House File 2315 - Introduced HOUSE FILE 2315 BY KLEIN A BILL FOR An Act prohibiting the department of natural resources from 1 employing peace officers to enforce the laws of the state 2 or rules and regulations pertaining to the natural resource 3 commission and including coordinating provisions, and 4 including an appropriation. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5077YH (5) 86 av/nh

H.F. 2315 Section 1. Section 85.61, subsection 11, unnumbered 1 paragraph 1, Code 2016, is amended to read as follows: 2 “Worker” or “employee” means a person who has entered 3 into the employment of, or works under contract of service, 4 express or implied, or apprenticeship, for an employer; an 5 executive officer elected or appointed and empowered under and 6 in accordance with the charter and bylaws of a corporation, 7 including a person holding an official position, or standing in 8 a representative capacity of the employer; an official elected 9 or appointed by the state, or a county, school district, area 10 education agency, municipal corporation, or city under any form 11 of government; a member of the state patrol; a conservation 12 officer; and a proprietor, limited liability company member, 13 limited liability partner, or partner who elects to be covered 14 pursuant to section 85.1A , except as specified in this chapter . 15 Sec. 2. Section 97B.49B, subsection 1, paragraph e, 16 subparagraph (1), Code 2016, is amended to read as follows: 17 (1) A conservation peace officer employed under section 18 456A.13 or as designated by a county conservation board 19 pursuant to section 350.5 . 20 Sec. 3. Section 456A.12, Code 2016, is amended to read as 21 follows: 22 456A.12 Lighting by law enforcement vehicles of conservation 23 peace officer. 24 The required usage of lighting devices set out in sections 25 321.384 through 321.409 and section 321.415 does not apply to 26 official law enforcement vehicles operated by conservation 27 peace officers appointed under section 456A.13 , while these 28 vehicles are being used in criminal investigations or while 29 attempting to apprehend suspected criminals to enforce laws 30 of the state and rules and regulations pertaining to the 31 jurisdiction of the commission . 32 Sec. 4. Section 456A.13, Code 2016, is amended to read as 33 follows: 34 456A.13 Officers and employees —— peace officer status 35 -1- LSB 5077YH (5) 86 av/nh 1/ 13

H.F. 2315 Assistants . 1 1. The director shall employ the number of assistants, 2 including a professionally trained state forester, that are 3 necessary to carry out the duties imposed on the commission ; 4 and, under the same conditions, the director shall appoint the 5 number of full-time officers and supervisory personnel that 6 are necessary to enforce all laws of the state and rules and 7 regulations of the commission. The full-time officers and 8 supervisory personnel have the same powers that are conferred 9 by law on peace officers in the enforcement of all laws of the 10 state of Iowa and the apprehension of violators. A person 11 appointed as a full-time officer shall be at least twenty-one 12 years of age on the date of appointment and shall not be 13 employed as a full-time officer after attaining the age of 14 sixty-five. “Full-time officer” means any person appointed by 15 the director to enforce the laws of this state . 16 2. Notwithstanding any other provision of law to the 17 contrary, enforcement of all laws of the state and rules 18 and regulations of the commission shall be enforced by a 19 peace officer of the department of public safety or of the 20 municipality or county where a violation occurs. The director 21 shall not employ assistants or employees with the status of 22 a peace officer to enforce laws of the state or rules and 23 regulations of the commission. 24 Sec. 5. Section 456A.24, subsection 12, Code 2016, is 25 amended by striking the subsection. 26 Sec. 6. Section 461A.41, unnumbered paragraph 2, Code 2016, 27 is amended to read as follows: 28 This section shall not apply to activities of the commission 29 or its officers, or employees when caring for and managing 30 state-owned land and waters under the jurisdiction of the 31 commission. This section shall not apply to the gathering or 32 removal of any tree, shrub, plant, flower, fruits, structures, 33 or natural attractions under terms, conditions, limitations, 34 and restrictions adopted by the commission as rules under 35 -2- LSB 5077YH (5) 86 av/nh 2/ 13

