House File 2131 - Introduced HOUSE FILE 2131 BY KLEIN A BILL FOR An Act requiring that certain civil penalties assessed for 1 violations of statutes enforced by the department of natural 2 resources be deposited in the general fund of the state. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5076YH (3) 86 av/nh

H.F. 2131 Section 1. Section 462A.43, Code 2016, is amended to read 1 as follows: 2 462A.43 Transfer of ownership. 3 Upon the transfer of ownership of any vessel, the owner, 4 except as otherwise provided by this chapter , shall complete 5 the form on the back of the registration certificate and 6 shall deliver it to the purchaser or transferee at the 7 time of delivering the vessel. If a vessel has an expired 8 registration at the time of transfer, the transferee shall 9 pay all applicable fees for the current registration period, 10 the appropriate writing fee, and a penalty of five dollars, 11 and a transfer of number shall be awarded in the same manner 12 as provided for in an original registration. All penalties 13 collected pursuant to this section shall be forwarded by the 14 commission to the treasurer of state, who shall place the money 15 in the general fund of the state fish and game protection fund. 16 The money so collected is appropriated to the commission solely 17 for the administration and enforcement of navigation laws and 18 water safety . 19 Sec. 2. Section 481A.125A, subsection 4, Code 2016, is 20 amended to read as follows: 21 4. In addition, any person who violates this section 22 is subject to a civil penalty, which may be levied by 23 the department, of not more than ten thousand dollars for 24 each violation of this section . The moneys collected from 25 imposition of a civil penalty shall be deposited in the general 26 fund of the state fish and game protection fund . 27 Sec. 3. Section 481A.131, subsection 2, Code 2016, is 28 amended to read as follows: 29 2. Any liquidated damages assessed under this section and 30 section 481A.130 shall be paid to the clerk of court. The 31 clerk of court shall remit the damages paid to the department 32 of natural resources. The department of natural resources 33 shall credit such damages to the state fish and game protection 34 fund treasurer of state, who shall place the money in the 35 -1- LSB 5076YH (3) 86 av/nh 1/ 3

H.F. 2131 general fund of the state . 1 Sec. 4. Section 481A.151, subsection 4, Code 2016, is 2 amended to read as follows: 3 4. Moneys collected by the department in restitution shall 4 be deposited into the general fund of the state fish and game 5 protection fund. The moneys shall be used exclusively to 6 support restoration or improvement of fisheries, including but 7 not limited to aquatic habitat improvement projects as provided 8 in rules adopted by the commission. However, moneys collected 9 from restitution paid for investigative costs shall be used as 10 determined by the director . 11 Sec. 5. Section 483A.33, subsection 5, paragraph a, Code 12 2016, is amended to read as follows: 13 a. Upon a finding by the court that the property is 14 condemnable, the court shall enter an order transferring title 15 of the property to the state, and placed at the disposal of 16 the director, who may use or sell the property, depositing 17 forwarding the proceeds of the sale to the treasurer of state, 18 who shall place the money in the general fund of the state fish 19 and game protection fund . 20 Sec. 6. Section 484C.13, subsection 2, Code 2016, is amended 21 to read as follows: 22 2. A landowner who keeps preserve whitetail and who fails to 23 register with the department as required in section 484C.7 is 24 subject to a civil penalty of not more than two thousand five 25 hundred dollars. The civil penalty shall be deposited in the 26 general fund of the state fish and game protection fund . 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill requires that certain civil penalties assessed 31 for violations of statutes enforced by the department of 32 natural resources be deposited in the general fund of the state 33 instead of in the state fish and game protection fund. The 34 penalties relate to violations concerning expired registration 35 -2- LSB 5076YH (3) 86 av/nh 2/ 3

H.F. 2131 of a boat; prohibited remote control or internet hunting; 1 liquidated damages assessed for unlawfully taking, catching, 2 killing, injuring, destroying, or possessing any fish, game, 3 or fur-bearing animal; damages for water pollution causing 4 injury to a wild animal; proceeds from the sale of property 5 used to violate the state’s fish and game laws; and fines 6 for failure to register when keeping preserve whitetail on a 7 hunting preserve. 8 -3- LSB 5076YH (3) 86 av/nh 3/ 3