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Senate Study Bill 1189 - IntroducedA Bill ForAn Act 1relating to the establishment of certain licenses and
2fees by rules adopted by the natural resource commission
3and including coordinating and transition provisions, and
4effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2LICENSES AND FEES — RULES
3 Section 1. Section 483A.1, Code 2017, is amended by striking
4the section and inserting in lieu thereof the following:
5483A.1 Licenses — fees — rules.
61. Except as otherwise provided in this chapter, a person
7shall not fish, trap, hunt, pursue, catch, kill, take in
8any manner, use, have possession of, sell, or transport all
9or a part of any wild animal, bird, game, turtle, or fish,
10the protection and regulation of which is desirable for
11the conservation of resources of the state, without first
12obtaining a license for that purpose, and the payment of a fee
13as established by rules adopted by the commission pursuant to
14chapter 17A.
152. a. The fees established by rule pursuant to subsection 1
16shall be periodically evaluated by the department, but not less
17often than once every three years, to ensure that the fees paid
18are sufficient to meet the needs of natural resource management
19and the public.
20b. By December 15 of each year on and after December 15,
212018, that an evaluation of the license fees is completed, the
22department shall file a written report with the commission and
23the general assembly which shall include the evaluation and
24recommendations for changes, if any. Any fee increase proposed
25in such a report shall not take effect until on or after
26December 15 of the year succeeding the report and an individual
27license fee shall not be increased in any calendar year in an
28amount that exceeds five percent.
29 Sec. 2. Section 483A.3, subsection 1, paragraph a, Code
302017, is amended to read as follows:
31a. A resident or nonresident person required to have a
32hunting or fur harvester license shall not hunt or trap unless
33the person purchases a hunting or fur harvester license that
34includes the wildlife habitat fee, in an amount established by
35rules adopted by the commission pursuant to section 483A.1.
-1-1 Sec. 3. Section 483A.3, subsection 1, paragraph c, Code
22017, is amended by striking the paragraph.
3 Sec. 4. Section 483A.3, subsection 1, paragraphs d and e,
4Code 2017, are amended to read as follows:
5d. All wildlife habitat fees shall be administered in
6the same manner as hunting and fur harvester licenses except
7all revenue derived from wildlife habitat fees shall be used
8within the state of Iowa for habitat development and shall be
9deposited in the state fish and game protection fund, except
10as provided in subsection 2. The revenue may be used for
11the matching of federal funds. The revenues and any matched
12federal funds shall be used for acquisition of land, leasing of
13land, or obtaining of easements from willing sellers for use
14as wildlife habitats. Notwithstanding the exemption provided
15by section 427.1, any land acquired with the revenues and
16matched federal funds shall be subject to the full consolidated
17levy of property taxes, which shall be paid from those the
18income generated from those lands or, if no such income is
19generated, from the wildlife habitat fee revenues. In addition
20the revenue may be used for the development and enhancement of
21wildlife lands and habitat areas.
22e. Not less than fifty percent of all revenue three dollars
23 from each wildlife habitat fees fee shall be allocated as
24specified in section 483A.3B and not less than fifty percent
25of the balance of each fee shall be used by the commission
26to enter into agreements with county conservation boards or
27other public agencies in order to carry out the purposes of
28this section. The However, the state share of funding of those
29agreements provided by the revenue from wildlife habitat fees
30shall not exceed seventy-five percent.
31 Sec. 5. Section 483A.3, subsections 3 and 4, Code 2017, are
32amended to read as follows:
333. Notwithstanding subsections 1 and 2, any increase in
34wildlife habitat fee revenues received collected on or after
35July 1, 2007 December 15, 2017, pursuant to this section as
-2-1a result of wildlife habitat fee increases pursuant to 2007
2Iowa Acts, ch.194 established by rules adopted pursuant to
3section 483A.1, shall be used by the commission only for
4the purpose of the game bird habitat development program as
5provided for any of the purposes set forth in this section or
6 in section 483A.3B, except that such increases in revenues
7collected shall not be used by the commission for the purpose
8of land acquisition. The commission shall not reduce on an
9annual basis for these purposes the amount of other funds being
10expended as of July 1, 2007 December 15, 2017.
114. A three-year multi-year hunting license purchased
12pursuant to section 483A.1, subsection 1, paragraph “j”
13483A.9A, includes the payment of a wildlife habitat fee for
14each of the three years for which the license is valid and
15those fees shall be used as provided in this section.
16 Sec. 6. Section 483A.3A, Code 2017, is amended to read as
17follows:
18483A.3A Fish habitat development funding.
19Three dollars from each resident and nonresident annual and
20seven-day fishing license and nine dollars from each resident
21three-year multi-year fishing license sold shall be deposited
22in the state fish and game protection fund and shall be used
23within this state for fish habitat development. Not less than
24fifty percent of this amount shall be used by the commission to
25enter into agreements with county conservation boards to carry
26out the purposes of this section.
