Senate File 516 S-3376 Amend Senate File 516 as follows: 1 1. Page 20, after line 23 by inserting: 2 < DIVISION ___ 3 DEPARTMENT OF NATURAL RESOURCES 4 Sec. ___. Section 331.605, subsection 1, paragraph b, 5 subparagraph (1), Code 2017, is amended to read as follows: 6 (1) The fees specified in rules adopted pursuant to section 7 483A.1 . 8 Sec. ___. Section 331.605, subsection 1, paragraph c, Code 9 2017, is amended to read as follows: 10 c. A state migratory game bird fee as provided in rules 11 adopted pursuant to section 483A.1 . 12 Sec. ___. Section 481A.93, subsection 2, paragraph b, 13 subparagraph (2), Code 2017, is amended to read as follows: 14 (2) The totally blind person is accompanied and aided 15 by a person who is at least eighteen years of age and whose 16 vision is not seriously impaired. The accompanying person must 17 purchase a hunting license that includes the wildlife habitat 18 fee as provided in rules adopted pursuant to section 483A.1 19 if applicable. If the accompanying person is not required 20 to have a hunting license the person is not required to pay 21 the wildlife habitat fee. During the hunt, the accompanying 22 adult must be within arm’s reach of the totally blind person, 23 and must be able to identify the target and the location of 24 the laser sight beam on the target. A person other than the 25 totally blind person shall not shoot the laser sight-equipped 26 gun or bow. 27 Sec. ___. Section 483A.1, Code 2017, is amended by striking 28 the section and inserting in lieu thereof the following: 29 483A.1 Licenses —— fees —— rules. 30 1. Except as otherwise provided in this chapter, a person 31 shall not fish, trap, hunt, pursue, catch, kill, take in 32 any manner, use, have possession of, sell, or transport all 33 or a part of any wild animal, bird, game, turtle, or fish, 34 the protection and regulation of which is desirable for 35 -1- SF516.2621 (1) 87 tm/rn 1/ 12 #1.
the conservation of resources of the state, without first 1 obtaining a license for that purpose, and the payment of a fee 2 as established by rules adopted by the commission pursuant to 3 chapter 17A. 4 2. a. The fees established by rule pursuant to subsection 1 5 shall be periodically evaluated by the department, but not less 6 often than once every three years, to ensure that the fees paid 7 are sufficient to meet the needs of natural resource management 8 and the public. 9 b. By December 15 of each year on and after December 15, 10 2018, that an evaluation of the license fees is completed, the 11 department shall file a written report with the commission and 12 the general assembly which shall include the evaluation and 13 recommendations for changes, if any. Any fee increase proposed 14 in such a report shall not take effect until on or after 15 December 15 of the year succeeding the report and an individual 16 license fee shall not be increased in any calendar year in an 17 amount that exceeds five percent. 18 Sec. ___. Section 483A.1A, subsection 10, paragraph c, Code 19 2017, is amended to read as follows: 20 c. Is a student who qualifies as a resident pursuant to 21 paragraph “b” only for the purpose of purchasing any resident 22 license specified in rules adopted pursuant to section 483A.1 . 23 Sec. ___. Section 483A.3, subsection 1, paragraph a, Code 24 2017, is amended to read as follows: 25 a. A resident or nonresident person required to have a 26 hunting or fur harvester license shall not hunt or trap unless 27 the person purchases a hunting or fur harvester license that 28 includes the wildlife habitat fee , in an amount established by 29 rules adopted by the commission pursuant to section 483A.1 . 30 Sec. ___. Section 483A.3, subsection 1, paragraph c, Code 31 2017, is amended by striking the paragraph. 32 Sec. ___. Section 483A.3, subsection 1, paragraphs d and e, 33 Code 2017, are amended to read as follows: 34 d. All wildlife habitat fees shall be administered in 35 -2- SF516.2621 (1) 87 tm/rn 2/ 12
the same manner as hunting and fur harvester licenses except 1 all revenue derived from wildlife habitat fees shall be used 2 within the state of Iowa for habitat development and shall be 3 deposited in the state fish and game protection fund, except 4 as provided in subsection 2 . The revenue may be used for 5 the matching of federal funds. The revenues and any matched 6 federal funds shall be used for acquisition of land, leasing of 7 land, or obtaining of easements from willing sellers for use 8 as wildlife habitats. Notwithstanding the exemption provided 9 by section 427.1 , any land acquired with the revenues and 10 matched federal funds shall be subject to the full consolidated 11 levy of property taxes , which shall be paid from those the 12 income generated from those lands or, if no such income is 13 generated, from the wildlife habitat fee revenues. In addition 14 the revenue may be used for the development and enhancement of 15 wildlife lands and habitat areas. 