House File 631 - Reprinted HOUSE FILE 631 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 574) (SUCCESSOR TO HSB 175) (As Amended and Passed by the House April 18, 2017 ) 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 HF 631 (2) 87 av/nh/md

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- HF 631 (2) 87 av/nh/md 1/ 12

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- HF 631 (2) 87 av/nh/md 2/ 12

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- HF 631 (2) 87 av/nh/md 3/ 12

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- HF 631 (2) 87 av/nh/md 4/ 12

H.F. 631 subsection 1 . 1 Sec. 10. Section 483A.24, subsection 2, paragraphs b and c, 2 Code 2017, are amended to read as follows: 3 b. Upon written application on forms furnished by the 4 department, the department shall issue annually without fee one 5 wild turkey license to the owner of a farm unit or to a member 6 of the owner’s family, but not to both, and to the tenant or 7 to a member of the tenant’s family, but not to both. The wild 8 turkey hunting license licenses issued shall be valid only on 9 the farm unit for which an applicant qualifies pursuant to this 10 subsection and shall be equivalent to the least restrictive 11 license issued under section 481A.38 . The owner or the tenant 12 need not reside on the farm unit to qualify for a free license 13 to hunt on that farm unit. The free turkey hunting licenses 14 issued pursuant to this paragraph shall be valid and may be 15 used during any bow or firearm turkey hunting season. 16 c. Upon written application on forms furnished by the 17 department, the department shall issue annually without fee two 18 deer hunting licenses, one antlered or any sex deer hunting 19 license and one antlerless deer only deer hunting license, to 20 the owner of a farm unit or a member of the owner’s family, 21 but only a total of two licenses for both, and to the tenant 22 of a farm unit or a member of the tenant’s family, but only 23 a total of two licenses for both. The deer hunting licenses 24 issued shall be valid only for use on the farm unit for which 25 the applicant applies pursuant to this paragraph. The owner or 26 the tenant need not reside on the farm unit to qualify for the 27 free deer hunting licenses to hunt on that farm unit. The free 28 deer hunting licenses issued pursuant to this paragraph shall 29 be valid and may be used during any shotgun bow or firearm 30 deer hunting season. The licenses may be used to harvest deer 31 in two different seasons. In addition, a person who receives 32 a free deer hunting license pursuant to this paragraph shall 33 pay a one dollar fee for each license that shall be used 34 and is appropriated for the purpose of deer herd population 35 -5- HF 631 (2) 87 av/nh/md 5/ 12

H.F. 631 management, including assisting with the cost of processing 1 deer donated to the help us stop hunger program administered 2 by the commission. 3 DIVISION II 4 COORDINATING PROVISIONS 5 Sec. 11. Section 331.605, subsection 1, paragraph b, 6 subparagraph (1), Code 2017, is amended to read as follows: 7 (1) The fees specified in rules adopted pursuant to section 8 483A.1 . 9 Sec. 12. Section 331.605, subsection 1, paragraph c, Code 10 2017, is amended to read as follows: 11 c. A state migratory game bird fee as provided in rules 12 adopted pursuant to section 483A.1 . 13 Sec. 13. Section 481A.93, subsection 2, paragraph b, 14 subparagraph (2), Code 2017, is amended to read as follows: 15 (2) The totally blind person is accompanied and aided 16 by a person who is at least eighteen years of age and whose 17 vision is not seriously impaired. The accompanying person must 18 purchase a hunting license that includes the wildlife habitat 19 fee as provided in rules adopted pursuant to section 483A.1 20 if applicable. If the accompanying person is not required 21 to have a hunting license the person is not required to pay 22 the wildlife habitat fee. During the hunt, the accompanying 23 adult must be within arm’s reach of the totally blind person, 24 and must be able to identify the target and the location of 25 the laser sight beam on the target. A person other than the 26 totally blind person shall not shoot the laser sight-equipped 27 gun or bow. 28 Sec. 14. Section 483A.1A, subsection 10, paragraph c, Code 29 2017, is amended to read as follows: 30 c. Is a student who qualifies as a resident pursuant to 31 paragraph “b” only for the purpose of purchasing any resident 32 license specified in rules adopted pursuant to section 483A.1 . 33 Sec. 15. Section 483A.7, subsection 3, paragraph b, Code 34 2017, is amended to read as follows: 35 -6- HF 631 (2) 87 av/nh/md 6/ 12