H.F. 2315 chapter 17A . 1 Sec. 7. Section 462A.12, subsection 6, Code 2016, is amended 2 to read as follows: 3 6. An owner or operator of a vessel propelled by a motor 4 of more than ten horsepower shall not permit any person under 5 twelve years of age to operate the vessel unless accompanied 6 in or on the same vessel by a responsible person of at 7 least eighteen years of age who is experienced in motorboat 8 operation. A person who is twelve years of age or older 9 but less than eighteen years of age shall not operate any 10 vessel propelled by a motor of more than ten horsepower unless 11 the person has successfully completed a department-approved 12 watercraft education course and obtained a watercraft education 13 certificate or is accompanied in or on the same vessel by a 14 responsible person of at least eighteen years of age who is 15 experienced in motorboat operation. A person required to 16 have a watercraft education certificate shall carry and shall 17 exhibit or make available the certificate upon request of 18 an a peace officer of the department . A violation of this 19 subsection is a simple misdemeanor as provided in section 20 462A.13 . However, a person charged with violating this 21 subsection shall not be convicted if the person produces 22 in court, within a reasonable time, a watercraft education 23 certificate. The cost of a watercraft education certificate, 24 or any duplicate, shall not exceed five dollars. 25 Sec. 8. Section 462A.20, Code 2016, is amended to read as 26 follows: 27 462A.20 Boat inspection. 28 1. A vessel either for hire or offered for hire upon any 29 waters of this state under the jurisdiction of the commission 30 may be inspected at any time by representatives of the 31 commission or by any peace officer who is trained in enforcing, 32 and who in the regular course of duty enforces, boating and 33 navigation laws. 34 2. Officers appointed by the commission or any Any peace 35 -3- LSB 5077YH (5) 86 av/nh 3/ 13

H.F. 2315 officer who is trained in enforcing, and who in the regular 1 course of duty enforces, boating and navigation laws shall have 2 the power and authority to determine whether such vessel is 3 safe for the transportation of passengers or cargo and upon 4 what waters it may be used. They A peace officer may determine 5 and designate the number of passengers or cargo, including 6 crew, that may be carried and determine whether the machinery, 7 equipment and all appurtenances are such as to make the vessel 8 seaworthy, where used, and such other matters as are pertinent. 9 3. Private vessels may also be inspected to determine their 10 seaworthiness at any time by representatives of the commission 11 or by any peace officer who is trained in enforcing, and who 12 in the regular course of duty enforces, boating and navigation 13 laws. 14 Sec. 9. Section 462A.23, subsection 1, Code 2016, is amended 15 to read as follows: 16 1. Any peace officer appointed by the commission may, for 17 cause, temporarily suspend the registration certificate of 18 any vessel that has been issued under this chapter , and the 19 commission, after a due hearing on the matter at its next 20 session, shall make final determination in the matter. 21 Sec. 10. Section 462A.29, Code 2016, is amended to read as 22 follows: 23 462A.29 Official duty exempted. 24 Peace officers, members of the commission, its their 25 deputies, agents , and employees are not violating the 26 provisions of this chapter while acting within the scope 27 of their employment in search and rescue operations, law 28 enforcement duty, emergency duty, and other resource management 29 activities as determined by rules of the commission. 30 Sec. 11. Section 462A.34B, subsections 1 and 2, Code 2016, 31 are amended to read as follows: 32 1. The operator of a vessel commits a serious misdemeanor if 33 the operator willfully fails to bring the vessel to a stop or 34 otherwise eludes or attempts to elude an authorized marked law 35 -4- LSB 5077YH (5) 86 av/nh 4/ 13

