House File 516 - Introduced
HOUSE FILE
BY COMMITTEE ON NATURAL RESOURCES
(SUCCESSOR TO HSB 32)
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, making penalties applicable, and making an
4 appropriation.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 1397HV 82
7 av/je/5
PAG LIN
1 1 Section 1. Section 455A.17, subsection 1, Code 2007, is
1 2 amended to read as follows:
1 3 1. Biennially, during even=numbered years, the director
1 4 shall schedule and make the necessary arrangements for an Iowa
1 5 congress on resources enhancement and protection. The
1 6 congress shall be held within the state capitol complex during
1 7 the summer months.
1 8 Sec. 2. Section 462A.2, Code 2007, is amended by adding
1 9 the following new subsections:
1 10 NEW SUBSECTION. 8A. "Cut=off switch" means an operable
1 11 factory=installed or dealer=installed emergency cut=off engine
1 12 stop switch that is installed on a personal watercraft.
1 13 NEW SUBSECTION. 8B. "Cut=off switch lanyard" means the
1 14 cord used to attach the person of the operator of a personal
1 15 watercraft to the cut=off switch.
1 16 Sec. 3. Section 462A.5, subsection 1, unnumbered
1 17 paragraphs 1 and 2, Code 2007, are amended to read as follows:
1 18 The owner of each vessel required to be numbered by this
1 19 state shall register it every three years with the commission
1 20 through the county recorder of the county in which the owner
1 21 resides, or, if the owner is a nonresident, the owner shall
1 22 register it in the county in which such vessel is principally
1 23 used. The commission shall develop and maintain an electronic
1 24 system for the registration of vessels pursuant to this
1 25 chapter. The commission shall have supervisory responsibility
1 26 over the registration of all vessels and shall provide each
1 27 county recorder with registration establish forms and
1 28 certificates and shall allocate identification numbers to each
1 29 county procedures as necessary for the registration of all
1 30 vessels.
1 31 The owner of the vessel shall file an application for
1 32 registration with the appropriate county recorder on forms
1 33 provided by the commission. The application shall be
1 34 completed and signed by the owner of the vessel and shall be
1 35 accompanied by the appropriate fee, and the writing fee
2 1 specified in section 462A.53. Upon applying for registration,
2 2 the owner shall display a bill of sale, receipt, or other
2 3 satisfactory proof of ownership as provided by the rules of
2 4 the commission to the county recorder. If the county recorder
2 5 is not satisfied as to the ownership of the vessel or that
2 6 there are no undisclosed security interests in the vessel, the
2 7 county recorder may register the vessel but shall, as a
2 8 condition of issuing a registration certificate, require the
2 9 applicant to follow the procedure provided in section 462A.5A.
2 10 Upon receipt of the application in approved form accompanied
2 11 by the required fees, the county recorder shall enter it upon
2 12 the records of the recorder's office and shall issue to the
2 13 applicant a pocket=size registration certificate. The
2 14 certificate shall be executed in triplicate, one copy to be
2 15 delivered to the owner, one copy to the commission, and one
2 16 copy to be retained on file by the county recorder. The
2 17 registration certificate shall bear the number awarded to the
2 18 vessel, the passenger capacity of the vessel, and the name and
2 19 address of the owner. In the use of all vessels except
2 20 nonpowered sailboats, nonpowered canoes, and commercial
2 21 vessels, the registration certificate shall be carried either
2 22 in the vessel or on the person of the operator of the vessel
2 23 when in use. In the use of nonpowered sailboats, nonpowered
2 24 canoes, or commercial vessels, the registration certificate
2 25 may be kept on shore in accordance with rules adopted by the
2 26 commission. The operator shall exhibit the certificate to a
2 27 peace officer upon request or, when involved in a collision or
2 28 accident an occurrence of any nature with another vessel or
2 29 other personal property, to the owner or operator of the other
2 30 vessel or personal property.
