House File 282 - Introduced
HOUSE FILE
BY COMMITTEE ON NATURAL
RESOURCES
(SUCCESSOR TO HSB 92)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to various conservation and recreation activities
2 under the purview of the department of natural resources,
3 modifying fees, and making penalties applicable.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 455A.4, subsection 1, paragraph j, Code
1 2 2005, is amended by striking the paragraph.
1 3 Sec. 2. Section 456A.37, subsection 1, paragraph c, Code
1 4 2005, is amended to read as follows:
1 5 c. "Aquatic invasive species" means a species that is not
1 6 native to an ecosystem and whose introduction causes or is
1 7 likely to cause economic or environmental harm or harm to
1 8 human health including but not limited to habitat alteration
1 9 and degradation, and loss of biodiversity. For the purposes
1 10 of this section, "aquatic invasive species" are limited to
1 11 Eurasian water milfoil, purple loosestrife, and zebra mussels,
1 12 except as provided in subsection 4 and those species
1 13 identified as "aquatic invasive species" by the commission by
1 14 rule.
1 15 Sec. 3. Section 456A.37, subsection 4, unnumbered
1 16 paragraph 2, Code 2005, is amended to read as follows:
1 17 c. If the commission determines that an additional species
1 18 should be defined as an "aquatic invasive species", the
1 19 species may shall be defined by the commission by rule as an
1 20 "aquatic invasive species" subject to enactment of the
1 21 definition by the general assembly at the next regular session
1 22 of the general assembly. Failure of the general assembly to
1 23 enact the definition pursuant to this paragraph constitutes a
1 24 nullification of the definition effective upon adjournment of
1 25 that next regular session of the general assembly.
1 26 Sec. 4. Section 461A.25, unnumbered paragraph 1, Code
1 27 2005, is amended to read as follows:
1 28 The commission may recommend that the executive council
1 29 lease property under the commission's jurisdiction. All
1 30 leases shall reserve to the public of the state the right to
1 31 enter upon the property leased for any lawful purpose. The
1 32 council may, if it approves the recommendation and the If a
1 33 lease is to be entered into is for a period of five years or
1 34 less, the director, upon approval by the commission, shall
1 35 execute the lease in on behalf of the state and commission.
2 1 If the recommendation is for a lease is to be entered into for
2 2 a period in excess of five years, with the exception of
2 3 agricultural lands specifically dealt with in Article I,
2 4 section 24, of the Constitution of the State of Iowa, the
2 5 council commission shall advertise for bids. If a bid is
2 6 accepted, the lease shall be let or executed by the council in
2 7 accordance with the most desirable bid. The commission may
2 8 accept bids and approve leases that the commission determines
2 9 are in the best interests of the state. A lease shall not be
2 10 executed for a term longer than fifty years. Any such
2 11 leasehold interest, including any improvements placed on it,
2 12 shall be listed on the tax rolls as provided in chapters 428
2 13 and 443; assessed and valued as provided in chapter 441; taxes
2 14 shall be levied on it as provided in chapter 444 and collected
2 15 as provided in chapter 445; and the leasehold interest is
2 16 subject to tax sale, redemption, and apportionment of taxes as
2 17 provided in chapters 446, 447 and 448. The lessee shall
2 18 discharge and pay all taxes.
2 19 Sec. 5. Section 462A.2, Code 2005, is amended by adding
2 20 the following new subsections:
2 21 NEW SUBSECTION. 8A. "Cut=off switch" means an operable
2 22 factory=installed or dealer=installed emergency cut=off engine
2 23 stop switch that is installed on a personal watercraft.
2 24 NEW SUBSECTION. 8B. "Cut=off switch lanyard" means the
2 25 cord used to attach the person of the operator of a personal
2 26 watercraft to the cut=off switch.
2 27 Sec. 6. Section 462A.7, subsections 1 and 2, Code 2005,
2 28 are amended to read as follows:
2 29 1. The operator of a vessel involved in a collision,
2 30 accident or other casualty an occurrence that results in
2 31 personal property damage or that results in the injury or
2 32 death of a person shall, so far as possible without serious
2 33 danger to the operator's own vessel, crew or passengers,
2 34 render to other persons affected by the collision, accident or
2 35 casualty occurrence, such assistance as may be practicable and
3 1 necessary to save them from or minimize any danger caused by
3 2 the collision, accident or other casualty occurrence. The
3 3 operator shall also give the operator's name, address, and
3 4 identification of the operator's vessel in writing to any
3 5 person injured and to the owner of any property damaged in the
3 6 collision, accident or other casualty occurrence.
