Senate Study Bill 1206 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT BILL BY CHAIRPERSON DEARDEN) A BILL FOR An Act relating to hunter education license requirements, 1 providing for an apprentice hunter permit and fee, and 2 including penalty provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2310XC (3) 86 av/nh
S.F. _____ Section 1. Section 483A.1, subsection 1, Code 2015, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . ad. Apprentice hunter 3 permit .......... $ 5.00 4 Sec. 2. Section 483A.7, subsection 3, paragraph a, Code 5 2015, is amended to read as follows: 6 a. A nonresident wild turkey hunter is required to purchase 7 a nonresident hunting license that includes the wildlife 8 habitat fee and a nonresident wild turkey hunting license. The 9 commission shall annually limit to two thousand three hundred 10 licenses the number of nonresidents allowed to have wild turkey 11 hunting licenses. Of the two thousand three hundred licenses, 12 one hundred fifty licenses shall be valid for hunting with 13 muzzle loading shotguns only. The commission shall allocate 14 the nonresident wild turkey hunting licenses issued among the 15 zones based on the populations of wild turkey. A nonresident 16 applying for a wild turkey hunting license must exhibit proof 17 of having successfully completed a hunter safety and ethics 18 education program as provided in section 483A.27 or its 19 equivalent as determined by the department before the license 20 is issued. 21 Sec. 3. Section 483A.8, subsection 3, paragraph d, Code 22 2015, is amended to read as follows: 23 d. The commission shall allocate all nonresident deer 24 hunting licenses issued among the zones based on the 25 populations of deer. However, a nonresident applicant may 26 request one or more hunting zones, in order of preference, in 27 which the applicant wishes to hunt. If the request cannot 28 be fulfilled, the applicable fees shall be returned to the 29 applicant. A nonresident applying for a deer hunting license 30 must exhibit proof of having successfully completed a hunter 31 safety and ethics education program as provided in section 32 483A.27 or its equivalent as determined by the department 33 before the license is issued. 34 Sec. 4. Section 483A.24, subsection 3, paragraph a, Code 35 -1- LSB 2310XC (3) 86 av/nh 1/ 9
S.F. _____ 2015, is amended to read as follows: 1 a. Fifty of the nonresident deer hunting licenses shall be 2 allocated as requested by a majority of a committee consisting 3 of the majority leader of the senate, speaker of the house 4 of representatives, and director of the economic development 5 authority, or their designees. The licenses provided pursuant 6 to this subsection shall be in addition to the number of 7 nonresident licenses authorized pursuant to section 483A.8 . 8 The purpose of the special nonresident licenses is to allow 9 state officials and local development groups to promote the 10 state and its natural resources to nonresident guests and 11 dignitaries. Photographs, videotapes, or any other form 12 of media resulting from the hunting visitation shall not 13 be used for political campaign purposes. The nonresident 14 licenses shall be issued without application upon purchase of a 15 nonresident hunting license that includes the wildlife habitat 16 fee and the purchase of a nonresident deer hunting license. 17 The licenses are valid in all zones open to deer hunting. The 18 hunter safety and ethics education certificate requirement 19 pursuant to section 483A.27 is waived for a nonresident issued 20 a license pursuant to this subsection . 21 Sec. 5. Section 483A.24, subsection 4, paragraph a, Code 22 2015, is amended to read as follows: 23 a. Fifty of the nonresident wild turkey hunting licenses 24 shall be allocated as requested by a majority of a committee 25 consisting of the majority leader of the senate, speaker of 26 the house of representatives, and director of the economic 27 development authority, or their designees. The licenses 28 provided pursuant to this subsection shall be in addition 29 to the number of nonresident licenses authorized pursuant 30 to section 483A.7 . The purpose of the special nonresident 31 licenses is to allow state officials and local development 32 groups to promote the state and its natural resources to 33 nonresident guests and dignitaries. Photographs, videotapes, 34 or any other form of media resulting from the hunting 35 -2- LSB 2310XC (3) 86 av/nh 2/ 9
