House File 631 - Introduced HOUSE FILE 631 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 574) (SUCCESSOR TO HSB 175) A BILL FOR An Act relating to the establishment of certain licenses and 1 fees by rules adopted by the natural resource commission 2 and including coordinating and transition provisions, and 3 effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1477HZ (1) 87 av/nh
H.F. 631 DIVISION I 1 LICENSES AND FEES —— RULES 2 Section 1. Section 483A.1, Code 2017, is amended by striking 3 the section and inserting in lieu thereof the following: 4 483A.1 Licenses —— fees —— rules. 5 1. Except as otherwise provided in this chapter, a person 6 shall not fish, trap, hunt, pursue, catch, kill, take in 7 any manner, use, have possession of, sell, or transport all 8 or a part of any wild animal, bird, game, turtle, or fish, 9 the protection and regulation of which is desirable for 10 the conservation of resources of the state, without first 11 obtaining a license for that purpose, and the payment of a fee 12 as established by rules adopted by the commission pursuant to 13 chapter 17A. 14 2. a. The fees established by rule pursuant to subsection 1 15 shall be periodically evaluated by the department, but not less 16 often than once every three years, to ensure that the fees paid 17 are sufficient to meet the needs of natural resource management 18 and the public. 19 b. By December 15 of each year on and after December 15, 20 2018, that an evaluation of the license fees is completed, the 21 department shall file a written report with the commission and 22 the general assembly which shall include the evaluation and 23 recommendations for changes, if any. Any fee increase proposed 24 in such a report shall not take effect until on or after 25 December 15 of the year succeeding the report and an individual 26 license fee shall not be increased in any calendar year in an 27 amount that exceeds five percent. 28 Sec. 2. Section 483A.3, subsection 1, paragraph a, Code 29 2017, is amended to read as follows: 30 a. A resident or nonresident person required to have a 31 hunting or fur harvester license shall not hunt or trap unless 32 the person purchases a hunting or fur harvester license that 33 includes the wildlife habitat fee , in an amount established by 34 rules adopted by the commission pursuant to section 483A.1 . 35 -1- LSB 1477HZ (1) 87 av/nh 1/ 13
H.F. 631 Sec. 3. Section 483A.3, subsection 1, paragraph c, Code 1 2017, is amended by striking the paragraph. 2 Sec. 4. Section 483A.3, subsection 1, paragraphs d and e, 3 Code 2017, are amended to read as follows: 4 d. All wildlife habitat fees shall be administered in 5 the same manner as hunting and fur harvester licenses except 6 all revenue derived from wildlife habitat fees shall be used 7 within the state of Iowa for habitat development and shall be 8 deposited in the state fish and game protection fund, except 9 as provided in subsection 2 . The revenue may be used for 10 the matching of federal funds. The revenues and any matched 11 federal funds shall be used for acquisition of land, leasing of 12 land, or obtaining of easements from willing sellers for use 13 as wildlife habitats. Notwithstanding the exemption provided 14 by section 427.1 , any land acquired with the revenues and 15 matched federal funds shall be subject to the full consolidated 16 levy of property taxes , which shall be paid from those the 17 income generated from those lands or, if no such income is 18 generated, from the wildlife habitat fee revenues. In addition 19 the revenue may be used for the development and enhancement of 20 wildlife lands and habitat areas. 21 e. Not less than fifty percent of all revenue three dollars 22 from each wildlife habitat fees fee shall be allocated as 23 specified in section 483A.3B and not less than fifty percent 24 of the balance of each fee shall be used by the commission 25 to enter into agreements with county conservation boards or 26 other public agencies in order to carry out the purposes of 27 this section . The However, the state share of funding of those 28 agreements provided by the revenue from wildlife habitat fees 29 shall not exceed seventy-five percent. 30 Sec. 5. Section 483A.3, subsections 3 and 4, Code 2017, are 31 amended to read as follows: 32 3. Notwithstanding subsections 1 and 2 , any increase in 33 wildlife habitat fee revenues received collected on or after 34 July 1, 2007 December 15, 2017 , pursuant to this section as 35 -2- LSB 1477HZ (1) 87 av/nh 2/ 13