16 e. Not less than fifty percent of all revenue three dollars 17 from each wildlife habitat fees fee shall be allocated as 18 specified in section 483A.3B and not less than fifty percent 19 of the balance of each fee shall be used by the commission 20 to enter into agreements with county conservation boards or 21 other public agencies in order to carry out the purposes of 22 this section . The However, the state share of funding of those 23 agreements provided by the revenue from wildlife habitat fees 24 shall not exceed seventy-five percent. 25 Sec. ___. Section 483A.3, subsections 3 and 4, Code 2017, 26 are amended to read as follows: 27 3. Notwithstanding subsections 1 and 2 , any increase in 28 wildlife habitat fee revenues received collected on or after 29 July 1, 2007 December 15, 2017 , pursuant to this section as 30 a result of wildlife habitat fee increases pursuant to 2007 31 Iowa Acts, ch. 194 established by rules adopted pursuant to 32 section 483A.1 , shall be used by the commission only for 33 the purpose of the game bird habitat development program as 34 provided for any of the purposes set forth in this section or 35 -3- SF516.2621 (1) 87 tm/rn 3/ 12
in section 483A.3B , except that such increases in revenues 1 collected shall not be used by the commission for the purpose 2 of land acquisition . The commission shall not reduce on an 3 annual basis for these purposes the amount of other funds being 4 expended as of July 1, 2007 December 15, 2017 . 5 4. A three-year multi-year hunting license purchased 6 pursuant to section 483A.1, subsection 1 , paragraph “j” 7 483A.9A , includes the payment of a wildlife habitat fee for 8 each of the three years for which the license is valid and 9 those fees shall be used as provided in this section . 10 Sec. ___. Section 483A.3A, Code 2017, is amended to read as 11 follows: 12 483A.3A Fish habitat development funding. 13 Three dollars from each resident and nonresident annual and 14 seven-day fishing license and nine dollars from each resident 15 three-year multi-year fishing license sold shall be deposited 16 in the state fish and game protection fund and shall be used 17 within this state for fish habitat development. Not less than 18 fifty percent of this amount shall be used by the commission to 19 enter into agreements with county conservation boards to carry 20 out the purposes of this section . 21 Sec. ___. Section 483A.3B, subsection 1, Code 2017, is 22 amended to read as follows: 23 1. Allocation of revenue —— accounts. All revenue collected 24 from increases in wildlife habitat fees as provided in section 25 483A.3, subsection 3 1, paragraph “e” , that is deposited in 26 the state fish and game protection fund and that is allocated 27 pursuant to this section shall be allocated as follows: 28 a. Two Not less than two dollars of each wildlife habitat 29 fee collected shall be allocated to the game bird wetlands 30 conservation account. 31 b. One Not less than one dollar of each wildlife habitat 32 fee collected shall be allocated to the game bird buffer strip 33 assistance account. 34 c. Notwithstanding section 12C.7, subsection 2 , interest or 35 -4- SF516.2621 (1) 87 tm/rn 4/ 12
earnings on moneys collected from wildlife habitat fees that 1 are deposited in each account created under this section shall 2 be credited to that account. Notwithstanding section 8.33 or 3 section 456A.17 , moneys credited to each account created under 4 this section shall not revert to the state general fund at the 5 close of a fiscal year. 6 d. All revenue generated by increases in the collected 7 from wildlife habitat fee fees as provided in section 483A.3, 8 subsection 3 1, paragraph “e” , that is allocated pursuant to 9 this section shall be used as provided in this section , except 10 for that part which is specified by the department for use in 11 paying administrative expenses as provided in section 456A.17 . 12 Sec. ___. NEW SECTION . 483A.6B Nonresident five-day hunting 13 license —— fee. 14 1. A nonresident may be issued a five-day hunting license 15 that costs an amount as set by rules adopted pursuant to 16 section 483A.1, including the wildlife habitat fee. A 17 nonresident hunting with a license issued under this section 18 shall be otherwise qualified to hunt in this state. 19 2. This section is repealed on December 15, 2020. 20 Sec. ___. Section 483A.7, subsection 3, paragraph b, Code 21 2017, is amended to read as follows: 22 b. The commission shall assign one preference point to a 23 nonresident whose application for a nonresident wild turkey 24 hunting license is denied due to limitations on the number 25 of nonresident wild turkey hunting licenses available for 26 issuance that year. An additional preference point shall be 27 assigned to that person each subsequent year the person’s 28 license application is denied for that reason. A nonresident 29 may purchase additional preference points pursuant to rules 30 adopted pursuant to section 483A.1 , subsection 2 , paragraph 31 “j” . The first nonresident wild turkey hunting license drawing 32 each year shall be made from the pool of applicants with the 33 most preference points and continue to pools of applicants 34 with successively fewer preference points until all available 35 -5- SF516.2621 (1) 87 tm/rn 5/ 12
