House Study Bill 92
SENATE/HOUSE FILE
BY (PROPOSED DEPARTMENT OF
NATURAL RESOURCES BILL)
Passed Senate, Date Passed House, 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:
5 TLSB 1616DP 81
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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 461A.25, unnumbered paragraph 1, Code
1 4 2005, is amended to read as follows:
1 5 The commission may recommend that the executive council
1 6 lease property under the commission's jurisdiction. All
1 7 leases shall reserve to the public of the state the right to
1 8 enter upon the property leased for any lawful purpose. The
1 9 council may, if it approves the recommendation and the If a
1 10 lease is to be entered into is for a period of five years or
1 11 less, the director, upon approval by the commission, shall
1 12 execute the lease in on behalf of the state and commission.
1 13 If the recommendation is for a lease is to be entered into for
1 14 a period in excess of five years, with the exception of
1 15 agricultural lands specifically dealt with in Article I,
1 16 section 24, of the Constitution of the State of Iowa, the
1 17 council commission shall advertise for bids. If a bid is
1 18 accepted, the lease shall be let or executed by the council in
1 19 accordance with the most desirable bid. The commission may
1 20 accept bids and approve leases that the commission determines
1 21 are in the best interests of the state. A lease shall not be
1 22 executed for a term longer than fifty years. Any such
1 23 leasehold interest, including any improvements placed on it,
1 24 shall be listed on the tax rolls as provided in chapters 428
1 25 and 443; assessed and valued as provided in chapter 441; taxes
1 26 shall be levied on it as provided in chapter 444 and collected
1 27 as provided in chapter 445; and the leasehold interest is
1 28 subject to tax sale, redemption, and apportionment of taxes as
1 29 provided in chapters 446, 447 and 448. The lessee shall
1 30 discharge and pay all taxes.
1 31 Sec. 3. Section 462A.2, Code 2005, is amended by adding
1 32 the following new subsections:
1 33 NEW SUBSECTION. 8A. "Cut=off switch" means an operable
1 34 factory=installed or dealer=installed emergency cut=off engine
1 35 stop switch that is installed on a personal watercraft.
2 1 NEW SUBSECTION. 8B. "Cut=off switch lanyard" means the
2 2 cord used to attach the person of the operator of a personal
2 3 watercraft to the cut=off switch.
2 4 Sec. 4. Section 462A.7, subsections 1 and 2, Code 2005,
2 5 are amended to read as follows:
2 6 1. The operator of a vessel involved in a collision,
2 7 accident or other casualty an occurrence that results in
2 8 personal property damage or that results in the injury or
2 9 death of a person shall, so far as possible without serious
2 10 danger to the operator's own vessel, crew or passengers,
2 11 render to other persons affected by the collision, accident or
2 12 casualty occurrence, such assistance as may be practicable and
2 13 necessary to save them from or minimize any danger caused by
2 14 the collision, accident or other casualty occurrence. The
2 15 operator shall also give the operator's name, address, and
2 16 identification of the operator's vessel in writing to any
2 17 person injured and to the owner of any property damaged in the
2 18 collision, accident or other casualty occurrence.
2 19 2. Whenever any vessel is involved in a collision,
2 20 accident or casualty an occurrence that results in personal
2 21 property damage or that results in the injury or death of a
2 22 person, except one which results only in property damage not
2 23 exceeding five hundred two thousand dollars, a report thereof
2 24 shall be filed with the commission. The report shall be filed
2 25 by the operator of the vessel and shall contain such
2 26 information as the commission may, by rule, require. The
2 27 report shall be submitted without delay within forty=eight
2 28 hours of the occurrence in death or disappearance cases and in
2 29 occurrences that result in personal injuries requiring more
2 30 than first aid treatment, and within five days of the
2 31 occurrence in all other cases.
