House File 2612 - Enrolled

PAG LIN

1	1	DIVISION I
1	2	COUNTY RESOURCE ENHANCEMENT COMMITTEE
1	3	Section 1.	Section 455A.20, subsection 1, paragraphs a and
1	4 b, Code 2007, are amended to read as follows:
1	5	a.	The chairpersons of the board of supervisors, county
1	6 conservation board, commissioners of the soil and water
1	7 district, and board of directors of each school district in
1	8 the county.	A chairperson may appoint a member of the
  1  9 chairperson's board or commission as the chairperson's
1 10 designee to serve on the committee.	The chairperson or
1 11 designee of a school district shall be a member of the county
1 12 committee of the county in which a majority or the largest
1 13 plurality of the district's students reside.
1 14	b.	The mayor or the mayor's designee of each city in a
1 15 county.	The mayor's designee shall be a member of the city
  1 16 council.	If a city is located in more than one county, the
1 17 membership shall be on the county committee of the county in
1 18 which the largest population of the city resides.
1 19	Sec. 2.	Section 455A.20, subsection 1, paragraph e, Code
1 20 2007, is amended to read as follows:
1 21	e.  (1)  A representative of each of the following
  1 22 entities:
1 23	(a)  A historic preservation commission or similar entity
  1 24 established by a county or city in the county.
1 25	(b)  A private organization that provides recognition and
  1 26 protection for the historic buildings, structures, sites, and
  1 27 districts in a county or a city in the county.
1 28	(c)  A historic museum or organization that maintains a
  1 29 collection of documents relating to the history of a county or
  1 30 a city in the county.
31	(2)  A representative shall be appointed by the county's
  1 32 board of supervisors.  If the board appoints a person
  1 33 representing an entity established by a city in the county,
  1 34 the board shall consult with the city authority that
  1 35 established the entity.
1	e.	f.	If a question arises as to whether a recognized
2	2 county organization exists under paragraph "c" or "d", the
2	3 question shall be decided by a majority vote of the members
2	4 selected under paragraphs "a" and "b", excluding the
2	5 representative of the county conservation board.	Sections
2	6 69.16 and 69.16A do not apply to appointments made pursuant to
2	7 this subsection.
2	8	DIVISION II
2	9	OPERATION OF ALL=TERRAIN
2 10	VEHICLES AND
2 11	RIDING AREAS AND TRAILS FOR ALL=TERRAIN VEHICLES
2 12	Sec. 3.	Section 321I.2, Code 2007, is amended by adding
2 13 the following new subsection:
2 14	NEW SUBSECTION.	9.	The operation or maintenance of
2 15 designated riding areas and designated riding trails.
2 16	Sec. 4.	Section 321I.14, subsection 3, Code Supplement
2 17 2007, is amended to read as follows:
2 18	3.	a.	A person shall not operate an all=terrain vehicle
2 19 with more persons on the vehicle than it was designed to
2 20 carry.
2 21	b.  Paragraph "a" does not apply to a person who operates
  2 22 an all=terrain vehicle as part of a farm operation as defined
  2 23 in section 352.2.
2 24	Sec. 5.	NEW SECTION.	321I.15A	CIVIL PENALTY AND
2 25 RESTITUTION.
2 26	Upon conviction for a violation of section 321I.14,
2 27 subsection 1, paragraph "e", "f", or "g", the defendant, in
2 28 addition to any other penalty including the criminal penalty
2 29 provided in section 321I.15, shall be subject to civil
2 30 remedies as follows:
2 31	1.	a.	The court may assess the defendant a civil penalty
2 32 of two hundred fifty dollars.	The civil penalty shall be
2 33 deposited in the special all=terrain vehicle fund created
2 34 pursuant to section 321I.8.
35	b.	The court may order the defendant to pay restitution to
1 the titleholder of land for damages caused by the defendant's
3	2 violation, to the extent that the titleholder consents to
3	3 joining the action, and the titleholder's damages are