27 Sec. 7. Section 483A.3B, subsection 1, Code 2017, is amended
28to read as follows:
291. Allocation of revenue — accounts. All revenue collected
30from increases in wildlife habitat fees as provided in section
31483A.3, subsection 3 1, paragraph “e”, that is deposited in
32the state fish and game protection fund and that is allocated
33pursuant to this section shall be allocated as follows:
34a. Two Not less than two dollars of each wildlife habitat
35fee collected shall be allocated to the game bird wetlands
-3-1conservation account.
2b. One Not less than one dollar of each wildlife habitat
3fee collected shall be allocated to the game bird buffer strip
4assistance account.
5c. Notwithstanding section 12C.7, subsection 2, interest or
6earnings on moneys collected from wildlife habitat fees that
7are deposited in each account created under this section shall
8be credited to that account. Notwithstanding section 8.33 or
9section 456A.17, moneys credited to each account created under
10this section shall not revert to the state general fund at the
11close of a fiscal year.
12d. All revenue generated by increases in the collected
13from wildlife habitat fee fees as provided in section 483A.3,
14subsection 3 1, paragraph “e”, that is allocated pursuant to
15this section shall be used as provided in this section, except
16for that part which is specified by the department for use in
17paying administrative expenses as provided in section 456A.17.
18 Sec. 8. NEW SECTION. 483A.6B Nonresident five-day hunting
19license — fee.
201. A nonresident may be issued a five-day hunting license
21that costs an amount as set by rules adopted pursuant to
22section 483A.1, including the wildlife habitat fee. A
23nonresident hunting with a license issued under this section
24shall be otherwise qualified to hunt in this state.
252. This section is repealed on December 15, 2020.
26 Sec. 9. Section 483A.17, Code 2017, is amended to read as
27follows:
28483A.17 Tenure of license.
29Every license, except as otherwise provided in this
30chapter, is valid from the date issued to January 10 of the
31succeeding calendar year for which it is issued. A license
32shall not be issued prior to December 15 for the subsequent
33calendar year except for a three-year multi-year fishing
34license or a three-year multi-year hunting license issued to a
35resident pursuant to rules adopted pursuant to section 483A.1,
-4-1subsection 1.
2DIVISION II
3COORDINATING PROVISIONS
4 Sec. 10. Section 331.605, subsection 1, paragraph b,
5subparagraph (1), Code 2017, is amended to read as follows:
6(1) The fees specified in rules adopted pursuant to section
7483A.1.
8 Sec. 11. Section 331.605, subsection 1, paragraph c, Code
92017, is amended to read as follows:
10c. A state migratory game bird fee as provided in rules
11adopted pursuant to section 483A.1.
12 Sec. 12. Section 481A.93, subsection 2, paragraph b,
13subparagraph (2), Code 2017, is amended to read as follows:
14(2) The totally blind person is accompanied and aided
15by a person who is at least eighteen years of age and whose
16vision is not seriously impaired. The accompanying person must
17purchase a hunting license that includes the wildlife habitat
18fee as provided in rules adopted pursuant to section 483A.1
19if applicable. If the accompanying person is not required
20to have a hunting license the person is not required to pay
21the wildlife habitat fee. During the hunt, the accompanying
22adult must be within arm’s reach of the totally blind person,
23and must be able to identify the target and the location of
24the laser sight beam on the target. A person other than the
25totally blind person shall not shoot the laser sight-equipped
26gun or bow.
27 Sec. 13. Section 483A.1A, subsection 10, paragraph c, Code
282017, is amended to read as follows:
29c. Is a student who qualifies as a resident pursuant to
30paragraph “b” only for the purpose of purchasing any resident
31license specified in rules adopted pursuant to section 483A.1.
32 Sec. 14. Section 483A.7, subsection 3, paragraph b, Code
332017, is amended to read as follows:
34b. The commission shall assign one preference point to a
35nonresident whose application for a nonresident wild turkey
-5-1hunting license is denied due to limitations on the number
2of nonresident wild turkey hunting licenses available for
3issuance that year. An additional preference point shall be
4assigned to that person each subsequent year the person’s
5license application is denied for that reason. A nonresident
6may purchase additional preference points pursuant to rules
7adopted pursuant to section 483A.1, subsection 2, paragraph
8“j”. The first nonresident wild turkey hunting license drawing
9each year shall be made from the pool of applicants with the
10most preference points and continue to pools of applicants
11with successively fewer preference points until all available
12nonresident wild turkey hunting licenses have been issued. If
13a nonresident applicant receives a wild turkey hunting license,
14all of the applicant’s assigned preference points at that time
15shall be removed.
16 Sec. 15. Section 483A.8, subsection 3, paragraphs a, b, and
17e, Code 2017, are amended to read as follows:
18a. A nonresident hunting deer is required to purchase
19a nonresident annual hunting license that includes the
20wildlife habitat fee and a nonresident deer hunting license.