H.F. 631 b. The commission shall assign one preference point to a 1 nonresident whose application for a nonresident wild turkey 2 hunting license is denied due to limitations on the number 3 of nonresident wild turkey hunting licenses available for 4 issuance that year. An additional preference point shall be 5 assigned to that person each subsequent year the person’s 6 license application is denied for that reason. A nonresident 7 may purchase additional preference points pursuant to rules 8 adopted pursuant to section 483A.1 , subsection 2 , paragraph 9 “j” . The first nonresident wild turkey hunting license drawing 10 each year shall be made from the pool of applicants with the 11 most preference points and continue to pools of applicants 12 with successively fewer preference points until all available 13 nonresident wild turkey hunting licenses have been issued. If 14 a nonresident applicant receives a wild turkey hunting license, 15 all of the applicant’s assigned preference points at that time 16 shall be removed. 17 Sec. 16. Section 483A.8, subsection 3, paragraphs a, b, and 18 e, Code 2017, are amended to read as follows: 19 a. A nonresident hunting deer is required to purchase 20 a nonresident annual hunting license that includes the 21 wildlife habitat fee and a nonresident deer hunting license. 22 In addition, a nonresident who purchases a deer hunting 23 license shall pay a one dollar fee that shall be used and 24 is appropriated for the purpose of deer herd population 25 management, including assisting with the cost of processing 26 deer donated to the help us stop hunger program administered 27 by the commission. 28 b. A nonresident who purchases an antlered or any sex deer 29 hunting license pursuant to rules adopted pursuant to section 30 483A.1 , subsection 2 , paragraph “i” , is required to purchase 31 an antlerless deer only deer hunting license at the same 32 time, pursuant to rules adopted pursuant to section 483A.1 , 33 subsection 2 , paragraph “k” . 34 e. The commission shall assign one preference point to a 35 -7- HF 631 (2) 87 av/nh/md 7/ 12

H.F. 631 nonresident whose application for a nonresident antlered or any 1 sex deer hunting license is denied due to limitations on the 2 number of nonresident antlered or any sex deer hunting licenses 3 available for issuance that year. An additional preference 4 point shall be assigned to that person each subsequent year 5 the person’s license application is denied for that reason. A 6 nonresident may purchase additional preference points pursuant 7 to rules adopted pursuant to section 483A.1 , subsection 2 , 8 paragraph “j” . The first nonresident antlered or any sex deer 9 hunting license drawing each year shall be made from the pool 10 of applicants with the most preference points and continue 11 to pools of applicants with successively fewer preference 12 points until all available nonresident antlered or any sex deer 13 hunting licenses have been issued. If a nonresident applicant 14 receives an antlered or any sex deer hunting license, all of 15 the applicant’s assigned preference points at that time shall 16 be removed. 17 Sec. 17. Section 483A.8, subsections 4 and 6, Code 2017, are 18 amended to read as follows: 19 4. The commission may provide, by rule, for the issuance of 20 an additional antlerless deer hunting license to a person who 21 has been issued an antlerless deer hunting license. The rules 22 shall specify the number of additional antlerless deer hunting 23 licenses which may be issued, and the season and zone in which 24 the license is valid. The fee for an additional antlerless 25 deer hunting license shall be ten dollars an amount established 26 by rules adopted pursuant to section 483A.1 for residents. 27 6. The commission shall provide by rule for the annual 28 issuance to a nonresident of a nonresident antlerless deer 29 hunting license that is valid for use only during the period 30 beginning on December 24 and ending at sunset on January 2 of 31 the following year and costs seventy-five dollars an amount 32 established by rules adopted pursuant to section 483A.1 . A 33 nonresident hunting deer with a license issued under this 34 subsection shall be otherwise qualified to hunt deer in this 35 -8- HF 631 (2) 87 av/nh/md 8/ 12

H.F. 631 state and shall purchase a nonresident annual hunting license 1 that includes the wildlife habitat fee, and pay the one dollar 2 fee for the purpose of deer herd population management as 3 provided in subsection 3 . Pursuant to this subsection , the 4 commission shall make available for issuance only the remaining 5 nonresident antlerless deer hunting licenses allocated under 6 subsection 3 that have not yet been issued for the current 7 year’s nonresident antlerless deer hunting seasons. 8 Sec. 18. Section 483A.9A, subsection 3, Code 2017, is 9 amended to read as follows: 10 3. The commission shall offer to residents a combination 11 package of an annual fishing license and an annual hunting 12 license, as provided in rules adopted pursuant to section 13 483A.1, subsection 1 , the cost of which includes the wildlife 14 habitat fee. 15 Sec. 19. Section 483A.24, subsection 2, paragraph d, Code 16 2017, is amended to read as follows: 17 d. In addition to the free deer hunting licenses received 18 pursuant to paragraph “c” , an owner of a farm unit or a 19 member of the owner’s family and the tenant or a member of the 20 tenant’s family may purchase a deer hunting license for any 21 option offered to paying deer hunting licensees. An owner of a 22 farm unit or a member of the owner’s family and the tenant or a 23 member of the tenant’s family may also purchase two additional 24 antlerless deer hunting licenses which are valid only on the 25 farm unit for a fee of ten dollars each established by rules 26 adopted pursuant to section 483A.1 . 27 Sec. 20. Section 483A.24, subsection 3, paragraph a, Code 28 2017, is amended to read as follows: 29 a. Fifty of the nonresident deer hunting licenses shall be 30 allocated as requested by a majority of a committee consisting 31 of the majority leader of the senate, speaker of the house 32 of representatives, and director of the economic development 33 authority, or their designees. The licenses provided pursuant 34 to this subsection shall be in addition to the number of 35 -9- HF 631 (2) 87 av/nh/md 9/ 12

