House File 2484 - Introduced HOUSE FILE 2484 BY COMMITTEE ON NATURAL RESOURCES (SUCCESSOR TO HF 2293) A BILL FOR An Act exempting certain boat harbors from certain dock 1 requirements and including effective date and retroactive 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5824HV (3) 83 av/sc
H.F. 2484 Section 1. NEW SECTION . 462A.27A Dock requirements —— 1 exemptions. 2 1. Applicants for a class I, II, and III permits for docks 3 in a boat harbor located on the Cedar river in a city with 4 a population of more than one hundred twenty-five thousand 5 located in a county with a population of more than two hundred 6 thousand that meet other standard dock requirements but use 7 containers not originally manufactured as flotation devices, 8 shall be issued a permit and authorized by the department 9 to continue to use such containers as flotation devices if 10 the containers were in use on or before February 15, 2010. 11 At the time that such flotation devices are replaced, the 12 replacement flotation devices shall comply with the rules of 13 the department. 14 2. Applicants for a class I, II, or III dock permit in 15 a boat harbor located on the Cedar river in a city with a 16 population of more than one hundred twenty-five thousand 17 located in a county with a population of more than two hundred 18 thousand as of February 15, 2010, who are issued a permit 19 pursuant to subsection 1 shall be authorized by the department 20 to transfer the permit to a child of the current permit holder 21 and the child of a current permit holder may renew the permit 22 for additional terms so long as all requirements to hold a dock 23 permit are met. A child of a current permit holder to whom the 24 permit is transferred shall be subject to the provisions of 25 subsection 1. 26 3. If a holder of a class I, II, or III permit for a dock 27 in a boat harbor located on the Cedar river in a city with 28 a population of more than one hundred twenty-five thousand 29 located in a county with a population of more than two hundred 30 thousand does not renew the permit or transfer the permit to 31 the holder’s child as provided in subsection 2, the department 32 shall make the permit available to members of the general 33 public in compliance with rules of the department. However, a 34 member of the general public who purchases a permit pursuant to 35 -1- LSB 5824HV (3) 83 av/sc 1/ 3
H.F. 2484 this subsection shall meet all requirements of the department 1 to hold a dock permit and is not subject to the provisions of 2 subsection 1. 3 4. This section is retroactively applicable to persons who 4 have submitted an application for a dock permit as of February 5 15, 2010. 6 Sec. 2. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 7 APPLICABILITY. This Act, being deemed of immediate importance, 8 takes effect upon enactment and applies retroactively to 9 February 15, 2010. 10 EXPLANATION 11 This bill allows applicants for class I, II, and III 12 permits for docks in a boat harbor located on the Cedar river 13 in a city with a population of more than 125,000 located in a 14 county with a population of more than 200,000 who are issued a 15 dock permit and meet other standard dock requirements but use 16 containers not originally manufactured as flotation devices to 17 continue to use such containers if the containers were in use 18 on or before February 15, 2010. If such flotation devices are 19 replaced, the replacement devices must comply with standard 20 dock requirements. 21 The bill also allows applicants for class I, II, and III dock 22 permits in a boat harbor located on the Cedar river in a city 23 with a population of more than 125,000 located in a county with 24 a population of more than 200,000 as of February 15, 2010, who 25 are issued a dock permit, to transfer their dock permits to 26 their children and allows those children to renew the permits 27 for additional terms so long as requirements to hold a dock 28 permit are met. A child of a current permit holder to whom a 29 permit is transferred shall be subject to the provisions of 30 subsection 1. 31 The bill also provides that if the holder of a dock permit 32 does not renew the permit or transfer the permit to the 33 holder’s child, the department of natural resources shall 34 make the permit available to members of the general public in 35 -2- LSB 5824HV (3) 83 av/sc 2/ 3
H.F. 2484 compliance with department rules. However, a member of the 1 general public who purchases such a permit is not subject to 2 the exemption from dock requirements contained in subsection 3 1 of the bill. 4 The bill is effective upon enactment and is retroactively 5 applicable to February 15, 2010. 6 -3- LSB 5824HV (3) 83 av/sc 3/ 3