21In addition, a nonresident who purchases a deer hunting
22license shall pay a one dollar fee that shall be used and
23is appropriated for the purpose of deer herd population
24management, including assisting with the cost of processing
25deer donated to the help us stop hunger program administered
26by the commission.
27b. A nonresident who purchases an antlered or any sex deer
28hunting license pursuant to rules adopted pursuant to section
29483A.1, subsection 2, paragraph “i”, is required to purchase
30an antlerless deer only deer hunting license at the same
31time, pursuant to rules adopted pursuant to section 483A.1,
32subsection 2, paragraph “k”.
33e. The commission shall assign one preference point to a
34nonresident whose application for a nonresident antlered or any
35sex deer hunting license is denied due to limitations on the
-6-1number of nonresident antlered or any sex deer hunting licenses
2available for issuance that year. An additional preference
3point shall be assigned to that person each subsequent year
4the person’s license application is denied for that reason. A
5nonresident may purchase additional preference points pursuant
6to rules adopted pursuant to section 483A.1, subsection 2,
7paragraph “j”. The first nonresident antlered or any sex deer
8hunting license drawing each year shall be made from the pool
9of applicants with the most preference points and continue
10to pools of applicants with successively fewer preference
11points until all available nonresident antlered or any sex deer
12hunting licenses have been issued. If a nonresident applicant
13receives an antlered or any sex deer hunting license, all of
14the applicant’s assigned preference points at that time shall
15be removed.
16 Sec. 16. Section 483A.8, subsections 4 and 6, Code 2017, are
17amended to read as follows:
184. The commission may provide, by rule, for the issuance of
19an additional antlerless deer hunting license to a person who
20has been issued an antlerless deer hunting license. The rules
21shall specify the number of additional antlerless deer hunting
22licenses which may be issued, and the season and zone in which
23the license is valid. The fee for an additional antlerless
24deer hunting license shall be ten dollars an amount established
25by rules adopted pursuant to section 483A.1 for residents.
266. The commission shall provide by rule for the annual
27issuance to a nonresident of a nonresident antlerless deer
28hunting license that is valid for use only during the period
29beginning on December 24 and ending at sunset on January 2 of
30the following year and costs seventy-five dollars an amount
31established by rules adopted pursuant to section 483A.1. A
32nonresident hunting deer with a license issued under this
33subsection shall be otherwise qualified to hunt deer in this
34state and shall purchase a nonresident annual hunting license
35that includes the wildlife habitat fee, and pay the one dollar
-7-1fee for the purpose of deer herd population management as
2provided in subsection 3. Pursuant to this subsection, the
3commission shall make available for issuance only the remaining
4nonresident antlerless deer hunting licenses allocated under
5subsection 3 that have not yet been issued for the current
6year’s nonresident antlerless deer hunting seasons.
7 Sec. 17. Section 483A.9A, subsection 3, Code 2017, is
8amended to read as follows:
93. The commission shall offer to residents a combination
10package of an annual fishing license and an annual hunting
11license, as provided in rules adopted pursuant to section
12483A.1, subsection 1, the cost of which includes the wildlife
13habitat fee.
14 Sec. 18. Section 483A.24, subsection 2, paragraph d, Code
152017, is amended to read as follows:
16d. In addition to the free deer hunting licenses received
17pursuant to paragraph “c”, an owner of a farm unit or a
18member of the owner’s family and the tenant or a member of the
19tenant’s family may purchase a deer hunting license for any
20option offered to paying deer hunting licensees. An owner of a
21farm unit or a member of the owner’s family and the tenant or a
22member of the tenant’s family may also purchase two additional
23antlerless deer hunting licenses which are valid only on the
24farm unit for a fee of ten dollars each established by rules
25adopted pursuant to section 483A.1.
26 Sec. 19. Section 483A.24, subsection 3, paragraph a, Code
272017, is amended to read as follows:
28a. Fifty of the nonresident deer hunting licenses shall be
29allocated as requested by a majority of a committee consisting
30of the majority leader of the senate, speaker of the house
31of representatives, and director of the economic development
32authority, or their designees. The licenses provided pursuant
33to this subsection shall be in addition to the number of
34nonresident licenses authorized pursuant to section 483A.8.
35The purpose of the special nonresident licenses is to allow
-8-1state officials and local development groups to promote the
2state and its natural resources to nonresident guests and
3dignitaries. Photographs, videotapes, or any other form
4of media resulting from the hunting visitation shall not
5be used for political campaign purposes. The nonresident
6licenses shall be issued without application upon purchase of a
7nonresident annual hunting license that includes the wildlife
8habitat fee and the purchase of a nonresident deer hunting
9license. The licenses are valid in all zones open to deer
10hunting. The hunter education certificate requirement pursuant
11to section 483A.27 is waived for a nonresident issued a license
12pursuant to this subsection.
