House File 2190 - Introduced HOUSE FILE 2190 BY WILLS A BILL FOR An Act relating to nonresident deer hunting on land owned 1 or formerly owned by nonresidents and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5354YH (4) 88 js/rn
H.F. 2190 DIVISION I 1 NONRESIDENT LANDOWNERS 2 Section 1. Section 483A.1A, Code 2020, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 8A. “Nonresident landowner” means a 5 nonresident who meets all of the following criteria: 6 a. The nonresident can establish ownership of at least 7 eighty acres of land in this state with a low suitability 8 for commodity agriculture production, as determined by the 9 department. 10 b. The nonresident can prove ownership of the property in 11 paragraph “a” for at least five years. 12 c. The nonresident has not used an exemption from property 13 taxes under chapter 427C for any property owned by the 14 nonresident. 15 d. The nonresident has not enrolled the land in the 16 conservation reserve program as described in 7 C.F.R. pt. 1410. 17 Sec. 2. Section 483A.8, subsection 3, paragraph c, Code 18 2020, is amended to read as follows: 19 c. The commission shall annually limit to six thousand the 20 number of nonresidents allowed to have antlered or any sex deer 21 hunting licenses. Of the six thousand nonresident antlered or 22 any sex deer hunting licenses issued, not more than thirty-five 23 percent of the licenses shall be bow season licenses. After 24 the six thousand antlered or any sex nonresident deer hunting 25 licenses have been issued, all additional nonresident deer 26 licenses shall be issued for antlerless deer only. The 27 commission shall annually determine the number of nonresident 28 antlerless deer only deer hunting licenses that will be 29 available for issuance. This limitation shall not apply 30 to licenses for nonresident landowners issued pursuant to 31 subsection 5. 32 Sec. 3. Section 483A.8, subsection 5, Code 2020, is amended 33 to read as follows: 34 5. a. A nonresident owning land in this state landowner 35 -1- LSB 5354YH (4) 88 js/rn 1/ 6
H.F. 2190 meeting all the criteria outlined in this subsection may apply 1 and shall be eligible for a two nonresident antlered or any sex 2 deer hunting license licenses valid to hunt on all land owned 3 by the nonresident only , and the provisions of subsection 3 , 4 paragraph “a” , shall apply. However, if a nonresident owning 5 land in this state is unsuccessful in obtaining one of the 6 nonresident antlered or any sex deer hunting licenses, the 7 landowner shall be given preference for one of the antlerless 8 deer only nonresident deer hunting licenses available pursuant 9 to subsection 3 . A nonresident owning land in this state 10 shall pay the fee for a nonresident antlerless only deer 11 hunting license and the license shall be valid to hunt on the 12 nonresident’s land only. 13 b. A nonresident landowner may only make one application 14 annually. 15 c. If one or more parcels of land have multiple nonresident 16 owners, only one of the nonresident owners is eligible for a 17 nonresident antlerless only deer hunting license landowners, no 18 more than two nonresident landowner deer hunting licenses may 19 be used on a shared parcel . If a nonresident jointly owns land 20 in this state with a resident, the nonresident shall not be 21 given preference for a nonresident antlerless only deer hunting 22 license. 23 d. The department may shall require proof of land ownership 24 from a nonresident landowner applying for a nonresident 25 antlerless only landowner deer hunting license and a 26 depredation agreement under chapter 481C to limit potential 27 damage to crops, horticultural products, trees, or nurseries 28 due to wild animals . 29 e. A nonresident landowner who owns additional land 30 suitable for crop or livestock production, as determined by the 31 department of agriculture and land stewardship, shall include 32 with the application an affidavit explaining the nonresident 33 landowner’s efforts to secure a beginning farmer, as defined 34 in section 16.58, as a tenant. 35 -2- LSB 5354YH (4) 88 js/rn 2/ 6
H.F. 2190 DIVISION II 1 FORMER OWNERS 2 Sec. 4. Section 483A.24, subsection 1, Code 2020, is amended 3 to read as follows: 4 1. Owners , former owners, as defined in subsection 2, or 5 tenants of land, and their minor children, may hunt, fish , 6 or trap upon such lands and may shoot by lawful means ground 7 squirrels, gophers, or woodchucks upon adjacent roads without 8 securing a license so to do; except however , special licenses 9 to hunt deer and wild turkey shall be required of owners and 10 tenants , and former owners hunting deer, but they owners and 11 tenants shall not be required to have a special wild turkey 12 hunting license to hunt wild turkey on a hunting preserve 13 licensed under chapter 484B . 14 Sec. 5. Section 483A.24, subsection 2, paragraph a, Code 15 2020, is amended by adding the following new subparagraph: 16 NEW SUBPARAGRAPH . (03) “Former owner” means a person who is 17 a nonresident but previously qualified as an owner and has a 18 current family member who is an owner of the same land. 19 Sec. 6. Section 483A.24, subsection 2, paragraphs c, d, and 20 e, Code 2020, are amended to read as follows: 21 c. Upon written application on forms furnished by the 22 department, the department shall issue annually without fee two 23 deer hunting licenses, one antlered or any sex deer hunting 24 license and one antlerless deer only deer hunting license, 25 to the owner of a farm unit , a former owner of a farm unit, 26 or a member of the owner’s family, but only a total of two 27 licenses for both between them , and to the tenant of a farm 28 unit or a member of the tenant’s family, but only a total of 29 two licenses for both. The deer hunting licenses issued shall 30 be valid only for use on the farm unit for which the applicant 31 applies pursuant to this paragraph. The owner , former owner, 32 or the tenant need not reside on the farm unit to qualify for 33 the free deer hunting licenses to hunt on that farm unit. The 34 free deer hunting licenses issued pursuant to this paragraph 35 -3- LSB 5354YH (4) 88 js/rn 3/ 6