3	4 established at trial.	If the titleholder is the state, the
3	5 amount of restitution ordered to be paid by the court shall be
3	6 deposited in the special all=terrain vehicle fund created
3	7 pursuant to section 321I.8.	If the titleholder is a
3	8 governmental entity other than the state, the moneys shall be
3	9 paid to the governmental entity for deposit in any fund or
3 10 account from which moneys are used for the maintenance,
3 11 repair, or improvement of the land where the damage occurred.
3 12	2.	The attorney general or a county attorney who
3 13 prosecutes the criminal violation shall execute the civil
3 14 judgment, in cooperation with the commission, as any other
3 15 civil judgment.
3 16	DIVISION III
3 17	CONSTRUCTION ON STATE=OWNED OR STATE=MANAGED LAND OR WATERS
3 18	Sec. 6.	Section 461A.4, Code 2007, is amended to read as
3 19 follows:
3 20	461A.4	CONSTRUCTION PERMIT == RULES == OF STRUCTURES AND
  3 21 OPERATION OF COMMERCIAL CONCESSIONS.
3 22	1.  a.	A person, association, or corporation shall not
3 23 build or erect any construct a structure including but not
  3 24 limited to a pier, wharf, sluice, piling, wall, fence,
3 25 obstruction, erection, or building, or erection of any kind
3 26 upon or over any state=owned or state=managed land or water
3 27 under the jurisdiction of the commission, without first
3 28 obtaining from the commission a written permit.	A permit, in
3 29 matters relating to or in any manner affecting flood control,
3 30 shall not be issued without approval of the environmental
3 31 protection commission of the department.	A person shall not

3 32 construct or maintain

or erect any a structure beyond the line

3 33 of private ownership along or upon the shores of state=owned
3 34 or state=managed waters in a manner to obstruct the passage of
35 pedestrians along the shore between the ordinary high=water
1 mark and the water's edge, except by permission of the
4	2 commission.
4	3	b.	It shall be the duty of the The commission to shall
4	4 adopt and enforce rules governing and regulating the building
  4  5 or erection construction of any such pier, wharf, sluice,
  4  6 piling, wall, fence, obstruction, building or erection of any
  4  7 kind, and said a structure as provided in this subsection.
  4  8 The commission may prohibit, or restrict its construction, or
4	9 order the removal thereof owner to remove the structure, when

4 10 in the judgment of said commission determines that it

will be

  4 11 for is in the best interest of the public.	The commission
  4 12 shall comply with the provisions of chapter 17A when issuing
  4 13 an order under this section.
4 14	Any person, firm, association, or corporation violating any
  4 15 of the provisions of this section or any rule adopted by the
  4 16 commission under the authority of this section shall be guilty
  4 17 of a simple misdemeanor.
4 18	2.	A person, association, or corporation shall not operate
4 19 a commercial concession in a park, forest, fish and wildlife
4 20 area, or recreation area under the jurisdiction of the
4 21 department without first entering into a written contract with
4 22 the department.	The contract shall state the consideration
4 23 and other terms under which the concession may be operated.
4 24 The department may cancel or, in an emergency, suspend a
4 25 concession contract for the protection of the public health,
4 26 safety, morals, or welfare.
4 27	Sec. 7.	NEW SECTION.	461A.5A	INJUNCTIVE RELIEF.
4 28	If it appears to the department that a person is violating
4 29 or about to violate a provision of section 461A.4 or refuses
4 30 to comply with an order issued by the commission pursuant to
4 31 section 461A.4, the department may refer the matter to the
4 32 attorney general, who may bring an action in the district
4 33 court in any county of the state for an injunction to restrain
4 34 the person from committing the violation.	Upon a proper
35 showing, the court may order a permanent or temporary 5	1
2 injunction.	The state shall not be required to post a bond.
5	3	Sec. 8.	NEW SECTION.	461A.5B	PENALTIES.
5	4	1.	Except as provided in subsection 2, a person who
5	5 violates a provision of section 461A.4 or of a departmental
5	6 rule or refuses to comply with an order issued by the
5	7 commission pursuant to section 461A.4 is guilty of a simple
5	8 misdemeanor.
5	9	2.	The state may proceed against a person who violates a
5 10 provision of section 461A.4 or refuses to comply with an order
5 11 issued by the commission pursuant to section 461A.4 by
5 12 initiating an alternative civil enforcement action in lieu of
5 13 a criminal prosecution.	The amount of the civil penalty shall
5 14 not exceed five thousand dollars.	Each day of a violation

5 15 shall be considered a separate offense.	The alternative civil
5 16 enforcement action may be brought against the person as a
5 17 contested case proceeding by the department under chapter 17A
5 18 if the amount of the civil penalty is not more than ten
5 19 thousand dollars or as a civil judicial proceeding by the
5 20 attorney general upon referral by the department.	In a
5 21 contested case proceeding, the department may impose, assess,
5 22 and collect the civil penalty.
5 23	Sec. 9.	Section 461A.6, Code 2007, is amended to read as
5 24 follows:
5 25	461A.6	COSTS == LIEN.
5 26	The cost of such removal removing a structure as provided

