NATURAL RESOURCES

SENATE FILE 297 - Snowmobile and All-Terrain Vehicle Regulation
SENATE FILE 2213 - Fishing and Hunting Licenses - Cancellation for Nonpayment of License Fee
SENATE FILE 2282 - Loess Hills Study
HOUSE FILE 2186 - Unlawful Sale, Taking, Damaging, or Destruction of Antlered Deer - Damages Payable
HOUSE FILE 2281 - Nonresident Bait Dealer Licensing
HOUSE FILE 2282 - Bait Sales by Aquaculture Units
HOUSE FILE 2357 - Invasive Aquatic Plants and Animals
HOUSE FILE 2366 - Blaze Orange Hunters' Apparel
HOUSE FILE 2393 - Discharging Firearms Near Buildings and Feedlots
HOUSE FILE 2432 - Landowner Hunting Licenses - VETOED BY THE GOVERNOR

RELATED LEGISLATION

SENATE FILE 2298 - Government Funding, Administration, and Regulation - Appropriations and Miscellaneous Changes

SEE APPROPRIATIONS. Division II of this Act appropriates moneys to support the Department of Natural Resources (DNR) and programs relating to natural resources and outdoor recreation. Division X allows DNR to require, before a permit will be issued, a public water supply to replace its groundwater source if it is or is likely to be contaminated, provided the public water supply is fully compensated for the additional costs. Division XVI increases the special motor vehicle plates and registration fees for special natural resources plates.

HOUSE FILE 2207 - 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 include changes to provisions pertaining to animal feeding operations and deletion of language containing expired appropriations to the Groundwater Protection Fund.

HOUSE FILE 2515 - Regulation of Farm Deer - VETOED BY THE GOVERNOR

SEE AGRICULTURE. This bill would have provided for the regulation of farm deer by the Department of Agriculture and Land Stewardship, including by providing for acreage requirements, licensing, and the taking of farm deer.

HOUSE FILE 2538 - Cash Reserve, Infrastructure, and Environment First Funds - Transfers

SEE APPROPRIATIONS. This Act makes a transfer from the Cash Reserve Fund to the Rebuild Iowa Infrastructure Fund (RIIF) for FY 2003 2004. The transferred moneys are to be used for the standing appropriation from RIIF to the Environment First Fund. The Act takes effect April 2, 2004.

HOUSE FILE 2567 - Transportation and Disposal of Dead Animals

SEE AGRICULTURE. This Act provides for the transportation and rendering of animal carcasses, including by regulating the transportation of deer and elk carcasses into the state from areas having a significant prevalence of chronic wasting disease. The provision relating to chronic wasting disease takes effect May 14, 2004.

NATURAL RESOURCES

SENATE FILE 297 - Snowmobile and All-Terrain Vehicle Regulation (full text of bill)

BY COMMITTEE ON TRANSPORTATION. This Act provides for the regulation of snowmobiles and all-terrain vehicles (ATVs under separate Code chapters. The authority of the Department of Natural Resources (DNR) to administer registration and titling of snowmobiles and ATVs and their operation on public land is retained in both chapters, and the Director of Transportation retains authority to adopt rules relating to their operation on highways.

PROVISIONS RELATING TO BOTH SNOWMOBILES AND ATVS. Under the Act, provisions regulating snowmobiles remain substantially intact, with the exception of the following provisions which represent policy changes that apply to snowmobile and ATV owners and operators:

• Separate snowmobile and ATV funds are created in the State Treasury for deposit of registration and other fees. The moneys in each fund are dedicated to support only programs relating to snowmobile or ATV programs as applicable. Registration of both snowmobiles and ATVs is now required annually for a fee of $15. Current law requires registration every other year for a fee of $25. The annual registration requirement and fees apply for new registrations and renewals for years beginning on or after January 1, 2005.
• The deadline for notifying the county recorder of a change in address by a registrant is changed from 10 days to 30 days. The writing fee for county recorders for issuance of registrations is increased from $1 to $1.25. The fee for safety certificates for persons under 18 years of age operating on public land is increased from $3 to $5.
• Provisions relating to the filing of accident reports are modified to require that a report be filed with the county sheriff or other law enforcement agency immediately if there is property damage amounting to $1,000 or more. The threshold under current law is $200. Accidents occurring on public land or ice under the jurisdiction of the Natural Resource Commission must, under the Act, now be reported to the commission within 72 hours, rather than 48 hours. All other accidents must be reported in the manner prescribed for motor vehicle accidents.
• Current law provides that a violation of snowmobile or ATV laws is a simple misdemeanor punishable by a scheduled fine. Under the Act, the fines for registration violations and most operating violations remain at $20. The fine for improper or defective equipment is increased from $10 to $20; the fine applicable to violations by owners of rented snowmobiles and ATVs is increased from $15 to $20; and the fine for failure to display an identification number is increased from $10 to $20.