H.F. 2315 enforcement vessel operated by a uniformed peace officer or by 1 a water patrol officer of the department of natural resources , 2 after being given a visual and audible signal to stop. The 3 signals given by the officer shall be by displaying a blue 4 light or flashing blue and red lights and by sounding a horn or 5 siren. 6 2. The operator of a vessel commits an aggravated 7 misdemeanor if the operator willfully fails to bring the 8 vessel to a stop or otherwise eludes or attempts to elude 9 an authorized marked law enforcement vessel operated by a 10 uniformed peace officer or by a water patrol officer of the 11 department of natural resources , after being given a visual and 12 audible signal to stop as provided in this section and in doing 13 so exceeds a reasonable speed. 14 Sec. 12. Section 462A.34B, subsection 3, unnumbered 15 paragraph 1, Code 2016, is amended to read as follows: 16 The operator of a vessel commits a class “D” felony if the 17 operator willfully fails to bring the vessel to a stop or 18 otherwise eludes or attempts to elude an authorized marked law 19 enforcement vessel operated by a uniformed peace officer or by 20 a water patrol officer of the department of natural resources , 21 after being given a visual and audible signal to stop as 22 provided in this section , and in doing so exceeds a reasonable 23 speed, and if any of the following occurs: 24 Sec. 13. Section 462A.66, Code 2016, is amended to read as 25 follows: 26 462A.66 Inspection authority. 27 An officer of the commission or any Any peace officer who 28 is trained in enforcing, and who in the regular course of duty 29 enforces, boating and navigation laws may stop and inspect a 30 vessel being launched, being operated, or being moored on the 31 waters of this state under the jurisdiction of the commission 32 to determine whether the vessel is properly registered, 33 numbered, and equipped as provided under this chapter and rules 34 of the commission. An officer may board a vessel in the course 35 -5- LSB 5077YH (5) 86 av/nh 5/ 13

H.F. 2315 of an inspection if the operator is unable to supply visual 1 evidence that the vessel is properly registered and equipped 2 as required by this chapter and rules of the commission. The 3 inspection shall not include an inspection of an area that is 4 not essential to determine compliance with the provisions of 5 this chapter and rules of the commission. 6 Sec. 14. Section 462A.70, subsection 2, Code 2016, is 7 amended to read as follows: 8 2. Test to determine true number or plate. When it appears 9 that a hull identification number, capacity plate, or any 10 other plate, warning label, or instrument required by state 11 or federal law has been altered, defaced, or tampered with, a 12 peace officer or inspector employed by the commission or any 13 other person acting under the direction of a peace officer or 14 inspector , may apply any recognized process or test to the 15 vessel or part containing such number or plate for the purpose 16 of determining the true number or plate content. 17 Sec. 15. Section 481A.13, Code 2016, is amended to read as 18 follows: 19 481A.13 Search warrants. 20 Any court having jurisdiction of the offense, upon receiving 21 proof of probable cause for believing that any fish, mussels, 22 clams, frogs, birds, furs, or animals caught, taken, killed, 23 had in possession, under control, or shipped, contrary to the 24 Code, or hidden or concealed in any place, shall issue a search 25 warrant and cause a search to be made in any place therefor. 26 The property so seized under warrant shall be safely kept under 27 the direction of the court so long as necessary for the purpose 28 of being used as evidence in any trial, and if a trial results 29 in a conviction the property seized shall be confiscated by the 30 director or the director’s officers by a peace officer . 31 Sec. 16. Section 481A.30, Code 2016, is amended to read as 32 follows: 33 481A.30 Entire shipment contraband. 34 In the shipping of fish, game, animals, birds, or furs, 35 -6- LSB 5077YH (5) 86 av/nh 6/ 13