2 32 Sec. 5. Section 462A.9, Code 2005, is amended by adding
2 33 the following new subsection:
2 34 NEW SUBSECTION. 12A. An owner of a personal watercraft
2 35 equipped with a cut=off switch shall maintain the cut=off
3 1 switch and the accompanying cut=off switch lanyard in an
3 2 operable, fully functional condition.
3 3 Sec. 6. Section 462A.12, Code 2005, is amended by adding
3 4 the following new subsections:
3 5 NEW SUBSECTION. 14. A person shall not operate a personal
3 6 watercraft that is equipped with a cut=off switch, at any
3 7 time, without first attaching the accompanying cut=off switch
3 8 lanyard to the operator's person while the engine is running
3 9 and the personal watercraft is in use.
3 10 NEW SUBSECTION. 15. A person shall not operate a vessel
3 11 on the waters of this state unless every person on board the
3 12 vessel who is under thirteen years of age is wearing a type I,
3 13 II, III, or V personal flotation device that is approved by
3 14 the United States coast guard, while the vessel is under way.
3 15 This subsection does not apply to a person who is under
3 16 thirteen years of age and is in an enclosed cabin or below
3 17 deck.
3 18 Sec. 7. Section 481A.133, Code 2005, is amended to read as
3 19 follows:
3 20 481A.133 SUSPENSION OF LICENSES, CERTIFICATES, AND
3 21 PERMITS.
3 22 A person who is assessed damages pursuant to section
3 23 481A.130 shall immediately surrender all licenses,
3 24 certificates, and permits to hunt, fish, or trap in the state
3 25 to the department. The licenses, permits, and certificates,
3 26 and the privileges associated with them shall remain suspended
3 27 until the assessed damages and any accrued interest are paid
3 28 or a payment schedule is established by the court in full.
3 29 Upon payment of the assessed damages and any accrued interest,
3 30 the suspension shall be lifted. If a payment schedule is
3 31 established, the suspension shall be lifted and remain so
3 32 unless the person fails to make a payment pursuant to that
3 33 schedule. Failure to make a payment shall cause the
3 34 suspension to be renewed. Interest shall begin to accrue as
3 35 of the date of judgment at a rate of ten percent per year.
4 1 Sec. 8. Section 483A.27, subsections 1 and 7, Code 2005,
4 2 are amended to read as follows:
4 3 1. A person born after January 1, 1967 1972, shall not
4 4 obtain a hunting license unless the person has satisfactorily
4 5 completed a hunter safety and ethics education course approved
4 6 by the commission. A person who is eleven years of age or
4 7 more may enroll in an approved hunter safety and ethics
4 8 education course, but a person who is eleven years of age and
4 9 who has successfully completed the course shall be issued a
4 10 certificate of completion which becomes valid on the person's
4 11 twelfth birthday. A certificate of completion from an
4 12 approved hunter safety and ethics education course issued in
4 13 this state since 1960, by another state, or by a foreign
4 14 nation, is valid for the requirements of this section.
4 15 7. A hunting license obtained under this section by a
4 16 person who gave false information or presented a fraudulent
4 17 certificate of completion shall be revoked and a new hunting
4 18 license shall not be issued for at least two years from the
4 19 date of conviction. A hunting license obtained by a person
4 20 who was born after January 1, 1967 1972, but has not
4 21 satisfactorily completed the hunter safety and ethics
4 22 education course or has not met the requirements established
4 23 by the commission, shall be revoked.
4 24 EXPLANATION
4 25 This bill contains provisions relating to the regulation of
4 26 various conservation and recreation activities under the
4 27 purview of the department of natural resources.
4 28 Code section 455A.4 is amended by striking the provision
4 29 that requires the department of natural resources to submit a
4 30 report every five years to the natural resource commission
4 31 that includes information concerning the classification of the
4 32 state's parks, recreation areas, and preserves and any
4 33 recommendations for reclassification; methods for maintaining
4 34 the diversity of animal and plant life in state parks,
4 35 recreation areas, and preserves; options to achieve controlled
5 1 deer hunting in order to prevent overpopulation of deer; and
5 2 prevention of economic damage to private property which is
5 3 located adjacent to state parks, recreation areas, and
5 4 preserves.