S.F. _____ visitation shall not be used for political campaign purposes. 1 The nonresident licenses shall be issued without application 2 upon purchase of a nonresident hunting license that includes 3 the wildlife habitat fee and the purchase of a nonresident wild 4 turkey hunting license. The licenses are valid in all zones 5 open to wild turkey hunting. The hunter safety and ethics 6 education certificate requirement pursuant to section 483A.27 7 is waived for a nonresident issued a license pursuant to this 8 subsection . 9 Sec. 6. Section 483A.24, subsection 5, paragraph e, Code 10 2015, is amended to read as follows: 11 e. A disabled person who receives a special license under 12 this subsection shall complete the hunter safety and ethics 13 education course. 14 Sec. 7. Section 483A.24, subsection 12, paragraph d, Code 15 2015, is amended to read as follows: 16 d. A nonresident who receives a special license pursuant to 17 this subsection shall purchase a hunting license that includes 18 the wildlife habitat fee and the applicable nonresident turkey 19 or deer hunting license, but is not required to complete the 20 hunter safety and ethics education course if the person is 21 accompanied and aided by a person who is at least eighteen 22 years of age. The accompanying person must be qualified to 23 hunt and have a hunting license that includes the wildlife 24 habitat fee. During the hunt, the accompanying adult must be 25 within arm’s reach of the nonresident licensee. 26 Sec. 8. Section 483A.27, Code 2015, is amended to read as 27 follows: 28 483A.27 Hunter safety and ethics education program —— license 29 requirement. 30 1. A person born after January 1, 1972, shall not obtain a 31 hunting license unless the person has satisfactorily completed 32 a hunter safety and ethics education course approved by the 33 commission. A person who is eleven years of age or more 34 may enroll in an approved hunter safety and ethics education 35 -3- LSB 2310XC (3) 86 av/nh 3/ 9
S.F. _____ course, but a person who is eleven years of age and who has 1 successfully completed the course shall be issued a certificate 2 of completion which becomes valid on the person’s twelfth 3 birthday. A certificate of completion from an approved hunter 4 safety and ethics education course issued in this state, or a 5 certificate issued by another state, country, or province for 6 completion of a course that meets the standards adopted by the 7 international hunter education association United States of 8 America , is valid for the requirements of this section . 9 2. a. A certificate of completion shall not be issued 10 to a person who has not satisfactorily completed a minimum 11 of ten hours of training in an approved hunter safety and 12 ethics education course. The department shall establish the 13 curriculum based on the standards adopted by the international 14 hunter education association United States of America for the 15 first ten hours of an the approved hunter safety and ethics 16 education course offered in this state . Upon completion 17 of the ten-hour curriculum course , each person shall pass 18 an individual oral test or a written test provided by the 19 department. The department shall establish the criteria for 20 successfully passing the tests. Based on the results of 21 the test and demonstrated safe handling of a firearm, the 22 instructor shall determine the persons who shall be issued a 23 certificate of completion. 24 b. Notwithstanding paragraph “a” , a resident who is eighteen 25 years of age or older may obtain a certificate of completion 26 without demonstrating the safe handling of a firearm. 27 3. The department shall provide a manual regarding hunter 28 safety and ethics education which shall be used by all 29 instructors and persons receiving hunter safety and ethics 30 education training in this state. The department may produce 31 the manual in a print or electronic format accessible from 32 a computer, including from a data storage device or the 33 department’s internet site. 34 4. The department shall provide for the certification of 35 -4- LSB 2310XC (3) 86 av/nh 4/ 9
