSE FILE 2515 - Education - Administration, Funding, Programming, and Services
HOUSE FILE 2625 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions - Fiscal Year 2001-2002 - SECOND EXTRAORDINARY SESSION
HOUSE FILE 2627 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions - 2002-2003 and Prior Fiscal Years - SECOND EXTRAORDINARY SESSION

SENATE FILE 437 - Snowmobiles and All-Terrain Vehicles - Titling, Registration, and Use Full Text of Bill
By Committee on Natural Resources and Environment

This Act amends various sections of Code Chapter 321G relating to the operation, registration and titling of all-terrain vehicles and snowmobiles. The operators of two-wheeled off-road motorcycles are exempt from the safety instruction and certification program that applies to other all-terrain vehicle operators.

Code Section 321G.3 is amended to allow the Natural Resource Commission to determine where the registration numbers of all-terrain vehicles and snowmobiles are to be displayed. The Code section also provides for the assignment of a registration number to an all-terrain vehicle or snowmobile that is exempt from registration but is being titled. Code Section 321G.5 provides that the owner of an all-terrain vehicle or snowmobile must display the registration identification on the vehicle in the manner prescribed by rule of the Natural Resource Commission.

Code Section 321G.8 is amended to specify that snowmobiles and all-terrain vehicles used exclusively as farm implements need not be registered.

Code Section 321G.13 is amended to allow all-terrain vehicles to operate on public land without a measurable snow cover.

Code Sections 321G.6, 321G.21 and 321G.29 are amended to provide procedures for the transfer of the titles and registrations of all-terrain vehicles and snowmobiles. If a title or registration is available for a vehicle, the owner shall complete the form on the back of the title or registration certificate as applicable and deliver it to the purchaser upon transfer. If a vehicle has no title or no registration, the owner shall deliver an affidavit for unregistered and untitled vehicles to the purchaser upon transfer. The Act allows a purchaser of a vehicle 30 days instead of five days after purchase to apply for a new registration number at the office of county recorder. A dealer is required to make application and pay all registration and title fees, if applicable, on behalf of the purchaser of the vehicle. The owner of an all-terrain vehicle or snowmobile that is not required to be titled may have the vehicle titled. If the vehicle is titled, the vehicle must also be registered and the vehicle is subject to all requirements of Code Chapter 321G. The Act permits a dealer to apply for a certificate of title in the dealer's name for a used snowmobile or all-terrain vehicle within 30 days, in lieu of the current 15 days after the date of acquisition. When issuing a title for a used vehicle for which there is no title or registration, each county recorder shall obtain and keep on file the affidavit for the untitled and unregistered vehicle.

New Code Section 321G.33 authorizes the Department of Natural Resources to assign a distinguishing number to an all-terrain vehicle or snowmobile if its serial number is destroyed or obliterated. The new Code section directs the Natural Resource Commission to adopt procedures for application and issuance of an identification number for a homebuilt vehicle or a rebuilt vehicle that has no legible identification number. The destruction or defacing of a vehicle identification number is prohibited.

SENATE FILE 2051 - State Interagency Missouri River Authority Full Text of Bill
By Houser, King, Angelo, Behn, Boettger, Redwine, Freeman, Kibbie, And Fraise.

This Act creates a State Interagency Missouri River Authority to represent the State of Iowa as a member of the Missouri River Basin Association and to promote the management of the Missouri River in a manner that does not negatively impact landowners along the river or negatively impact the state's economy.

Members of the authority include the Governor or the Governor's designee, the Secretary of Agriculture or the secretary's designee, the Chairperson of the Utilities Board or the chairperson's designee, and the directors of the Department of Natural Resources, the Iowa Department of Transportation, and the Department of Economic Development or the directors' designees. The Governor shall serve as chairperson. The Director of the Department of Natural Resources shall serve as the coordinator of the authority's activities and shall serve as chairperson of the authority in the absence of the Governor.

The authority shall not vote to approve or disapprove a substantive proposal or action being considered by the Missouri River Basin Association without agreement of all four state departments and the Chairperson of the Utilities Board who are members of the authority. If a substantive proposal or action considered by the association is not approved or disapproved by all four state departments and the Chairperson of the Utilities Board, the state shall abstain from voting. The authority shall also meet regularly with stakeholder groups in this state to receive their recommendations before proposals or actions are voted upon or to receive policy positions to submit to the association.