PROVISIONS RELATING TO THE REGULATION OF ATVS. The Act moves current provisions relating to ATVs into a new Code chapter and incorporates several substantive changes in addition to those mentioned above. The definition of "all-terrain vehicle" is revised by raising the maximum dry weight limit from less than 750 pounds to less than 850 pounds, and the prohibition against carrying a passenger is modified to allow as many persons on the vehicle as it is designed to carry.

The Act provides that a two-wheeled off-road motorcycle is considered an ATV for the purpose of titling only if it has not previously been titled as a motor vehicle. However, the owner of a motorcycle that has been issued a title as an ATV can apply for and be issued a motor vehicle title upon surrender of the existing title. Two-wheeled off-road motorcycles continue to be considered ATVs for the purpose of registration by DNR.

A new provision requires that a nonresident must obtain a user permit from DNR in order to operate an ATV on public land or ice in Iowa. User permits are valid for the calendar year specified in the permit and are not transferable. The permits may be issued by county recorders or license depositaries designated by DNR in a manner similar to the issuance of hunting and fishing licenses. The fee for an annual user permit is $15 plus an administrative fee established by the commission. County recorders and license depositaries retain a $1 writing fee for each permit they issue. A person who violates the requirement to obtain a user permit is subject to a $20 fine.

The Act prohibits operation of ATVs on highways, including the area between the roadway and the fence line, except on a roadway designated by a county board of supervisors for a specified period. However, a landowner and members of the landowner's family may operate an ATV owned by the landowner on the portion of the highway right-of-way between the owner's property line and the shoulder of the roadway. Operation of ATVs on highways between sunrise and sunset for agricultural purposes continues to be allowed. The Act creates additional exceptions for employment-related activities by licensed engineers and land surveyors, employees or agents of political subdivisions or public utilities, and employees or agents of public agencies providing emergency services or rescue. Cities may continue to designate streets under their jurisdiction which may be used for ATV sports.

SENATE FILE 2213 - Fishing and Hunting Licenses - Cancellation for Nonpayment of License Fee (full text of bill)

BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT. This Act permits the Department of Natural Resources to adopt rules to cancel fishing and hunting licenses issued by the department when the licensee has failed to pay the applicable license fee.

SENATE FILE 2282 - Loess Hills Study (full text of bill)

BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT. This Act requires the Loess Hills Development and Conservation Authority, in consultation with the State Advisory Board for Preserves, to conduct a comprehensive study of the Loess Hills. The authority is required to determine the archeological and paleontological significance and the significance of the flora and fauna of the Loess Hills and the feasibility of designating land in the Loess Hills for dedication as a state native prairie preserve and for other uses. The Act also provides that the Natural Resource Commission may accept gifts, grants, bequests, and other private contributions, as well as federal, state or local funds, for the purpose of conducting the study. The Act was amended by S.F. 2298 (see Appropriations), Section 399, to provide that the authority, not the commission, may accept moneys to conduct the study. The Act requires a final report of findings and recommendations to the General Assembly by December 15, 2006.

The Act takes effect contingent upon receipt by the authority of federal, state or local funding for the study and report.

HOUSE FILE 2186 - Unlawful Sale, Taking, Damaging, or Destruction of Antlered Deer - Damages Payable (full text of bill)

BY COMMITTEE ON NATURAL RESOURCES. This Act increases the damages payable to the state by a person convicted of unlawfully selling, taking, catching, killing, injuring, destroying, or possessing any antlered deer at any time. The Act provides that for any antlered deer, the damages payable by an offender, including a fine and community service, or in lieu of the community service, an increased fine, shall be based on the point score of the enduring trophy characteristics of the deer (such as antlers and skulls) as measured by the Boone and Crockett Club's net scoring system for measuring native North American big game, as it pertains to whitetail deer.

HOUSE FILE 2281 - Nonresident Bait Dealer Licensing (full text of bill)

BY COMMITTEE ON NATURAL RESOURCES. This Act provides that nonresident wholesale bait dealers who sell to licensed wholesale bait dealers in Iowa for resale may be licensed in Iowa whether or not the nonresident wholesale bail dealer's state sells similar licenses or certificates to residents of Iowa.

The Act takes effect April 26, 2004.

HOUSE FILE 2282 - Bait Sales by Aquaculture Units (full text of bill)

BY COMMITTEE ON NATURAL RESOURCES. This Act relates to the selling of bait by an aquaculture unit licensee. The Act limits a nonresident aquaculture unit licensee to selling bait at wholesale unless the home state of the nonresident licensee allows residents of this state to sell bait at retail.