H.F. 2315 whenever a container includes one or more fish, game, animals, 1 birds or furs that are contraband, the entire contents of the 2 container shall be deemed contraband, and shall be seized by 3 the director or the director’s officers by a peace officer . 4 Sec. 17. Section 481A.35, Code 2016, is amended to read as 5 follows: 6 481A.35 Attorney general and county attorneys. 7 It shall be the duty of the attorney general, when requested 8 by the director, to give the attorney general’s opinion in 9 writing upon any question of law arising under this chapter ; 10 and it shall be the duty of all county attorneys in this state 11 when requested by the director or any peace officer appointed 12 by the commission , to prosecute all criminal actions brought in 13 their respective counties for violations of the provisions of 14 this chapter . Nothing in this chapter shall be construed as 15 prohibiting any person from instituting legal proceedings for 16 the enforcement of any of the provisions thereof. 17 Sec. 18. Section 481A.40, subsection 5, Code 2016, is 18 amended to read as follows: 19 5. An A peace officer of the department may take possession 20 of or dispose of any wildlife under the jurisdiction of the 21 department of natural resources that the officer reasonably 22 believes has been administered drugs in violation of this 23 section . 24 Sec. 19. Section 481A.52, Code 2016, is amended to read as 25 follows: 26 481A.52 Exhibiting catch to officer. 27 A person who has in possession any game bird or game animal, 28 fish or fur or part thereof shall upon request of the director 29 or any peace officer appointed by the department exhibit it to 30 the director or officer, and a refusal to do so is a violation 31 of the Code. 32 Sec. 20. Section 481A.56, subsection 3, Code 2016, is 33 amended to read as follows: 34 3. A call back pen or live trap may be used for the purpose 35 -7- LSB 5077YH (5) 86 av/nh 7/ 13

H.F. 2315 of retrieving banded birds when released in the wild for 1 training purposes. Any bird not so banded when taken in a call 2 back pen or trap shall be immediately returned unbanded to the 3 wild. All call back pens or live traps when in use shall have 4 attached a metal tag plainly labeled with the owner’s name and 5 address. Conservation Peace officers shall have authority 6 to confiscate such traps when found in use and not properly 7 labeled. 8 Sec. 21. Section 481A.62, subsections 5 and 6, Code 2016, 9 are amended to read as follows: 10 5. An on-site inspection of facilities shall be conducted 11 by an a peace officer of the commission prior to the initial 12 issuance of a game breeder’s license. The facilities may be 13 reinspected by an officer of the commission at any reasonable 14 time. 15 6. Any peace officer of the commission may enter any place 16 where any game bird, game animal, or fur-bearing animal is 17 at the time located, or where it has been kept, or where the 18 carcass of such animal may be, for the purpose of examining it 19 in any way that may be necessary to determine whether it was or 20 is infected with any contagious or infectious disease. 21 Sec. 22. Section 481A.68, subsection 3, Code 2016, is 22 amended to read as follows: 23 3. An untagged tip-up fishing device found in use shall be 24 confiscated by any peace officer appointed pursuant to section 25 456A.13 or 456A.14 . 26 Sec. 23. Section 481A.73, Code 2016, is amended to read as 27 follows: 28 481A.73 Trotlines and tagged lines. 29 In the waters of the state open to their use, a person shall 30 not use more than five tagged lines set to take fish such as 31 trotlines or throw lines. Such tagged lines shall not have 32 in the aggregate more than fifteen hooks. Each separate line 33 when in use shall have attached a tag plainly labeled with the 34 owner’s name and address, shall be checked at least once each 35 -8- LSB 5077YH (5) 86 av/nh 8/ 13