H.F. 631 a result of wildlife habitat fee increases pursuant to 2007 1 Iowa Acts, ch. 194 established by rules adopted pursuant to 2 section 483A.1 , shall be used by the commission only for 3 the purpose of the game bird habitat development program as 4 provided for any of the purposes set forth in this section or 5 in section 483A.3B , except that such increases in revenues 6 collected shall not be used by the commission for the purpose 7 of land acquisition . The commission shall not reduce on an 8 annual basis for these purposes the amount of other funds being 9 expended as of July 1, 2007 December 15, 2017 . 10 4. A three-year multi-year hunting license purchased 11 pursuant to section 483A.1, subsection 1 , paragraph “j” 12 483A.9A , includes the payment of a wildlife habitat fee for 13 each of the three years for which the license is valid and 14 those fees shall be used as provided in this section . 15 Sec. 6. Section 483A.3A, Code 2017, is amended to read as 16 follows: 17 483A.3A Fish habitat development funding. 18 Three dollars from each resident and nonresident annual and 19 seven-day fishing license and nine dollars from each resident 20 three-year multi-year fishing license sold shall be deposited 21 in the state fish and game protection fund and shall be used 22 within this state for fish habitat development. Not less than 23 fifty percent of this amount shall be used by the commission to 24 enter into agreements with county conservation boards to carry 25 out the purposes of this section . 26 Sec. 7. Section 483A.3B, subsection 1, Code 2017, is amended 27 to read as follows: 28 1. Allocation of revenue —— accounts. All revenue collected 29 from increases in wildlife habitat fees as provided in section 30 483A.3, subsection 3 1, paragraph “e” , that is deposited in 31 the state fish and game protection fund and that is allocated 32 pursuant to this section shall be allocated as follows: 33 a. Two Not less than two dollars of each wildlife habitat 34 fee collected shall be allocated to the game bird wetlands 35 -3- LSB 1477HZ (1) 87 av/nh 3/ 13
H.F. 631 conservation account. 1 b. One Not less than one dollar of each wildlife habitat 2 fee collected shall be allocated to the game bird buffer strip 3 assistance account. 4 c. Notwithstanding section 12C.7, subsection 2 , interest or 5 earnings on moneys collected from wildlife habitat fees that 6 are deposited in each account created under this section shall 7 be credited to that account. Notwithstanding section 8.33 or 8 section 456A.17 , moneys credited to each account created under 9 this section shall not revert to the state general fund at the 10 close of a fiscal year. 11 d. All revenue generated by increases in the collected 12 from wildlife habitat fee fees as provided in section 483A.3, 13 subsection 3 1, paragraph “e” , that is allocated pursuant to 14 this section shall be used as provided in this section , except 15 for that part which is specified by the department for use in 16 paying administrative expenses as provided in section 456A.17 . 17 Sec. 8. NEW SECTION . 483A.6B Nonresident five-day hunting 18 license —— fee. 19 1. A nonresident may be issued a five-day hunting license 20 that costs an amount as set by rules adopted pursuant to 21 section 483A.1, including the wildlife habitat fee. A 22 nonresident hunting with a license issued under this section 23 shall be otherwise qualified to hunt in this state. 24 2. This section is repealed on December 15, 2020. 25 Sec. 9. Section 483A.17, Code 2017, is amended to read as 26 follows: 27 483A.17 Tenure of license. 28 Every license, except as otherwise provided in this 29 chapter , is valid from the date issued to January 10 of the 30 succeeding calendar year for which it is issued. A license 31 shall not be issued prior to December 15 for the subsequent 32 calendar year except for a three-year multi-year fishing 33 license or a three-year multi-year hunting license issued to a 34 resident pursuant to rules adopted pursuant to section 483A.1 , 35 -4- LSB 1477HZ (1) 87 av/nh 4/ 13