2 31 Sec. 4. Section 462A.5, subsection 3, unnumbered paragraph
2 32 2, Code 2007, is amended to read as follows:
2 33 Every registration certificate and number issued becomes
2 34 delinquent at midnight April 30 of the last calendar year of
2 35 the registration period unless terminated or discontinued in
3 1 accordance with this chapter. After January 1, 2007, an
3 2 unregistered vessel and a renewal of registration may be
3 3 registered for the three=year registration period beginning
3 4 May 1 of that year. When unregistered vessels are registered
3 5 after May 1 of the second year of the three=year registration
3 6 period, such unregistered vessels may be registered for the
3 7 remainder of the current registration period at sixty=six
3 8 percent two=thirds of the appropriate registration fee. When
3 9 unregistered vessels are registered after May 1 of the third
3 10 year of the three=year registration period, such unregistered
3 11 vessels may be registered for the remainder of the current
3 12 registration period at thirty=three percent one=third of the
3 13 appropriate registration fee.
3 14 Sec. 5. Section 462A.7, Code 2007, is amended to read as
3 15 follows:
3 16 462A.7 COLLISIONS, ACCIDENTS AND CASUALTIES OCCURRENCES
3 17 INVOLVING VESSELS.
3 18 1. The operator of a vessel involved in a collision,
3 19 accident or other casualty an occurrence that results in
3 20 personal property damage or the injury or death of a person,
3 21 shall, so far as possible without serious danger to the
3 22 operator's own vessel, crew, or passengers, render to other
3 23 persons affected by the collision, accident or casualty,
3 24 occurrence such assistance as may be practicable and necessary
3 25 to save them from or minimize any danger caused by the
3 26 collision, accident or other casualty occurrence. The
3 27 operator shall also give the operator's name, address, and
3 28 identification of the operator's vessel in writing to any
3 29 person injured and to the owner of any property damaged in the
3 30 collision, accident or other casualty occurrence.
3 31 2. Whenever any vessel is involved in a collision,
3 32 accident or casualty an occurrence that results in personal
3 33 property damage or the injury or death of a person, except one
3 34 which results only in property damage not exceeding five
3 35 hundred two thousand dollars, a report thereof of the
4 1 occurrence shall be filed with the commission. The report
4 2 shall be filed by the operator of the vessel and shall contain
4 3 such information as the commission may, by rule, require. The
4 4 report shall be submitted without delay within forty=eight
4 5 hours of the occurrence in cases that result in death, or
4 6 disappearance cases, or personal injuries requiring medical
4 7 treatment by a licensed health care provider, and within five
4 8 days of the occurrence in all other cases.
4 9 3. Every law enforcement officer who, in the regular
4 10 course of duty, investigates an occurrence which is required
4 11 to be reported by this section, shall, after completing such
4 12 investigation, forward a report of such occurrence to the
4 13 commission.
4 14 4. a. All reports shall be in writing. A vessel
4 15 operator's report shall be without prejudice to the person
4 16 making the report and shall be for the confidential use of the
4 17 department. However, upon request the department shall
4 18 disclose the identities of the persons on board the vessels
4 19 involved in the occurrence and their addresses. Upon request
4 20 of a person who made and filed a vessel operator's report, the
4 21 department shall provide a copy of the vessel operator's
4 22 report to the requester. A written vessel operator's report
4 23 filed with the department shall not be admissible in or used
4 24 in evidence in any civil or criminal action arising out of the
4 25 facts on which the report is based.
4 26 b. All written reports filed by law enforcement officers
4 27 as required under subsection 3 are confidential to the extent
4 28 provided in section 22.7, subsection 5, and section 622.11.
4 29 However, a completed law enforcement officer's report shall be
4 30 made available by the department or the investigating law
4 31 enforcement agency to any party to a boating accident,
4 32 collision, or other casualty an occurrence involving a vessel,
4 33 the party's insurance company or its agent, or the party's
4 34 attorney on written request and payment of a fee.
4 35 5. Failure of the operator of any vessel involved in a
5 1 collision, accident, or other casualty, an occurrence to offer
5 2 assistance and aid to other persons affected by such
5 3 collision, accident, or casualty occurrence, as set forth in
5 4 this chapter, or to otherwise comply with the requirements of
5 5 subsection 1, is punishable as follows:
5 6 a. In the event of a collision, accident, or other
5 7 casualty an occurrence resulting only in property damage, the
5 8 operator is guilty upon conviction of a simple misdemeanor.
5 9 b. In the event of a collision, accident, or other
5 10 casualty an occurrence resulting in an injury to a person, the
5 11 operator is guilty upon conviction of a serious misdemeanor.