13 Sec. 20. Section 483A.24, subsection 4, paragraph a, Code
142017, is amended to read as follows:
15a. Fifty of the nonresident wild turkey hunting licenses
16shall be allocated as requested by a majority of a committee
17consisting of the majority leader of the senate, speaker of
18the house of representatives, and director of the economic
19development authority, or their designees. The licenses
20provided pursuant to this subsection shall be in addition
21to the number of nonresident licenses authorized pursuant
22to section 483A.7. The purpose of the special nonresident
23licenses is to allow state officials and local development
24groups to promote the state and its natural resources to
25nonresident guests and dignitaries. Photographs, videotapes,
26or any other form of media resulting from the hunting
27visitation shall not be used for political campaign purposes.
28The nonresident licenses shall be issued without application
29upon purchase of a nonresident annual hunting license that
30includes the wildlife habitat fee and the purchase of a
31nonresident wild turkey hunting license. The licenses are
32valid in all zones open to wild turkey hunting. The hunter
33education certificate requirement pursuant to section 483A.27
34is waived for a nonresident issued a license pursuant to this
35subsection.
-9-1 Sec. 21. Section 483A.24, subsection 16, Code 2017, is
2amended to read as follows:
316. Upon payment of the fee of five dollars established by
4rules adopted pursuant to section 483A.1 for a lifetime fishing
5license or lifetime hunting and fishing combined license, the
6department shall issue a lifetime fishing license or lifetime
7hunting and fishing combined license to a resident of Iowa
8who has served in the armed forces of the United States on
9federal active duty and who was disabled or was a prisoner of
10war during that veteran’s military service. The department
11shall prepare an application to be used by a person requesting
12a lifetime fishing license or lifetime hunting and fishing
13combined license under this subsection. The department of
14veterans affairs shall assist the department in verifying the
15status or claims of applicants under this subsection. As used
16in this subsection, “disabled” means entitled to a service
17connected rating under 38 U.S.C. ch.11.
18 Sec. 22. Section 483A.28, subsection 4, Code 2017, is
19amended to read as follows:
204. Any person who is issued a valid fishing license pursuant
21to this chapter may fish with a third line as provided in
22section 481A.72 only upon the annual purchase of a third line
23fishing permit as provided in rules adopted pursuant to section
24483A.1.
25 Sec. 23. Section 717F.7, subsection 3, Code 2017, is amended
26to read as follows:
273. A person who keeps falcons, if the person has been issued
28a falconry license by the department of natural resources
29pursuant to rules adopted pursuant to section 483A.1.
30 Sec. 24. Section 805.8B, subsection 3, paragraph o,
31unnumbered paragraph 1, Code 2017, is amended to read as
32follows:
33For violations of rules adopted pursuant to section 483A.1
34relating to licenses and permits, the scheduled fines are as
35follows:
-10-1DIVISION III
2TRANSITION PROVISIONS and EFFECTIVE DATES
3 Sec. 25. RULEMAKING. The natural resource commission shall
4submit a notice of intended action to the administrative rules
5coordinator and the administrative code editor pursuant to
6section 17A.4, subsection 1, not later than July 14, 2017, for
7the adoption of rules establishing fees pursuant to section
8483A.1, subsection 1, as enacted by this Act. Such rules shall
9be effective December 15, 2017.
10 Sec. 26. EFFECTIVE DATES — TRANSITION.
111. Divisions I and II of this Act take effect December 15,
122017. A license issued or in effect prior to December 15,
132017, is subject to the provisions of Code 2017. This Act does
14not affect the validity of a license issued prior to December
1515, 2017.
162. This division of this Act, being deemed of immediate
17importance, takes effect upon enactment.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21DIVISION I. This bill authorizes the natural resource
22commission to adopt rules providing for the issuance of
23licenses for fishing, hunting, and fur harvesting and
24setting fees for those licenses. The bill provides that fees
25established by such rules shall be periodically evaluated by
26the department of natural resources, but not less than once
27every three years to ensure that the fees paid are sufficient
28to meet the needs of natural resource management and the
29public.
30By December 15 of each year on and after December 15, 2018,
31that an evaluation of license fees is completed, the department
32is required to file a written report with the commission
33and the general assembly which includes the evaluation and
34recommendations for changes, if any. Any fee increase proposed
35in such a report shall not take effect until on or after
-11-1December 15 of the succeeding year and an individual license
2fee shall not be increased in any calendar year by more than 5
3percent.
4The bill provides that income generated from land acquired
5with revenues from wildlife habitat fees and matched federal
6funds shall be used to pay property taxes on that land, and if
7no income is generated, wildlife habitat fee revenue shall be
8used to pay the taxes. Currently, the taxes are paid only with
9wildlife habitat fee revenues.