S.F. _____ persons who wish to become hunter safety and ethics education 1 instructors. A person shall not act as an instructor in 2 hunter safety and ethics education as provided in this section 3 without first obtaining an instructor’s certificate from the 4 department. 5 5. An officer of the department or a certified instructor 6 may issue a certificate to a person who has not completed 7 the hunter safety and ethics education course but meets the 8 criteria established by the commission. 9 6. A public or private school accredited pursuant to section 10 256.11 or an organization approved by the department may 11 cooperate with the department in providing a course in hunter 12 safety and ethics education or shooting sports activities as 13 provided in this section . 14 7. A hunting license obtained under this section by a 15 person who gave false information or presented a fraudulent 16 certificate of completion shall be revoked and a new hunting 17 license shall not be issued for at least two years from the 18 date of conviction. A hunting license obtained by a person 19 who was born after January 1, 1972, but has not satisfactorily 20 completed the hunter safety and ethics education course or has 21 not met the requirements established by the commission, shall 22 be revoked. 23 8. The commission shall adopt rules in accordance with 24 chapter 17A as necessary to carry out the administration of 25 this section . 26 9. The initial hunter safety education certificate shall be 27 issued without cost. A duplicate certificate shall be issued 28 at a cost of three dollars upon payment of the writing fee and 29 administrative fee, if applicable . 30 10. A person under eighteen years of age who is required 31 to exhibit a valid hunting license , shall also exhibit a valid 32 certificate of completion from a state approved hunter safety 33 and ethics education course upon request of an officer of the 34 department. A failure to carry or refusal to exhibit the 35 -5- LSB 2310XC (3) 86 av/nh 5/ 9
S.F. _____ certificate of completion as provided in this subsection is a 1 violation of this chapter . A violator is guilty of a simple 2 misdemeanor as provided in section 483A.42 . 3 11. An instructor certified by the department shall be 4 allowed to conduct a department-approved hunter safety and 5 ethics education course or shooting sports activities course 6 on public school property with the approval of a majority of 7 the board of directors of the school district. Conducting 8 an approved hunter safety and ethics education course or 9 shooting sports activities course is not a violation of any 10 public policy, rule, regulation, resolution, or ordinance which 11 prohibits the possession, display, or use of a firearm, bow and 12 arrow, or other hunting weapon on public school property or 13 other public property in this state. 14 Sec. 9. NEW SECTION . 483A.27A Apprentice hunter permit. 15 1. Notwithstanding section 483A.27, a resident who is 16 sixteen years of age or older may purchase a hunting license 17 without first completing the hunter education course if the 18 person purchases an apprentice hunter permit and the person 19 meets all the requirements of this section. 20 2. If the apprentice hunter is a minor, the person must 21 be accompanied and aided while hunting by a mentor who is the 22 person’s parent or guardian, or be accompanied and aided by any 23 other competent adult mentor with the consent of the minor’s 24 parent or guardian. If the apprentice hunter is not a minor, 25 the apprentice hunter must be accompanied and aided while 26 hunting by a competent adult mentor. 27 3. The mentor and the apprentice hunter must have valid 28 hunting licenses that include the wildlife habitat fee and that 29 are valid for the same seasons to hunt game. The mentor and the 30 apprentice hunter must also have deer hunting licenses and tags 31 to hunt deer and wild turkey hunting licenses and tags to hunt 32 wild turkey, that are valid for the same seasons and zones. A 33 transportation tag issued to an apprentice hunter shall not be 34 used to tag a deer taken by another person. 35 -6- LSB 2310XC (3) 86 av/nh 6/ 9
S.F. _____ 4. While hunting, the apprentice hunter must be under the 1 direct supervision of the mentor. For the purposes of this 2 subsection, “direct supervision” means the mentor must maintain 3 constant direction and control of the apprentice hunter and 4 stay within a distance from the apprentice hunter that enables 5 the mentor to give uninterrupted, unaided visual and auditory 6 communications to the apprentice hunter. There must be one 7 licensed mentor in direct supervision of each apprentice 8 hunter. 9 5. An apprentice hunter permit issued pursuant to this 10 section is valid from the date issued to January 10 of the 11 succeeding calendar year for which it is issued. An apprentice 12 hunter permit shall contain the address, signature, and a 13 general description of the permittee. 