Senate File 427 - Introduced SENATE FILE 427 BY ROZENBOOM A BILL FOR An Act relating to deer population management, and including 1 effective date and retroactive applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2542XS (8) 89 js/rn
S.F. 427 Section 1. Section 481A.130, subsection 1, paragraph h, 1 Code 2021, is amended to read as follows: 2 h. For each deer, except as provided in paragraph “g” , and 3 for each swan or crane, one thousand five hundred dollars. 4 Sec. 2. Section 481C.2A, subsection 5, Code 2021, is amended 5 to read as follows: 6 5. The department shall administer and enforce the 7 administrative rules concerning deer depredation, including 8 issuance of deer depredation licenses and deer shooting 9 permits, that are established by the commission and subject to 10 the following conditions: 11 a. Except for a free license issued under subsection 1, 12 paragraph “b” , the department shall require a fee of two dollars 13 for a license or permit issued pursuant to this section . 14 b. In addition to other times the department finds 15 necessary, the department shall allow licenses and permits 16 issued pursuant to this section to be used in the months of 17 September, October, November, and December. 18 Sec. 3. Section 483A.8, Code 2021, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 9. The commission shall make available 21 for use in a January antlerless deer hunting season all unsold 22 antlerless deer hunting licenses that have been allocated 23 for use in a specific county. The commission shall allow a 24 person hunting with a license issued under this subsection to 25 use a rifle with a barrel length of at least sixteen inches 26 and firing centerfire ammunition propelling an expanding-type 27 bullet with a maximum diameter of no less than two hundred 28 twenty-three thousandths of one inch and no larger than 29 five hundred thousandths of one inch and with a published or 30 calculated muzzle energy of five hundred foot pounds or higher. 31 Sec. 4. DEER POPULATION STUDY. The department of natural 32 resources shall conduct a deer population study to determine 33 the estimated deer population in each county in this state, 34 which shall be supported by historical records dating back 35 -1- LSB 2542XS (8) 89 js/rn 1/ 4
S.F. 427 to 1970. The department shall review and provide scientific 1 data relating to the environmental impact of excessive deer 2 populations, including the impact to crops and trees. The 3 department shall also review the spread of disease in deer 4 and other wildlife populations. Additionally, the report 5 shall include information on property loss, medical costs, and 6 fatalities due to deer-vehicle accidents. In conducting the 7 study, the department shall work with relevant representatives 8 from the Iowa state university of science and technology, 9 the department of transportation, and the insurance division 10 of the department of commerce. Expenses for conducting the 11 study shall be paid from the fish and wildlife protection fund 12 established in section 456A.17 and such payments are considered 13 a proper use of the funds for purposes of section 456A.27 and 14 Article VII, section 9, of the Constitution of the State of 15 Iowa. The department shall submit a report summarizing the 16 results of the study to the general assembly by January 1, 17 2022. 18 Sec. 5. REIMBURSEMENT PAYMENTS FOR UNLAWFULLY TAKEN 19 ANTLERLESS DEER —— REFUNDS. A person convicted on or after 20 July 1, 2020, for unlawfully selling, taking, catching, 21 killing, injuring, destroying, or having in possession an 22 antlerless deer who has paid the reimbursement amount set forth 23 in section 481A.130, subsection 1, paragraph “h”, shall be 24 refunded the difference between the person’s payment and the 25 reimbursement amount set forth in section 481A.130, subsection 26 1, paragraph “c”. 27 Sec. 6. EFFECTIVE DATE. The following, being deemed of 28 immediate importance, take effect upon enactment: 29 1. The section of this Act amending section 481A.130. 30 2. The section of this Act requiring the issuance of a 31 refund for a reimbursement payment made pursuant to section 32 481A.130 for a conviction entered on or after July 1, 2020, 33 for unlawfully selling, taking, catching, killing, injuring, 34 destroying, or having in possession an antlerless deer. 35 -2- LSB 2542XS (8) 89 js/rn 2/ 4
S.F. 427 Sec. 7. RETROACTIVE APPLICABILITY. The following applies 1 retroactively to July 1, 2020, to persons convicted on or after 2 that date for unlawfully selling, taking, catching, killing, 3 injuring, destroying, or having in possession an antlerless 4 deer: 5 The section of this Act amending section 481A.130. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to deer population management. 10 Current law provides that a person convicted of unlawfully 11 selling, taking, catching, killing, injuring, destroying, 12 or having in possession an antlerless deer shall reimburse 13 the state $1,500. The bill removes antlerless deer from the 14 provision that sets the reimbursement value at $1,500. Because 15 damages are not otherwise prescribed for an antlerless deer, 16 a person convicted of unlawfully selling, taking, catching, 17 killing, injuring, destroying, or having in possession an 18 antlerless deer shall reimburse the state $50. This provision 19 takes effect upon enactment and applies retroactively to 20 July 1, 2020, to persons convicted on or after that date 21 for unlawfully selling, taking, catching, killing, injuring, 22 destroying, or having in possession an antlerless deer. A 23 person convicted on or after July 1, 2020, for unlawfully 24 selling, taking, catching, killing, injuring, destroying, 25 or having in possession an antlerless deer who has paid the 26 current reimbursement amount for an antlerless deer shall 27 be refunded the difference between the person’s payment and 28 the reimbursement amount set forth in Code section 481A.130, 29 subsection 1, paragraph “c”. 30 In administering and enforcing administrative rules relating 31 to deer depredation, the bill requires the department of 32 natural resources (DNR) to require payment of a $2 fee for the 33 issuance of a deer depredation license or permit. The bill 34 also requires DNR to allow deer depredation tags to be filled 35 -3- LSB 2542XS (8) 89 js/rn 3/ 4
S.F. 427 in the months of September, October, November, and December, in 1 addition to any other time that DNR finds necessary. 2 Under current law, deer hunting licenses are allocated by 3 zones and counties. The bill requires the natural resource 4 commission to make available for use in a January antlerless 5 deer hunting season all unsold antlerless deer hunting licenses 6 that have been allocated for use in a specific county. The 7 bill requires the commission to allow a person hunting with a 8 license issued for the January antlerless deer hunting season 9 to use a rifle with a barrel length of at least 16 inches and 10 firing centerfire ammunition propelling an expanding-type 11 bullet with a maximum diameter of no less than 0.233 inches and 12 no larger than 0.500 inches and with a published or calculated 13 muzzle energy of 500 foot pounds or higher. 14 The bill requires DNR to conduct a deer population study to 15 determine the estimated deer population in each county in this 16 state. The bill requires DNR to review and provide scientific 17 data relating to the environmental impact of excessive deer 18 populations, including the impact to crops and trees, review 19 information relating to the spread of disease in deer and other 20 wildlife populations, and include information on property loss, 21 medical costs, and fatalities due to deer-vehicle accidents. 22 The bill requires DNR to work with relevant representatives 23 from the Iowa state university of science and technology, the 24 department of transportation, and the insurance division of 25 the department of commerce. Expenses for conducting the study 26 shall be paid from the fish and wildlife protection fund. The 27 bill requires DNR to submit a report to the general assembly 28 by January 1, 2022. 29 -4- LSB 2542XS (8) 89 js/rn 4/ 4