House Study Bill 764
HOUSE FILE
BY (PROPOSED COMMITTEE ON
NATURAL RESOURCES BILL
BY CHAIRPERSON BELL)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to natural resources, including by providing for
2 the powers and duties of the department's director and natural
3 resources commission, and the regulation of public lands and
4 outdoor recreation, providing for penalties and making
5 penalties applicable, and providing for fees.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
7 TLSB 6563HC 82
8 da/sc/14
PAG LIN
1 1 DIVISION I
1 2 COUNTY RESOURCE ENHANCEMENT COMMITTEE
1 3 Section 1. Section 455A.20, subsection 1, paragraphs a and
1 4 b, Code 2007, are amended to read as follows:
1 5 a. The chairpersons of the board of supervisors, county
1 6 conservation board, commissioners of the soil and water
1 7 district, and board of directors of each school district in
1 8 the county. A chairperson may appoint a member of the
1 9 chairperson's board or commission as the chairperson's
1 10 designee to serve on the committee. The chairperson or
1 11 designee of a school district shall be a member of the county
1 12 committee of the county in which a majority or the largest
1 13 plurality of the district's students reside.
1 14 b. The mayor or the mayor's designee of each city in a
1 15 county. The mayor's designee shall be a member of the city
1 16 council. If a city is located in more than one county, the
1 17 membership shall be on the county committee of the county in
1 18 which the largest population of the city resides.
1 19 DIVISION II
1 20 RESIDENCY REQUIREMENTS FOR REGISTRATIONS AND LICENSES
1 21 Sec. 2. Section 321G.1, Code Supplement 2007, is amended
1 22 by adding the following new subsections:
1 23 NEW SUBSECTION. 11A. "Nonresident" means the same as
1 24 defined in section 483A.1A.
1 25 NEW SUBSECTION. 17A. "Resident" means the same as defined
1 26 in section 483A.1A.
1 27 Sec. 3. Section 321I.1, subsection 14, Code Supplement
1 28 2007, is amended to read as follows:
1 29 14. "Nonresident" means a person who is not a resident of
1 30 this state the same as defined in section 483A.1A.
1 31 Sec. 4. Section 321I.1, subsection 23, Code Supplement
1 32 2007, is amended to read as follows:
1 33 23. "Resident" means a person who meets the requirements
1 34 for residency described the same as defined in section 321.1A
1 35 483A.1A.
2 1 Sec. 5. Section 483A.1A, Code 2007, is amended by adding
2 2 the following new subsection:
2 3 NEW SUBSECTION. 6A. "Nonresident" means a person who is
2 4 not a resident.
2 5 Sec. 6. Section 483A.1A, subsection 7, Code 2007, is
2 6 amended to read as follows:
2 7 7. "Resident" means a natural person who meets any of the
2 8 following criteria for each calendar year in which the person
2 9 claims status as a resident:
2 10 a. Has physically resided in this state at least thirty as
2 11 the person's principal and primary home or domicile for a
2 12 period of not less than one hundred eighty consecutive days
2 13 immediately before applying for or purchasing a resident
2 14 license, tag, or permit under this chapter and has been issued
2 15 an Iowa driver's license or an Iowa nonoperator's
2 16 identification card. For the purposes of this paragraph,
2 17 "principal and primary home or domicile" means the one and
2 18 only residence where a person has a true, fixed, and permanent
2 19 home, and to where, whenever the person is briefly and
2 20 temporarily absent, the person intends to return, according to
2 21 factors provided in section 483A.1B. A person is not
2 22 considered a resident for purposes of this paragraph if the
2 23 person is residing in the state only for a special or
2 24 temporary purpose, including but not limited to hunting,
2 25 fishing, or trapping.
2 26 b. (1) Is a full=time student at an any of the following:
2 27 (a) An educational institution located in this state and
2 28 resides if residing in this state while attending the
2 29 educational institution.
2 30 (b) An accredited educational institution located outside
2 31 this state, if the person is under the age of twenty=five and
2 32 has at least one parent or legal guardian who maintains that
2 33 person's principal and primary home or domicile in this state.
2 34 (2) A student qualifies as a resident pursuant to this
2 35 paragraph "b" only for the purpose of purchasing any resident
3 1 license specified in section 483A.1 or 484A.2.
3 2 c. Is a nonresident under eighteen years of age whose
3 3 parent is a resident of this state.
3 4 d. Is a member of the armed forces of the United States
3 5 who is serving on active duty, claims residency in this state,
3 6 and has filed a state individual income tax return as a
3 7 resident pursuant to chapter 422, division II, for the
3 8 preceding tax year, or is stationed in this state.
3 9 e. Is registered to vote in this state.