nonresident wild turkey hunting licenses have been issued. If 1 a nonresident applicant receives a wild turkey hunting license, 2 all of the applicant’s assigned preference points at that time 3 shall be removed. 4 Sec. ___. Section 483A.8, subsection 3, paragraphs a, b, and 5 e, Code 2017, are amended to read as follows: 6 a. A nonresident hunting deer is required to purchase 7 a nonresident annual hunting license that includes the 8 wildlife habitat fee and a nonresident deer hunting license. 9 In addition, a nonresident who purchases a deer hunting 10 license shall pay a one dollar fee that shall be used and 11 is appropriated for the purpose of deer herd population 12 management, including assisting with the cost of processing 13 deer donated to the help us stop hunger program administered 14 by the commission. 15 b. A nonresident who purchases an antlered or any sex deer 16 hunting license pursuant to rules adopted pursuant to section 17 483A.1 , subsection 2 , paragraph “i” , is required to purchase 18 an antlerless deer only deer hunting license at the same 19 time, pursuant to rules adopted pursuant to section 483A.1 , 20 subsection 2 , paragraph “k” . 21 e. The commission shall assign one preference point to a 22 nonresident whose application for a nonresident antlered or any 23 sex deer hunting license is denied due to limitations on the 24 number of nonresident antlered or any sex deer hunting licenses 25 available for issuance that year. An additional preference 26 point shall be assigned to that person each subsequent year 27 the person’s license application is denied for that reason. A 28 nonresident may purchase additional preference points pursuant 29 to rules adopted pursuant to section 483A.1 , subsection 2 , 30 paragraph “j” . The first nonresident antlered or any sex deer 31 hunting license drawing each year shall be made from the pool 32 of applicants with the most preference points and continue 33 to pools of applicants with successively fewer preference 34 points until all available nonresident antlered or any sex deer 35 -6- SF516.2621 (1) 87 tm/rn 6/ 12
hunting licenses have been issued. If a nonresident applicant 1 receives an antlered or any sex deer hunting license, all of 2 the applicant’s assigned preference points at that time shall 3 be removed. 4 Sec. ___. Section 483A.8, subsections 4 and 6, Code 2017, 5 are amended to read as follows: 6 4. The commission may provide, by rule, for the issuance of 7 an additional antlerless deer hunting license to a person who 8 has been issued an antlerless deer hunting license. The rules 9 shall specify the number of additional antlerless deer hunting 10 licenses which may be issued, and the season and zone in which 11 the license is valid. The fee for an additional antlerless 12 deer hunting license shall be ten dollars an amount established 13 by rules adopted pursuant to section 483A.1 for residents. 14 6. The commission shall provide by rule for the annual 15 issuance to a nonresident of a nonresident antlerless deer 16 hunting license that is valid for use only during the period 17 beginning on December 24 and ending at sunset on January 2 of 18 the following year and costs seventy-five dollars an amount 19 established by rules adopted pursuant to section 483A.1 . A 20 nonresident hunting deer with a license issued under this 21 subsection shall be otherwise qualified to hunt deer in this 22 state and shall purchase a nonresident annual hunting license 23 that includes the wildlife habitat fee, and pay the one dollar 24 fee for the purpose of deer herd population management as 25 provided in subsection 3 . Pursuant to this subsection , the 26 commission shall make available for issuance only the remaining 27 nonresident antlerless deer hunting licenses allocated under 28 subsection 3 that have not yet been issued for the current 29 year’s nonresident antlerless deer hunting seasons. 30 Sec. ___. Section 483A.9A, subsection 3, Code 2017, is 31 amended to read as follows: 32 3. The commission shall offer to residents a combination 33 package of an annual fishing license and an annual hunting 34 license, as provided in rules adopted pursuant to section 35 -7- SF516.2621 (1) 87 tm/rn 7/ 12