H.F. 631 subsection 1 . 1 DIVISION II 2 COORDINATING PROVISIONS 3 Sec. 10. Section 331.605, subsection 1, paragraph b, 4 subparagraph (1), Code 2017, is amended to read as follows: 5 (1) The fees specified in rules adopted pursuant to section 6 483A.1 . 7 Sec. 11. Section 331.605, subsection 1, paragraph c, Code 8 2017, is amended to read as follows: 9 c. A state migratory game bird fee as provided in rules 10 adopted pursuant to section 483A.1 . 11 Sec. 12. Section 481A.93, subsection 2, paragraph b, 12 subparagraph (2), Code 2017, is amended to read as follows: 13 (2) The totally blind person is accompanied and aided 14 by a person who is at least eighteen years of age and whose 15 vision is not seriously impaired. The accompanying person must 16 purchase a hunting license that includes the wildlife habitat 17 fee as provided in rules adopted pursuant to section 483A.1 18 if applicable. If the accompanying person is not required 19 to have a hunting license the person is not required to pay 20 the wildlife habitat fee. During the hunt, the accompanying 21 adult must be within arm’s reach of the totally blind person, 22 and must be able to identify the target and the location of 23 the laser sight beam on the target. A person other than the 24 totally blind person shall not shoot the laser sight-equipped 25 gun or bow. 26 Sec. 13. Section 483A.1A, subsection 10, paragraph c, Code 27 2017, is amended to read as follows: 28 c. Is a student who qualifies as a resident pursuant to 29 paragraph “b” only for the purpose of purchasing any resident 30 license specified in rules adopted pursuant to section 483A.1 . 31 Sec. 14. Section 483A.7, subsection 3, paragraph b, Code 32 2017, is amended to read as follows: 33 b. The commission shall assign one preference point to a 34 nonresident whose application for a nonresident wild turkey 35 -5- LSB 1477HZ (1) 87 av/nh 5/ 13
H.F. 631 hunting license is denied due to limitations on the number 1 of nonresident wild turkey hunting licenses available for 2 issuance that year. An additional preference point shall be 3 assigned to that person each subsequent year the person’s 4 license application is denied for that reason. A nonresident 5 may purchase additional preference points pursuant to rules 6 adopted pursuant to section 483A.1 , subsection 2 , paragraph 7 “j” . The first nonresident wild turkey hunting license drawing 8 each year shall be made from the pool of applicants with the 9 most preference points and continue to pools of applicants 10 with successively fewer preference points until all available 11 nonresident wild turkey hunting licenses have been issued. If 12 a nonresident applicant receives a wild turkey hunting license, 13 all of the applicant’s assigned preference points at that time 14 shall be removed. 15 Sec. 15. Section 483A.8, subsection 3, paragraphs a, b, and 16 e, Code 2017, are amended to read as follows: 17 a. A nonresident hunting deer is required to purchase 18 a nonresident annual hunting license that includes the 19 wildlife habitat fee and a nonresident deer hunting license. 20 In addition, a nonresident who purchases a deer hunting 21 license shall pay a one dollar fee that shall be used and 22 is appropriated for the purpose of deer herd population 23 management, including assisting with the cost of processing 24 deer donated to the help us stop hunger program administered 25 by the commission. 26 b. A nonresident who purchases an antlered or any sex deer 27 hunting license pursuant to rules adopted pursuant to section 28 483A.1 , subsection 2 , paragraph “i” , is required to purchase 29 an antlerless deer only deer hunting license at the same 30 time, pursuant to rules adopted pursuant to section 483A.1 , 31 subsection 2 , paragraph “k” . 32 e. The commission shall assign one preference point to a 33 nonresident whose application for a nonresident antlered or any 34 sex deer hunting license is denied due to limitations on the 35 -6- LSB 1477HZ (1) 87 av/nh 6/ 13
