Senate File 2160
SENATE FILE
BY DEARDEN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to approving the establishment of an open season
2 for the taking and possession of mourning doves at a county
3 general election and providing penalties.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5860SS 80
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PAG LIN
1 1 Section 1. Section 481A.48, subsection 1, Code 2003, is
1 2 amended to read as follows:
1 3 1. No A person, except as otherwise provided by law, shall
1 4 not willfully disturb, pursue, shoot, kill, take, or attempt
1 5 to take or have in possession any of the following game birds
1 6 or animals except within the open season established by the
1 7 commission: Gray or fox squirrel, bobwhite quail, cottontail
1 8 or jack rabbit, duck, snipe, pheasant, goose, woodcock,
1 9 partridge, mourning dove, coot, rail, ruffed grouse, wild
1 10 turkey, pigeons, or deer. The seasons, bag limits, possession
1 11 limits, and locality shall be established by the department or
1 12 commission under the authority of sections 456A.24, 481A.38,
1 13 and 481A.39, except that the locality of an open season for
1 14 the taking and possession of mourning doves shall be
1 15 established by the commission only as provided in subsection
1 16 1A.
1 17 1A. a. An open season for mourning doves shall be
1 18 established by the commission in a county only if the county
1 19 electorate first approves the establishment of such an open
1 20 season at a general election. The board of supervisors, upon
1 21 receipt of a petition containing one hundred signatures, shall
1 22 direct the commissioner of elections to submit to the
1 23 registered voters of the county a proposition to approve or
1 24 disapprove the establishment by the commission of an open
1 25 season in the county for the taking and possession of mourning
1 26 doves. To be placed on the ballot at the next general
1 27 election, the petition must be received by the board of
1 28 supervisors at least five working days before the last day for
1 29 candidates for county offices to file nomination papers for
1 30 the general election pursuant to section 44.4. If a majority
1 31 of the county voters voting on the proposition favor the
1 32 establishment of an open season for the taking and possession
1 33 of mourning doves, the commission shall establish such an open
1 34 season in that county as provided in this section. If a
1 35 majority of the county voters voting on the proposition do not
2 1 favor the establishment of an open season for the taking and
2 2 possession of mourning doves, such an open season shall not be
2 3 established by the commission in that county.
2 4 b. Authority for an open season for the taking and
2 5 possession of mourning doves in a county may be subsequently
2 6 withdrawn by petition and election in the same manner as
2 7 provided in paragraph "a".
2 8 c. After a proposition for an open season on the taking
2 9 and possession of mourning doves has been approved or
2 10 disapproved in a county, another petition and election on such
2 11 a proposition shall not be held for at least two years.
2 12 EXPLANATION
2 13 This bill includes mourning doves among the game birds for
2 14 which the natural resource commission of the department of
2 15 natural resources shall establish an open season, bag limit,
2 16 and possession limit pursuant to Code sections 456A.24,
2 17 481A.38, and 481A.39. The bill provides that the locality of
2 18 an open season for the taking and possession of mourning doves
2 19 shall be established by the commission only as provided in the
2 20 bill.
2 21 The bill provides that an open season on the taking and
2 22 possession of mourning doves in a county shall be established
2 23 by the commission only if the open season is approved by the
2 24 county electorate at a general election. The bill provides
2 25 that the board of supervisors, upon receipt of a petition
2 26 containing 100 signatures that is received at least five
2 27 working days before the last day for candidates for county
2 28 offices to file nomination papers for the general election
2 29 pursuant to Code section 44.4, shall direct the commissioner
2 30 of elections to place the proposition on the ballot to approve
2 31 or disapprove the establishment by the natural resource
2 32 commission of an open season for the taking and possession of
2 33 mourning doves in the county. The bill provides that the
2 34 proposition shall be approved or disapproved by a majority of
2 35 the county voters voting on the proposition.
3 1 The bill provides that the authority for an open season for
3 2 the taking and possession of mourning doves may be
3 3 subsequently withdrawn by petition and election in the same
3 4 manner as is provided for approval of the authority. The bill
3 5 also provides that after a proposition to establish such an
3 6 open season has been approved or disapproved, another petition
3 7 and election cannot be held on such a proposition for at least
3 8 two years.
3 9 A person who unlawfully takes and possesses a mourning dove
3 10 is guilty of a scheduled violation punishable by a scheduled
3 11 fine of $100 for out=of=season or over limit, or $50 for
3 12 attempting to take a mourning dove pursuant to Code section
3 13 805.8B, subsection 3, paragraph "h".
3 14 LSB 5860SS 80
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