483A.1, subsection 1 , the cost of which includes the wildlife 1 habitat fee. 2 Sec. ___. Section 483A.17, Code 2017, is amended to read as 3 follows: 4 483A.17 Tenure of license. 5 Every license, except as otherwise provided in this 6 chapter , is valid from the date issued to January 10 of the 7 succeeding calendar year for which it is issued. A license 8 shall not be issued prior to December 15 for the subsequent 9 calendar year except for a three-year multi-year fishing 10 license or a three-year multi-year hunting license issued to a 11 resident pursuant to rules adopted pursuant to section 483A.1 , 12 subsection 1 . 13 Sec. ___. Section 483A.24, subsection 2, paragraphs b and c, 14 Code 2017, are amended to read as follows: 15 b. Upon written application on forms furnished by the 16 department, the department shall issue annually without fee one 17 wild turkey license to the owner of a farm unit or to a member 18 of the owner’s family, but not to both, and to the tenant or 19 to a member of the tenant’s family, but not to both. The wild 20 turkey hunting license licenses issued shall be valid only on 21 the farm unit for which an applicant qualifies pursuant to this 22 subsection and shall be equivalent to the least restrictive 23 license issued under section 481A.38 . The owner or the tenant 24 need not reside on the farm unit to qualify for a free license 25 to hunt on that farm unit. The free turkey hunting licenses 26 issued pursuant to this paragraph shall be valid and may be 27 used during any bow or firearm turkey hunting season. 28 c. Upon written application on forms furnished by the 29 department, the department shall issue annually without fee two 30 deer hunting licenses, one antlered or any sex deer hunting 31 license and one antlerless deer only deer hunting license, to 32 the owner of a farm unit or a member of the owner’s family, 33 but only a total of two licenses for both, and to the tenant 34 of a farm unit or a member of the tenant’s family, but only 35 -8- SF516.2621 (1) 87 tm/rn 8/ 12
a total of two licenses for both. The deer hunting licenses 1 issued shall be valid only for use on the farm unit for which 2 the applicant applies pursuant to this paragraph. The owner or 3 the tenant need not reside on the farm unit to qualify for the 4 free deer hunting licenses to hunt on that farm unit. The free 5 deer hunting licenses issued pursuant to this paragraph shall 6 be valid and may be used during any shotgun bow or firearm 7 deer hunting season. The licenses may be used to harvest deer 8 in two different seasons. In addition, a person who receives 9 a free deer hunting license pursuant to this paragraph shall 10 pay a one dollar fee for each license that shall be used 11 and is appropriated for the purpose of deer herd population 12 management, including assisting with the cost of processing 13 deer donated to the help us stop hunger program administered 14 by the commission. 15 Sec. ___. Section 483A.24, subsection 2, paragraph d, Code 16 2017, is amended to read as follows: 17 d. In addition to the free deer hunting licenses received 18 pursuant to paragraph “c” , an owner of a farm unit or a 19 member of the owner’s family and the tenant or a member of the 20 tenant’s family may purchase a deer hunting license for any 21 option offered to paying deer hunting licensees. An owner of a 22 farm unit or a member of the owner’s family and the tenant or a 23 member of the tenant’s family may also purchase two additional 24 antlerless deer hunting licenses which are valid only on the 25 farm unit for a fee of ten dollars each established by rules 26 adopted pursuant to section 483A.1 . 27 Sec. ___. Section 483A.24, subsection 3, paragraph a, Code 28 2017, is amended to read as follows: 29 a. Fifty of the nonresident deer hunting licenses shall be 30 allocated as requested by a majority of a committee consisting 31 of the majority leader of the senate, speaker of the house 32 of representatives, and director of the economic development 33 authority, or their designees. The licenses provided pursuant 34 to this subsection shall be in addition to the number of 35 -9- SF516.2621 (1) 87 tm/rn 9/ 12
