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Senate File 427 - IntroducedA Bill ForAn Act 1relating to deer population management, and including
2effective date and retroactive applicability provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 481A.130, subsection 1, paragraph h,
2Code 2021, is amended to read as follows:
3h. For each deer, except as provided in paragraph “g”, and
4for each swan or crane, one thousand five hundred dollars.
5 Sec. 2. Section 481C.2A, subsection 5, Code 2021, is amended
6to read as follows:
75. The department shall administer and enforce the
8administrative rules concerning deer depredation, including
9issuance of deer depredation licenses and deer shooting
10permits, that are established by the commission and subject to
11the following conditions:
12a. Except for a free license issued under subsection 1,
13paragraph “b”, the department shall require a fee of two dollars
14for a license or permit issued pursuant to this section.
15b. In addition to other times the department finds
16necessary, the department shall allow licenses and permits
17issued pursuant to this section to be used in the months of
18September, October, November, and December.
19 Sec. 3. Section 483A.8, Code 2021, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 9. The commission shall make available
22for use in a January antlerless deer hunting season all unsold
23antlerless deer hunting licenses that have been allocated
24for use in a specific county. The commission shall allow a
25person hunting with a license issued under this subsection to
26use a rifle with a barrel length of at least sixteen inches
27and firing centerfire ammunition propelling an expanding-type
28bullet with a maximum diameter of no less than two hundred
29twenty-three thousandths of one inch and no larger than
30five hundred thousandths of one inch and with a published or
31calculated muzzle energy of five hundred foot pounds or higher.
32 Sec. 4. DEER POPULATION STUDY. The department of natural
33resources shall conduct a deer population study to determine
34the estimated deer population in each county in this state,
35which shall be supported by historical records dating back
-1-1to 1970. The department shall review and provide scientific
2data relating to the environmental impact of excessive deer
3populations, including the impact to crops and trees. The
4department shall also review the spread of disease in deer
5and other wildlife populations. Additionally, the report
6shall include information on property loss, medical costs, and
7fatalities due to deer-vehicle accidents. In conducting the
8study, the department shall work with relevant representatives
9from the Iowa state university of science and technology,
10the department of transportation, and the insurance division
11of the department of commerce. Expenses for conducting the
12study shall be paid from the fish and wildlife protection fund
13established in section 456A.17 and such payments are considered
14a proper use of the funds for purposes of section 456A.27 and
15Article VII, section 9, of the Constitution of the State of
16Iowa. The department shall submit a report summarizing the
17results of the study to the general assembly by January 1,
182022.
19 Sec. 5. REIMBURSEMENT PAYMENTS FOR UNLAWFULLY TAKEN
20ANTLERLESS DEER — REFUNDS. A person convicted on or after
21July 1, 2020, for unlawfully selling, taking, catching,
22killing, injuring, destroying, or having in possession an
23antlerless deer who has paid the reimbursement amount set forth
24in section 481A.130, subsection 1, paragraph “h”, shall be
25refunded the difference between the person’s payment and the
26reimbursement amount set forth in section 481A.130, subsection
271, paragraph “c”.
28 Sec. 6. EFFECTIVE DATE. The following, being deemed of
29immediate importance, take effect upon enactment:
301. The section of this Act amending section 481A.130.
312. The section of this Act requiring the issuance of a
32refund for a reimbursement payment made pursuant to section
33481A.130 for a conviction entered on or after July 1, 2020,
34for unlawfully selling, taking, catching, killing, injuring,
35destroying, or having in possession an antlerless deer.
-2-1 Sec. 7. RETROACTIVE APPLICABILITY. The following applies
2retroactively to July 1, 2020, to persons convicted on or after
3that date for unlawfully selling, taking, catching, killing,
4injuring, destroying, or having in possession an antlerless
5deer:
6The section of this Act amending section 481A.130.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to deer population management.