H.F. 631 number of nonresident antlered or any sex deer hunting licenses 1 available for issuance that year. An additional preference 2 point shall be assigned to that person each subsequent year 3 the person’s license application is denied for that reason. A 4 nonresident may purchase additional preference points pursuant 5 to rules adopted pursuant to section 483A.1 , subsection 2 , 6 paragraph “j” . The first nonresident antlered or any sex deer 7 hunting license drawing each year shall be made from the pool 8 of applicants with the most preference points and continue 9 to pools of applicants with successively fewer preference 10 points until all available nonresident antlered or any sex deer 11 hunting licenses have been issued. If a nonresident applicant 12 receives an antlered or any sex deer hunting license, all of 13 the applicant’s assigned preference points at that time shall 14 be removed. 15 Sec. 16. Section 483A.8, subsections 4 and 6, Code 2017, are 16 amended to read as follows: 17 4. The commission may provide, by rule, for the issuance of 18 an additional antlerless deer hunting license to a person who 19 has been issued an antlerless deer hunting license. The rules 20 shall specify the number of additional antlerless deer hunting 21 licenses which may be issued, and the season and zone in which 22 the license is valid. The fee for an additional antlerless 23 deer hunting license shall be ten dollars an amount established 24 by rules adopted pursuant to section 483A.1 for residents. 25 6. The commission shall provide by rule for the annual 26 issuance to a nonresident of a nonresident antlerless deer 27 hunting license that is valid for use only during the period 28 beginning on December 24 and ending at sunset on January 2 of 29 the following year and costs seventy-five dollars an amount 30 established by rules adopted pursuant to section 483A.1 . A 31 nonresident hunting deer with a license issued under this 32 subsection shall be otherwise qualified to hunt deer in this 33 state and shall purchase a nonresident annual hunting license 34 that includes the wildlife habitat fee, and pay the one dollar 35 -7- LSB 1477HZ (1) 87 av/nh 7/ 13
H.F. 631 fee for the purpose of deer herd population management as 1 provided in subsection 3 . Pursuant to this subsection , the 2 commission shall make available for issuance only the remaining 3 nonresident antlerless deer hunting licenses allocated under 4 subsection 3 that have not yet been issued for the current 5 year’s nonresident antlerless deer hunting seasons. 6 Sec. 17. Section 483A.9A, subsection 3, Code 2017, is 7 amended to read as follows: 8 3. The commission shall offer to residents a combination 9 package of an annual fishing license and an annual hunting 10 license, as provided in rules adopted pursuant to section 11 483A.1, subsection 1 , the cost of which includes the wildlife 12 habitat fee. 13 Sec. 18. Section 483A.24, subsection 2, paragraph d, Code 14 2017, is amended to read as follows: 15 d. In addition to the free deer hunting licenses received 16 pursuant to paragraph “c” , an owner of a farm unit or a 17 member of the owner’s family and the tenant or a member of the 18 tenant’s family may purchase a deer hunting license for any 19 option offered to paying deer hunting licensees. An owner of a 20 farm unit or a member of the owner’s family and the tenant or a 21 member of the tenant’s family may also purchase two additional 22 antlerless deer hunting licenses which are valid only on the 23 farm unit for a fee of ten dollars each established by rules 24 adopted pursuant to section 483A.1 . 25 Sec. 19. Section 483A.24, subsection 3, paragraph a, Code 26 2017, is amended to read as follows: 27 a. Fifty of the nonresident deer hunting licenses shall be 28 allocated as requested by a majority of a committee consisting 29 of the majority leader of the senate, speaker of the house 30 of representatives, and director of the economic development 31 authority, or their designees. The licenses provided pursuant 32 to this subsection shall be in addition to the number of 33 nonresident licenses authorized pursuant to section 483A.8 . 34 The purpose of the special nonresident licenses is to allow 35 -8- LSB 1477HZ (1) 87 av/nh 8/ 13