5 5 Code section 461A.25 is amended by allowing the director of
5 6 the department of natural resources to execute leases of
5 7 property under the natural resource commission's jurisdiction
5 8 for periods of five years or less, with the approval of the
5 9 commission. The bill also provides that for leases of such
5 10 property in excess of five years the commission shall
5 11 advertise and may accept bids and approve leases that the
5 12 commission determines are in the best interests of the state.
5 13 Code section 462A.2 is amended to define a "cut=off switch"
5 14 as an operable factory=installed or dealer=installed emergency
5 15 cut=off engine stop switch that is installed on a personal
5 16 watercraft and to define a "cut=off switch lanyard" as the
5 17 cord used to attach the person of the operator of a personal
5 18 watercraft to the cut=off switch.
5 19 Code section 462A.7 is amended to provide that the owner of
5 20 a vessel shall give assistance, so far as possible, and
5 21 provide the vessel operator's name, address, and vessel
5 22 identification to any person who is injured or whose property
5 23 is damaged when the operator's vessel is involved in an
5 24 occurrence that results in personal property damage or that
5 25 results in the injury or death of a person. Code section
5 26 462A.7 is also amended to provide that when any vessel is
5 27 involved in such an occurrence, except one which results only
5 28 in property damage not exceeding $2,000, a report must be
5 29 filed with the natural resource commission by the operator of
5 30 the vessel involved. Previously, a report had to be filed
5 31 when the property damage exceeded $500. The report must be
5 32 filed within 48 hours of the occurrence when a person dies or
5 33 disappears or when a person suffers an injury requiring more
5 34 than first aid treatment. In all other cases, the report must
5 35 be filed within five days of the occurrence.
6 1 Code section 462A.9 is amended to provide that the owner of
6 2 a personal watercraft equipped with a cut=off switch must
6 3 maintain the cut=off switch and the accompanying cut=off
6 4 switch lanyard in an operable, fully functional condition. A
6 5 violation of this new provision is punishable by a scheduled
6 6 fine of $20 under Code section 805.8B.
6 7 Code section 462A.12 is amended to prohibit a person from
6 8 operating a personal watercraft that is equipped with a cut=
6 9 off switch, at any time, without first attaching the
6 10 accompanying cut=off switch lanyard to the operator's person
6 11 while the engine is running and the personal watercraft is in
6 12 use. A violation of this provision is punishable by a
6 13 scheduled fine of $25.
6 14 Code section 462A.12 is amended to prohibit a person from
6 15 operating a vessel on the waters of this state unless every
6 16 person on board the vessel who is under 13 years of age is
6 17 wearing a type I, II, III, or V personal flotation device that
6 18 is approved by the United States coast guard, while the vessel
6 19 is under way. This provision does not apply to a person under
6 20 13 years of age who is in an enclosed cabin or below deck. A
6 21 violation of this provision is punishable by a scheduled fine
6 22 of $25.
6 23 Code section 481A.133 is amended to provide that when a
6 24 person is assessed damages for unlawfully selling, taking,
6 25 catching, killing, injuring, destroying, or possessing an
6 26 animal, the person's licenses, certificates, and permits are
6 27 suspended until payment in full of the assessed damages and
6 28 accrued interest. The bill removes the option that allowed a
6 29 person to pay damages pursuant to a payment schedule. The
6 30 bill also specifies that interest begins to accrue as of the
6 31 date of judgment at a rate of 10 percent per year.
6 32 Code section 483A.27 is amended to provide that a person
6 33 born after January 1, 1972, instead of January 1, 1967, must
6 34 complete a hunter safety and ethics education course before
6 35 obtaining a hunting license and that a hunting license
7 1 obtained by a such a person who has not completed the required
7 2 course shall be revoked. A violation of these provisions is
7 3 punishable by a scheduled fine of $20.
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