H.F. 2190 shall be valid and may be used during any bow or firearm deer 1 hunting season. The licenses may be used to harvest deer in 2 two different seasons. In addition, a person who receives a 3 free deer hunting license pursuant to this paragraph shall 4 pay a one dollar fee for each license that shall be used 5 and is appropriated for the purpose of deer herd population 6 management, including assisting with the cost of processing 7 deer donated to the help us stop hunger program administered 8 by the commission. 9 d. In addition to the free deer hunting licenses received 10 pursuant to paragraph “c” , an owner of a farm unit , a former 11 owner of a farm unit, or a member of the owner’s family and the 12 tenant or a member of the tenant’s family may purchase a deer 13 hunting license for any option offered to paying deer hunting 14 licensees. An owner of a farm unit , a former owner of a farm 15 unit, or a member of the owner’s family and the tenant or a 16 member of the tenant’s family may also purchase two additional 17 antlerless deer hunting licenses which that are valid only on 18 the farm unit for a fee established by rules adopted pursuant 19 to section 483A.1 . 20 e. If the commission establishes a deer hunting season to 21 occur in the first quarter of a calendar year that is separate 22 from a deer hunting season that continues from the last quarter 23 of the preceding calendar year, each owner , each former owner, 24 and each tenant of a farm unit located within a zone where a 25 deer hunting season is established, upon application, shall be 26 issued a free deer hunting license for each of the two calendar 27 quarters. Each license is valid only for hunting on the farm 28 unit of the owner and tenant. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to nonresident deer hunting on land owned 33 or formerly owned by a nonresident. 34 The bill creates a definition for “nonresident landowner”, 35 -4- LSB 5354YH (4) 88 js/rn 4/ 6
H.F. 2190 which is a nonresident who owns 80 acres of land in this state 1 with a low suitability for commodity agriculture production, as 2 determined by the department of natural resources, has owned 3 that land for at least five years, has not used an exemption 4 from property taxes for forest and fruit tree reservations for 5 any property the nonresident owns, and has not enrolled the 6 land in the federal conservation reserve program. Current 7 law allows a nonresident landowner to apply for one of up to 8 6,000 antlered or any sex deer hunting licenses issued by the 9 natural resource commission for nonresidents. The bill allows 10 a nonresident landowner to apply once per year for two antlered 11 or any sex deer hunting licenses for use on the nonresident 12 landowner’s property. Licenses issued in this manner are not 13 included in the allotment of nonresident deer hunting licenses 14 issued by the commission. If one or more parcels of land have 15 multiple nonresident landowners, no more than two nonresident 16 landowner deer hunting licenses may be used on a shared parcel. 17 The department shall require proof of land ownership from the 18 nonresident landowner and the nonresident landowner shall enter 19 a wild animal depredation agreement with the department for 20 purposes of limiting potential damage to crops, horticultural 21 products, trees, and nurseries due to wild animals. If the 22 nonresident landowner owns additional land that the department 23 of agriculture and land stewardship determines is suitable 24 for crop or livestock production, the nonresident landowner 25 shall include with the application an affidavit explaining the 26 nonresident landowner’s efforts to secure a beginning farmer 27 as a tenant. 28 The bill creates a definition of “former owner”, which is 29 a nonresident who previously qualified as an owner under Code 30 section 483A.24, subsection 2, and who has a family member who 31 currently qualifies as an owner on the same property. The 32 bill extends the privilege to hunt without a license on one’s 33 own land to former owners. The bill makes the former owner 34 eligible to receive free deer hunting licenses for use on the 35 -5- LSB 5354YH (4) 88 js/rn 5/ 6
H.F. 2190 property and purchase additional antlerless deer only deer 1 hunting licenses for use on the property. If the commission 2 establishes a deer hunting season to occur in the first quarter 3 of a calendar year that is separate from a deer hunting season 4 that continues from the last quarter of the preceding calendar 5 year, each former owner of a farm unit in a zone where a deer 6 hunting season is established may receive a free deer hunting 7 license for each of the calendar quarters for use on the farm 8 unit. 9 A person who violates a provision of the bill is subject to a 10 scheduled fine of $25. 11 -6- LSB 5354YH (4) 88 js/rn 6/ 6