10The bill provides that $3 from each wildlife habitat fee
11shall be allocated to game bird habitat development programs as
12specified in Code section 483A.3B and not less than 50 percent
13of the balance of each fee shall be used by the commission to
14enter into agreements with county conservation boards or public
15agencies in order to carry out the purposes of Code section
16483A.3.
17The bill amends Code section 483A.3(3) to provide that
18any increase in wildlife habitat fees collected on or after
19December 15, 2017, as a result of new rules adopted shall be
20used by the commission for any of the purposes set forth in
21Code section 483A.3 or 483A.3B, except that such increases in
22revenue cannot be used by the commission for land acquisition.
23Currently, the increase in wildlife habitat fee revenues
24received as a result of an increase in the resident and
25nonresident wildlife habitat fees in 2007, from $8 to $11,
26can be used by the commission only for game bird habitat
27development programs.
28The bill also provides that of the $3 from each wildlife
29habitat fee that is allocated to game bird habitat development
30programs, not less than $2 must be allocated to the game bird
31wetlands conservation account and not less than $1 must be
32allocated to the game bird buffer strip assistance account.
33The bill changes any references to three-year licenses to
34instead refer to multi-year licenses that may be issued on or
35after December 17, 2017.
-12- 1The bill allows the commission to establish by rule, a new
2five-day nonresident adult hunting license that includes the
3wildlife habitat fee. However, the bill also provides that
4a nonresident who purchases a hunting license in conjunction
5with a deer or turkey hunting license must purchase an annual
6hunting license.
7DIVISION II. Numerous coordinating amendments are made
8to the Code as necessitated by the changes that are made in
9division I of the bill allowing the commission to provide for
10licenses and fees by rule.
11DIVISION III. The bill directs the natural resource
12commission to commence rulemaking procedures by July 14, 2017,
13for the adoption of rules pursuant to the bill’s provisions
14that must be effective December 15, 2017.
15The bill provides that divisions I and II of the bill take
16effect December 15, 2017, and that licenses issued or in
17effect prior to this date remain valid and are subject to the
18provisions of Code 2017.
19Division III of the bill is effective upon enactment.
-13-av/nh
2fees by rules adopted by the natural resource commission
3and including coordinating and transition provisions, and
4effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2LICENSES AND FEES — RULES
3 Section 1. Section 483A.1, Code 2017, is amended by striking
4the section and inserting in lieu thereof the following:
5483A.1 Licenses — fees — rules.
61. Except as otherwise provided in this chapter, a person
7shall not fish, trap, hunt, pursue, catch, kill, take in
8any manner, use, have possession of, sell, or transport all
9or a part of any wild animal, bird, game, turtle, or fish,
10the protection and regulation of which is desirable for
11the conservation of resources of the state, without first
12obtaining a license for that purpose, and the payment of a fee
13as established by rules adopted by the commission pursuant to
14chapter 17A.
152. a. The fees established by rule pursuant to subsection 1
16shall be periodically evaluated by the department, but not less
17often than once every three years, to ensure that the fees paid
18are sufficient to meet the needs of natural resource management
19and the public.
20b. By December 15 of each year on and after December 15,
212018, that an evaluation of the license fees is completed, the
22department shall file a written report with the commission and
23the general assembly which shall include the evaluation and
24recommendations for changes, if any. Any fee increase proposed
25in such a report shall not take effect until on or after
26December 15 of the year succeeding the report and an individual
27license fee shall not be increased in any calendar year in an
28amount that exceeds five percent.
29 Sec. 2. Section 483A.3, subsection 1, paragraph a, Code
302017, is amended to read as follows:
31a. A resident or nonresident person required to have a
32hunting or fur harvester license shall not hunt or trap unless
33the person purchases a hunting or fur harvester license that
34includes the wildlife habitat fee, in an amount established by
35rules adopted by the commission pursuant to section 483A.1.
-1-1 Sec. 3. Section 483A.3, subsection 1, paragraph c, Code
22017, is amended by striking the paragraph.
3 Sec. 4. Section 483A.3, subsection 1, paragraphs d and e,
4Code 2017, are amended to read as follows:
5d. All wildlife habitat fees shall be administered in
6the same manner as hunting and fur harvester licenses except
7all revenue derived from wildlife habitat fees shall be used
8within the state of Iowa for habitat development and shall be
9deposited in the state fish and game protection fund, except
10as provided in subsection 2. The revenue may be used for
11the matching of federal funds. The revenues and any matched
12federal funds shall be used for acquisition of land, leasing of
13land, or obtaining of easements from willing sellers for use
14as wildlife habitats. Notwithstanding the exemption provided
15by section 427.1, any land acquired with the revenues and
16matched federal funds shall be subject to the full consolidated
17levy of property taxes, which shall be paid from those the
18income generated from those lands or, if no such income is
19generated, from the wildlife habitat fee revenues. In addition
20the revenue may be used for the development and enhancement of
21wildlife lands and habitat areas.
