Senate File 2120 - Introduced
SENATE FILE
BY BLACK, DEARDEN, and GRONSTAL
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for an upland game bird fee, making an
2 appropriation, creating programs, and providing for a penalty.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 483A.1, subsection 1, Code Supplement
1 2 2005, is amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. u. Upland game bird fee.............. $ 3.00
1 4 Sec. 2. Section 483A.1, subsection 2, Code Supplement
1 5 2005, is amended by adding the following new paragraph:
1 6 NEW PARAGRAPH. w. Upland game bird fee.............. $ 3.00
1 7 Sec. 3. NEW SECTION. 484D.1. DEFINITIONS.
1 8 As used in this chapter, unless the context otherwise
1 9 requires:
1 10 1. "Department" means the department of natural resources.
1 11 2. "Upland game bird" means a pheasant or quail.
1 12 Sec. 4. NEW SECTION. 484D.2 UPLAND GAME BIRD FEE.
1 13 1. A person sixteen years of age or older shall not hunt
1 14 or take pheasant or quail within this state without first
1 15 paying an upland game bird fee in the amount of three dollars.
1 16 2. The director shall determine the means and method of
1 17 collecting the upland game bird fees. All fees collected
1 18 shall be forwarded by the department to the treasurer of
1 19 state, who shall place the moneys in the state fish and game
1 20 protection fund. The moneys so collected are appropriated to
1 21 the department to be used solely for the purposes set forth in
1 22 this chapter. The department shall not reduce the amount of
1 23 other funds being expended for these purposes as of July 1,
1 24 2006.
1 25 Sec. 5. NEW SECTION. 484D.3 ALLOCATION OF REVENUE ==
1 26 ACCOUNTS.
1 27 All revenue collected from upland game bird fees that is
1 28 deposited in the state fish and game protection fund shall be
1 29 allocated as follows:
1 30 1. Two dollars of each upland game bird fee collected
1 31 shall be allocated to the upland game bird wetlands
1 32 conservation account.
1 33 2. One dollar of each upland game bird fee collected shall
1 34 be allocated to the upland game bird buffer strip assistance
1 35 account.
2 1 3. Notwithstanding section 12C.7, subsection 2, interest
2 2 or earnings on moneys collected from upland game bird fees
2 3 that are deposited in each account created under this section
2 4 shall be credited to that account. Notwithstanding section
2 5 8.33 or section 456A.17, moneys credited to each account
2 6 created under this section shall not revert to the state
2 7 general fund at the close of a fiscal year.
2 8 4. All revenue generated by the upland game bird fee shall
2 9 be used as provided in this chapter, except for that part
2 10 which is specified by the department for use in paying
2 11 administrative expenses as provided in section 456A.17.
2 12 Sec. 6. NEW SECTION. 484D.4 UPLAND GAME BIRD WETLANDS
2 13 CONSERVATION PROGRAM.
2 14 1. All moneys allocated to the upland game bird wetlands
2 15 conservation account shall be used by the department only to
2 16 carry out the purposes of the upland game bird wetlands
2 17 conservation program and shall be used in addition to funds
2 18 already being expended by the department each year for
2 19 wetlands conservation purposes.
2 20 2. The purpose of the upland game bird wetlands
2 21 conservation program is to create a sustained source of
2 22 revenue to be used by the department to qualify for federal
2 23 matching funds that are available for wetlands conservation
2 24 under the federal North American Wetlands Conservation Act
2 25 program, 16 U.S.C. } 4401=4414, and to undertake projects that
2 26 will aid in wetlands and associated upland habitat
2 27 conservation in the state, including the acquisition,
2 28 restoration, maintenance, or preservation of wetlands and
2 29 associated upland habitat.
2 30 3. a. All moneys that are allocated to the upland game
2 31 bird wetlands conservation account shall accumulate in the
2 32 account until the account balance is equal to one million
2 33 dollars or an amount sufficient to be used by the department
2 34 to qualify for federal matching funds. Each time the account
2 35 balance reaches an amount sufficient to be used by the
3 1 department to qualify for federal matching funds, the
3 2 department shall apply for such matching funds, and upon
3 3 obtaining such funds, shall expend the state and federal
3 4 revenues available at that time to undertake projects as set
3 5 forth in subsection 2.
3 6 b. Additional moneys that are generated by upland game
3 7 bird fees and allocated to the upland game bird wetlands
3 8 conservation account shall again accumulate in the account,
3 9 and each time the account balance is equal to one million
3 10 dollars or an amount sufficient to be used by the department
3 11 to qualify for federal matching funds, the department shall
3 12 again apply for federal matching funds, and upon obtaining
3 13 such funds, shall expend the state and federal revenues
3 14 available at that time to undertake projects as set forth in
3 15 subsection 2.
3 16 4. The department shall use all state revenue and federal
3 17 matching funds obtained under the federal North American
3 18 Wetlands Conservation Act to undertake the purposes of the
3 19 upland game bird wetlands conservation program as set forth in
3 20 subsection 2. State revenue allocated to the account shall be
3 21 used by the department only for projects that increase public
3 22 recreational hunting opportunities in the state and shall not
3 23 be used for projects on private land that is not accessible to
3 24 the public for recreational hunting.
3 25 Sec. 7. NEW SECTION. 484D.5 UPLAND GAME BIRD BUFFER
3 26 STRIP ASSISTANCE PROGRAM.