3 10 Sec. 7. NEW SECTION. 483A.1B FACTORS USED TO DETERMINE A
3 11 PERSON'S PRINCIPAL AND PRIMARY HOME OR DOMICILE.
3 12 1. The department shall determine whether a person
3 13 maintains a principal and primary home or domicile in this
3 14 state based on factors determined relevant by the department,
3 15 including but not limited to all of the following:
3 16 a. The person's place of employment.
3 17 b. The person's mailing address.
3 18 c. Whether the person's name is listed on utility records
3 19 for the claimed principal and primary home or domicile.
3 20 d. Whether the person's name appears on the title to land
3 21 in this state including the claimed principal and primary home
3 22 or domicile.
3 23 e. The address listed on the person's individual state and
3 24 federal income tax returns.
3 25 2. A person claiming to maintain a principal and primary
3 26 home or domicile in this state shall submit all documentation
3 27 required to establish that fact to the department or a person
3 28 designated by the department. The department or a person
3 29 designated by the department shall keep information contained
3 30 in the document confidential to the same extent that it would
3 31 otherwise be confidential by state or federal law.
3 32 DIVISION III
3 33 RIDING AREAS AND TRAILS FOR ALL=TERRAIN VEHICLES
3 34 Sec. 8. Section 321I.2, Code 2007, is amended by adding
3 35 the following new subsection:
4 1 NEW SUBSECTION. 9. The operation or maintenance of
4 2 designated riding areas and designated riding trails.
4 3 Sec. 9. NEW SECTION. 321I.15A CIVIL PENALTY AND
4 4 RESTITUTION.
4 5 Upon conviction for a violation of section 321I.14,
4 6 subsection 1, paragraph "e", "f", or "g", the defendant, in
4 7 addition to any other penalty including the criminal penalty
4 8 provided in section 321I.15, shall be subject to civil
4 9 remedies as follows:
4 10 1. a. The court shall assess the defendant a civil
4 11 penalty of two hundred and fifty dollars. The civil penalty
4 12 shall be deposited in the special all=terrain vehicle fund
4 13 provided in section 321I.8.
4 14 b. The court may order the defendant to pay restitution to
4 15 the titleholder of land for damages caused by the defendant's
4 16 violation, to the extent that the titleholder consents to
4 17 joining the action, and the titleholder's damages are
4 18 established at trial. If the titleholder is the state, the
4 19 amount of restitution ordered to be paid by the court shall be
4 20 deposited in the special all=terrain vehicle fund provided in
4 21 section 321I.8. If the titleholder is a governmental entity
4 22 other than the state, the moneys shall be paid to the
4 23 governmental entity for deposit in any fund or account from
4 24 which moneys are used for the maintenance, repair, or
4 25 improvement of the land where the damage occurred.
4 26 2. The attorney general or a county attorney who
4 27 prosecutes a criminal penalty for the violation shall execute
4 28 the judgment, in cooperation with the commission, as any other
4 29 civil judgment.
4 30 DIVISION IV
4 31 CONSTRUCTION ON STATE=OWNED OR STATE=MANAGED LAND OR WATERS
4 32 Sec. 10. Section 461A.4, Code 2007, is amended to read as
4 33 follows:
4 34 461A.4 CONSTRUCTION PERMIT == RULES == OF STRUCTURES AND
4 35 OPERATION OF COMMERCIAL CONCESSIONS.
5 1 1. a. A person, association, or corporation shall not
5 2 build or erect any construct a structure including but not
5 3 limited to a pier, wharf, sluice, piling, wall, fence,
5 4 obstruction, erection, or building, or erection of any kind
5 5 upon or over any state=owned or state=managed land or water
5 6 under the jurisdiction of the commission, without first
5 7 obtaining from the commission a written permit. A permit, in
5 8 matters relating to or in any manner affecting flood control,
5 9 shall not be issued without approval of the environmental
5 10 protection commission of the department. A person shall not
5 11 construct or maintain or erect any a structure beyond the line
5 12 of private ownership along or upon the shores of state=owned
5 13 or state=managed waters in a manner to obstruct the passage of
5 14 pedestrians along the shore between the ordinary high=water
5 15 mark and the water's edge, except by permission of the
5 16 commission.
5 17 b. It shall be the duty of the The commission to shall
5 18 adopt and enforce rules governing and regulating the building
5 19 or erection construction of any such pier, wharf, sluice,
5 20 piling, wall, fence, obstruction, building or erection of any
5 21 kind, and said a structure as provided in this subsection.
5 22 The commission may prohibit, or restrict its construction, or
5 23 order the removal thereof owner to remove the structure, when
5 24 in the judgment of said commission determines that it will be
5 25 for is in the best interest of the public. The commission
5 26 shall comply with the provisions of chapter 17A when issuing
5 27 an order under this section.
