H.F. 2196 DIVISION I 1 ROUTINE INSPECTION CHECKS 2 Section 1. NEW SECTION . 462A.21 Routine inspection checks. 3 1. For purposes of this section, “routine inspection check” 4 means an inspection of a watercraft, an individual operating a 5 watercraft, or a passenger on a watercraft which is conducted 6 by the department without reasonable suspicion while the 7 watercraft is on a water of this state under the jurisdiction 8 of the commission. 9 2. The department may conduct routine inspection checks of 10 watercraft under this chapter only as provided in this section. 11 A routine inspection check shall only be conducted to enforce 12 compliance with any of the following: 13 a. The seaworthiness of the watercraft. 14 b. Safety equipment required for the watercraft. 15 c. The provisions of chapters 481A and 483A. 16 3. A routine inspection check conducted under this section 17 shall meet the following requirements: 18 a. The location of the routine inspection check, the time 19 period during which the routine inspection check will be 20 conducted, and the procedure to be used while conducting the 21 routine inspection check shall be determined by policymaking 22 administrative officers of the department. 23 b. The department shall conduct a routine inspection check 24 only if it notifies the general public in the county of the 25 location of the routine inspection check in the same manner as 26 provided in section 481A.13A. 27 c. The location of the routine inspection check shall be 28 selected for its safety and visibility to persons operating 29 watercraft. The department shall provide advance warning 30 of the routine inspection check to operators of watercraft, 31 including by adequate advance warning signs, which shall be 32 illuminated at night or under conditions of poor visibility. 33 d. There shall be uniformed officers and marked official 34 vehicles or watercraft of the department involved, in 35 -1- LSB 5704HH (3) 85 da/nh 1/ 5

H.F. 2196 sufficient quantity and visibility to demonstrate the official 1 nature of the routine inspection check. 2 e. The selection of watercraft to be stopped shall not be 3 arbitrary. 4 f. The routine inspection check shall be conducted to 5 assure the safety of and to minimize the inconvenience to the 6 watercraft operators and passengers. 7 4. This section does not apply to the emergency inspection 8 of a watercraft conducted in response to an immediate threat to 9 the health, safety, or welfare of the public. 10 Sec. 2. NEW SECTION . 481A.13A Routine compliance checks. 11 1. For purposes of this section, “routine compliance 12 check” means the stopping and questioning, without reasonable 13 suspicion, of individuals regarding the compliance of the 14 individuals with the provisions of this chapter or chapter 15 483A while the individuals are at a location where the public 16 frequently congregates, recreates, or travels. 17 2. The department shall conduct a routine compliance check 18 only if it notifies the general public in the county of the 19 location of the routine compliance check, the time during which 20 the routine compliance check will be conducted, and the type of 21 routine compliance check to be conducted. The notice shall be 22 published at least three times in a newspaper with a general 23 circulation in the county where the routine compliance check 24 is to be conducted. 25 3. The department shall not act in an arbitrary manner when 26 selecting an individual to be detained pursuant to a routine 27 compliance check. 28 DIVISION II 29 ARTIFICIAL LIGHT 30 Sec. 3. Section 481A.93, Code 2014, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 3. It is conclusively presumed that a 33 person is not in violation of this section if all of the 34 following apply: 35 -2- LSB 5704HH (3) 85 da/nh 2/ 5

H.F. 2196 a. The person is the owner or tenant of the land, or the 1 spouse or child of the owner or tenant who resides with the 2 owner or tenant. 3 b. The person is not apprehended taking a bird or animal on 4 the land by using artificial light. 5 DIVISION III 6 CONFISCATION OF FIREARMS 7 Sec. 4. NEW SECTION . 483A.29 Confiscation of firearms. 8 The department shall not confiscate a firearm possessed by a 9 person for an alleged violation of chapter 481A or this chapter 10 if the person is any of the following: 11 1. The owner or tenant of the land on which the alleged 12 violation occurred. 13 2. The spouse or child of the owner or tenant of the land 14 on which the alleged violation occurred, if the person resides 15 with the owner or tenant. 16 DIVISION IV 17 HUNTING 18 Sec. 5. Section 483A.24, Code 2014, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 19. The department shall not impose a 21 penalty more severe than the issuance of a warning to a person 22 who hunts on neighboring land without having obtained a license 23 required under this chapter if all of the following apply: 24 a. The person is an owner or tenant of land, or is a family 25 member of such owner or tenant, who may hunt on the owner’s or 26 tenant’s land as provided in this section. 27 b. The neighboring land where the person was apprehended 28 borders the owner’s or tenant’s land. 29 c. The person was apprehended within one thousand twenty 30 feet from the border of the owner’s or tenant’s land. 31 d. The person did not take an animal on the land or the 32 person took an animal that the person could have taken under 33 this section on the owner’s or tenant’s land. 34 e. The person has not previously been guilty of hunting on 35 -3- LSB 5704HH (3) 85 da/nh 3/ 5