H.F. 2315 twenty-four hours, and a person shall not use tagged lines in a 1 stocked lake or within three hundred feet of a dam or spillway 2 or in a stream or portion of stream, which is closed or posted 3 against the use of such tackle. One end of such lines shall be 4 set from the shore and be visible above the shore waterline, 5 but no such line shall be set entirely across a stream or body 6 of water. Any untagged or unlawful lines when found in use 7 shall be confiscated by any peace officer appointed by the 8 director . 9 Sec. 24. Section 481A.90, subsection 1, Code 2016, is 10 amended to read as follows: 11 1. A person shall not molest or disturb, in any manner, 12 any den, lodge, or house of a fur-bearing animal or beaver dam 13 except by written permission of an a peace officer appointed by 14 the director . 15 Sec. 25. Section 481A.92, subsection 1, Code 2016, is 16 amended to read as follows: 17 1. A person shall not use or attempt to use colony traps 18 in taking, capturing, trapping, or killing any game or 19 fur-bearing animals except muskrats as determined by rule of 20 the commission. Box traps capable of capturing more than one 21 game or fur-bearing animal at each setting are prohibited. A 22 valid hunting license is required for box trapping cottontail 23 rabbits and squirrels. All traps and snares used for the 24 taking of fur-bearing animals shall have a metal tag attached 25 plainly labeled with the user’s name and address. All traps 26 and snares, except those which are placed entirely under 27 water, shall be checked at least once every twenty-four hours. 28 Officers appointed by the department A peace officer may 29 confiscate such traps and snares found in use that are not 30 properly labeled or checked. 31 Sec. 26. Section 481A.126, subsection 6, Code 2016, is 32 amended to read as follows: 33 6. All transactions, tags, and specimens left in the 34 custody of the taxidermist by another person shall be open to 35 -9- LSB 5077YH (5) 86 av/nh 9/ 13

H.F. 2315 inspection by a conservation peace officer at any reasonable 1 hour. 2 Sec. 27. Section 481C.2A, subsection 4, Code 2016, is 3 amended to read as follows: 4 4. A person who harvests a deer with a deer depredation 5 license or a deer shooting permit issued pursuant to this 6 section shall utilize the deer harvest reporting system set 7 forth in section 483A.8A and shall not be subject to different 8 disposal or reporting requirements than are applicable to the 9 harvest of deer pursuant to other deer hunting licenses except 10 that any antlers on a deer taken pursuant to a shooting permit 11 shall be delivered to the local conservation peace officer for 12 disposal. 13 Sec. 28. Section 482.7, subsection 1, Code 2016, is amended 14 to read as follows: 15 1. A commercial fisher, commercial turtle harvester, 16 or commercial roe harvester licensee must be present when 17 commercial gear is operated. A commercial fish helper or 18 commercial turtle helper shall not operate commercial gear 19 except under the direct supervision of a commercial fisher, 20 commercial turtle harvester, or commercial roe harvester. A 21 nonresident commercial turtle helper is licensed only to assist 22 a licensed nonresident commercial turtle harvester. Commercial 23 gear shall be lifted and emptied of catch as provided by the 24 rules of the commission. Constant attendance by the commercial 25 fisher of seines, trammel nets, and gill nets is required 26 when the gear is fished by driving, drive-seining, seining, 27 floating, or drifting methods. Officers of the commission 28 A peace officer may grant a reasonable extension of gear 29 attendance intervals only upon the request of a commercial 30 fisher, commercial turtle harvester, or commercial roe 31 harvester specifying why such an extension is necessary. 32 Sec. 29. Section 482.14, subsection 6, Code 2016, is amended 33 to read as follows: 34 6. Facilities and records of commercial fish buyers, 35 -10- LSB 5077YH (5) 86 av/nh 10/ 13