5 28 Any person, firm, association, or corporation violating any
5 29 of the provisions of this section or any rule adopted by the
5 30 commission under the authority of this section shall be guilty
5 31 of a simple misdemeanor.
5 32 2. A person, association, or corporation shall not operate
5 33 a commercial concession in a park, forest, fish and wildlife
5 34 area, or recreation area under the jurisdiction of the
5 35 department without first entering into a written contract with
6 1 the department. The contract shall state the consideration
6 2 and other terms under which the concession may be operated.
6 3 The department may cancel or, in an emergency, suspend a
6 4 concession contract for the protection of the public health,
6 5 safety, morals, or welfare.
6 6 Sec. 11. NEW SECTION. 461A.5A INJUNCTIVE RELIEF.
6 7 If it appears to the department that a person is violating
6 8 or about to violate a provision of section 461A.4 or refuses
6 9 to comply with an order issued by the commission pursuant to
6 10 section 461A.4, the department may refer the matter to the
6 11 attorney general, who may bring an action in the district
6 12 court in any county of the state for an injunction to restrain
6 13 the person from committing the violation. Upon a proper
6 14 showing, the court may order a permanent or temporary
6 15 injunction. The state shall not be required to post a bond.
6 16 Sec. 12. NEW SECTION. 461A.5B PENALTIES.
6 17 1. Except as provided in subsection 2, a person who
6 18 violates a provision of section 461A.4 or of a departmental
6 19 rule or refuses to comply with an order issued by the
6 20 commission pursuant to section 461A.4 is guilty of a simple
6 21 misdemeanor.
6 22 2. The state may proceed against a person who violates a
6 23 provision of section 461A.4 or refuses to comply with an order
6 24 issued by the commission pursuant to section 461A.4 by
6 25 initiating an alternative civil enforcement action in lieu of
6 26 a criminal prosecution. The amount of the civil penalty shall
6 27 not exceed five thousand dollars. Each day of a violation
6 28 shall be considered a separate offense. The alternative civil
6 29 enforcement action may be brought against the person as a
6 30 contested case proceeding by the department under chapter 17A
6 31 if the amount of the civil penalty is not more than ten
6 32 thousand dollars or as a civil judicial proceeding by the
6 33 attorney general upon referral by the department. In a
6 34 contested case proceeding, the department may impose, assess,
6 35 and collect the civil penalty.
7 1 Sec. 13. Section 461A.6, Code 2007, is amended to read as
7 2 follows:
7 3 461A.6 COSTS == LIEN.
7 4 The cost of such removal removing a structure as provided
7 5 in section 461A.4 shall be paid by the its owner of said pier,
7 6 wharf, sluice, piling, wall, fence, obstruction, erection or
7 7 building, and the state shall have a lien upon the property
7 8 removed for such costs for the cost of removal. Said The
7 9 costs shall be payable at the time of removal and such lien
7 10 may be enforced and foreclosed, as provided for the
7 11 foreclosure of security interests in uniform commercial code,
7 12 chapter 554, article 9, part 6.
7 13 Sec. 14. Section 461A.5, Code 2007, is repealed.
7 14 DIVISION V
7 15 DRIVING OVER ICE
7 16 Sec. 15. Section 462A.33, Code 2007, is amended to read as
7 17 follows:
7 18 462A.33 DRIVING OVER ICE.
7 19 1. A person operating a craft or vehicle operating
7 20 propelled by sail or by machinery in whole or in part shall
7 21 not operate the craft or vehicle on the surface of ice on the
7 22 lakes and streams of this state including but not limited to
7 23 boundary streams and lakes and propelled by sail or by
7 24 machinery in whole or in part, except unless the commission
7 25 issues the person a permit.
7 26 2. Subsection 1 does not apply to automobiles, motorcycles
7 27 and, or trucks registered under chapter 321; or snowmobiles
7 28 registered under chapter 321G; or all=terrain vehicles,
7 29 off=road motorcycles, or off=road utility vehicles registered
7 30 under 321I, when they any of those vehicles are used without
7 31 endangering public safety, shall not be operated without a
7 32 permit issued by the commission for the operation. A permit
7 33 may be revoked by the commission if the craft or vehicle is
7 34 operated in a careless manner which endangers others.
7 35 3. Except when authorized by a permit for a special event,
8 1 persons shall not operate automobiles, motorcycles, and trucks
8 2 when used, all=terrain vehicles, off=road motorcycles, or
8 3 off=road utility vehicles on the ice of waters under the
8 4 jurisdiction of the commission shall not exceed fifteen miles
8 5 per hour and shall be operated in a at a rate of speed greater
8 6 than is reasonable and prudent manner or proper under all
8 7 existing circumstances.