HOUSE FILE 2357 - Invasive Aquatic Plants and Animals (full text of bill)

BY COMMITTEE ON NATURAL RESOURCES. This Act relates to the prevention and control of certain aquatic invasive plant and animal species in this state. An "aquatic invasive species" is defined as a species that is not native to an ecosystem and whose introduction causes or is likely to cause economic or environmental harm or harm to human health, including habitat alteration and degradation and loss of biodiversity. The Act limits "aquatic invasive species" to Eurasian watermilfoil and purple loosestrife, which are plants, and to zebra mussels, which are animals.

The Act requires the Natural Resource Commission to prepare a long-term statewide aquatic invasive species water management plan before January 1, 2005, that addresses the detection and prevention of accidental introductions of such species into the state, a public awareness campaign concerning such species, the control and eradication of such species in public waters, and the development of a plan of containment strategies. The plan for containment strategies must include participation by lake associations, local citizen groups, and local units of government in the development of lake management plans where aquatic invasive species exist, and notice to travelers of the penalties for violation of laws relating to such species.

The Act requires the commission to adopt rules that restrict the introduction, propagation, use, possession, and spread of aquatic invasive species and that identify bodies of water with infestation of aquatic invasive species. The Act requires that infested bodies of water be posted as such. The Department of Natural Resources may prohibit boating, fishing, swimming, and trapping in infested bodies of water.

The Act authorizes the commission to define an additional species as an "aquatic invasive species" by rule, subject to enactment of the definition by the General Assembly at its next regular session. Failure of the General Assembly to enact such a definition constitutes a nullification of the definition effective upon adjournment of that session.

The Act provides that a person shall not transport an aquatic invasive species on a public road, place a trailer or launch a watercraft that is infested in public waters, or operate a watercraft in an area that is marked as infested. The penalty for violating these provisions is a scheduled fine of $100.

HOUSE FILE 2366 - Blaze Orange Hunters' Apparel (full text of bill)

BY COMMITTEE ON NATURAL RESOURCES. This Act requires a person hunting upland game birds to wear one or more of the following items of visible, external apparel: a hat, cap, vest, coat, jacket, sweatshirt, sweater, shirt, or coveralls, the color and material of which shall be at least 50 percent solid blaze orange.

A violator is subject to a scheduled fine of $50.

HOUSE FILE 2393 - Discharging Firearms Near Buildings and Feedlots (full text of bill)

BY COMMITTEE ON NATURAL RESOURCES. This Act provides that target shooting on premises posted as a target shooting range that is open to the public is exempt from the requirement that a firearm cannot be discharged within 200 yards of a building inhabited by people or domestic livestock, or of a feedlot, if the premises have been used as a target shooting range prior to the erection of such a building or construction of a feedlot. The Act applies only to the erection of such a building or construction of a feedlot within 200 yards of a target shooting range that is open to the public and that is identified as such by the city, county, state, or federal government where the erection or construction occurs on or after May 14, 2004. For the purposes of the Act, "target shooting" means the discharge of a firearm at an inanimate object, for amusement or as a test of skill in marksmanship. A violation of the Act is punishable by a scheduled fine of $25.

The Act also provides that the discharge of a firearm on premises posted as a public hunting area is exempt from the requirement that a firearm cannot be discharged within 200 yards of a building inhabited by people or domestic livestock, or of a feedlot, if the premises have been identified as a public hunting area prior to the erection of such a building or construction of a feedlot. The provision applies only to the erection of such a building or construction of a feedlot within 200 yards of a public hunting range that is identified as such by the city, county, state, or federal government and where the erection or construction occurs on or after May 14, 2004.

The Act takes effect May 14, 2004.

HOUSE FILE 2432- Landowner Hunting Licenses - VETOED BY THE GOVERNOR (full text of bill)

BY COMMITTEE ON NATURAL RESOURCES. This bill would have provided for the issuance of one free any sex deer hunting license, one free antlerless deer hunting license, and one free wild turkey license to certain landowners and tenants of farm units or to members of their families. The bill redefined a "farm unit" to mean all parcels of land in tracts of 10 or more acres and the special licenses would have been valid only on the farm unit for which the applicant qualified under the bill.

The bill also would have provided that if the Natural Resource Commission established a deer hunting season in the first quarter of a calendar year that was separate from the deer hunting season in the last quarter of the preceding calendar year, an owner and tenant of a farm unit or a member of their families could apply for one free deer hunting license for the first calendar quarter of the calendar year, and two free deer hunting licenses for the last quarter of the preceding calendar year, one of which was required to be an antlerless deer license.