H.F. 631 state officials and local development groups to promote the 1 state and its natural resources to nonresident guests and 2 dignitaries. Photographs, videotapes, or any other form 3 of media resulting from the hunting visitation shall not 4 be used for political campaign purposes. The nonresident 5 licenses shall be issued without application upon purchase of a 6 nonresident annual hunting license that includes the wildlife 7 habitat fee and the purchase of a nonresident deer hunting 8 license. The licenses are valid in all zones open to deer 9 hunting. The hunter education certificate requirement pursuant 10 to section 483A.27 is waived for a nonresident issued a license 11 pursuant to this subsection . 12 Sec. 20. Section 483A.24, subsection 4, paragraph a, Code 13 2017, is amended to read as follows: 14 a. Fifty of the nonresident wild turkey hunting licenses 15 shall be allocated as requested by a majority of a committee 16 consisting of the majority leader of the senate, speaker of 17 the house of representatives, and director of the economic 18 development authority, or their designees. The licenses 19 provided pursuant to this subsection shall be in addition 20 to the number of nonresident licenses authorized pursuant 21 to section 483A.7 . The purpose of the special nonresident 22 licenses is to allow state officials and local development 23 groups to promote the state and its natural resources to 24 nonresident guests and dignitaries. Photographs, videotapes, 25 or any other form of media resulting from the hunting 26 visitation shall not be used for political campaign purposes. 27 The nonresident licenses shall be issued without application 28 upon purchase of a nonresident annual hunting license that 29 includes the wildlife habitat fee and the purchase of a 30 nonresident wild turkey hunting license. The licenses are 31 valid in all zones open to wild turkey hunting. The hunter 32 education certificate requirement pursuant to section 483A.27 33 is waived for a nonresident issued a license pursuant to this 34 subsection . 35 -9- LSB 1477HZ (1) 87 av/nh 9/ 13
H.F. 631 Sec. 21. Section 483A.24, subsection 16, Code 2017, is 1 amended to read as follows: 2 16. Upon payment of the fee of five dollars established by 3 rules adopted pursuant to section 483A.1 for a lifetime fishing 4 license or lifetime hunting and fishing combined license, the 5 department shall issue a lifetime fishing license or lifetime 6 hunting and fishing combined license to a resident of Iowa 7 who has served in the armed forces of the United States on 8 federal active duty and who was disabled or was a prisoner of 9 war during that veteran’s military service. The department 10 shall prepare an application to be used by a person requesting 11 a lifetime fishing license or lifetime hunting and fishing 12 combined license under this subsection . The department of 13 veterans affairs shall assist the department in verifying the 14 status or claims of applicants under this subsection . As used 15 in this subsection , “disabled” means entitled to a service 16 connected rating under 38 U.S.C. ch. 11. 17 Sec. 22. Section 483A.28, subsection 4, Code 2017, is 18 amended to read as follows: 19 4. Any person who is issued a valid fishing license pursuant 20 to this chapter may fish with a third line as provided in 21 section 481A.72 only upon the annual purchase of a third line 22 fishing permit as provided in rules adopted pursuant to section 23 483A.1 . 24 Sec. 23. Section 717F.7, subsection 3, Code 2017, is amended 25 to read as follows: 26 3. A person who keeps falcons, if the person has been issued 27 a falconry license by the department of natural resources 28 pursuant to rules adopted pursuant to section 483A.1 . 29 Sec. 24. Section 805.8B, subsection 3, paragraph o, 30 unnumbered paragraph 1, Code 2017, is amended to read as 31 follows: 32 For violations of rules adopted pursuant to section 483A.1 33 relating to licenses and permits, the scheduled fines are as 34 follows: 35 -10- LSB 1477HZ (1) 87 av/nh 10/ 13
H.F. 631 DIVISION III 1 TRANSITION PROVISIONS AND EFFECTIVE DATES 2 Sec. 25. RULEMAKING. The natural resource commission shall 3 submit a notice of intended action to the administrative rules 4 coordinator and the administrative code editor pursuant to 5 section 17A.4, subsection 1, not later than July 14, 2017, for 6 the adoption of rules establishing fees pursuant to section 7 483A.1, subsection 1, as enacted by this Act. Such rules shall 8 be effective December 15, 2017. 9 Sec. 26. EFFECTIVE DATES —— TRANSITION. 10 1. Divisions I and II of this Act take effect December 15, 11 2017. A license issued or in effect prior to December 15, 12 2017, is subject to the provisions of Code 2017. This Act does 13 not affect the validity of a license issued prior to December 14 15, 2017. 