5 12 c. In the event of a collision, accident, or other
5 13 casualty an occurrence resulting in a serious injury to a
5 14 person, the operator is guilty upon conviction of an
5 15 aggravated misdemeanor.
5 16 d. In the event of a collision, accident, or other
5 17 casualty an occurrence resulting in the death of a person, the
5 18 operator is guilty upon conviction of a class "D" felony.
5 19 Sec. 6. Section 462A.9, Code 2007, is amended by adding
5 20 the following new subsection:
5 21 NEW SUBSECTION. 12A. An owner of a personal watercraft
5 22 equipped with a cut=off switch shall maintain the cut=off
5 23 switch and the accompanying cut=off switch lanyard in an
5 24 operable, fully functional condition.
5 25 Sec. 7. Section 462A.12, Code 2007, is amended by adding
5 26 the following new subsection:
5 27 NEW SUBSECTION. 14. A person shall not operate a personal
5 28 watercraft that is equipped with a cut=off switch, at any
5 29 time, without first attaching the accompanying cut=off switch
5 30 lanyard to the operator's person while the engine is running
5 31 and the personal watercraft is in use.
5 32 Sec. 8. Section 462A.14A, subsection 3, paragraph b, Code
5 33 2007, is amended to read as follows:
5 34 b. The motorboat or sailboat has been involved in an
5 35 accident or collision occurrence resulting in personal injury
6 1 or death.
6 2 Sec. 9. Section 462A.23, subsection 2, paragraph c, Code
6 3 2007, is amended to read as follows:
6 4 c. Failure to stop and render aid as required by this
6 5 chapter when a collision, accident or other casualty an
6 6 occurrence involving a vessel results in the death or personal
6 7 injury of another.
6 8 Sec. 10. Section 462A.43, Code 2007, is amended to read as
6 9 follows:
6 10 462A.43 TRANSFER OF OWNERSHIP.
6 11 Upon the transfer of ownership of any vessel, the owner,
6 12 except as otherwise provided by this chapter, shall complete
6 13 the form on the back of the registration certificate and shall
6 14 deliver it to the purchaser or transferee at the time of
6 15 delivering the vessel. All registrations must be valid for the
6 16 current registration period prior to the transfer of any
6 17 registration, including assignment to a dealer If a vessel has
6 18 an expired registration at the time of transfer, the
6 19 transferee shall pay all applicable fees for the current
6 20 registration period, the appropriate writing fee, and a
6 21 penalty of five dollars, and a transfer of number shall be
6 22 awarded in the same manner as provided for in an original
6 23 registration. All penalties collected pursuant to this
6 24 section shall be forwarded by the commission to the treasurer
6 25 of state, who shall place the money in the state fish and game
6 26 protection fund. The money so collected is appropriated to
6 27 the commission solely for the administration and enforcement
6 28 of navigation laws and water safety.
6 29 Sec. 11. Section 481A.55, subsection 1, Code 2007, is
6 30 amended to read as follows:
6 31 1. Except as otherwise provided, a person shall not buy or
6 32 sell, dead or alive, a bird or animal or any part of one which
6 33 is protected by this chapter, but this section does not apply
6 34 to fur=bearing animals, bones of wild turkeys that were
6 35 legally taken, and the skins, plumage, and antlers of legally
7 1 taken game. This section does not prohibit the purchase of
7 2 jackrabbits from sources outside this state. A person shall
7 3 not purchase, sell, barter, or offer to purchase, sell, or
7 4 barter for millinery or ornamental use the feathers of
7 5 migratory game birds; and a person shall not purchase, sell,
7 6 barter, or offer to purchase, sell, or barter mounted
7 7 specimens of migratory game birds.
7 8 Sec. 12. Section 481A.123, Code 2007, is amended by adding
7 9 the following new subsection:
7 10 NEW SUBSECTION. 5. This section does not apply to the
7 11 discharge of a firearm on a farm unit by the owner or tenant
7 12 of the farm unit or by a family member of the owner or tenant
7 13 of the farm unit.
7 14 As used in this subsection, "family member", "farm unit",
7 15 "owner", and "tenant" mean the same as defined in section
7 16 483A.24, subsection 2.