22e. Not less than fifty percent of all revenue three dollars
23 from each wildlife habitat fees fee shall be allocated as
24specified in section 483A.3B and not less than fifty percent
25of the balance of each fee shall be used by the commission
26to enter into agreements with county conservation boards or
27other public agencies in order to carry out the purposes of
28this section. The However, the state share of funding of those
29agreements provided by the revenue from wildlife habitat fees
30shall not exceed seventy-five percent.
31 Sec. 5. Section 483A.3, subsections 3 and 4, Code 2017, are
32amended to read as follows:
333. Notwithstanding subsections 1 and 2, any increase in
34wildlife habitat fee revenues received collected on or after
35July 1, 2007 December 15, 2017, pursuant to this section as
-2-1a result of wildlife habitat fee increases pursuant to 2007
2Iowa Acts, ch.194 established by rules adopted pursuant to
3section 483A.1, shall be used by the commission only for
4the purpose of the game bird habitat development program as
5provided for any of the purposes set forth in this section or
6 in section 483A.3B, except that such increases in revenues
7collected shall not be used by the commission for the purpose
8of land acquisition. The commission shall not reduce on an
9annual basis for these purposes the amount of other funds being
10expended as of July 1, 2007 December 15, 2017.
114. A three-year multi-year hunting license purchased
12pursuant to section 483A.1, subsection 1, paragraph “j”
13483A.9A, includes the payment of a wildlife habitat fee for
14each of the three years for which the license is valid and
15those fees shall be used as provided in this section.
16 Sec. 6. Section 483A.3A, Code 2017, is amended to read as
17follows:
18483A.3A Fish habitat development funding.
19Three dollars from each resident and nonresident annual and
20seven-day fishing license and nine dollars from each resident
21three-year multi-year fishing license sold shall be deposited
22in the state fish and game protection fund and shall be used
23within this state for fish habitat development. Not less than
24fifty percent of this amount shall be used by the commission to
25enter into agreements with county conservation boards to carry
26out the purposes of this section.
27 Sec. 7. Section 483A.3B, subsection 1, Code 2017, is amended
28to read as follows:
291. Allocation of revenue — accounts. All revenue collected
30from increases in wildlife habitat fees as provided in section
31483A.3, subsection 3 1, paragraph “e”, that is deposited in
32the state fish and game protection fund and that is allocated
33pursuant to this section shall be allocated as follows:
34a. Two Not less than two dollars of each wildlife habitat
35fee collected shall be allocated to the game bird wetlands
-3-1conservation account.
2b. One Not less than one dollar of each wildlife habitat
3fee collected shall be allocated to the game bird buffer strip
4assistance account.
5c. Notwithstanding section 12C.7, subsection 2, interest or
6earnings on moneys collected from wildlife habitat fees that
7are deposited in each account created under this section shall
8be credited to that account. Notwithstanding section 8.33 or
9section 456A.17, moneys credited to each account created under
10this section shall not revert to the state general fund at the
11close of a fiscal year.
12d. All revenue generated by increases in the collected
13from wildlife habitat fee fees as provided in section 483A.3,
14subsection 3 1, paragraph “e”, that is allocated pursuant to
15this section shall be used as provided in this section, except
16for that part which is specified by the department for use in
17paying administrative expenses as provided in section 456A.17.
18 Sec. 8. NEW SECTION. 483A.6B Nonresident five-day hunting
19license — fee.
201. A nonresident may be issued a five-day hunting license
21that costs an amount as set by rules adopted pursuant to
22section 483A.1, including the wildlife habitat fee. A
23nonresident hunting with a license issued under this section
24shall be otherwise qualified to hunt in this state.
252. This section is repealed on December 15, 2020.
26 Sec. 9. Section 483A.17, Code 2017, is amended to read as
27follows:
28483A.17 Tenure of license.
29Every license, except as otherwise provided in this
30chapter, is valid from the date issued to January 10 of the
31succeeding calendar year for which it is issued. A license
32shall not be issued prior to December 15 for the subsequent
33calendar year except for a three-year multi-year fishing
34license or a three-year multi-year hunting license issued to a
35resident pursuant to rules adopted pursuant to section 483A.1,
-4-1subsection 1.
2DIVISION II
3COORDINATING PROVISIONS
4 Sec. 10. Section 331.605, subsection 1, paragraph b,
5subparagraph (1), Code 2017, is amended to read as follows:
6(1) The fees specified in rules adopted pursuant to section
7483A.1.
8 Sec. 11. Section 331.605, subsection 1, paragraph c, Code
92017, is amended to read as follows:
10c. A state migratory game bird fee as provided in rules
11adopted pursuant to section 483A.1.