H.F. 2315 commercial turtle buyers, commercial roe harvesters, and 1 commercial roe buyers shall be open at all reasonable times for 2 inspection by any conservation peace officer. 3 Sec. 30. Section 483A.24, subsection 7, Code 2016, is 4 amended to read as follows: 5 7. A license shall not be required of minor pupils of the 6 state school for the blind, state school for the deaf, or of 7 minor residents of other state institutions under the control 8 of an administrator of a division of the department of human 9 services. In addition, a person who is on active duty with the 10 armed forces of the United States, on authorized leave from 11 a duty station located outside of this state, and a resident 12 of the state of Iowa shall not be required to have a license 13 to hunt or fish in this state. The military person shall 14 carry the person’s leave papers and a copy of the person’s 15 current earnings statement showing a deduction for Iowa income 16 taxes while hunting or fishing. In lieu of carrying the 17 person’s earnings statement, the military person may also claim 18 residency if the person is registered to vote in this state. 19 If a deer or wild turkey is taken, the military person shall 20 immediately contact a state conservation peace officer to 21 obtain an appropriate tag to transport the animal. A license 22 shall not be required of residents of county care facilities 23 or any person who is receiving supplementary assistance under 24 chapter 249 . 25 Sec. 31. Section 483A.27, subsections 5 and 10, Code 2016, 26 are amended to read as follows: 27 5. An A peace officer of the department or a certified 28 instructor may issue a certificate to a person who has not 29 completed the hunter education course but meets the criteria 30 established by the commission. 31 10. A person under eighteen years of age who is required 32 to exhibit a valid hunting license shall also exhibit a 33 valid certificate of completion from a state approved hunter 34 education course upon request of an a peace officer of the 35 -11- LSB 5077YH (5) 86 av/nh 11/ 13

H.F. 2315 department . A failure to carry or refusal to exhibit the 1 certificate of completion as provided in this subsection is a 2 violation of this chapter . A violator is guilty of a simple 3 misdemeanor as provided in section 483A.42 . 4 Sec. 32. Section 483A.32, Code 2016, is amended to read as 5 follows: 6 483A.32 Public nuisance. 7 Any device, contrivance, or material used to violate a rule 8 adopted by the commission, or any other provision of this 9 chapter or chapter 481A , 481B , 482 , 484A , or 484B , is a public 10 nuisance and may be condemned by the state. The director, the 11 director’s officers, or any Any peace officer , shall seize the 12 devices, contrivances, or materials used as a public nuisance, 13 without warrant or process, and deliver them to a magistrate 14 having jurisdiction. An automobile shall not be construed to 15 be a public nuisance under this section . 16 Sec. 33. Section 801.4, subsection 11, paragraph g, Code 17 2016, is amended by striking the paragraph. 18 Sec. 34. REPEAL. Sections 456A.14 and 461A.26, Code 2016, 19 are repealed. 20 Sec. 35. STATE MANDATE APPROPRIATION. There is 21 appropriated from the state fish and game protection fund of 22 the state to the department of natural resources for the fiscal 23 year beginning July 1, 2016, and ending June 30, 2017, the 24 following amount, or so much thereof as is necessary, to be 25 used for the purpose designated: 26 For disbursement to a municipality or a county upon a 27 claim filed by the municipality or county to reimburse 28 the municipality or county for costs associated with the 29 administration of this Act: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,600,000 31 1. The department shall adopt rules pursuant to chapter 17A 32 specifying the procedures to be followed by a municipality or a 33 county in submitting claims for reimbursement. 34 2. The appropriation made in this section shall be deemed 35 -12- LSB 5077YH (5) 86 av/nh 12/ 13

H.F. 2315 to meet all the state funding-related requirements of section 1 25B.2, subsection 3, and no additional state funding shall 2 be necessary for the full implementation of this Act by 3 and enforcement of this Act against all affected political 4 subdivisions. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill provides that the director of the department of 9 natural resources shall not employ assistants or employees with 10 the status of a peace officer to enforce laws of the state 11 or rules and regulations of the natural resource commission 12 and such enforcement shall be by a peace officer of the 13 department of public safety or of the municipality or county 14 where a violation occurs. The bill also includes coordinating 15 provisions. 16 The bill may include a state mandate as defined in Code 17 section 25B.3. The bill also includes an appropriation for 18 FY 2016-2017 to comply with the state mandate funding-related 19 requirements of Code section 25B.2. The inclusion of the 20 appropriation is intended to reinstate the requirement of 21 political subdivisions to comply with any state mandates 22 included in the bill. 23 -13- LSB 5077YH (5) 86 av/nh 13/ 13