7 17 Sec. 13. Section 481A.130, subsection 1, unnumbered
7 18 paragraph 1, Code 2007, is amended to read as follows:
7 19 In addition to the penalties for violations of this chapter
7 20 and chapters 350, 461A, 481B, and 482, or for committing
7 21 trespass as defined in section 716.7 while hunting deer, other
7 22 than farm deer as defined in section 170.1 or preserve
7 23 whitetail as defined in section 484C.1, a person convicted of
7 24 unlawfully selling, taking, catching, killing, injuring,
7 25 destroying, or having in possession any animal, shall
7 26 reimburse the state for the value of such as follows:
7 27 Sec. 14. Section 481A.130, subsection 1, paragraph g, Code
7 28 2007, is amended to read as follows:
7 29 g. For each antlered deer, reimbursement shall be based on
7 30 the point score of the antlered deer as measured by the Boone
7 31 and Crockett club's net scoring system for whitetail deer as
7 32 follows:
7 33 (1) 150 points gross inches or less: A minimum of two
7 34 thousand dollars and not more than five thousand dollars, and
7 35 eighty hours of community service or, in lieu of the community
8 1 service, a minimum of four thousand dollars and not more than
8 2 ten thousand dollars, in an amount that is deemed reasonable
8 3 by the court.
8 4 (2) More than 150 points gross inches: A minimum of five
8 5 thousand dollars and not more than ten thousand dollars, and
8 6 eighty hours of community service or, in lieu of the community
8 7 service, a minimum of ten thousand dollars and not more than
8 8 twenty thousand dollars, in an amount that is deemed
8 9 reasonable by the court.
8 10 Sec. 15. Section 481A.133, Code 2007, is amended to read
8 11 as follows:
8 12 481A.133 SUSPENSION OF LICENSES, CERTIFICATES, AND
8 13 PERMITS.
8 14 A person who is assessed damages pursuant to section
8 15 481A.130 shall immediately surrender all licenses,
8 16 certificates, and permits to hunt, fish, or trap in the state
8 17 to the department. The licenses, permits, and certificates,
8 18 and the privileges associated with them shall remain suspended
8 19 until the assessed damages and any accrued interest are paid
8 20 or a payment schedule is established by the court in full.
8 21 Upon payment of the assessed damages and any accrued interest,
8 22 the suspension shall be lifted. If a payment schedule is
8 23 established, the suspension shall be lifted and remain so
8 24 unless the person fails to make a payment pursuant to that
8 25 schedule. Failure to make a payment shall cause the
8 26 suspension to be renewed Interest shall begin to accrue as of
8 27 the date of judgment at a rate of ten percent per year.
8 28 Sec. 16. Section 481A.134, Code 2007, is amended to read
8 29 as follows:
8 30 481A.134 AUTHORITY TO CANCEL, SUSPEND, OR REVOKE LICENSE
8 31 == POINT SYSTEM.
8 32 The department shall establish rules pursuant to chapter
8 33 17A providing for the suspension or revocation of licenses
8 34 issued by the department. The rules may include procedures
8 35 for summary cancellation of a license based on documentation
9 1 that the licensee failed to pay the applicable fee for the
9 2 license. For purposes of determining when to suspend or
9 3 revoke a license issued by the department under this section,
9 4 the department shall adopt a point system pursuant to chapter
9 5 17A for the purpose of weighing the seriousness of violations
9 6 of the provisions of this chapter or chapter 481B, 482, 483A,
9 7 484A, or 484B, or of committing trespass as defined in section
9 8 716.7 while hunting deer, other than farm deer as defined in
9 9 section 170.1 or preserve whitetail as defined in section
9 10 484C.1. The weighted scale may be amended from time to time
9 11 as experience dictates.
9 12 Sec. 17. Section 481A.135, subsections 2, 3, and 4, Code
9 13 2007, are amended to read as follows:
9 14 2. A person who pleads guilty or is convicted of a
9 15 violation of any provision of this chapter or chapter 481B,
9 16 482, 483A, 484A, or 484B, or trespass as defined in section
9 17 716.7 while hunting deer, other than farm deer as defined in
9 18 section 170.1 or preserve whitetail as defined in section
9 19 484C.1, while the person's license or licenses are suspended
9 20 or revoked is guilty of a simple misdemeanor if the person has
9 21 no other violations within the previous three years which
9 22 occurred while the person's license or licenses have been
9 23 suspended or revoked.
