HF 2484 (LSB 5824HV (3) 83)

HOUSE FILE 2484

BY  COMMITTEE ON NATURAL RESOURCES

(SUCCESSOR TO HF 2293)

A BILL FOR

An Act exempting certain boat harbors from certain dock requirements and including effective date and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  462A.27A  Dock requirements —— exemptions.
   1.  Applicants for a class I, II, and III permits for docks in a boat harbor located on the Cedar river in a city with a population of more than one hundred twenty-five thousand located in a county with a population of more than two hundred thousand that meet other standard dock requirements but use containers not originally manufactured as flotation devices, shall be issued a permit and authorized by the department to continue to use such containers as flotation devices if the containers were in use on or before February 15, 2010. At the time that such flotation devices are replaced, the replacement flotation devices shall comply with the rules of the department.
   2.  Applicants for a class I, II, or III dock permit in a boat harbor located on the Cedar river in a city with a population of more than one hundred twenty-five thousand located in a county with a population of more than two hundred thousand as of February 15, 2010, who are issued a permit pursuant to subsection 1 shall be authorized by the department to transfer the permit to a child of the current permit holder and the child of a current permit holder may renew the permit for additional terms so long as all requirements to hold a dock permit are met. A child of a current permit holder to whom the permit is transferred shall be subject to the provisions of subsection 1.
   3.  If a holder of a class I, II, or III permit for a dock in a boat harbor located on the Cedar river in a city with a population of more than one hundred twenty-five thousand located in a county with a population of more than two hundred thousand does not renew the permit or transfer the permit to the holder’s child as provided in subsection 2, the department shall make the permit available to members of the general public in compliance with rules of the department. However, a member of the general public who purchases a permit pursuant to this subsection shall meet all requirements of the department to hold a dock permit and is not subject to the provisions of subsection 1.
   4.  This section is retroactively applicable to persons who have submitted an application for a dock permit as of February 15, 2010.
    Sec. 2.  EFFECTIVE UPON ENACTMENT AND RETROACTIVE APPLICABILITY.  This Act, being deemed of immediate importance, takes effect upon enactment and applies retroactively to February 15, 2010.
EXPLANATION
    This bill allows applicants for class I, II, and III permits for docks in a boat harbor located on the Cedar river in a city with a population of more than 125,000 located in a county with a population of more than 200,000 who are issued a dock permit and meet other standard dock requirements but use containers not originally manufactured as flotation devices to continue to use such containers if the containers were in use on or before February 15, 2010. If such flotation devices are replaced, the replacement devices must comply with standard dock requirements.
   The bill also allows applicants for class I, II, and III dock permits in a boat harbor located on the Cedar river in a city with a population of more than 125,000 located in a county with a population of more than 200,000 as of February 15, 2010, who are issued a dock permit, to transfer their dock permits to their children and allows those children to renew the permits for additional terms so long as requirements to hold a dock permit are met. A child of a current permit holder to whom a permit is transferred shall be subject to the provisions of subsection 1.
   The bill also provides that if the holder of a dock permit does not renew the permit or transfer the permit to the holder’s child, the department of natural resources shall make the permit available to members of the general public in compliance with department rules. However, a member of the general public who purchases such a permit is not subject to the exemption from dock requirements contained in subsection 1 of the bill.
   The bill is effective upon enactment and is retroactively applicable to February 15, 2010.