12 Sec. 12. Section 481A.93, subsection 2, paragraph b,
13subparagraph (2), Code 2017, is amended to read as follows:
14(2) The totally blind person is accompanied and aided
15by a person who is at least eighteen years of age and whose
16vision is not seriously impaired. The accompanying person must
17purchase a hunting license that includes the wildlife habitat
18fee as provided in rules adopted pursuant to section 483A.1
19if applicable. If the accompanying person is not required
20to have a hunting license the person is not required to pay
21the wildlife habitat fee. During the hunt, the accompanying
22adult must be within arm’s reach of the totally blind person,
23and must be able to identify the target and the location of
24the laser sight beam on the target. A person other than the
25totally blind person shall not shoot the laser sight-equipped
26gun or bow.
27 Sec. 13. Section 483A.1A, subsection 10, paragraph c, Code
282017, is amended to read as follows:
29c. Is a student who qualifies as a resident pursuant to
30paragraph “b” only for the purpose of purchasing any resident
31license specified in rules adopted pursuant to section 483A.1.
32 Sec. 14. Section 483A.7, subsection 3, paragraph b, Code
332017, is amended to read as follows:
34b. The commission shall assign one preference point to a
35nonresident whose application for a nonresident wild turkey
-5-1hunting license is denied due to limitations on the number
2of nonresident wild turkey hunting licenses available for
3issuance that year. An additional preference point shall be
4assigned to that person each subsequent year the person’s
5license application is denied for that reason. A nonresident
6may purchase additional preference points pursuant to rules
7adopted pursuant to section 483A.1, subsection 2, paragraph
8“j”. The first nonresident wild turkey hunting license drawing
9each year shall be made from the pool of applicants with the
10most preference points and continue to pools of applicants
11with successively fewer preference points until all available
12nonresident wild turkey hunting licenses have been issued. If
13a nonresident applicant receives a wild turkey hunting license,
14all of the applicant’s assigned preference points at that time
15shall be removed.
16 Sec. 15. Section 483A.8, subsection 3, paragraphs a, b, and
17e, Code 2017, are amended to read as follows:
18a. A nonresident hunting deer is required to purchase
19a nonresident annual hunting license that includes the
20wildlife habitat fee and a nonresident deer hunting license.
21In addition, a nonresident who purchases a deer hunting
22license shall pay a one dollar fee that shall be used and
23is appropriated for the purpose of deer herd population
24management, including assisting with the cost of processing
25deer donated to the help us stop hunger program administered
26by the commission.
27b. A nonresident who purchases an antlered or any sex deer
28hunting license pursuant to rules adopted pursuant to section
29483A.1, subsection 2, paragraph “i”, is required to purchase
30an antlerless deer only deer hunting license at the same
31time, pursuant to rules adopted pursuant to section 483A.1,
32subsection 2, paragraph “k”.
33e. The commission shall assign one preference point to a
34nonresident whose application for a nonresident antlered or any
35sex deer hunting license is denied due to limitations on the
-6-1number of nonresident antlered or any sex deer hunting licenses
2available for issuance that year. An additional preference
3point shall be assigned to that person each subsequent year
4the person’s license application is denied for that reason. A
5nonresident may purchase additional preference points pursuant
6to rules adopted pursuant to section 483A.1, subsection 2,
7paragraph “j”. The first nonresident antlered or any sex deer
8hunting license drawing each year shall be made from the pool
9of applicants with the most preference points and continue
10to pools of applicants with successively fewer preference
11points until all available nonresident antlered or any sex deer
12hunting licenses have been issued. If a nonresident applicant
13receives an antlered or any sex deer hunting license, all of
14the applicant’s assigned preference points at that time shall
15be removed.
16 Sec. 16. Section 483A.8, subsections 4 and 6, Code 2017, are
17amended to read as follows:
184. The commission may provide, by rule, for the issuance of
19an additional antlerless deer hunting license to a person who
20has been issued an antlerless deer hunting license. The rules
21shall specify the number of additional antlerless deer hunting
22licenses which may be issued, and the season and zone in which
23the license is valid. The fee for an additional antlerless
24deer hunting license shall be ten dollars an amount established
25by rules adopted pursuant to section 483A.1 for residents.
266. The commission shall provide by rule for the annual
27issuance to a nonresident of a nonresident antlerless deer
28hunting license that is valid for use only during the period
29beginning on December 24 and ending at sunset on January 2 of
30the following year and costs seventy-five dollars an amount
31established by rules adopted pursuant to section 483A.1. A
32nonresident hunting deer with a license issued under this
33subsection shall be otherwise qualified to hunt deer in this
34state and shall purchase a nonresident annual hunting license
35that includes the wildlife habitat fee, and pay the one dollar
-7-1fee for the purpose of deer herd population management as
2provided in subsection 3. Pursuant to this subsection, the
3commission shall make available for issuance only the remaining
4nonresident antlerless deer hunting licenses allocated under
5subsection 3 that have not yet been issued for the current
6year’s nonresident antlerless deer hunting seasons.
