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  2003 Summary of Legislation

NATURAL RESOURCES AND OUTDOOR RECREATION

SENATE FILE 348 - Fishing Licenses and Fees - Habitat Development and Trout Program Funding
SENATE FILE 397 - Deer Hunting
HOUSE FILE 85 - Tip-Up Fishing - Missouri and Big Sioux Rivers and Backwaters
HOUSE FILE 254 - Reversion of State Conservation Fund Revenues - Exemption
HOUSE FILE 411 - Licensing of Hunting, Fishing, and Related Activities - Military Personnel - Residency Status
HOUSE FILE 412 - Sport Fishing Licenses - Mussels and Shells
HOUSE FILE 680 - Bait Dealer Licenses
H.J.R. 5 - Nullification of Administrative Rule - Methods of Taking Wild Turkey and Deer

RELATED LEGISLATION

SENATE FILE 237 - Water Quality Protection Fund - Private Water Supply Systems - Deposit and Use of Permit Fees
SEE ENVIRONMENTAL PROTECTION. This Act allows the Department of Natural Resources to collect permit fees from private water supply well contractors and appropriates the moneys collected to be used for the purpose of supporting programs established to protect private drinking water supplies.
SENATE FILE 343 - Disposal System Operation Permits - Cold Water Stream Designations - VETOED BY THE GOVERNOR
SEE ENVIRONMENTAL PROTECTION. This bill related to operation permits for publicly owned disposal systems when permit amendments are established by administrative rule in response to a change of the use designation of a cold water stream.
SENATE FILE 444 - Open Prairie or Wildlife Habitat Restoration Property Tax Credits - Inspection and Certification
SEE TAXATION. This Act specifies requirements to be met before restored and reestablished prairies or wildlife habitats may receive a property tax exemption. The Act applies to assessment years beginning on or after January 1, 2004.
SENATE FILE 453 - State and Local Government Financial and Regulatory Matters - Miscellaneous Provisions
SEE APPROPRIATIONS. This Act addresses state and local government financial and regulatory matters. Legislators referred to this legislation as the "Government Reinvention Bill" during debate and discussion. The Act includes a requirement for a study of Department of Natural Resources requirements and penalties applicable to cities and counties.
SENATE FILE 458 - Miscellaneous Appropriations, Reductions, Revenue Adjustments, and Other Matters
SEE APPROPRIATIONS. Division VII of this Act directs the Department of Natural Resources and the Iowa Department of Transportation to work with interest groups to develop a plan for creating a registration program and create recreational areas for full-size off-highway vehicles.
S.J.R. 5 - Nullification of Administrative Rule - Ammonia and Hydrogen Sulfide Ambient Air Standards
SEE ENVIRONMENTAL PROTECTION. This Joint Resolution nullifies the amendments to an administrative rule and nullifies a new administrative rule adopted by the Environmental Protection Commission of the Department of Natural Resources on April 21, 2003, to prevent the adoption of certain new ambient air quality standards that regulate ammonia and hydrogen sulfide levels in the air. The Joint Resolution takes effect April 30, 2003.
HOUSE FILE 339 - Snowmobile Franchises - Termination - Franchisee Payment Rights
SEE BUSINESS, BANKING & INSURANCE. This Act provides that franchises for the merchandising of snowmobiles, or related parts and equipment, are governed by the same inventory repurchase requirements that currently apply to farm implement, motorcycle, and all-terrain vehicle franchises upon termination of the franchise agreement. The Act, which takes effect April 11, 2003, is retroactive to January 1, 2003.
HOUSE FILE 492 - Soil and Water Conservation Districts
SEE AGRICULTURE. This Act provides that a soil and water conservation district may acquire conservation easements.
HOUSE FILE 509 - Deer and Elk Chronic Wasting Disease
SEE AGRICULTURE. This Act establishes a task force to consider issues relating to chronic wasting disease, which affects deer and elk populations.
HOUSE FILE 584 - Recreational Activities in Designated Areas or on Public Property - Liability Limited
SEE CIVIL LAW, PROCEDURE & COURT ADMINISTRATION. This Act provides certain exceptions to liability for prior owners of land in which an all-terrain vehicle recreational riding area is established, and for a municipality and officers and employees of a municipality involving a public facility designed for the purpose of bicycling, unicycling, scootering, river rafting, canoeing, or kayaking.
HOUSE FILE 624 - Regulation of Farm Deer
SEE AGRICULTURE. This Act provides for the regulation of farm deer and specifically captive whitetail and mule deer by the Department of Agriculture and Land Stewardship.

NATURAL RESOURCES AND OUTDOOR RECREATION

SENATE FILE 348 - Fishing Licenses and Fees - Habitat Development and Trout Program Funding (full text of bill)
BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT. This Act relates to fishing licenses and fees and to the development of fish habitat. The Act raises the license fees for resident and nonresident annual and seven-day fishing licenses and adds new categories of one-day resident fishing licenses and three-day and one-day nonresident fishing licenses.

The Act eliminates the separate $3 fish habitat fee and provides instead that $3 from each resident and nonresident annual and seven-day fishing license be used for fish habitat development with no less than 50 percent of that amount used by the Natural Resource Commission to enter into agreements with county conservation boards to develop fish habitat.

The Act provides that a person who is required to have a fishing license shall not either fish for or possess trout without first paying the trout fishing fee.

The Act takes effect December 15, 2003, and is applicable to licenses and fees for fishing and fish habitat activities for years beginning on or after January 1, 2004.

