House File 2535 - Introduced



                                       HOUSE FILE       
                                       BY  KAUFMANN


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

                                      A BILL FOR

  1 An Act relating to permits to conduct special events, festivals,
  2    and education programs in state parks and preserves.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6216HH 81
  5 av/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  461A.42A  SPECIAL EVENTS,
  1  2 FESTIVALS, AND EDUCATION PROGRAMS.
  1  3    1.  The commission shall establish, by rules adopted
  1  4 pursuant to chapter 17A, a procedure allowing a qualified
  1  5 entity to apply for a permit to conduct a special event,
  1  6 festival, or education program in a state park or preserve.
  1  7 Such a permit may authorize the discharge of firearms in
  1  8 connection with the special event, festival, or education
  1  9 program, as provided by the commission by rules adopted
  1 10 pursuant to chapter 17A.
  1 11    2.  An application for a permit issued pursuant to this
  1 12 section shall be submitted to the park management bureau of
  1 13 the department at least sixty days prior to the scheduled
  1 14 special event, festival, or education program, on forms
  1 15 furnished by the department.
  1 16    3.  If the application is for a permit authorizing the
  1 17 discharge of firearms at the special event, festival, or
  1 18 education program by the applicant or by another entity
  1 19 retained by the applicant, the applicant shall certify in the
  1 20 application that the discharge of firearms will be conducted
  1 21 by a competent person and shall submit other information
  1 22 concerning the proposed discharge of firearms, as required by
  1 23 the commission by rules adopted pursuant to chapter 17A.
  1 24    4.  If the discharge of firearms in a state park or
  1 25 preserve is authorized by the department pursuant to this
  1 26 section, the location of the discharge shall be determined by
  1 27 the park management bureau of the department.
  1 28    5.  A qualified entity that obtains a permit to conduct a
  1 29 special event, festival, or education program in a state park
  1 30 or preserve pursuant to this section is entitled to liability
  1 31 protection on the same basis as state employees under chapter
  1 32 669.
  1 33    6.  A permit issued pursuant to this section shall not be
  1 34 issued to an individual and is not transferable.  Issuance of
  1 35 a permit pursuant to this section does not relieve the
  2  1 qualified entity of any requirements to obtain other permits
  2  2 required by the state or a political subdivision.
  2  3    7.  For the purposes of this section, "qualified entity"
  2  4 means a community or civic organization established for the
  2  5 promotion and development of the arts, history, culture,
  2  6 ethnicity, historic preservation, tourism, economic
  2  7 development, or festivals.
  2  8                           EXPLANATION
  2  9    This bill creates a new Code section relating to issuance
  2 10 of permits allowing special events, festivals, and education
  2 11 programs to be conducted in state parks and preserves.
  2 12    The bill requires the natural resource commission to adopt
  2 13 rules establishing a procedure allowing a qualified entity to
  2 14 apply for a permit to conduct a special event, festival, or
  2 15 education program in a state park or preserve and to discharge
  2 16 firearms in connection therewith.  An application for such a
  2 17 permit is required to be submitted to the park management
  2 18 bureau of the department of natural resources at least 60 days
  2 19 prior to the scheduled special event, festival, or education
  2 20 program.
  2 21    The bill states that if the application is for a permit
  2 22 authorizing the discharge of firearms by the applicant or by
  2 23 another entity retained by the applicant, the applicant shall
  2 24 certify in the application that the discharge will be
  2 25 conducted by a competent person and submit other information
  2 26 concerning the proposed discharge of firearms, as required by
  2 27 the commission by rule.
  2 28    The bill provides that if the discharge of firearms is
  2 29 authorized, the location of the discharge shall be determined
  2 30 by the park management bureau.
  2 31    The bill provides that a qualified entity that receives
  2 32 such a permit is entitled to liability protection on the same
  2 33 basis as state employees under Code chapter 669.  The bill
  2 34 also provides that the permit cannot be issued to an
  2 35 individual, is not transferable, and does not relieve the
  3  1 permittee of any other requirements to obtain other permits
  3  2 required by the state or a political subdivision.
  3  3    For purposes of the bill, "qualified entity" means a
  3  4 community or civic organization established for the promotion
  3  5 and development of the arts, history, culture, ethnicity,
  3  6 historic preservation, tourism, economic development, or
  3  7 festivals.
  3  8 LSB 6216HH 81
  3  9 av:nh/je/5