SF 549 (LSB 2924SV (1) 91)

SENATE FILE 549

BY  COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT

(SUCCESSOR TO SSB 1197)

A BILL FOR

An Act creating boat permits for boat liveries, and including retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  462A.10A  Boat liveries —— permits.
   1.  This section shall only apply to boat liveries that provide watercraft for use on lakes operated by the United States army corps of engineers that are located on the Des Moines river and to the waters of those lakes. For purposes of this section, “boat livery” includes boat clubs and similar operations.
   2.  a.  An owner of a boat livery shall not rent, lease, or otherwise allow the use of any watercraft in waters regulated under this section without sufficient boat permits issued pursuant to this section.
   b.  To obtain a boat permit, an owner of a boat livery shall submit an application to the department that shall include the number of permits the owner is requesting to be issued and any other information the department deems relevant.
   c.  Each boat permit issued to an owner of a boat livery authorizes the owner to allow the use of one watercraft in waters regulated under this section at any given time.
   3.  a.  A three-member committee shall be created consisting of a member of the senate chosen by the president of the senate, a member of the house of representatives chosen by the speaker of the house of representatives, and a member of the department appointed by the director.
   b.  The committee created pursuant to this subsection shall, by unanimous consent, determine the number of boat permits to be issued to each applicant and recommend to the commission any rules the committee deems necessary for the safety of rental watercraft users and other watercraft users in the lakes. The permits issued shall be valid for two years.
   c.  The committee shall meet annually before April 1 of each year to review the number of boat permits currently in use, new permit requests, and existing rules. Additional meetings may be called without limitation at the discretion of the committee.
   d.  Any boat permit issued under this subsection may be revoked at the discretion of the committee.
   e.  Section 4A.5 does not apply to the committee created pursuant to this subsection.
   4.  The commission shall adopt and the department shall enforce rules pursuant to this section and decisions made by the committee.
   5.  A watercraft registered in a different state but used in waters regulated under this section shall be subject to the requirements of this section.
    Sec. 2.  RETROACTIVE APPLICABILITY.  This Act applies retroactively to the rental, lease, or other allowance of use by the owner of a boat livery of any watercraft on lakes operated by the United States army corps of engineers that are located on the Des Moines river on and after January 1, 2025.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill creates boat permits for boat liveries providing watercraft for use on lakes operated by the United States army corps of engineers that are located on the Des Moines river. The bill prohibits an owner of a boat livery from renting, leasing, or otherwise allowing the use of any watercraft without a sufficient number of boat permits.
   The bill provides that to obtain boat permits, the owner must submit an application to the department of natural resources (DNR) that will include the number of permits the owner requests to be issued and other information deemed relevant by DNR. The bill explains that each permit issued authorizes the owner to allow the use of one watercraft at any given time.
   The bill creates a committee that determines the number of permits to be allocated and then allocates those permits to applicants. The committee may also recommend rules for the safety of rental boat users and other boaters on the lakes. The permits issued are valid for two years, though they may be revoked at the discretion of the committee.
   The bill requires the committee to meet annually to review the number of permits in use, new permit requests, and existing rules; however, the committee may choose to call additional meetings at the committee’s discretion.
   The bill requires the natural resource commission to adopt and DNR to enforce rules pursuant to the bill and decisions made by the committee.
   The bill expounds that watercraft registered in a different state, but used in waters regulated under the bill, are subject to the requirements of this section.
   The bill applies retroactively to the rental, lease, or other allowance of use by the owner of a boat livery of any watercraft on the specified lakes on and after January 1, 2025.