14 6. A person is eligible to obtain an apprentice hunter 15 permit pursuant to this section only two times. Subsequently, 16 the person must meet the requirements of section 483A.27 in 17 order to obtain a hunting license. 18 7. The commission shall adopt rules pursuant to chapter 17A 19 to administer this section. 20 Sec. 10. Section 484B.10, subsection 3, Code 2015, is 21 amended to read as follows: 22 3. A nonresident youth under sixteen years of age may hunt 23 game birds on a licensed hunting preserve upon securing an 24 annual hunting preserve license restricted to hunting preserves 25 only for a license fee of five dollars and payment of the 26 wildlife habitat fee. A nonresident youth is not required 27 to complete the hunter safety and ethics education course to 28 obtain a hunting preserve license pursuant to this subsection 29 if the youth is accompanied by a person who is at least 30 eighteen years of age, is qualified to hunt, and possesses a 31 valid hunting license that includes the wildlife habitat fee. 32 During the hunt, the accompanying adult must be within arm’s 33 reach of the nonresident youth. 34 Sec. 11. Section 805.8B, subsection 3, paragraph b, Code 35 -7- LSB 2310XC (3) 86 av/nh 7/ 9
S.F. _____ 2015, is amended to read as follows: 1 b. For violations of sections 481A.54 , 481A.69 , 481A.71 , 2 481A.72 , 482.6 , 483A.3 , 483A.6 , 483A.19 , and 483A.27 , and 3 483A.27A, the scheduled fine is twenty dollars. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to hunter education license requirements, 8 provides for an apprentice hunter permit and fee, and includes 9 penalties. 10 The bill renames the “hunter safety and ethics education 11 course” described in Code section 483A.27, whose completion is 12 required to purchase a hunting license in this state, as the 13 “hunter education course”. Coordinating amendments are made to 14 numerous other Code provisions that reference the course. 15 The bill also amends Code section 483A.27 to provide that the 16 curriculum for the entire course, not just the first 10 hours, 17 shall be based on the standards adopted by the international 18 hunter education association - United States of America. The 19 cost for a duplicate certificate of completion of the course is 20 changed to the amount of the writing fee and administrative fee 21 instead of specifying that the cost is $3. 22 New Code section 483A.27A provides that, notwithstanding 23 the requirements of Code section 483A.27, a resident aged 16 24 years or older may purchase a hunting license without first 25 completing the hunter education course if the person purchases 26 an apprentice hunter permit for $5 and meets other requirements 27 of the new Code section. 28 New Code section 483A.27A provides that if an apprentice 29 hunter is a minor, the person must be accompanied and aided 30 while hunting by a mentor who is the person’s parent or 31 guardian or another competent adult consented to by the 32 parent or guardian. If the apprentice hunter is not a minor, 33 the person must be accompanied and aided while hunting by a 34 competent adult mentor. 35 -8- LSB 2310XC (3) 86 av/nh 8/ 9
S.F. _____ The mentor and the apprentice hunter must have valid hunting 1 licenses that include the wildlife habitat fee and that are 2 valid for the same seasons to hunt game. The mentor and 3 the apprentice hunter must also have deer or turkey hunting 4 licenses that are valid for the same seasons or zones if 5 hunting for deer or turkey. A transportation tag issued to an 6 apprentice hunter cannot be used to tag a deer taken by another 7 person. 8 While hunting, an apprentice hunter must be under the direct 9 supervision of the mentor. “Direct supervision” means that 10 the mentor must maintain constant direction and control of 11 the apprentice hunter and stay within a distance that enables 12 the mentor to give uninterrupted, unaided visual and auditory 13 communications to the apprentice. There must be one licensed 14 mentor in direct supervision of each apprentice. 15 An apprentice hunter permit is valid from the date of issue 16 to January 10 of the succeeding calendar year and shall contain 17 a general description of the permittee. 18 A person is eligible to obtain only two apprentice hunter 19 permits. After that, the person must meet the hunter education 20 requirements of Code section 483A.27 to obtain a hunting 21 license. 22 The commission is required to adopt rules to administer new 23 Code section 483A.27A. A violation of the new provision is 24 punishable with a scheduled fine of $20. 25 -9- LSB 2310XC (3) 86 av/nh 9/ 9