nonresident licenses authorized pursuant to section 483A.8 . 1 The purpose of the special nonresident licenses is to allow 2 state officials and local development groups to promote the 3 state and its natural resources to nonresident guests and 4 dignitaries. Photographs, videotapes, or any other form 5 of media resulting from the hunting visitation shall not 6 be used for political campaign purposes. The nonresident 7 licenses shall be issued without application upon purchase of a 8 nonresident annual hunting license that includes the wildlife 9 habitat fee and the purchase of a nonresident deer hunting 10 license. The licenses are valid in all zones open to deer 11 hunting. The hunter education certificate requirement pursuant 12 to section 483A.27 is waived for a nonresident issued a license 13 pursuant to this subsection . 14 Sec. ___. Section 483A.24, subsection 4, paragraph a, Code 15 2017, is amended to read as follows: 16 a. Fifty of the nonresident wild turkey hunting licenses 17 shall be allocated as requested by a majority of a committee 18 consisting of the majority leader of the senate, speaker of 19 the house of representatives, and director of the economic 20 development authority, or their designees. The licenses 21 provided pursuant to this subsection shall be in addition 22 to the number of nonresident licenses authorized pursuant 23 to section 483A.7 . The purpose of the special nonresident 24 licenses is to allow state officials and local development 25 groups to promote the state and its natural resources to 26 nonresident guests and dignitaries. Photographs, videotapes, 27 or any other form of media resulting from the hunting 28 visitation shall not be used for political campaign purposes. 29 The nonresident licenses shall be issued without application 30 upon purchase of a nonresident annual hunting license that 31 includes the wildlife habitat fee and the purchase of a 32 nonresident wild turkey hunting license. The licenses are 33 valid in all zones open to wild turkey hunting. The hunter 34 education certificate requirement pursuant to section 483A.27 35 -10- SF516.2621 (1) 87 tm/rn 10/ 12
is waived for a nonresident issued a license pursuant to this 1 subsection . 2 Sec. ___. Section 483A.24, subsection 16, Code 2017, is 3 amended to read as follows: 4 16. Upon payment of the fee of five dollars established by 5 rules adopted pursuant to section 483A.1 for a lifetime fishing 6 license or lifetime hunting and fishing combined license, the 7 department shall issue a lifetime fishing license or lifetime 8 hunting and fishing combined license to a resident of Iowa 9 who has served in the armed forces of the United States on 10 federal active duty and who was disabled or was a prisoner of 11 war during that veteran’s military service. The department 12 shall prepare an application to be used by a person requesting 13 a lifetime fishing license or lifetime hunting and fishing 14 combined license under this subsection . The department of 15 veterans affairs shall assist the department in verifying the 16 status or claims of applicants under this subsection . As used 17 in this subsection , “disabled” means entitled to a service 18 connected rating under 38 U.S.C. ch. 11. 19 Sec. ___. Section 483A.28, subsection 4, Code 2017, is 20 amended to read as follows: 21 4. Any person who is issued a valid fishing license pursuant 22 to this chapter may fish with a third line as provided in 23 section 481A.72 only upon the annual purchase of a third line 24 fishing permit as provided in rules adopted pursuant to section 25 483A.1 . 26 Sec. ___. Section 717F.7, subsection 3, Code 2017, is 27 amended to read as follows: 28 3. A person who keeps falcons, if the person has been issued 29 a falconry license by the department of natural resources 30 pursuant to rules adopted pursuant to section 483A.1 . 31 Sec. ___. Section 805.8B, subsection 3, paragraph o, 32 unnumbered paragraph 1, Code 2017, is amended to read as 33 follows: 34 For violations of rules adopted pursuant to section 483A.1 35 -11- SF516.2621 (1) 87 tm/rn 11/ 12
relating to licenses and permits, the scheduled fines are as 1 follows: 2 Sec. ___. RULEMAKING. The natural resource commission 3 shall submit a notice of intended action to the administrative 4 rules coordinator and the administrative code editor pursuant 5 to section 17A.4, subsection 1, not later than July 14, 2017, 6 for the adoption of rules establishing fees pursuant to section 7 483A.1, subsection 1, as enacted by this division of this Act. 8 Such rules shall be effective December 15, 2017. 9 Sec. ___. EFFECTIVE DATES —— TRANSITION. 10 1. With the exception of the section relating to rulemaking 11 and the submission of a notice of intended action, this 12 division of this Act takes effect December 15, 2017. A license 13 issued or in effect prior to December 15, 2017, is subject to 14 the provisions of Code 2017. This division of this Act does 15 not affect the validity of a license issued prior to December 16 15, 2017. 17 2. The section of this division of this Act relating to 18 rulemaking and the submission of a notice of intended action, 19 being deemed of immediate importance, takes effect upon 20 enactment. > 21 2. By renumbering as necessary. 22 ______________________________ DAVID JOHNSON -12- SF516.2621 (1) 87 tm/rn 12/ 12 #2.