SENATE FILE 2207 - Conservation Easements Full Text of Bill
By Committee on Natural Resources and Environment

This Act relates to the acquisition, enforceability and purpose of conservation easements. The Act adds the Historical Division of the Department of Cultural Affairs and the State Archaeologist to the list of entities that may acquire a conservation easement. The Act provides that a conservation easement may be acquired to promote agriculture or open space and to conserve cultural resources. The conservation easement shall be enforceable during the term of the easement notwithstanding sections of the Code relating to reversion or use restrictions on land and marketable record title. The Act provides that, in relation to conservation easements, the term "natural resources" includes, but is not limited to, archaeological and historical resources.

HOUSE FILE 2082 - Registration of Watercraft Full Text of Bill
By Tieg.

This Act amends provisions in Code Chapter 462A relating to the time period within which a newly purchased or transferred watercraft must be registered by the new owner.

The Act expands the time period from within five days of purchase or transfer to within 30 days, and makes a corresponding change to the time period within which the purchaser of a new watercraft may operate the watercraft with a "registration applied for" card, rather than an individual identification number, from 10 days after the purchase date to 35 days.

HOUSE FILE 2447 - Watercraft Regulation - Operation and Safety Full Text of Bill
By Committee on Natural Resources.

This Act provides for the operation and regulation of personal watercraft and other motorboats and requires a watercraft safety course for certain operators.

"Personal watercraft" is defined as a vessel under 16 feet in length, which is propelled by a water jet pump or similar machinery and is designed to be operated by a person sitting, standing or kneeling on the vessel rather than being operated by a person sitting, standing or kneeling inside the vessel.

An owner or operator shall not permit any person under 12 years of age to operate a personal watercraft unless accompanied in or on the same personal watercraft by a responsible person at least 18 years of age. However, commencing January 1, 2003, a person who is 12 years of age or older but less than 18 years of age shall not operate any personal watercraft unless the person has successfully completed a watercraft safety course approved by the Department of Natural Resources. A person required to have a watercraft safety certificate shall carry and exhibit the certificate upon request of an officer of the department. A person charged with violating the water safety certificate requirements shall not be convicted if the person produces in court, within a reasonable time, a department-approved certificate. The cost of a certificate shall not exceed $5.

A person shall not operate a personal watercraft at any time between sundown and sunup, and shall not chase or harass animals while operating a personal watercraft or motorboat. Violations of Code Section 462A.12 relating to watercraft safety certification, safe watercraft operation, hours of operation, and harassment of animals are punishable by a scheduled fine of $25.

HOUSE FILE 2591 - Resident Hunting License Fee - Pheasant and Quail Restoration Full Text of Bill
By Committee on Ways and Means.

This Act increases the resident hunting license fee by $4.50 commencing July 1, 2002. An amount equal to the resident hunting license fee increase of $4.50 per license for each fiscal year of the fiscal period beginning July 1, 2002, and ending June 30, 2007, is appropriated to the Department of Natural Resources and at least 60 percent of the amount appropriated pursuant to the Act shall be used to fund a Pheasant and Quail Restoration Program. The department shall report annually on the Pheasant and Quail Restoration Program to the House Committee on Natural Resources and the Senate Committee on Natural Resources and Environment, commencing not later than January 1, 2004, and each subsequent year.

HOUSE FILE 2616 - Protection of Wild Animals Full Text of Bill
By Committee on Ways and Means.

This Act extends the 30-day limit during which a person having lawful possession of deer venison may hold the deer venison without a special permit. This Act authorizes the person having lawful possession of deer venison to hold the deer venison from the date of taking until the following September 1. From September 1 until the first day of the next deer open season for which the person holds a valid deer hunting license, the person shall not possess more than 25 pounds of deer venison. The Act also provides that any person may possess up to 25 pounds of deer venison if the deer was obtained from a lawful source.

A person having unlawful possession of deer venison is guilty of a simple misdemeanor, which is punishable by a scheduled fine of $100.