3 7 2. Whenever any vessel is involved in a collision,
3 8 accident or casualty an occurrence that results in personal
3 9 property damage or that results in the injury or death of a
3 10 person, except one which results only in property damage not
3 11 exceeding five hundred two thousand dollars, a report thereof
3 12 shall be filed with the commission. The report shall be filed
3 13 by the operator of the vessel and shall contain such
3 14 information as the commission may, by rule, require. The
3 15 report shall be submitted without delay within forty=eight
3 16 hours of the occurrence in death or disappearance cases and in
3 17 occurrences that result in personal injuries requiring more
3 18 than first aid treatment, and within five days of the
3 19 occurrence in all other cases.
3 20 Sec. 7. Section 462A.9, Code 2005, is amended by adding
3 21 the following new subsection:
3 22 NEW SUBSECTION. 12A. An owner of a personal watercraft
3 23 equipped with a cut=off switch shall maintain the cut=off
3 24 switch and the accompanying cut=off switch lanyard in an
3 25 operable, fully functional condition.
3 26 Sec. 8. Section 462A.12, Code 2005, is amended by adding
3 27 the following new subsections:
3 28 NEW SUBSECTION. 14. A person shall not operate a personal
3 29 watercraft that is equipped with a cut=off switch, at any
3 30 time, without first attaching the accompanying cut=off switch
3 31 lanyard to the operator's person while the engine is running
3 32 and the personal watercraft is in use.
3 33 NEW SUBSECTION. 15. A person shall not operate a vessel
3 34 on the waters of this state unless every person on board the
3 35 vessel who is under thirteen years of age is wearing a type I,
4 1 II, III, or V personal flotation device that is approved by
4 2 the United States coast guard, while the vessel is under way.
4 3 This subsection does not apply to a person who is under
4 4 thirteen years of age and is in an enclosed cabin or below
4 5 deck.
4 6 Sec. 9. Section 481A.130, subsection 1, paragraph g, Code
4 7 2005, is amended to read as follows:
4 8 g. For each antlered deer, reimbursement shall be based on
4 9 the point score of the antlered deer as measured by the Boone
4 10 and Crockett club's net scoring system for whitetail deer as
4 11 follows:
4 12 (1) 150 gross points or less: A minimum of two thousand
4 13 dollars and not more than five thousand dollars, and eighty
4 14 hours of community service or, in lieu of the community
4 15 service, a minimum of four thousand dollars and not more than
4 16 ten thousand dollars, in an amount that is deemed reasonable
4 17 by the court.
4 18 (2) More than 150 gross points: A minimum of five
4 19 thousand dollars and not more than ten thousand dollars, and
4 20 eighty hours of community service or, in lieu of the community
4 21 service, a minimum of ten thousand dollars and not more than
4 22 twenty thousand dollars, in an amount that is deemed
4 23 reasonable by the court.
4 24 Sec. 10. Section 481A.133, Code 2005, is amended to read
4 25 as follows:
4 26 481A.133 SUSPENSION OF LICENSES, CERTIFICATES, AND
4 27 PERMITS.
4 28 A person who is assessed damages pursuant to section
4 29 481A.130 shall immediately surrender all licenses,
4 30 certificates, and permits to hunt, fish, or trap in the state
4 31 to the department. The licenses, permits, and certificates,
4 32 and the privileges associated with them shall remain suspended
4 33 until the assessed damages and any accrued interest are paid
4 34 or a payment schedule is established by the court in full.
4 35 Upon payment of the assessed damages and any accrued interest,
5 1 the suspension shall be lifted. If a payment schedule is
5 2 established, the suspension shall be lifted and remain so
5 3 unless the person fails to make a payment pursuant to that
5 4 schedule. Failure to make a payment shall cause the
5 5 suspension to be renewed. Interest shall begin to accrue as
5 6 of the date of judgment at a rate of ten percent per year.
5 7 Sec. 11. Section 483A.27, subsections 1 and 7, Code 2005,
5 8 are amended to read as follows:
5 9 1. A person born after January 1, 1967 1972, shall not
5 10 obtain a hunting license unless the person has satisfactorily
5 11 completed a hunter safety and ethics education course approved
5 12 by the commission. A person who is eleven years of age or
5 13 more may enroll in an approved hunter safety and ethics
5 14 education course, but a person who is eleven years of age and
5 15 who has successfully completed the course shall be issued a
5 16 certificate of completion which becomes valid on the person's
5 17 twelfth birthday. A certificate of completion from an
5 18 approved hunter safety and ethics education course issued in
5 19 this state since 1960, by another state, or by a foreign
5 20 nation, is valid for the requirements of this section.
5 21 7. A hunting license obtained under this section by a
5 22 person who gave false information or presented a fraudulent
5 23 certificate of completion shall be revoked and a new hunting
5 24 license shall not be issued for at least two years from the
5 25 date of conviction. A hunting license obtained by a person
5 26 who was born after January 1, 1967 1972, but has not
5 27 satisfactorily completed the hunter safety and ethics
5 28 education course or has not met the requirements established
5 29 by the commission, shall be revoked.
5 30 EXPLANATION
5 31 This bill contains provisions relating to the regulation of
5 32 various conservation and recreation activities under the
5 33 purview of the department of natural resources.