8 8 4. A permit issued by the commission pursuant to this
8 9 section may be suspended or revoked by the commission if a
8 10 craft or vehicle is operated in a careless manner which
8 11 endangers others.
8 12 DIVISION VI
8 13 REPORTING HUNTING INCIDENTS
8 14 Sec. 16. Section 481A.18, Code 2007, is amended to read as
8 15 follows:
8 16 481A.18 HUNTING ACCIDENTS INCIDENTS == MANDATORY
8 17 REPORTING.
8 18 A This section applies to a person who is involved in a
8 19 hunting accident incident with a firearm and the accident or a
8 20 fall from a device that allows or assists a person to hunt
8 21 from an elevated location, if the hunting incident results in
8 22 an injury to a person, or property damage exceeding one
8 23 hundred dollars,. The person shall report the accident
8 24 hunting incident to the sheriff's office in the county where
8 25 the accident hunting incident occurred or to the department
8 26 within twelve hours after the accident hunting incident
8 27 occurred. If However, if an injury in caused by the accident
8 28 hunting incident prevents timely reporting, the person shall
8 29 make the report shall be made as soon as practicable. Failure
8 30 A person who fails to report the hunting incident as required
8 31 in this section is guilty of a simple misdemeanor.
8 32 DIVISION VII
8 33 RECIPROCITY
8 34 Sec. 17. Section 481A.19, Code 2007, is amended to read as
8 35 follows:
9 1 481A.19 RECIPROCITY OF STATES.
9 2 1. a. Any person licensed by the authorities authority of
9 3 Illinois, Minnesota, Missouri, Wisconsin, Nebraska, and or
9 4 South Dakota to take fish, game, mussels, or fur=bearing
9 5 animals from or in the waters forming the boundary between
9 6 such states state and Iowa, may take them such fish, game,
9 7 mussels, or fur=bearing animals from that portion of said
9 8 waters lying within the territorial jurisdiction of this
9 9 state, without having procured a license therefor for it from
9 10 the director of this state, in the same manner that persons
9 11 holding Iowa licenses may do, if the laws of Illinois,
9 12 Minnesota, Missouri, Wisconsin, Nebraska, or South Dakota,
9 13 respectively, extend a similar privilege to persons so
9 14 licensed under the laws of Iowa.
9 15 b. Any person licensed by the authority of Illinois,
9 16 Minnesota, Missouri, Wisconsin, Nebraska, or South Dakota to
9 17 take fish, game, mussels, or fur=bearing animals from or in
9 18 lands under the jurisdiction of any of those states may take
9 19 such fish, game, mussels, or fur=bearing animals from or in
9 20 lands under the jurisdiction of the commission when such land
9 21 is wholly surrounded by that respective state, without having
9 22 procured a license from the director of this state, in the
9 23 same manner that persons holding Iowa licenses may do, if the
9 24 laws of Illinois, Minnesota, Missouri, Wisconsin, Nebraska, or
9 25 South Dakota, respectively, extend a similar privilege to
9 26 persons so licensed under the laws of Iowa.
9 27 2. Any privileges conferred by this section shall be
9 28 subject to a reciprocal agreement as negotiated by the
9 29 commission and the authority of a state provided in subsection
9 30 1 which confers upon a licensee of this state reciprocal
9 31 rights, privileges, and immunities as provided in section
9 32 483A.31.
9 33 Sec. 18. Section 483A.31, Code 2007, is amended to read as
9 34 follows:
9 35 483A.31 RECIPROCAL FISHING PRIVILEGES AUTHORIZED.
10 1 1. Reciprocal fishing, hunting, or trapping privileges are
10 2 contingent upon a grant of similar privileges by another state
10 3 to residents of this state.
10 4 2. The commission may negotiate fishing, hunting, or
10 5 trapping reciprocity agreements with other states.
10 6 3. When another state confers upon fishing, hunting, or
10 7 trapping licensees of this state reciprocal rights,
10 8 privileges, and immunities, a fishing, hunting, or trapping
10 9 license issued by that state entitles the licensee to all
10 10 rights, privileges, and immunities in the public waters or
10 11 public lands of this state enjoyed by the holders of
10 12 equivalent licenses issued by this state, subject to duties,
10 13 responsibilities, and liabilities imposed on its own licensees
10 14 by the laws of this state.