  5 27 in section 461A.4 shall be paid

by the its owner of said pier,

  5 28 wharf, sluice, piling, wall, fence, obstruction, erection or
  5 29 building, and the state shall have a lien upon the property
5 30 removed for such costs for the cost of removal.	Said The
5 31 costs shall be payable at the time of removal and such lien
5 32 may be enforced and foreclosed, as provided for the
5 33 foreclosure of security interests in uniform commercial code,
5 34 chapter 554, article 9, part 6.
35	Sec. 10.	Section 461A.5, Code 2007, is repealed.
1	DIVISION IV
6	2	WATER SAFETY
6	3	Sec. 11.	Section 462A.12, Code Supplement 2007, is amended
6	4 by adding the following new subsection:
6	5	NEW SUBSECTION.	15.	A person shall not operate a vessel
6	6 on the waters of this state under the jurisdiction of the
6	7 commission unless every person on board the vessel who is
6	8 under thirteen years of age is wearing a type I, II, III, or V
6	9 personal flotation device, including "float coats" that meet
6 10 this definition, that is approved by the United States coast
6 11 guard, while the vessel is under way.	This subsection does
6 12 not apply when the person under thirteen years of age is in an
6 13 enclosed cabin or below deck, or is a passenger on a
6 14 commercial vessel with a passenger capacity of twenty=five
6 15 persons or more.
6 16	Sec. 12.	WARNING CITATIONS == TWELVE=MONTH PERIOD.	During
6 17 the twelve=month period beginning on the effective date of
6 18 section 462A.12, subsection 15, as enacted in this division of
6 19 this Act, peace officers shall issue only warning citations
6 20 for a violation of such subsection.
6 21	Sec. 13.	EFFECTIVE DATE.	This division of this Act, being
6 22 deemed of immediate importance, takes effect upon enactment.
6 23	DIVISION V
6 24	DRIVING OVER ICE
6 25	Sec. 14.	Section 462A.33, Code 2007, is amended to read as
6 26 follows:
6 27	462A.33	DRIVING OVER ICE.
6 28	1.	A person operating a craft or vehicle operating
6 29 propelled by sail or by machinery in whole or in part shall
  6 30 not operate the craft or vehicle on the surface of ice on the
6 31 lakes and streams of this state including but not limited to
6 32 boundary streams and lakes and propelled by sail or by
  6 33 machinery in whole or in part, except unless the commission
  6 34 issues the person a permit.
35	2.  Subsection 1 does not apply to automobiles, motorcycles
1 and, or trucks registered under chapter 321; or snowmobiles
7	2 registered under chapter 321G; or all=terrain vehicles,
  7  3 off=road motorcycles, or off=road utility vehicles registered
  7  4 under 321I, when they any of those vehicles are used without
7	5 endangering public safety, shall not be operated without a
  7  6 permit issued by the commission for the operation.	A permit
  7  7 may be revoked by the commission if the craft or vehicle is
  7  8 operated in a careless manner which endangers others.
7	9	3.	Except when authorized by a permit for a special event,
7 10 persons shall not operate automobiles, motorcycles, and trucks
7 11 when used, all=terrain vehicles, off=road motorcycles, or
  7 12 off=road utility vehicles on the ice of waters under the
7 13 jurisdiction of the commission shall not exceed fifteen miles
  7 14 per hour and shall be operated in a at a rate of speed greater
  7 15 than is reasonable and prudent manner or proper under all
  7 16 existing circumstances.
7 17	4.  A permit issued by the commission pursuant to this
  7 18 section may be suspended or revoked by the commission if a
  7 19 craft or vehicle is operated in a careless manner which
  7 20 endangers others.
7 21	DIVISION VI
7 22	REPORTING HUNTING INCIDENTS
7 23	Sec. 15.	Section 481A.18, Code 2007, is amended to read as
7 24 follows:
7 25	481A.18	HUNTING ACCIDENTS INCIDENTS == MANDATORY