5 34 Code section 455A.4 is amended by striking the provision
5 35 that requires the department of natural resources to submit a
6 1 report every five years to the natural resource commission
6 2 that includes information concerning the classification of the
6 3 state's parks, recreation areas, and preserves and any
6 4 recommendations for reclassification; methods for maintaining
6 5 the diversity of animal and plant life in state parks,
6 6 recreation areas, and preserves; options to achieve controlled
6 7 deer hunting in order to prevent overpopulation of deer; and
6 8 prevention of economic damage to private property which is
6 9 located adjacent to state parks, recreation areas, and
6 10 preserves.
6 11 Code section 456A.37 is amended to provide that the natural
6 12 resource commission can define additional species as "aquatic
6 13 invasive species" by rule without subsequent approval by the
6 14 general assembly.
6 15 Code section 461A.25 is amended by allowing the director of
6 16 the department of natural resources to execute leases of
6 17 property under the natural resource commission's jurisdiction
6 18 for periods of five years or less, with the approval of the
6 19 commission. The bill also provides that for leases of such
6 20 property in excess of five years the commission shall
6 21 advertise and may accept bids and approve leases that the
6 22 commission determines are in the best interests of the state.
6 23 Code section 462A.2 is amended to define a "cut=off switch"
6 24 as an operable factory=installed or dealer=installed emergency
6 25 cut=off engine stop switch that is installed on a personal
6 26 watercraft and to define a "cut=off switch lanyard" as the
6 27 cord used to attach the person of the operator of a personal
6 28 watercraft to the cut=off switch.
6 29 Code section 462A.7 is amended to provide that the owner of
6 30 a vessel shall give assistance, so far as possible, and
6 31 provide the vessel operator's name, address, and vessel
6 32 identification to any person who is injured or whose property
6 33 is damaged when the operator's vessel is involved in an
6 34 occurrence that results in personal property damage or that
6 35 results in the injury or death of a person. Code section
7 1 462A.7 is also amended to provide that when any vessel is
7 2 involved in such an occurrence, except one which results only
7 3 in property damage not exceeding $2,000, a report must be
7 4 filed with the natural resource commission by the operator of
7 5 the vessel involved. Previously, a report had to be filed
7 6 when the property damage exceeded $500. The report must be
7 7 filed within 48 hours of the occurrence when a person dies or
7 8 disappears or when a person suffers an injury requiring more
7 9 than first aid treatment. In all other cases, the report must
7 10 be filed within five days of the occurrence.
7 11 Code section 462A.9 is amended to provide that the owner of
7 12 a personal watercraft equipped with a cut=off switch must
7 13 maintain the cut=off switch and the accompanying cut=off
7 14 switch lanyard in an operable, fully functional condition. A
7 15 violation of this new provision is punishable by a scheduled
7 16 fine of $20 under Code section 805.8B.
7 17 Code section 462A.12 is amended to prohibit a person from
7 18 operating a personal watercraft that is equipped with a cut=
7 19 off switch, at any time, without first attaching the
7 20 accompanying cut=off switch lanyard to the operator's person
7 21 while the engine is running and the personal watercraft is in
7 22 use. A violation of this provision is punishable by a
7 23 scheduled fine of $25.
7 24 Code section 462A.12 is amended to prohibit a person from
7 25 operating a vessel on the waters of this state unless every
7 26 person on board the vessel who is under 13 years of age is
7 27 wearing a type I, II, III, or V personal flotation device that
7 28 is approved by the United States coast guard, while the vessel
7 29 is under way. This provision does not apply to a person under
7 30 13 years of age who is in an enclosed cabin or below deck. A
7 31 violation of this provision is punishable by a scheduled fine
7 32 of $25.
7 33 Code section 481A.130 is amended to provide that
7 34 reimbursement for illegally taken antlered deer shall be based
7 35 on the gross point score of the antlered deer under the Boone
8 1 and Crockett club's scoring system for whitetail deer.
8 2 Code section 481A.133 is amended to provide that when a
8 3 person is assessed damages for unlawfully selling, taking,
8 4 catching, killing, injuring, destroying, or possessing an
8 5 animal, the person's licenses, certificates, and permits are
8 6 suspended until payment in full of the assessed damages and
8 7 accrued interest. The bill removes the option that allowed a
8 8 person to pay damages pursuant to a payment schedule. The
8 9 bill also specifies that interest begins to accrue as of the
8 10 date of judgment at a rate of 10 percent per year.
8 11 Code section 483A.27 is amended to provide that a person
8 12 born after January 1, 1972, instead of January 1, 1967, must
8 13 complete a hunter safety and ethics education course before
8 14 obtaining a hunting license and that a hunting license
8 15 obtained by a such a person who has not completed the required
8 16 course shall be revoked. A violation of these provisions is
8 17 punishable by a scheduled fine of $20.
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