SENATE FILE 397 - Deer Hunting (full text of bill)
BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT. This Act relates to the issuance of additional antlerless deer hunting licenses.

The Act requires the Natural Resource Commission to provide by rule for the issuance of the remaining nonresident antlerless deer hunting licenses that are not issued for the 2003-2004 antlerless deer hunting seasons to nonresidents for use during the period beginning on December 24, 2003, and ending at sunset on January 2, 2004, at a cost of $50. A nonresident hunting deer with such a license must be otherwise qualified to hunt deer in this state, have a nonresident hunting license, and pay the wildlife habitat fee.

The Act also requires the commission to provide by rule for the distribution and allocation of 18,000 additional antlerless deer hunting licenses for the 2003-2004 deer hunting seasons to resident hunters and to landowners and tenants, or their family members who are qualified to receive deer hunting licenses and are otherwise qualified to hunt deer in this state. A wildlife habitat stamp is not required.

The Act provides that residents, landowners and tenants, or their family members who receive the additional antlerless deer hunting licenses may deliver the deer harvested with the licenses to one or more establishments designated and contracted with by the Department of Corrections to process, package and deliver the deer meat to designated locations at a cost that is competitive with the cost of obtaining similar meat products in the private sector.

The commission, in consultation with the Department of Corrections, must evaluate the results of the deer harvesting program created by the Act and make recommendations regarding improvements or expansion of the program in a joint report to the General Assembly by February 1, 2004.

A violation of the Act or a rule adopted pursuant to the Act is a simple misdemeanor punishable as a scheduled violation.

HOUSE FILE 85 - Tip-Up Fishing - Missouri and Big Sioux Rivers and Backwaters (full text of bill)
BY WHITEAD, WENDT, KUHN, AND MILLER. This Act authorizes the use of tip-up fishing devices in the waters of the Missouri and Big Sioux Rivers. Tip-up fishing devices are currently authorized for the Mississippi River only. The three tip-up devices and the number of hooks and lines authorized for the Missouri and Big Sioux Rivers are the same as for the Mississippi River. Also, the tip-up devices must be labeled with the name and address of the owner. A violator is guilty of a simple misdemeanor with a minimum fine of $20.

HOUSE FILE 254 - Reversion of State Conservation Fund Revenues - Exemption (full text of bill)
BY COMMITTEE ON NATURAL RESOURCES. This Act provides that unspent revenues that are deposited in the State Conservation Fund of the Department of Natural Resources are exempt from reversion to the General Fund of the State and remain available for expenditure for one year after the close of the fiscal year during which the revenues were deposited. The Act takes effect April 9, 2003.

HOUSE FILE 411 - Licensing of Hunting, Fishing, and Related Activities - Military Personnel - Residency Status (full text of bill)
BY COMMITTEE ON NATURAL RESOURCES. This Act provides that members of the U.S. armed forces who are serving on active duty and are stationed in this state shall be considered residents for the purpose of purchasing hunting, fishing and trapping licenses or licenses for related activities.

HOUSE FILE 412 - Sport Fishing Licenses - Mussels and Shells (full text of bill)
BY COMMITTEE ON NATURAL RESOURCES. This Act changes the amount of mussels and shells that a person with a sport fishing license is entitled to take and possess on a daily basis from a maximum of 20 pounds to the amount that is authorized by an administrative rule of the Department of Natural Resources or the Natural Resource Commission. A person who violates a provision of the Act is guilty of a simple misdemeanor punishable as a scheduled violation, for which the fine is $50.

HOUSE FILE 680 - Bait Dealer Licenses (full text of bill)
BY COMMITTEE ON WAYS AND MEANS. This Act creates resident and nonresident retail and wholesale bait dealer licenses. The fee for a resident retail bait dealer license is $30.50 and the fee for a resident wholesale bait dealer license is $125. The fee for a nonresident retail bait dealer license is $125 and the fee for a nonresident wholesale bait dealer license is $250 or the amount for the same type of license in the nonresident's state, whichever is greater.

The Act also prohibits the licensing of nonresident bait dealers who sell at wholesale to licensed dealers in Iowa for resale.

The Act takes effect May 9, 2003.

HOUSE JOINT RESOLUTION 5 - Nullification of Administrative Rule - Methods of Taking Wild Turkey and Deer (full text of bill)
BY HAHN, ALONS, ARNOLD, BAUDLER, BOAL, BODDICKER, BOGGESS, CARROLL, CHAMBERS, COHOON, CONNORS, DE BOEF, DENNIS, DIX, DOLECHECK, DRAKE, EICHHORN, FREEMAN, GIPP, GRANZOW, GREINER, HANSEN, HANSON, HEATON, HOFFMAN, HORBACH, HUSEMAN, JACOBS, JENKINS, JONES, KLEMME, KRAMER, KURTENBACH, LALK, LUKAN, MADDOX, MANTERNACH, MERTZ, S. OLSON, PAULSEN, QUIRK, RASMUSSEN, RAYHONS, ROBERTS, SANDS, SMITH, T. TAYLOR, THOMAS, TJEPKES, TYMESON, UPMEYER, VAN ENGELENHOVEN, J. K. VAN FOSSEN, J. R. VAN FOSSEN, WATTS, WHITEAD, AND WILDERDYKE. This Joint Resolution nullifies administrative rules adopted by the Department of Natural Resources that provide that wild turkey and deer cannot be taken with a bow where any portion of the bow's riser (handle) or any trough, track, channel, or other device that attaches directly to the bow's riser contacts, supports or guides the arrow from a point rearward to the bow's brace height.

The Joint Resolution takes effect April 17, 2003.