The Act raises the minimum fine for illegally taking, destroying, injuring, possessing, or transporting game or taking game or fish by illegal devices or equipment in violation of Code Chapter 481A or rules adopted under Code Chapter 481A from $10 to $20.

RELATED LEGISLATION

SENATE FILE 144 - Highway Construction and Repair - Topsoil Preservation
SEE TRANSPORTATION.

   This Act requires Iowa Department of Transportation contracts for the construction or maintenance of highways to include certain provisions for the restoration of areas in which fill dirt or other materials are to be removed.

SENATE FILE 2079 - Operation of All-Terrain Vehicles or Snowmobiles on a Highway
SEE TRANSPORTATION.

   This Act repeals the requirement to fly a flag or pennant on an all-terrain vehicle or snowmobile.

SENATE FILE 2275 - Substantive Code Corrections
SEE 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. Changes made in the area of natural resources and outdoor recreation include clarifying a reference to a $10 fee in a provision relating to reports to the State Fire Marshal on aboveground petroleum storage tanks; clarifying the applicability of the definitions section for the Cleanup of Clandestine Laboratory Sites chapter; citing to Pub. L. No. 95-87 in a chapter on coal mining; clarifying language relating to petitions regarding the issuance of bonds for storm water drainage; correcting references to the certification of water treatment operators by the Director of the Department of Natural Resources; striking an obsolete reference to a drawing for nonresident hunting licenses; and clarifying language relating to the right of a nonresident landowner to apply for an Iowa deer hunting license.

SENATE FILE 2304 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions
SEE APPROPRIATIONS.

   This Act makes, reduces and transfers appropriations for FY 2001-2002 and includes transfers to the General Fund of the State of appropriations made from the Value-Added Agricultural Products and Processes Financial Assistance Fund, the Environment First Fund, for recreational trails, and the Resources Enhancement and Protection Fund. The Act takes effect March 1, 2002.

SENATE FILE 2325 - State Agency Regulatory Functions - Miscellaneous Reorganizations, Transfers, and Revisions
SEE STATE GOVERNMENT.

   This Act relates to certain regulatory functions. The Act reorganizes duties of the Department of Inspections and Appeals (DIA), transfers the Court Appointed Special Advocate Program from the judicial branch to the DIA, reorganizes the structure of the Department of Natural Resources, provides for legislative review of agencies, and addresses regulation of birth centers.

HOUSE FILE 2365 - Documents and Records Filed With County Recorder - Snowmobile and All-Terrain Vehicle Titles - Registration of Vessels
SEE LOCAL GOVERNMENT.

   This Act establishes a method for issuing certificates of title for snowmobiles and all-terrain vehicles for which ownership has not been conclusively established and for issuing registration certificates for certain watercraft for which ownership has not been conclusively established.

HOUSE FILE 2515 - Education - Administration, Funding, Programming, and Services
SEE EDUCATION.

   This Act amends Code sections relating to the duties and operation of the Department of Education, and repeals and transfers language creating a conservation education program board from a Code chapter administered by the Department of Education to a Code chapter administered by the Department of Natural Resources.

HOUSE FILE 2625 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions - Fiscal Year 2001-2002 - SECOND EXTRAORDINARY SESSION
SEE APPROPRIATIONS.

   This Act addresses public funding provisions and related matters by making, transferring and reducing appropriations in order to balance the State General Fund budget for FY 2001-2002. The Act includes transfers and reductions that affect natural resources funding such as snowmobile and all-terrain vehicle fees.

HOUSE FILE 2627 - Miscellaneous Appropriations, Reductions, Transfers, and Other Provisions - 2002-2003 and Prior Fiscal Years - SECOND EXTRAORDINARY SESSION
SEE APPROPRIATIONS.

   This Act provides FY 2002-2003 appropriations from the General Fund of the State to the executive and judicial branches of state government, reduces or limits standing appropriations, and transfers appropriations. The Act is organized into divisions corresponding to the General Assembly's joint appropriations subcommittees and includes appropriations for the Department of Agriculture and Land Stewardship and the Department of Natural Resources and agencies and programs connected to those departments.

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Last update: 20-Jun-2002 12:26 PM
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