9 24 3. A person who pleads guilty or is convicted of a
9 25 violation of any provision of this chapter or chapter 481B,
9 26 482, 483A, 484A, or 484B, or trespass as defined in section
9 27 716.7 while hunting deer, other than farm deer as defined in
9 28 section 170.1 or preserve whitetail as defined in section
9 29 484C.1, while the person's license or licenses are suspended
9 30 or revoked is guilty of a serious misdemeanor if the person
9 31 has one other violation within the previous three years which
9 32 occurred while the person's license or licenses have been
9 33 suspended or revoked.
9 34 4. A person who pleads guilty or is convicted of a
9 35 violation of any provision of this chapter or chapter 481B,
10 1 482, 483A, 484A, or 484B, or trespass as defined in section
10 2 716.7 while hunting deer, other than farm deer as defined in
10 3 section 170.1 or preserve whitetail as defined in section
10 4 484C.1, while the person's license or licenses are suspended
10 5 or revoked is guilty of an aggravated misdemeanor when the
10 6 person has had two or more convictions within the previous
10 7 three years which occurred while the person's license or
10 8 licenses have been suspended or revoked.
10 9 Sec. 18. Section 483A.27, subsections 1 and 7, Code 2007,
10 10 are amended to read as follows:
10 11 1. A person born after January 1, 1967 1972, shall not
10 12 obtain a hunting license unless the person has satisfactorily
10 13 completed a hunter safety and ethics education course approved
10 14 by the commission. A person who is eleven years of age or
10 15 more may enroll in an approved hunter safety and ethics
10 16 education course, but a person who is eleven years of age and
10 17 who has successfully completed the course shall be issued a
10 18 certificate of completion which becomes valid on the person's
10 19 twelfth birthday. A certificate of completion from an
10 20 approved hunter safety and ethics education course issued in
10 21 this state since 1960, by another state, or by a foreign
10 22 nation, is valid for the requirements of this section.
10 23 7. A hunting license obtained under this section by a
10 24 person who gave false information or presented a fraudulent
10 25 certificate of completion shall be revoked and a new hunting
10 26 license shall not be issued for at least two years from the
10 27 date of conviction. A hunting license obtained by a person
10 28 who was born after January 1, 1967 1972, but has not
10 29 satisfactorily completed the hunter safety and ethics
10 30 education course or has not met the requirements established
10 31 by the commission, shall be revoked.
10 32 Sec. 19. Section 716.7, subsection 2, paragraph a, Code
10 33 2007, is amended to read as follows:
10 34 a. Entering upon or in property without the express
10 35 permission of the owner, lessee, or person in lawful
11 1 possession with the intent to commit a public offense, to use,
11 2 remove therefrom, alter, damage, harass, or place thereon or
11 3 therein anything animate or inanimate, or to hunt, fish or
11 4 trap on or in the property, including the act of taking or
11 5 attempting to take a deer, other than a farm deer as defined
11 6 in section 170.1 or preserve whitetail as defined in section
11 7 484C.1, which is on or in the property by a person who is
11 8 outside the property. This paragraph does not prohibit the
11 9 unarmed pursuit of game or furbearing fur=bearing animals by a
11 10 person who lawfully injured or killed the game or fur=bearing
11 11 animal which come comes to rest on or escape escapes to the
11 12 property of another.
11 13 Sec. 20. Section 716.8, Code 2007, is amended by adding
11 14 the following new subsection:
11 15 NEW SUBSECTION. 5. A person who commits a trespass as
11 16 defined in section 716.7, subsection 2, paragraph "a", and
11 17 takes a deer, other than a farm deer as defined in section
11 18 170.1 or preserve whitetail as defined in section 484C.1,
11 19 shall also be subject to civil penalties as provided in
11 20 sections 481A.130 and 481A.131. A deer taken by a person
11 21 while committing such a trespass shall be subject to seizure
11 22 as provided in section 481A.12.