10 15 DIVISION VIII
10 16 SPECIAL HUNTING AND FISHING LICENSES
10 17 Sec. 19. Section 483A.24, subsection 13, Code Supplement
10 18 2007, is amended to read as follows:
10 19 13. Upon payment of the fee of five dollars for a lifetime
10 20 fishing license or lifetime hunting and fishing combined
10 21 license, the department shall issue a lifetime fishing license
10 22 or lifetime hunting and fishing combined license to a resident
10 23 of Iowa who is a veteran, as defined in section 35.1, or has
10 24 served in the armed forces of the United States for a minimum
10 25 aggregate of ninety days of on active federal service and who
10 26 was disabled or was a prisoner of war during that veteran's
10 27 military service. The department shall prepare an application
10 28 to be used by a person requesting a lifetime fishing license
10 29 or lifetime hunting and fishing combined license under this
10 30 subsection. The department of veterans affairs shall assist
10 31 the department in verifying the status or claims of applicants
10 32 under this subsection. As used in this subsection, "disabled"
10 33 means entitled to compensation a service connected rating
10 34 under the United States Code, Title 38, ch. 11.
10 35 DIVISION IX
11 1 HUNTER EDUCATION TRAINING
11 2 Sec. 20. Section 483A.27, subsections 1, 3, 6, and 11,
11 3 Code Supplement 2007, are amended to read as follows:
11 4 1. A person born after January 1, 1972, shall not obtain a
11 5 hunting license unless the person has satisfactorily completed
11 6 a hunter safety and ethics education course approved by the
11 7 commission. A person who is eleven years of age or more may
11 8 enroll in an approved hunter safety and ethics education
11 9 course, but a person who is eleven years of age and who has
11 10 successfully completed the course shall be issued a
11 11 certificate of completion which becomes valid on the person's
11 12 twelfth birthday. A certificate of completion from an
11 13 approved hunter safety and ethics education course issued in
11 14 this state since 1960, or a certificate issued by another
11 15 state, or by a foreign nation, country, or province that meets
11 16 the standards adopted by the international hunter education
11 17 association is valid for the requirements of this section.
11 18 3. The department shall provide a manual on regarding
11 19 hunter safety and ethics education which shall be used by all
11 20 instructors and persons receiving hunter safety and ethics
11 21 education training in this state. The department may produce
11 22 the manual in a print or electronic format accessible from a
11 23 computer, including from a data storage device or the
11 24 department's internet site.
11 25 6. A public or private school accredited pursuant to
11 26 section 256.11 or an organization approved by the department
11 27 may co=operate cooperate with the department in providing a
11 28 course in hunter safety and ethics education or shooting
11 29 sports activities as provided in this section.
11 30 11. A hunter safety and ethics An instructor certified by
11 31 the department shall be allowed to conduct an departmental
11 32 approved hunter safety and ethics education course or shooting
11 33 sports activities course on public school property with the
11 34 approval of a majority of the board of directors of the school
11 35 district. The conduct of Conducting an approved hunter safety
12 1 and ethics education course or shooting sports activities
12 2 course is not a violation of any public policy, rule,
12 3 regulation, resolution, or ordinance which prohibits the
12 4 possession, display, or use of a firearm, bow and arrow, or
12 5 other hunting weapon on public school property or other public
12 6 property in this state.
12 7 Sec. 21. Section 483A.27, Code Supplement 2007, is amended
12 8 by adding the following new subsection:
12 9 NEW SUBSECTION. 2A. The commission may establish, assess,
12 10 and collect a fee which shall be imposed upon a person
12 11 attending a hunter safety and ethics education course. The
12 12 department shall establish the amount of the fee based on the
12 13 actual cost of providing the instruction. The fees collected
12 14 under this subsection shall be deposited into the fish and
12 15 game protection fund created in section 456A.17.
12 16 DIVISION X
12 17 USE OF LASER SIGHTS BY BLIND HUNTERS
12 18 Sec. 22. Section 481A.93, subsection 2, Code 2007, is
12 19 amended to read as follows:
12 20 2. This section does not apply to deer any of the
12 21 following:
12 22 a. Deer being taken by or under the control of a local
12 23 governmental body within its corporate limits pursuant to an
12 24 approved special deer population control plan.
12 25 b. A person who is totally blind using a laser sight on a
12 26 bow or gun while hunting, if all of the following apply:
12 27 (1) The person's total blindness is supported by medical
12 28 evidence produced by an eye care professional who is an
12 29 ophthalmologist, optometrist, or medical doctor. The eye care
12 30 professional must certify that the person has no vision or
12 31 light perception in either eye. The certification must be
12 32 carried on the person of the totally blind person and made
12 33 available for inspection by the department.
12 34 (2) The totally blind person is accompanied and aided by a
12 35 person who is at least eighteen years of age and whose vision
13 1 is not seriously impaired. The accompanying person must have
13 2 a hunting license and pay the wildlife habitat fee as provided
13 3 in section 483A.1 if applicable. During the hunt, the
13 4 accompanying adult must be within arm's reach of the totally
13 5 blind person, and must be able to identify the target and the
13 6 location of the laser sight beam on the target. A person
13 7 other than the totally blind person shall not shoot the laser
13 8 sight=equipped gun or bow.