7 26 REPORTING.
7 27	A This section applies to a person who is involved in a
7 28 hunting accident incident with a firearm and the accident or a
  7 29 fall from a device that allows or assists a person to hunt
  7 30 from an elevated location, if the hunting incident results in
7 31 an injury to a person, or property damage exceeding one
7 32 hundred dollars,.  The person shall report the accident
7 33 hunting incident to the sheriff's office in the county where
7 34 the accident hunting incident occurred or to the department
35 within twelve hours after the accident hunting incident
1 occurred.	If However, if an injury in caused by the accident
8	2 hunting incident prevents timely reporting, the person shall
  8  3 make the report shall be made as soon as practicable.	Failure
8	4 A person who fails to report the hunting incident as required
8	5 in this section is guilty of a simple misdemeanor.
8	6	DIVISION VII
8	7	RECIPROCITY
8	8	Sec. 16.	Section 481A.19, Code 2007, is amended to read as
8	9 follows:
8 10	481A.19	RECIPROCITY OF STATES.
8 11	1.  a.	Any person licensed by the authorities authority of
8 12 Illinois, Minnesota, Missouri, Wisconsin, Nebraska, and or
8 13 South Dakota to take fish, game, mussels, or fur=bearing
8 14 animals from or in the waters forming the boundary between
8 15 such states state and Iowa, may take them such fish, game,
  8 16 mussels, or fur=bearing animals from that portion of said
8 17 waters lying within the territorial jurisdiction of this
8 18 state, without having procured a license therefor for it from
8 19 the director of this state, in the same manner that persons
8 20 holding Iowa licenses may do, if the laws of Illinois,
8 21 Minnesota, Missouri, Wisconsin, Nebraska, or South Dakota,
8 22 respectively, extend a similar privilege to persons so
8 23 licensed under the laws of Iowa.
24	b.  Any person licensed by the authority of Illinois,
  8 25 Minnesota, Missouri, Wisconsin, Nebraska, or South Dakota to
  8 26 take fish, game, mussels, or fur=bearing animals from or in
  8 27 lands under the jurisdiction of any of those states may take
  8 28 such fish, game, mussels, or fur=bearing animals from or in
  8 29 lands under the jurisdiction of the commission when such land
  8 30 is wholly surrounded by that respective state, without having
  8 31 procured a license from the director of this state, in the
  8 32 same manner that persons holding Iowa licenses may do, if the
  8 33 laws of Illinois, Minnesota, Missouri, Wisconsin, Nebraska, or
  8 34 South Dakota, respectively, extend a similar privilege to
  8 35 persons so licensed under the laws of Iowa.
1	2.  Any privileges conferred by this section shall be
  9  2 subject to a reciprocal agreement as negotiated by the
  9  3 commission and the authority of a state provided in subsection
  9  4 1 which confers upon a licensee of this state reciprocal
  9  5 rights, privileges, and immunities as provided in section
  9  6 483A.31.
9	7	Sec. 17.	Section 483A.31, Code 2007, is amended to read as
9	8 follows:
9	483A.31	RECIPROCAL FISHING PRIVILEGES AUTHORIZED.
9 10	1.	Reciprocal fishing, hunting, or trapping privileges are
9 11 contingent upon a grant of similar privileges by another state
9 12 to residents of this state.
9 13	2.	The commission may negotiate fishing, hunting, or
  9 14 trapping reciprocity agreements with other states.
9 15	3.	When another state confers upon fishing, hunting, or
  9 16 trapping licensees of this state reciprocal rights,
9 17 privileges, and immunities, a fishing, hunting, or trapping
9 18 license issued by that state entitles the licensee to all
9 19 rights, privileges, and immunities in the public waters or
  9 20 public lands of this state enjoyed by the holders of
9 21 equivalent licenses issued by this state, subject to duties,
9 22 responsibilities, and liabilities imposed on its own licensees
9 23 by the laws of this state.
9 24	DIVISION VIII
9 25	SPECIAL HUNTING AND FISHING LICENSES
9 26	Sec. 18.	Section 483A.24, subsection 13, Code Supplement
9 27 2007, is amended to read as follows:
9 28	13.	Upon payment of the fee of five dollars for a lifetime
9 29 fishing license or lifetime hunting and fishing combined
9 30 license, the department shall issue a lifetime fishing license
9 31 or lifetime hunting and fishing combined license to a resident
9 32 of Iowa who is a veteran, as defined in section 35.1, or has
9 33 served in the armed forces of the United States for a minimum
  9 34 aggregate of ninety days of on active federal service and who
9 35 was disabled or was a prisoner of war during that veteran's
1 military service.	The department shall prepare an application