11 23 Sec. 21. Section 805.8B, subsection 1, paragraph b, Code
11 24 2007, is amended to read as follows:
11 25 b. For violations of registration, identification, and
11 26 record provisions under sections 462A.4 and 462A.10, and for
11 27 unused or improper or defective equipment under section
11 28 462A.9, subsections 2, 6, 7, 8, 12A, and 13, and section
11 29 462A.11, and for operation violations under sections 462A.26,
11 30 462A.31, and 462A.33, the scheduled fine is twenty dollars.
11 31 EXPLANATION
11 32 This bill contains provisions relating to the regulation of
11 33 various conservation and recreation activities under the
11 34 purview of the department of natural resources.
11 35 Code section 455A.17 is amended to provide that the
12 1 biennial meeting of the Iowa congress on resources enhancement
12 2 and protection is not required to be held during the summer
12 3 months.
12 4 Code section 462A.2 is amended to define a "cut=off switch"
12 5 as an operable factory=installed or dealer=installed emergency
12 6 cut=off engine stop switch that is installed on a personal
12 7 watercraft, and to define a "cut=off switch lanyard" as the
12 8 cord used to attach the person of the operator of a personal
12 9 watercraft to the cut=off switch.
12 10 Code section 462A.5, subsection 1, is amended to provide
12 11 that the fee for a vessel registration which is renewed after
12 12 May 1 of the second year of the three=year registration period
12 13 is two=thirds instead of 66 percent of the appropriate
12 14 registration fee. The fee for a vessel registration which is
12 15 renewed after May 1 of the third year of the registration
12 16 period is one=third instead of 33 percent of the appropriate
12 17 registration fee.
12 18 Code sections 462A.5, 462A.7, 462A.14A, and 462A.23 are
12 19 amended to change language referring to collisions, accidents,
12 20 and casualties involving vessels to refer to occurrences
12 21 involving vessels.
12 22 Code section 462A.7 is also amended to provide that the
12 23 owner of a vessel shall give assistance, so far as possible,
12 24 and provide the vessel operator's name, address, and vessel
12 25 identification to any person who is injured or whose property
12 26 is damaged when the operator's vessel is involved in an
12 27 occurrence that results in personal property damage or that
12 28 results in the injury or death of a person. Code section
12 29 462A.7 is also amended to provide that when any vessel is
12 30 involved in such an occurrence, except one which results only
12 31 in property damage not exceeding $2,000, a report must be
12 32 filed with the natural resource commission by the operator of
12 33 the vessel involved. Previously, a report had to be filed
12 34 when the property damage exceeded $500. The report must be
12 35 filed within 48 hours of the occurrence when a person dies,
13 1 disappears, or suffers an injury requiring medical treatment
13 2 by a licensed health care provider. In all other cases, the
13 3 report must be filed within five days of the occurrence.
13 4 Code section 462A.9 is amended to provide that the owner of
13 5 a personal watercraft equipped with a cut=off switch must
13 6 maintain the cut=off switch and the accompanying cut=off
13 7 switch lanyard in an operable, fully functional condition. A
13 8 violation of this new provision is punishable by a scheduled
13 9 fine of $20 under Code section 805.8B.
13 10 Code section 462A.12 is amended to prohibit a person from
13 11 operating a personal watercraft that is equipped with a cut=
13 12 off switch, at any time, without first attaching the
13 13 accompanying cut=off switch lanyard to the operator's person
13 14 while the engine is running and the personal watercraft is in
13 15 use. A violation of this provision is punishable by a
13 16 scheduled fine of $25.
13 17 Code section 462A.43 is amended to provide that if a vessel
13 18 has an expired registration at the time of a transfer of
13 19 ownership of the vessel, the transferee is required to pay all
13 20 applicable fees for the current registration period, the
13 21 appropriate writing fee, and a $5 penalty, after which a
13 22 transfer of number for the vessel will be awarded in the same
13 23 manner as an original registration. The bill also provides
13 24 that penalty fees collected shall be placed in the state fish
13 25 and game protection fund and appropriated to the natural
13 26 resource commission solely for the administration and
13 27 enforcement of navigation laws and water safety.
13 28 Code section 481A.55, subsection 1, is amended to allow a
13 29 person to buy or sell the bones of wild turkeys that were
13 30 legally taken. A violation of this provision is punishable by
13 31 a scheduled fine of $50.
