HF 2665 (LSB 6272HZ (1) 90)

HOUSE FILE 2665

BY  COMMITTEE ON WAYS AND MEANS

(SUCCESSOR TO HF 2481)
(SUCCESSOR TO HSB 636)

A BILL FOR

An Act relating to fur-bearing animals, including the establishment of a raccoon bounty program and fund and the assessment of fur dealer license fees, making appropriations, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  481A.88  Raccoon bounty program —— fund.
   1.  The department shall establish and administer a raccoon bounty program, which shall operate during the raccoon trapping season established by the commission by rule.
   2.  a.  A raccoon bounty fund is created in the state treasury under the control of the department. The fund shall consist of moneys appropriated to or deposited in the fund, including moneys deposited pursuant to subsection 6, and donations and gifts to the fund obtained from any source. Moneys in the fund are appropriated to the department for the distribution of payment to residents for participation in the raccoon bounty program and as provided in paragraph “b”.
   b.  Fifty cents is appropriated to the department from the raccoon bounty fund for each raccoon tail relinquished to the department through the raccoon bounty program. Moneys appropriated under this paragraph shall be used for the purpose of recovering costs associated with administering the raccoon bounty program.
   c.  Notwithstanding section 8.33, moneys in the raccoon bounty fund that remain unencumbered or unobligated at the close of a fiscal year shall not revert but shall remain available for expenditure for the purposes designated. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the raccoon bounty fund shall be credited to the fund.
   3.  A resident with a fur harvester license may only receive a bounty for a raccoon taken during the raccoon trapping season established by the commission by rule. A resident participating in the raccoon trapping season must check set traps every twenty-four hours.
   4.  a.  A resident may relinquish to the department, as provided in subsection 5, the whole tail of a raccoon taken during the raccoon trapping season. The department shall pay a resident five dollars for each whole raccoon tail the resident relinquishes to the department, provided moneys are available in the fund.
   b.  A person issued a fur dealer license valid at any time during a raccoon trapping season and associated raccoon bounty program is prohibited from participating in the raccoon bounty program. 
   5.  a.  The department shall establish a monthly raccoon tail pickup event in each county during each month of the raccoon trapping season and for one month after the season concludes. The department shall publish on the website of the department the date and location of the pickup events at the beginning of the raccoon trapping season and the available moneys in the raccoon bounty fund to be updated by the department each week of a raccoon season and for one month after the season concludes. A resident shall relinquish raccoon tails for purposes of the raccoon bounty program in the county in which the resident resides. 
   b.  The commission shall adopt rules for the raccoon bounty program including but not limited to determining details for monthly raccoon tail pickup events, counting raccoon tails received, and monitoring and controlling relinquished raccoon tails. 
   c.  The department or a representative of the department shall accept raccoon tails from a resident and issue to the resident a voucher for each raccoon tail relinquished. 
   d.  The department shall accept vouchers and issue a check in the amount of five dollars for each raccoon tail relinquished at the pickup event to the voucher recipient. 
   6.  a.  A person who relinquishes or attempts to relinquish to the department for payment a raccoon tail that was not taken in this state, was already brought to the department for payment, or was taken outside of the current raccoon trapping season is guilty of a simple misdemeanor.
   b.  In addition, a violation of this section is subject to administrative penalties imposed by the department, which may include license revocation and suspension of trapping privileges for up to two years and a civil penalty of not more than two hundred fifty dollars per offense. Any civil penalty collected under this paragraph shall be deposited in the raccoon bounty fund established in subsection 2.
   7.  The department shall monitor trapping data to ensure excessive harvesting does not occur and to investigate potential fraud.
    Sec. 2.  Section 481A.95, subsection 1, Code 2024, is amended to read as follows:
   1.  A license shall be required of each fur dealer and each employee, agent, or representative of a fur dealer except when the employee, agent, or representative is operating solely on the premises of a licensed fur dealer. A fur dealer shall conduct business only at the location specified on the dealer’s license, at an established fur auction, at the nonadvertised residence of a licensed fur harvester, at a raccoon tail pickup event as described in section 481A.88, or at the place of business located in the state specified on the license of any fur dealer. A nonresident licensed fur dealer may purchase location permits to operate at locations other than at the location specified on the fur dealer’s license. A resident licensed fur dealer may obtain location permits without fee. Each location permit shall be valid only for the one location specified on the location permit and shall entitle the fur dealer and employee, agent, or representative of the licensed fur dealer to operate at that location. The commission shall, upon application and the payment of the required license fee, if any, furnish the proper license and location permits to the dealer.
    Sec. 3.  Section 481A.95, subsection 2, Code 2024, is amended by striking the subsection and inserting in lieu thereof the following:
   2.  Fees for a license issued under this section shall be no more than fifty dollars annually for a resident or a nonresident fur dealer.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to fur-bearing animals, including the establishment of a raccoon bounty program (program) and fund and the assessment of fur dealer license fees. The bill directs the department of natural resources (DNR) to establish and administer the program, which shall operate during the raccoon trapping season established by the natural resource commission (NRC) by rule. Current NRC rules set the raccoon trapping season as 8 a.m. on the first Saturday in November through February 28 of the succeeding year.
   The bill establishes a raccoon bounty fund in the state treasury under the control of DNR. The raccoon bounty fund shall consist of moneys deposited in the raccoon bounty fund, including moneys collected from the civil penalties assessed under the bill and gifts and donations received for the raccoon bounty fund. Moneys in the raccoon bounty fund are appropriated to DNR to pay participants in the program and to administer the program.
   The bill requires trappers to check set traps every 24 hours. The bill authorizes a resident with a valid fur harvester license to relinquish to DNR the whole tail of a raccoon taken during the raccoon trapping season. A resident shall receive $5 from DNR for each whole raccoon tail the resident relinquishes to DNR at a monthly pickup event held in every county. DNR is appropriated 50 cents for each raccoon tail relinquished at the monthly pickup event. The bill requires NRC to adopt rules for the program and determine the details for monthly pickup events for raccoon tails. The bill prohibits a person with a fur dealer license from participating in the program.
   A person who relinquishes or attempts to relinquish a raccoon tail that was not taken in this state, was already relinquished to the department, or was taken outside of the raccoon trapping season is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855. DNR shall assess penalties for violations, which may include license revocation, suspension of trapping privileges for up to two years, and a civil penalty of not more than $250 per offense. The department shall gather trapping data to ensure trappers are not excessively harvesting raccoons or committing fraud.
   A person who unlawfully takes a raccoon is also liable for damages in the amount of $200 for each raccoon taken as provided in Code section 481A.130. A person who unlawfully takes a raccoon may also be subject to a criminal scheduled fine of $75 as provided in Code section 805.8B. All unlawfully taken raccoons shall be seized by the director of DNR or any peace officer and relinquished to a representative of NRC.
   The bill includes a raccoon tail pickup event as a location for a fur dealer to conduct business. Under the bill, a fur dealer does not need to purchase a location permit to operate at a raccoon tail pickup event. Further, a resident or nonresident fur dealer does not have to pay a fee to obtain a location permit.
   The bill also creates a maximum fur dealer license fee of $50, regardless of resident status. Current law allows residents from another state to purchase a fur dealer’s license for a set fee unless that state has reciprocity with Iowa, in which case the nonresident shall pay the reciprocity fee amount that is less than the nonresident license fee but more than the Iowa resident license fee.