13 9 DIVISION XI
13 10 TRESPASSING WHILE HUNTING
13 11 Sec. 23. Section 716.8, subsection 5, Code Supplement
13 12 2007, is amended to read as follows:
13 13 5. A person who commits a trespass as defined in section
13 14 716.7, subsection 2, paragraph "a", and takes a while hunting
13 15 deer, other than a farm deer as defined in section 170.1 or
13 16 preserve whitetail as defined in section 484C.1, commits a
13 17 simple misdemeanor. The person shall also be subject to civil
13 18 penalties as provided in sections 481A.130 and 481A.131. A
13 19 deer taken by a person while committing such a trespass shall
13 20 be subject to seizure as provided in section 481A.12.
13 21 DIVISION XII
13 22 CITATION IN LIEU OF ARREST
13 23 Sec. 24. Section 805.8B, subsection 5, Code Supplement
13 24 2007, is amended to read as follows:
13 25 5. AQUATIC INVASIVE SPECIES VIOLATIONS. For violations of
13 26 section 456A.37, subsection 5, the scheduled fine is one five
13 27 hundred dollars.
13 28 DIVISION XIII
13 29 CODE CORRECTIONS
13 30 Sec. 25. Section 99F.1, subsection 12, Code Supplement
13 31 2007, is amended to read as follows:
13 32 12. "Gambling structure" means any man=made stationary
13 33 structure approved by the commission that does not include a
13 34 racetrack enclosure which is subject to land=based building
13 35 codes rather than maritime or Iowa department of natural
14 1 resources inspection laws and regulations on which lawful
14 2 gambling is authorized and licensed as provided in this
14 3 chapter.
14 4 Sec. 26. Section 354.22, unnumbered paragraph 1, Code
14 5 2007, is amended to read as follows:
14 6 The proprietors of lots within an official plat who wish to
14 7 vacate any portion of the official plat shall file a petition
14 8 for vacation with the governing body which would have
14 9 jurisdiction to approve the plat at the time the petition is
14 10 filed. After the petition has been filed, the governing body
14 11 shall fix the time and place for public hearing on the
14 12 petition. Written notice of the proposed vacation shall be
14 13 served in the manner of original notices as provided in Iowa
14 14 rules of civil procedure and be served upon proprietors and
14 15 mortgagees within the official plat that are within three
14 16 hundred feet of the area to be vacated. If a portion of the
14 17 official plat adjoins a river or state=owned lake, the Iowa
14 18 department of natural resources shall be served written notice
14 19 of the proposed vacation. Notice of the proposed vacation
14 20 shall be published twice, with fourteen days between
14 21 publications, stating the date, time, and place of the
14 22 hearing.
14 23 Sec. 27. Section 455G.2, subsection 12, Code 2007, is
14 24 amended to read as follows:
14 25 12. "Insurance" includes any form of financial assistance
14 26 or showing of financial responsibility sufficient to comply
14 27 with the federal Resource Conservation and Recovery Act or the
14 28 Iowa department of natural resources' underground storage tank
14 29 financial responsibility rules.
14 30 Sec. 28. Section 483A.24, subsection 15, Code Supplement
14 31 2007, is amended to read as follows:
14 32 15. The department may issue a permit, subject to
14 33 conditions established by the department, which authorizes a
14 34 student sixteen years of age or older attending an Iowa public
14 35 or accredited nonpublic school who is participating in the
15 1 Iowa department of natural resources fish Iowa! basic
15 2 spincasting module to fish without a license as part of a
15 3 supervised school outing.
15 4 EXPLANATION
15 5 This bill amends a number of provisions relating to natural
15 6 resources regulated by the department of natural resources,
15 7 and specifically provisions under the jurisdiction of the
15 8 natural resource commission, which provide for public land and
15 9 outdoor recreation.
15 10 DIVISION I == COUNTY RESOURCE ENHANCEMENT COMMITTEE. The
15 11 bill amends provisions in Code section 455A.20 which provides
15 12 for persons serving on a county resource enhancement
15 13 committee, including the chairpersons of the board of
15 14 supervisors, county conservation board, commissioners of the
15 15 soil and water district, and board of directors of each school
15 16 district in the county. The bill eliminates a requirement
15 17 that a designee appointed by a chairperson must be a member of
15 18 their respective board or commission. The bill also amends a
15 19 provision that provides that a mayor of a city in the county
15 20 or a mayor's designee must serve on the committee, by
15 21 eliminating a requirement that the designee must be a member
15 22 of the city council.