11Current law provides that a person convicted of unlawfully
12selling, taking, catching, killing, injuring, destroying,
13or having in possession an antlerless deer shall reimburse
14the state $1,500. The bill removes antlerless deer from the
15provision that sets the reimbursement value at $1,500. Because
16damages are not otherwise prescribed for an antlerless deer,
17a person convicted of unlawfully selling, taking, catching,
18killing, injuring, destroying, or having in possession an
19antlerless deer shall reimburse the state $50. This provision
20takes effect upon enactment and applies retroactively to
21July 1, 2020, to persons convicted on or after that date
22for unlawfully selling, taking, catching, killing, injuring,
23destroying, or having in possession an antlerless deer. A
24person convicted on or after July 1, 2020, for unlawfully
25selling, taking, catching, killing, injuring, destroying,
26or having in possession an antlerless deer who has paid the
27current reimbursement amount for an antlerless deer shall
28be refunded the difference between the person’s payment and
29the reimbursement amount set forth in Code section 481A.130,
30subsection 1, paragraph “c”.
31In administering and enforcing administrative rules relating
32to deer depredation, the bill requires the department of
33natural resources (DNR) to require payment of a $2 fee for the
34issuance of a deer depredation license or permit. The bill
35also requires DNR to allow deer depredation tags to be filled
-3-1in the months of September, October, November, and December, in
2addition to any other time that DNR finds necessary.
3Under current law, deer hunting licenses are allocated by
4zones and counties. The bill requires the natural resource
5commission to make available for use in a January antlerless
6deer hunting season all unsold antlerless deer hunting licenses
7that have been allocated for use in a specific county. The
8bill requires the commission to allow a person hunting with a
9license issued for the January antlerless deer hunting season
10to use a rifle with a barrel length of at least 16 inches and
11firing centerfire ammunition propelling an expanding-type
12bullet with a maximum diameter of no less than 0.233 inches and
13no larger than 0.500 inches and with a published or calculated
14muzzle energy of 500 foot pounds or higher.
15The bill requires DNR to conduct a deer population study to
16determine the estimated deer population in each county in this
17state. The bill requires DNR to review and provide scientific
18data relating to the environmental impact of excessive deer
19populations, including the impact to crops and trees, review
20information relating to the spread of disease in deer and other
21wildlife populations, and include information on property loss,
22medical costs, and fatalities due to deer-vehicle accidents.
23The bill requires DNR to work with relevant representatives
24from the Iowa state university of science and technology, the
25department of transportation, and the insurance division of
26the department of commerce. Expenses for conducting the study
27shall be paid from the fish and wildlife protection fund. The
28bill requires DNR to submit a report to the general assembly
29by January 1, 2022.
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2effective date and retroactive applicability provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 481A.130, subsection 1, paragraph h,
2Code 2021, is amended to read as follows:
3h. For each deer, except as provided in paragraph “g”, and
4for each swan or crane, one thousand five hundred dollars.
5 Sec. 2. Section 481C.2A, subsection 5, Code 2021, is amended
6to read as follows:
75. The department shall administer and enforce the
8administrative rules concerning deer depredation, including
9issuance of deer depredation licenses and deer shooting
10permits, that are established by the commission and subject to
11the following conditions:
12a. Except for a free license issued under subsection 1,
13paragraph “b”, the department shall require a fee of two dollars
14for a license or permit issued pursuant to this section.
15b. In addition to other times the department finds
16necessary, the department shall allow licenses and permits
17issued pursuant to this section to be used in the months of
18September, October, November, and December.
19 Sec. 3. Section 483A.8, Code 2021, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 9. The commission shall make available
22for use in a January antlerless deer hunting season all unsold
23antlerless deer hunting licenses that have been allocated
24for use in a specific county. The commission shall allow a
25person hunting with a license issued under this subsection to
26use a rifle with a barrel length of at least sixteen inches
27and firing centerfire ammunition propelling an expanding-type
28bullet with a maximum diameter of no less than two hundred
29twenty-three thousandths of one inch and no larger than
30five hundred thousandths of one inch and with a published or
31calculated muzzle energy of five hundred foot pounds or higher.
32 Sec. 4. DEER POPULATION STUDY. The department of natural
33resources shall conduct a deer population study to determine
34the estimated deer population in each county in this state,
35which shall be supported by historical records dating back
-1-1to 1970. The department shall review and provide scientific
2data relating to the environmental impact of excessive deer
3populations, including the impact to crops and trees. The
4department shall also review the spread of disease in deer
5and other wildlife populations. Additionally, the report
6shall include information on property loss, medical costs, and
7fatalities due to deer-vehicle accidents. In conducting the
8study, the department shall work with relevant representatives
9from the Iowa state university of science and technology,
10the department of transportation, and the insurance division
11of the department of commerce. Expenses for conducting the
12study shall be paid from the fish and wildlife protection fund
13established in section 456A.17 and such payments are considered
14a proper use of the funds for purposes of section 456A.27 and
15Article VII, section 9, of the Constitution of the State of
16Iowa. The department shall submit a report summarizing the
17results of the study to the general assembly by January 1,
182022.