10	2 to be used by a person requesting a lifetime fishing license
10	3 or lifetime hunting and fishing combined license under this
10	4 subsection.	The department of veterans affairs shall assist
10	5 the department in verifying the status or claims of applicants
10	6 under this subsection.	As used in this subsection, "disabled"
10	7 means entitled to compensation a service connected rating
10	8 under the United States Code, Title 38, ch. 11.
10	9	DIVISION IX
10 10	HUNTER EDUCATION TRAINING
10 11	Sec. 19.	Section 483A.27, subsections 1, 3, 6, and 11,
10 12 Code Supplement 2007, are amended to read as follows:
10 13	1.	A person born after January 1, 1972, shall not obtain a
10 14 hunting license unless the person has satisfactorily completed
10 15 a hunter safety and ethics education course approved by the
10 16 commission.	A person who is eleven years of age or more may
10 17 enroll in an approved hunter safety and ethics education
10 18 course, but a person who is eleven years of age and who has
10 19 successfully completed the course shall be issued a
10 20 certificate of completion which becomes valid on the person's
10 21 twelfth birthday.	A certificate of completion from an
10 22 approved hunter safety and ethics education course issued in
10 23 this state since 1960, or a certificate issued by another
10 24 state, or by a foreign nation, country, or province that meets
 10 25 the standards adopted by the international hunter education
 10 26 association is valid for the requirements of this section.
10 27	3.	The department shall provide a manual on regarding
10 28 hunter safety and ethics education which shall be used by all
10 29 instructors and persons receiving hunter safety and ethics
10 30 education training in this state.	The department may produce
 10 31 the manual in a print or electronic format accessible from a
 10 32 computer, including from a data storage device or the
 10 33 department's internet site.
34	6.	A public or private school accredited pursuant to
 10 35 section 256.11 or an organization approved by the department
1 may co=operate cooperate with the department in providing a
11	2 course in hunter safety and ethics education or shooting
 11  3 sports activities as provided in this section.
11	4	11.	A hunter safety and ethics An instructor certified by
11	5 the department shall be allowed to conduct an a departmental
11	6 approved hunter safety and ethics education course or shooting
 11  7 sports activities course on public school property with the
11	8 approval of a majority of the board of directors of the school
11	9 district.	The conduct of Conducting an approved hunter safety
11 10 and ethics education course or shooting sports activities
 11 11 course is not a violation of any public policy, rule,
11 12 regulation, resolution, or ordinance which prohibits the
11 13 possession, display, or use of a firearm, bow and arrow, or
11 14 other hunting weapon on public school property or other public
11 15 property in this state.
11 16	DIVISION X
11 17	USE OF LASER SIGHTS BY BLIND HUNTERS
11 18	Sec. 20.	Section 481A.93, subsection 2, Code 2007, is
11 19 amended to read as follows:
11 20	2.	This section does not apply to deer any of the
 11 21 following:
11 22	a.  Deer being taken by or under the control of a local
11 23 governmental body within its corporate limits pursuant to an
11 24 approved special deer population control plan.
11 25	b.  A person who is totally blind using a laser sight on a
 11 26 bow or gun while hunting, if all of the following apply:
11 27	(1)  The person's total blindness is supported by medical
 11 28 evidence produced by an eye care professional who is an
 11 29 ophthalmologist, optometrist, or medical doctor.  The eye care
 11 30 professional must certify that the person has no vision or
 11 31 light perception in either eye.  The certification must be
 11 32 carried on the person of the totally blind person and made
 11 33 available for inspection by the department.
34	(2)  The totally blind person is accompanied and aided by a
 11 35 person who is at least eighteen years of age and whose vision
 12  1 is not seriously impaired.  The accompanying person must have
 12  2 a hunting license and pay the wildlife habitat fee as provided
 12  3 in section 483A.1 if applicable.  During the hunt, the
 12  4 accompanying adult must be within arm's reach of the totally
 12  5 blind person, and must be able to identify the target and the
 12  6 location of the laser sight beam on the target.  A person
 12  7 other than the totally blind person shall not shoot the laser

12	9		DIVISION XI	
12 10		TRESPASSING WHILE HUNTING	
12 11	Sec. 21.	Section 716.8, subsection 5, Code Supplement	

 12  8 sight=equipped gun or bow.

12 2007, is amended to read as follows:

12 13	5.	A person who commits a trespass as defined in section
 12 14 716.7, subsection 2, paragraph "a", and takes a while hunting
12 15 deer, other than a farm deer as defined in section 170.1 or
12 16 preserve whitetail as defined in section 484C.1, commits a
 12 17 simple misdemeanor.  The person shall also be subject to civil
12 18 penalties as provided in sections 481A.130 and 481A.131.	A
12 19 deer taken by a person while committing such a trespass shall
12 20 be subject to seizure as provided in section 481A.12.
12 21	DIVISION XII
12 22	CITATION IN LIEU OF ARREST
12 23	Sec. 22.	Section 805.8B, subsection 5, Code Supplement
12 24 2007, is amended to read as follows:
12 25	5.	AQUATIC INVASIVE SPECIES VIOLATIONS.	For violations of
12 26 section 456A.37, subsection 5, the scheduled fine is one five
12 27 hundred dollars.
12 28 HF 2612
12 29 da/jg/25