3 27 1. All moneys allocated to the upland game bird buffer
3 28 strip assistance account shall be used by the department only
3 29 to carry out the purposes of the upland game bird buffer strip
3 30 assistance program and shall be used in addition to funds
3 31 already being expended by the department each year for such
3 32 purposes. The department shall not reduce the amount of other
3 33 funds being expended for these purposes as of July 1, 2006.
3 34 2. The purpose of the upland game bird buffer strip
3 35 assistance program is to create an additional source of
4 1 revenue to be used by the department for the purpose of
4 2 providing cost=sharing assistance to landowners who establish
4 3 farmstead and feedlot shelterbelts, temporary winter habitat
4 4 plots, and other habitat practices designed to implement the
4 5 restoration of upland game birds throughout the state.
4 6 3. a. All moneys that are allocated to the upland game
4 7 bird buffer strip assistance account shall accumulate in the
4 8 account for a period of five years. At the end of the five=
4 9 year period, the moneys in the account shall be used by the
4 10 department to carry out the purposes of the upland game bird
4 11 buffer strip assistance program as set forth in subsection 2.
4 12 The cost=share assistance shall be provided to applicants on a
4 13 first=come, first=served basis until the moneys accumulated in
4 14 the account during that period are exhausted. The department
4 15 shall, by rule pursuant to chapter 17A, establish eligibility
4 16 requirements for the program and procedures for applications
4 17 for and approval of projects to be funded under the program.
4 18 The department shall expend moneys from the account only for
4 19 projects on private land that is accessible to the public for
4 20 recreational hunting.
4 21 b. Additional moneys that are generated by upland game
4 22 bird fees and allocated to the upland game bird buffer strip
4 23 assistance account shall accumulate in the account and shall
4 24 be used by the department every five years as set forth in
4 25 paragraph "a".
4 26 Sec. 8. NEW SECTION. 484D.6 PENALTY.
4 27 Any person violating any of the provisions of this chapter
4 28 shall be guilty of a simple misdemeanor.
4 29 EXPLANATION
4 30 This bill creates new Code chapter 484D, which provides for
4 31 payment of an upland game bird fee of $3 to hunt pheasant or
4 32 quail in the state, appropriates the moneys collected, creates
4 33 programs to expend the moneys, and provides for a penalty for
4 34 violation of the chapter.
4 35 The bill provides that all fees collected shall be
5 1 forwarded by the department of natural resources to the
5 2 treasurer of state for placement in the state fish and game
5 3 protection fund and are appropriated to the department to be
5 4 used solely for the purposes set forth in the chapter.
5 5 Revenue deposited in the state fish and game protection
5 6 fund is allocated by the bill into two separate accounts, with
5 7 $2 of each fee collected to be allocated to the upland game
5 8 bird wetlands conservation account and $1 of each fee
5 9 collected to be allocated to the upland game bird buffer strip
5 10 assistance account. Interest or earnings on moneys contained
5 11 in each account must be credited to the account, and moneys in
5 12 each account do not revert to the general fund at the close of
5 13 the fiscal year.
5 14 Moneys allocated to the upland game bird wetlands
5 15 conservation account by the bill must be used by the
5 16 department only to carry out the purposes of the upland game
5 17 bird wetlands conservation program, which are to create a
5 18 sustained source of revenue to be used by the department to
5 19 qualify for federal matching funds that are available for
5 20 wetlands conservation under the federal North American
5 21 Wetlands Conservation Act and to undertake projects that will
5 22 aid in wetlands and associated upland habitat conservation in
5 23 the state, including the acquisition, restoration,
5 24 maintenance, or preservation of wetlands and associated upland
5 25 habitat.
5 26 The bill provides that moneys that are allocated to the
5 27 upland game bird wetlands conservation account shall
5 28 accumulate in the account until the account balance is equal
5 29 to $1 million or an amount sufficient to be used by the
5 30 department to qualify for federal matching funds. Each time
5 31 the account balance reaches the necessary amount, the
5 32 department is required to apply for such matching funds, and
5 33 upon obtaining those funds, expend the state and federal
5 34 revenues available to carry out the purposes of the upland
5 35 game bird wetlands conservation program. The bill provides
6 1 that state revenue allocated to the account shall be used for
6 2 projects that increase public recreational hunting
6 3 opportunities in the state and shall not be used on private
6 4 land that is not accessible to the public for recreational
6 5 hunting.
6 6 Moneys allocated to the upland game bird buffer strip
6 7 assistance account must be used by the department only to
6 8 carry out the purposes of the upland game bird buffer strip
6 9 assistance program, which are to create an additional source
6 10 of revenue to be used by the department to provide cost=
6 11 sharing assistance to landowners who establish farmstead and
6 12 feedlot shelterbelts, temporary winter habitat plots, and
6 13 other habitat practices designed to implement the restoration
6 14 of upland game birds throughout the state.
6 15 The bill provides that moneys allocated to the upland game
6 16 bird buffer strip assistance account shall accumulate in the
6 17 account for five years and then be used by the department to
6 18 carry out the purposes of the upland game bird buffer strip
6 19 assistance program. The bill provides that cost=share
6 20 assistance given under the program shall be on a first=come,
6 21 first=served basis until the moneys allocated to the account
6 22 during that period are exhausted. The department is required
6 23 to adopt rules to establish eligibility requirements and
6 24 procedures for applications for and approval of projects to be
6 25 funded under the program. The process is then repeated every
6 26 five years using funds that have accumulated in the account.
6 27 A violation of the provisions of the chapter is punishable
6 28 as a simple misdemeanor.
6 29 LSB 5069SS 81
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