H.F. 2196 the neighboring land or any other land bordering the owner’s 1 or tenant’s land. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 GENERAL. This bill provides for the enforcement of a number 6 of provisions by the department of natural resources (DNR) 7 relating to recreation, including regulations involving boating 8 and wildlife management. Specifically the bill regulates 9 watercraft operating on navigable waters within the territorial 10 limits of this state (Code chapter 462A), wildlife conservation 11 (Code chapter 481A), and fishing and hunting licenses, 12 contraband, and firearms (Code chapter 483A). 13 ROUTINE INSPECTION CHECKS. The bill provides for routine 14 inspection checks conducted to enforce watercraft and wildlife 15 management regulations in circumstances in which the DNR does 16 not have a reasonable suspicion that a specific offense is 17 being committed. The bill provides that in both cases the 18 DNR must publish notice of the routine inspection check in a 19 newspaper having a general circulation in the county where the 20 routine inspection check is to be conducted. It also provides 21 that the selection of the individuals to be subjected to a 22 routine inspection check cannot be arbitrary. 23 SPECIAL REQUIREMENTS FOR WATERCRAFT INSPECTION. The bill 24 provides that a routine inspection check of watercraft or 25 an operator or passenger is limited to enforcing compliance 26 with certain requirements, including the seaworthiness of the 27 watercraft, safety equipment requirements, and enforcement of 28 wildlife management regulations. In addition, the DNR must 29 comply with a number of procedural requirements that involve 30 how routine inspection checks are to be conducted, methods 31 to notify and alert watercraft operators and passengers of a 32 routine inspection check, and where the routine inspection 33 check may be located. 34 EXCEPTIONS FOR OWNERS, TENANTS, AND FAMILY MEMBERS. The 35 -4- LSB 5704HH (3) 85 da/nh 4/ 5

H.F. 2196 bill provides several exceptions for a qualified person who 1 is an owner or tenant of land or family member who resides 2 with the owner or tenant and is alleged to have committed a 3 prohibited act on the owner’s or tenant’s land or neighboring 4 land. 5 EXCEPTION APPLIED TO THE USE OF ARTIFICIAL LIGHT. The bill 6 provides that such a qualified person who uses an artificial 7 light is conclusively presumed not to be in violation of the 8 prohibition against taking or attempting to take game using an 9 artificial light, unless the qualified person is apprehended 10 taking the game (Code section 481A.93). 11 EXCEPTION APPLIED TO THE CONFISCATION OF FIREARMS. The bill 12 prohibits the DNR from confiscating a firearm in the possession 13 of the qualified person for an alleged violation of a wildlife 14 management law. 15 EXCEPTION APPLIED TO THE TAKING OF GAME ON NEIGHBORING 16 LAND. The bill amends a provision that allows a qualified 17 person to take game without a license on the land or obtain 18 a special license to hunt deer or wild turkey (Code section 19 483A.24). The bill provides that the DNR must issue a warning 20 to a qualified person apprehended hunting on neighboring land. 21 The exception applies if the qualified person was apprehended 22 within one-half mile from the owner’s or tenant’s land, the 23 person did not take an animal on the neighboring land or the 24 person took an animal that the person could have taken on the 25 owner’s or tenant’s land, and the person has not previously 26 been guilty of hunting on any neighboring land. 27 -5- LSB 5704HH (3) 85 da/nh 5/ 5