15 23 DIVISION II == RESIDENCY REQUIREMENTS FOR REGISTRATIONS AND
15 24 LICENSES. The bill provides a common method for determining
15 25 residency requirements for registering snowmobiles (Code
15 26 chapter 321G), all=terrain vehicles (Code chapter 321I), and
15 27 licensing including hunting and fishing licenses (Code chapter
15 28 483A). The bill provides that a person who claims status as a
15 29 resident must meet one of the specified criteria for each year
15 30 that residency is claimed. The bill does not change the
15 31 requirement that a full=time student who attends an
15 32 educational institution in this state is a resident, but
15 33 provides that the educational institution must be accredited.
15 34 The bill also extends the provision to a student attending an
15 35 educational institution outside this state so long as the
16 1 student is under 25 years old and the student's parent or
16 2 legal guardian maintains the person's principal and primary
16 3 home or domicile in the state. The bill eliminates a
16 4 requirement that provides that voter registration is proof of
16 5 residency. One of the criteria for residency is modified to
16 6 require a person to physically reside in the state as the
16 7 person's principal and primary home or domicile for a period
16 8 of not less than 180 consecutive days immediately prior to
16 9 applying for or purchasing a resident license, tag, or permit
16 10 and have an Iowa driver's license or Iowa nonoperator's
16 11 identification card. The bill defines what constitutes a
16 12 "principal and primary home or domicile" for purposes of the
16 13 bill.
16 14 The bill requires the department to determine whether a
16 15 person maintains a primary home or domicile in this state
16 16 based on a number of factors which may include the person's
16 17 place of employment or domicile address on records. The
16 18 department may require the person to provide evidence of the
16 19 person's permanent residence.
16 20 DIVISION III == ALL=TERRAIN VEHICLES. The bill amends Code
16 21 section 321I.2 by providing that the department may adopt
16 22 rules regarding the operation or maintenance of designated
16 23 riding trails. The bill provides that a person is subject to
16 24 civil remedies for criminal prohibitions involving operating
16 25 an all=terrain vehicle in a manner that damages growing stock
16 26 at a tree nursery, on public land in violation of official
16 27 signs, or in a park, wildlife area, preserve, refuge, game
16 28 management area, or stream beds. The bill provides that on
16 29 conviction for such a violation a court shall assess the
16 30 defendant a civil penalty of $250 to be deposited in the
16 31 special all=terrain vehicle fund established in Code section
16 32 321I.8, and that the court may order the defendant to pay
16 33 restitution to the titleholder of land for damages caused by
16 34 the defendant's violation, including to the state or other
16 35 government entity.
17 1 DIVISION IV == CONSTRUCTION ON STATE=OWNED OR STATE=MANAGED
17 2 LAND OR WATERS. The bill amends Code section 461A.4
17 3 authorizing the department to regulate the construction of
17 4 structures (piers, wharfs, sluices, pilings, walls, fences, or
17 5 buildings) upon or over any state=owned land. The bill makes
17 6 stylistic changes to the provisions, provides that the
17 7 department's authority extends to state=managed land or
17 8 waters, and provides for the issuance of orders to persons who
17 9 are in violation of the law.
17 10 The bill creates new Code sections 461A.5A and 461A.5B
17 11 providing the department with enforcement authority. It
17 12 authorizes the department to obtain injunctive relief against
17 13 a person who is in violation of Code section 461A.4 or refuses
17 14 to comply with an order issued by the department. The bill
17 15 rewrites but does not alter the criminal penalty for
17 16 committing a violation of the Code section, which is a simple
17 17 misdemeanor, and provides that the penalty applies to a person
17 18 who fails to comply with an order issued by the department
17 19 under that Code section. A simple misdemeanor is punishable
17 20 by confinement for no more than 30 days or a fine of at least
17 21 $65 but not more than $625 or by both. The bill provides that
17 22 the state may also proceed against the person by initiating an
17 23 alternative civil enforcement action in lieu of a criminal
17 24 prosecution. The amount of the civil penalty cannot exceed
17 25 $5,000, and the bill provides for enforcement by the
17 26 department or the attorney general upon referral by the
17 27 department.
17 28 The bill eliminates Code section 461A.5 relating to the
17 29 removal of obstructions because it includes redundant
17 30 provisions and amends Code section 461A.6 referring to the
17 31 department's authority to enforce a lien against a structure
17 32 in a manner consistent with the other bill's provisions.
17 33 DIVISION V == DRIVING OVER ICE. The bill amends Code
17 34 section 462A.33 which requires that certain crafts or vehicles
17 35 cannot operate on ice over certain state waters without
18 1 obtaining a permit from the department. The bill expands the
18 2 types of vehicles not requiring a permit to include
18 3 all=terrain vehicles, off=road motorcycles, and off=road
18 4 utility vehicles. The bill amends a provision that prohibits
18 5 vehicles from exceeding 15 miles per hour when traveling over
18 6 ice on the waters of the state without a special permit. The
18 7 bill replaces the speed limit with a requirement that the
18 8 vehicle cannot exceed a rate of speed that is reasonable and
18 9 proper.