H.F. 631 nonresident licenses authorized pursuant to section 483A.8 . 1 The purpose of the special nonresident licenses is to allow 2 state officials and local development groups to promote the 3 state and its natural resources to nonresident guests and 4 dignitaries. Photographs, videotapes, or any other form 5 of media resulting from the hunting visitation shall not 6 be used for political campaign purposes. The nonresident 7 licenses shall be issued without application upon purchase of a 8 nonresident annual hunting license that includes the wildlife 9 habitat fee and the purchase of a nonresident deer hunting 10 license. The licenses are valid in all zones open to deer 11 hunting. The hunter education certificate requirement pursuant 12 to section 483A.27 is waived for a nonresident issued a license 13 pursuant to this subsection . 14 Sec. 21. Section 483A.24, subsection 4, paragraph a, Code 15 2017, is amended to read as follows: 16 a. Fifty of the nonresident wild turkey hunting licenses 17 shall be allocated as requested by a majority of a committee 18 consisting of the majority leader of the senate, speaker of 19 the house of representatives, and director of the economic 20 development authority, or their designees. The licenses 21 provided pursuant to this subsection shall be in addition 22 to the number of nonresident licenses authorized pursuant 23 to section 483A.7 . The purpose of the special nonresident 24 licenses is to allow state officials and local development 25 groups to promote the state and its natural resources to 26 nonresident guests and dignitaries. Photographs, videotapes, 27 or any other form of media resulting from the hunting 28 visitation shall not be used for political campaign purposes. 29 The nonresident licenses shall be issued without application 30 upon purchase of a nonresident annual hunting license that 31 includes the wildlife habitat fee and the purchase of a 32 nonresident wild turkey hunting license. The licenses are 33 valid in all zones open to wild turkey hunting. The hunter 34 education certificate requirement pursuant to section 483A.27 35 -10- HF 631 (2) 87 av/nh/md 10/ 12

H.F. 631 is waived for a nonresident issued a license pursuant to this 1 subsection . 2 Sec. 22. Section 483A.24, subsection 16, Code 2017, is 3 amended to read as follows: 4 16. Upon payment of the fee of five dollars established by 5 rules adopted pursuant to section 483A.1 for a lifetime fishing 6 license or lifetime hunting and fishing combined license, the 7 department shall issue a lifetime fishing license or lifetime 8 hunting and fishing combined license to a resident of Iowa 9 who has served in the armed forces of the United States on 10 federal active duty and who was disabled or was a prisoner of 11 war during that veteran’s military service. The department 12 shall prepare an application to be used by a person requesting 13 a lifetime fishing license or lifetime hunting and fishing 14 combined license under this subsection . The department of 15 veterans affairs shall assist the department in verifying the 16 status or claims of applicants under this subsection . As used 17 in this subsection , “disabled” means entitled to a service 18 connected rating under 38 U.S.C. ch. 11. 19 Sec. 23. Section 483A.28, subsection 4, Code 2017, is 20 amended to read as follows: 21 4. Any person who is issued a valid fishing license pursuant 22 to this chapter may fish with a third line as provided in 23 section 481A.72 only upon the annual purchase of a third line 24 fishing permit as provided in rules adopted pursuant to section 25 483A.1 . 26 Sec. 24. Section 717F.7, subsection 3, Code 2017, is amended 27 to read as follows: 28 3. A person who keeps falcons, if the person has been issued 29 a falconry license by the department of natural resources 30 pursuant to rules adopted pursuant to section 483A.1 . 31 Sec. 25. Section 805.8B, subsection 3, paragraph o, 32 unnumbered paragraph 1, Code 2017, is amended to read as 33 follows: 34 For violations of rules adopted pursuant to section 483A.1 35 -11- HF 631 (2) 87 av/nh/md 11/ 12

H.F. 631 relating to licenses and permits, the scheduled fines are as 1 follows: 2 DIVISION III 3 TRANSITION PROVISIONS AND EFFECTIVE DATES 4 Sec. 26. RULEMAKING. The natural resource commission shall 5 submit a notice of intended action to the administrative rules 6 coordinator and the administrative code editor pursuant to 7 section 17A.4, subsection 1, not later than July 14, 2017, for 8 the adoption of rules establishing fees pursuant to section 9 483A.1, subsection 1, as enacted by this Act. Such rules shall 10 be effective December 15, 2017. 11 Sec. 27. EFFECTIVE DATES —— TRANSITION. 12 1. Divisions I and II of this Act take effect December 15, 13 2017. A license issued or in effect prior to December 15, 14 2017, is subject to the provisions of Code 2017. This Act does 15 not affect the validity of a license issued prior to December 16 15, 2017. 17 2. This division of this Act, being deemed of immediate 18 importance, takes effect upon enactment. 19 -12- HF 631 (2) 87 av/nh/md 12/ 12