15 2. This division of this Act, being deemed of immediate 16 importance, takes effect upon enactment. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 DIVISION I. This bill authorizes the natural resource 21 commission to adopt rules providing for the issuance of 22 licenses for fishing, hunting, and fur harvesting and 23 setting fees for those licenses. The bill provides that fees 24 established by such rules shall be periodically evaluated by 25 the department of natural resources, but not less than once 26 every three years to ensure that the fees paid are sufficient 27 to meet the needs of natural resource management and the 28 public. 29 By December 15 of each year on and after December 15, 2018, 30 that an evaluation of license fees is completed, the department 31 is required to file a written report with the commission 32 and the general assembly which includes the evaluation and 33 recommendations for changes, if any. Any fee increase proposed 34 in such a report shall not take effect until on or after 35 -11- LSB 1477HZ (1) 87 av/nh 11/ 13
H.F. 631 December 15 of the succeeding year and an individual license 1 fee shall not be increased in any calendar year by more than 5 2 percent. 3 The bill provides that income generated from land acquired 4 with revenues from wildlife habitat fees and matched federal 5 funds shall be used to pay property taxes on that land, and if 6 no income is generated, wildlife habitat fee revenue shall be 7 used to pay the taxes. Currently, the taxes are paid only with 8 wildlife habitat fee revenues. 9 The bill provides that $3 from each wildlife habitat fee 10 shall be allocated to game bird habitat development programs as 11 specified in Code section 483A.3B and not less than 50 percent 12 of the balance of each fee shall be used by the commission to 13 enter into agreements with county conservation boards or public 14 agencies in order to carry out the purposes of Code section 15 483A.3. 16 The bill amends Code section 483A.3(3) to provide that 17 any increase in wildlife habitat fees collected on or after 18 December 15, 2017, as a result of new rules adopted shall be 19 used by the commission for any of the purposes set forth in 20 Code section 483A.3 or 483A.3B, except that such increases in 21 revenue cannot be used by the commission for land acquisition. 22 Currently, the increase in wildlife habitat fee revenues 23 received as a result of an increase in the resident and 24 nonresident wildlife habitat fees in 2007, from $8 to $11, 25 can be used by the commission only for game bird habitat 26 development programs. 27 The bill also provides that of the $3 from each wildlife 28 habitat fee that is allocated to game bird habitat development 29 programs, not less than $2 must be allocated to the game bird 30 wetlands conservation account and not less than $1 must be 31 allocated to the game bird buffer strip assistance account. 32 The bill changes any references to three-year licenses to 33 instead refer to multi-year licenses that may be issued on or 34 after December 17, 2017. 35 -12- LSB 1477HZ (1) 87 av/nh 12/ 13
H.F. 631 The bill allows the commission to establish by rule, a new 1 five-day nonresident adult hunting license that includes the 2 wildlife habitat fee. However, the bill also provides that 3 a nonresident who purchases a hunting license in conjunction 4 with a deer or turkey hunting license must purchase an annual 5 hunting license. 6 DIVISION II. Numerous coordinating amendments are made 7 to the Code as necessitated by the changes that are made in 8 division I of the bill allowing the commission to provide for 9 licenses and fees by rule. 10 DIVISION III. The bill directs the natural resource 11 commission to commence rulemaking procedures by July 14, 2017, 12 for the adoption of rules pursuant to the bill’s provisions 13 that must be effective December 15, 2017. 14 The bill provides that divisions I and II of the bill take 15 effect December 15, 2017, and that licenses issued or in 16 effect prior to this date remain valid and are subject to the 17 provisions of Code 2017. 18 Division III of the bill is effective upon enactment. 19 -13- LSB 1477HZ (1) 87 av/nh 13/ 13