18 10 DIVISION VI == REPORTING HUNTING INCIDENTS. The bill
18 11 amends Code section 481A.18 which requires persons who are
18 12 involved in an accident using a firearm while hunting to
18 13 report the accident to the county sheriff or the department,
18 14 if the accident caused injury or property damage of more than
18 15 $100. The bill provides that a report is required for any
18 16 hunting incident involving a firearm or a device (such as
18 17 so=called tree stand) that allows or assists a person to hunt
18 18 from an elevated location. A person who fails to make such a
18 19 report is guilty of a simple misdemeanor. A simple
18 20 misdemeanor is punishable by confinement for no more than 30
18 21 days or a fine of at least $65 but not more than $625 or by
18 22 both.
18 23 DIVISION VII == RECIPROCITY. The bill amends Code section
18 24 481A.19 which provides for reciprocal agreements with
18 25 neighboring states to allow an Iowa resident to take fish,
18 26 game, mussels, or fur=bearing animals in boundary waters. The
18 27 bill provides a similar arrangement for a resident of a border
18 28 state to take fish, game, mussels, or fur=bearing animals on
18 29 land beyond the boundary of a boundary river, but which is
18 30 still subject to Iowa sovereignty (e.g., land which is on the
18 31 Nebraska side of the Missouri river but still considered Iowa
18 32 territory under the Iowa=Nebraska Boundary Compromise). The
18 33 bill amends provisions in 483A.31 which provides authority to
18 34 the commission to negotiate such agreements involving hunting
18 35 or trapping in addition to fishing.
19 1 DIVISION VIII == SPECIAL HUNTING AND FISHING LICENSES. The
19 2 bill amends Code section 483.24 which provides for the
19 3 issuance of a lifetime fishing license or lifetime combined
19 4 hunting and fishing license to a resident of Iowa who is a
19 5 veteran and who was disabled or a prisoner of war. The bill
19 6 eliminates the reference to veteran status, a requirement that
19 7 the person must have served a minimum aggregate 90 days in
19 8 active service, or that the person must have been entitled to
19 9 compensation under federal law.
19 10 DIVISION IX == HUNTER TRAINING. The bill amends Code
19 11 section 483A.27 which requires that a person complete a hunter
19 12 safety and ethics education course before being issued a
19 13 hunting license. The bill provides that the certificate may
19 14 be issued by another state, or a country, or province that
19 15 meets the standards adopted by the international hunter
19 16 education association. The bill authorizes the department to
19 17 establish, assess, and collect a fee for conducting the
19 18 course. Moneys from the fees are deposited into the fish and
19 19 game protection fund. The bill also amends the Code section
19 20 to provide that the department may produce hunter safety and
19 21 ethics education courses in an electronic format.
19 22 DIVISION X == USE OF LASER SIGHTS BY BLIND HUNTERS. The
19 23 bill provides that a person who is totally blind may hunt
19 24 using a gun or bow equipped with a laser sight so long as the
19 25 person is accompanied by a sighted person. The person's
19 26 blindness must be certified by medical evidence.
19 27 DIVISION XI == TRESPASSING WHILE HUNTING. The bill amends
19 28 Code chapter 716 which prohibits trespass to property as
19 29 defined in Code section 716.7, presumably governing how that
19 30 term is used throughout the Code chapter. The bill amends
19 31 Code section 716.8 which provides that a person who commits
19 32 trespass and takes a deer owned by the state is subject to a
19 33 civil penalty. The bill eliminates the express reference to
19 34 the definition of trespass provided in Code section 716.7,
19 35 subsection 2, (entering upon or in property without the
20 1 express permission of the owner, entering or remaining upon or
20 2 in property without justification after being notified or
20 3 requested to leave, entering on property to commit an unlawful
20 4 use, or entering on railway property without lawful
20 5 authority). The bill provides that a person who commits
20 6 trespass while hunting commits a simple misdemeanor regardless
20 7 of whether a deer is taken. A simple misdemeanor is
20 8 punishable by confinement for no more than 30 days or a fine
20 9 of at least $65 but not more than $625 or by both.
20 10 DIVISION XII == CITATION IN LIEU OF ARREST. The bill
20 11 amends Code section 805.8B which authorizes the department to
20 12 issue a citation for certain violations of law including for
20 13 the spreading of an aquatic invasive species (Eurasian water
20 14 milfoil), by increasing the scheduled fine from $100 to $500.
20 15 DIVISION XIII == CODE CORRECTIONS. The bill amends a
20 16 number of Code sections by correcting the name of the
20 17 department.
20 18 LSB 6563HC 82
20 19 da/sc/14