19 Sec. 5. REIMBURSEMENT PAYMENTS FOR UNLAWFULLY TAKEN
20ANTLERLESS DEER — REFUNDS. A person convicted on or after
21July 1, 2020, for unlawfully selling, taking, catching,
22killing, injuring, destroying, or having in possession an
23antlerless deer who has paid the reimbursement amount set forth
24in section 481A.130, subsection 1, paragraph “h”, shall be
25refunded the difference between the person’s payment and the
26reimbursement amount set forth in section 481A.130, subsection
271, paragraph “c”.
28 Sec. 6. EFFECTIVE DATE. The following, being deemed of
29immediate importance, take effect upon enactment:
301. The section of this Act amending section 481A.130.
312. The section of this Act requiring the issuance of a
32refund for a reimbursement payment made pursuant to section
33481A.130 for a conviction entered on or after July 1, 2020,
34for unlawfully selling, taking, catching, killing, injuring,
35destroying, or having in possession an antlerless deer.
-2-1 Sec. 7. RETROACTIVE APPLICABILITY. The following applies
2retroactively to July 1, 2020, to persons convicted on or after
3that date for unlawfully selling, taking, catching, killing,
4injuring, destroying, or having in possession an antlerless
5deer:
6The section of this Act amending section 481A.130.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to deer population management.
11Current law provides that a person convicted of unlawfully
12selling, taking, catching, killing, injuring, destroying,
13or having in possession an antlerless deer shall reimburse
14the state $1,500. The bill removes antlerless deer from the
15provision that sets the reimbursement value at $1,500. Because
16damages are not otherwise prescribed for an antlerless deer,
17a person convicted of unlawfully selling, taking, catching,
18killing, injuring, destroying, or having in possession an
19antlerless deer shall reimburse the state $50. This provision
20takes effect upon enactment and applies retroactively to
21July 1, 2020, to persons convicted on or after that date
22for unlawfully selling, taking, catching, killing, injuring,
23destroying, or having in possession an antlerless deer. A
24person convicted on or after July 1, 2020, for unlawfully
25selling, taking, catching, killing, injuring, destroying,
26or having in possession an antlerless deer who has paid the
27current reimbursement amount for an antlerless deer shall
28be refunded the difference between the person’s payment and
29the reimbursement amount set forth in Code section 481A.130,
30subsection 1, paragraph “c”.
31In administering and enforcing administrative rules relating
32to deer depredation, the bill requires the department of
33natural resources (DNR) to require payment of a $2 fee for the
34issuance of a deer depredation license or permit. The bill
35also requires DNR to allow deer depredation tags to be filled
-3-1in the months of September, October, November, and December, in
2addition to any other time that DNR finds necessary.
3Under current law, deer hunting licenses are allocated by
4zones and counties. The bill requires the natural resource
5commission to make available for use in a January antlerless
6deer hunting season all unsold antlerless deer hunting licenses
7that have been allocated for use in a specific county. The
8bill requires the commission to allow a person hunting with a
9license issued for the January antlerless deer hunting season
10to use a rifle with a barrel length of at least 16 inches and
11firing centerfire ammunition propelling an expanding-type
12bullet with a maximum diameter of no less than 0.233 inches and
13no larger than 0.500 inches and with a published or calculated
14muzzle energy of 500 foot pounds or higher.
15The bill requires DNR to conduct a deer population study to
16determine the estimated deer population in each county in this
17state. The bill requires DNR to review and provide scientific
18data relating to the environmental impact of excessive deer
19populations, including the impact to crops and trees, review
20information relating to the spread of disease in deer and other
21wildlife populations, and include information on property loss,
22medical costs, and fatalities due to deer-vehicle accidents.
23The bill requires DNR to work with relevant representatives
24from the Iowa state university of science and technology, the
25department of transportation, and the insurance division of
26the department of commerce. Expenses for conducting the study
27shall be paid from the fish and wildlife protection fund. The
28bill requires DNR to submit a report to the general assembly
29by January 1, 2022.
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