House Study Bill 628

                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            NATURAL RESOURCES BILL
                                            BY CHAIRPERSON FREEMAN)


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the issuance of free deer and wild turkey
  2    hunting licenses to certain landowners and other persons.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6265HC 80
  5 av/sh/8

PAG LIN

  1  1    Section 1.  Section 483A.24, subsection 2, Code 2003, is
  1  2 amended to read as follows:
  1  3    2.  a.  As used in this subsection:
  1  4    (1)  "Agricultural land" means land in tracts of ten acres
  1  5 or more, excluding any buildings or structures, that has in
  1  6 the aggregate more than one=half of the acres devoted to the
  1  7 production of crops or livestock or that is enrolled in a
  1  8 long=term agricultural land retirement program of the federal
  1  9 government.
  1 10    (1) (2)  "Family member" means a resident of Iowa who is
  1 11 the spouse or child of the owner or tenant and who resides
  1 12 with the owner or tenant.
  1 13    (2)  "Farm unit" means all parcels of land, not necessarily
  1 14 contiguous, which are operated as a unit for agricultural
  1 15 purposes and which are under the lawful control of the owner
  1 16 or tenant.
  1 17    (3)  "Owner" means an owner of a farm unit a person who is
  1 18 a resident of Iowa and who is one of the following:
  1 19    (a)  Is the sole operator of the farm unit A person who
  1 20 holds fee simple title to agricultural land.
  1 21    (b)  Makes all of the farm operation decisions but
  1 22 contracts for custom farming or hires labor for all or part of
  1 23 the work on the farm unit.  A person who owns agricultural
  1 24 land under a contract of purchase that has been recorded in
  1 25 the office of the county recorder of the county in which the
  1 26 agricultural land is located.
  1 27    (c)  Participates annually in farm operation decisions or
  1 28 cropping practices on specific fields of the farm unit that
  1 29 are rented to a tenant.  A person who is a shareholder,
  1 30 partner, member, or beneficiary of a person who holds fee
  1 31 simple title to agricultural land or owns agricultural land
  1 32 under a contract of purchase that has been recorded in the
  1 33 office of the county recorder of the county in which the
  1 34 agricultural land is located.
  1 35    (d)  Raises specialty crops on the farm unit including, but
  2  1 not limited to, orchards, nurseries, or tree farms that do not
  2  2 always produce annual income but require annual operating
  2  3 decisions about maintenance or improvement.
  2  4    (e)  Has all or part of the farm unit enrolled in a long=
  2  5 term agricultural land retirement program of the federal
  2  6 government.
  2  7    An "owner" does not mean a person who owns a farm unit and
  2  8 who employs a farm manager or third party to operate the farm
  2  9 unit, or a person who owns a farm unit and who rents the
  2 10 entire farm unit to a tenant who is responsible for all farm
  2 11 operations.  However, this paragraph does not apply to an
  2 12 owner who is a parent of the tenant and who resides in this
  2 13 state.
  2 14    (4)  "Tenant" means a person who is a resident of Iowa and
  2 15 who rents and actively farms a farm unit agricultural land
  2 16 owned by another person.  A member of the owner's family may
  2 17 be a tenant.  A person who works on the farm agricultural land
  2 18 for a wage and is not a family member does not qualify as a
  2 19 tenant.
  2 20    b.  Upon written application on forms furnished by the
  2 21 department, the department shall issue annually without fee
  2 22 one up to two deer or licenses and one wild turkey license, or
  2 23 both, to the an owner of a farm unit or to a member of the
  2 24 owner's family, but not to both, and to the tenant or to a
  2 25 member of the tenant's family, but not to both.  The deer
  2 26 hunting license licenses or wild turkey hunting license issued
  2 27 shall be valid only on the farm unit agricultural land for
  2 28 which an applicant qualifies pursuant to this subsection and
  2 29 shall be equivalent to the least restrictive license issued
  2 30 under section 481A.38.  The owner or the tenant need not
  2 31 reside on the farm unit agricultural land to qualify for a
  2 32 free license to hunt on that farm unit agricultural land.  A
  2 33 free deer hunting license issued pursuant to this subsection
  2 34 shall be valid during all shotgun deer seasons.
  2 35    c.  In addition to the free deer hunting license licenses
  3  1 received, an owner of a farm unit or a member of the owner's
  3  2 family and the tenant or a member of the tenant's family may
  3  3 purchase a deer hunting license for any option offered to
  3  4 paying deer hunting licensees.  An owner of a farm unit or a
  3  5 member of the owner's family and the tenant or a member of the
  3  6 tenant's family may also purchase two additional antlerless
  3  7 deer hunting licenses which are valid only on the farm unit
  3  8 agricultural land for which the applicant qualifies pursuant
  3  9 to this subsection, for a fee of ten dollars each.
  3 10    d.  If the commission establishes a deer hunting season to
  3 11 occur in the first quarter of a calendar year that is separate
  3 12 from a deer hunting season that continues from the last
  3 13 quarter of the preceding calendar year, each owner and each
  3 14 tenant of a farm unit agricultural land located within a zone
  3 15 where a deer hunting season is established, upon application,
  3 16 shall be issued a free deer hunting license for each of the
  3 17 two calendar quarters.  Each license is valid only for hunting
  3 18 on the farm unit of the owner and tenant agricultural land for
  3 19 which the applicant qualifies pursuant to this subsection.
  3 20                           EXPLANATION
  3 21    This bill relates to the issuance of special free deer and
  3 22 wild turkey hunting licenses to certain landowners and tenants
  3 23 and their families, by redefining who is an owner and what
  3 24 type of land qualifies owners, tenants, and their families for
  3 25 the special free licenses.
  3 26    The bill provides that "owner" means a person who is a
  3 27 resident of Iowa and who holds fee simple title to
  3 28 agricultural land, owns agricultural land under a contract of
  3 29 purchase that has been recorded in the office of the county
  3 30 recorder of the county in which the agricultural land is
  3 31 located, or is a shareholder, partner, member, or beneficiary
  3 32 of a person who holds fee simple title to agricultural land or
  3 33 owns agricultural land under a contract of purchase that has
  3 34 been recorded in the office of the county recorder of the
  3 35 county in which the agricultural land is located.  The bill
  4  1 provides that a "tenant" is a person who rents and actively
  4  2 farms agricultural land owned by another person.
  4  3    The bill provides that "agricultural land" means land in
  4  4 tracts of 10 acres or more, excluding any buildings or
  4  5 structures, that has in the aggregate more than one=half of
  4  6 the acres devoted to the production of crops or livestock, or
  4  7 that is enrolled in a long=term agricultural land retirement
  4  8 program of the federal government.
  4  9    The bill provides that an owner or a member of the owner's
  4 10 family and a tenant or a member of the tenant's family may
  4 11 upon application receive two free deer licenses and one free
  4 12 wild turkey license that are valid only on the agricultural
  4 13 land for which the applicant qualifies under the bill.
  4 14 Currently, an owner or a member of the owner's family and a
  4 15 tenant or a member of the tenant's family may each receive one
  4 16 free deer license and one free wild turkey license.
  4 17 LSB 6265HC 80
  4 18 av/sh/8