13 32 Code section 481A.123 is amended to provide that the
13 33 prohibitions of the section against discharging a firearm
13 34 within 200 yards of a building inhabited by people or
13 35 livestock, or a feedlot, do not apply to the discharge of a
14 1 firearm on a farm unit by owners, tenants, or their family
14 2 members who reside on the farm unit. The terms "family
14 3 member", "farm unit", "owner", and "tenant" are defined to
14 4 mean the same as in Code section 483A.24, which deals with the
14 5 rights of resident landowners, tenants, and their families who
14 6 reside with them, to hunt on farm units which are in tracts of
14 7 two or more contiguous acres, are operated as a unit for
14 8 agricultural purposes, and are under the lawful control of the
14 9 owner or the tenant.
14 10 Code section 481A.130 is amended to provide that a person
14 11 who commits trespass while hunting deer, other than farm deer
14 12 or preserve whitetail, is required to reimburse the state for
14 13 the value of the deer taken as provided in Code section
14 14 481A.130.
14 15 Code section 481A.130 is also amended to provide that a
14 16 person who unlawfully takes an antlered deer shall be assessed
14 17 damages for reimbursement to the state based on the score of
14 18 the deer as measured by the Boone and Crockett Club's scoring
14 19 system, instead of net scoring system, for whitetail deer,
14 20 based on the gross inches score, not the point score of the
14 21 deer.
14 22 Code section 481A.133 is amended to provide that when a
14 23 person is assessed damages for unlawfully selling, taking,
14 24 catching, killing, injuring, destroying, or possessing an
14 25 animal, the person's licenses, certificates, and permits are
14 26 suspended until payment in full of the assessed damages and
14 27 accrued interest. The bill removes the option that allowed a
14 28 person to pay damages pursuant to a payment schedule. The
14 29 bill also specifies that interest begins to accrue as of the
14 30 date of judgment at a rate of 10 percent per year.
14 31 Code section 481A.134 is amended to require the department
14 32 of natural resources to use the crime of committing trespass
14 33 while hunting deer, other than farm deer or preserve
14 34 whitetail, as part of the point system used for purposes of
14 35 determining when to suspend or revoke a license issued by the
15 1 department.
15 2 Code section 481A.135 is amended to provide that a person
15 3 who commits the crime of trespass while hunting deer and while
15 4 the person's license is suspended or revoked is guilty of a
15 5 simple misdemeanor if the person has no other specified
15 6 violations within the previous three years which occurred
15 7 while the person's license was suspended. A person who has
15 8 one other violation during that time is guilty of a serious
15 9 misdemeanor and a person who has two or more violations during
15 10 that time is guilty of an aggravated misdemeanor. A simple
15 11 misdemeanor is punishable by confinement for no more than 30
15 12 days or a fine of at least $65 but not more than $625 or by
15 13 both. A serious misdemeanor is punishable by confinement for
15 14 no more than one year and a fine of at least $315 but not more
15 15 than $1,875.
15 16 An aggravated misdemeanor is punishable by confinement for
15 17 no more than two years and a fine of at least $625 but not
15 18 more than $6,250.
15 19 Code section 483A.27 is amended to provide that a person
15 20 born after January 1, 1972, instead of January 1, 1967, must
15 21 complete a hunter safety and ethics education course before
15 22 obtaining a hunting license and that a hunting license
15 23 obtained by a such a person who has not completed the required
15 24 course shall be revoked. A violation of these provisions is
15 25 punishable by a scheduled fine of $20.
15 26 Code section 716.7, which defines what constitutes
15 27 trespass, is amended to include the act of taking or
15 28 attempting to take a deer, other than a farm deer or preserve
15 29 whitetail, which is on or in the property of another person by
15 30 a person who is outside that property and does not have the
15 31 permission of the owner to hunt on the property.
15 32 Code section 716.8 is amended to provide that the penalty
15 33 for committing such a trespass is a simple misdemeanor and the
15 34 violator is also subject to civil penalties including
15 35 reimbursing the state for the value of the deer taken and
16 1 possible suspension or revocation of the person's licenses
16 2 issued by the department of natural resources.
16 3 LSB 1397HV 82
16 4 av:nh/je/5