7 Sec. 17. Section 483A.9A, subsection 3, Code 2017, is
8amended to read as follows:
93. The commission shall offer to residents a combination
10package of an annual fishing license and an annual hunting
11license, as provided in rules adopted pursuant to section
12483A.1, subsection 1, the cost of which includes the wildlife
13habitat fee.
14 Sec. 18. Section 483A.24, subsection 2, paragraph d, Code
152017, is amended to read as follows:
16d. In addition to the free deer hunting licenses received
17pursuant to paragraph “c”, an owner of a farm unit or a
18member of the owner’s family and the tenant or a member of the
19tenant’s family may purchase a deer hunting license for any
20option offered to paying deer hunting licensees. An owner of a
21farm unit or a member of the owner’s family and the tenant or a
22member of the tenant’s family may also purchase two additional
23antlerless deer hunting licenses which are valid only on the
24farm unit for a fee of ten dollars each established by rules
25adopted pursuant to section 483A.1.
26 Sec. 19. Section 483A.24, subsection 3, paragraph a, Code
272017, is amended to read as follows:
28a. Fifty of the nonresident deer hunting licenses shall be
29allocated as requested by a majority of a committee consisting
30of the majority leader of the senate, speaker of the house
31of representatives, and director of the economic development
32authority, or their designees. The licenses provided pursuant
33to this subsection shall be in addition to the number of
34nonresident licenses authorized pursuant to section 483A.8.
35The purpose of the special nonresident licenses is to allow
-8-1state officials and local development groups to promote the
2state and its natural resources to nonresident guests and
3dignitaries. Photographs, videotapes, or any other form
4of media resulting from the hunting visitation shall not
5be used for political campaign purposes. The nonresident
6licenses shall be issued without application upon purchase of a
7nonresident annual hunting license that includes the wildlife
8habitat fee and the purchase of a nonresident deer hunting
9license. The licenses are valid in all zones open to deer
10hunting. The hunter education certificate requirement pursuant
11to section 483A.27 is waived for a nonresident issued a license
12pursuant to this subsection.
13 Sec. 20. Section 483A.24, subsection 4, paragraph a, Code
142017, is amended to read as follows:
15a. Fifty of the nonresident wild turkey hunting licenses
16shall be allocated as requested by a majority of a committee
17consisting of the majority leader of the senate, speaker of
18the house of representatives, and director of the economic
19development authority, or their designees. The licenses
20provided pursuant to this subsection shall be in addition
21to the number of nonresident licenses authorized pursuant
22to section 483A.7. The purpose of the special nonresident
23licenses is to allow state officials and local development
24groups to promote the state and its natural resources to
25nonresident guests and dignitaries. Photographs, videotapes,
26or any other form of media resulting from the hunting
27visitation shall not be used for political campaign purposes.
28The nonresident licenses shall be issued without application
29upon purchase of a nonresident annual hunting license that
30includes the wildlife habitat fee and the purchase of a
31nonresident wild turkey hunting license. The licenses are
32valid in all zones open to wild turkey hunting. The hunter
33education certificate requirement pursuant to section 483A.27
34is waived for a nonresident issued a license pursuant to this
35subsection.
-9-1 Sec. 21. Section 483A.24, subsection 16, Code 2017, is
2amended to read as follows:
316. Upon payment of the fee of five dollars established by
4rules adopted pursuant to section 483A.1 for a lifetime fishing
5license or lifetime hunting and fishing combined license, the
6department shall issue a lifetime fishing license or lifetime
7hunting and fishing combined license to a resident of Iowa
8who has served in the armed forces of the United States on
9federal active duty and who was disabled or was a prisoner of
10war during that veteran’s military service. The department
11shall prepare an application to be used by a person requesting
12a lifetime fishing license or lifetime hunting and fishing
13combined license under this subsection. The department of
14veterans affairs shall assist the department in verifying the
15status or claims of applicants under this subsection. As used
16in this subsection, “disabled” means entitled to a service
17connected rating under 38 U.S.C. ch.11.
18 Sec. 22. Section 483A.28, subsection 4, Code 2017, is
19amended to read as follows:
204. Any person who is issued a valid fishing license pursuant
21to this chapter may fish with a third line as provided in
22section 481A.72 only upon the annual purchase of a third line
23fishing permit as provided in rules adopted pursuant to section
24483A.1.
25 Sec. 23. Section 717F.7, subsection 3, Code 2017, is amended
26to read as follows:
273. A person who keeps falcons, if the person has been issued
28a falconry license by the department of natural resources
29pursuant to rules adopted pursuant to section 483A.1.
30 Sec. 24. Section 805.8B, subsection 3, paragraph o,
31unnumbered paragraph 1, Code 2017, is amended to read as
32follows:
33For violations of rules adopted pursuant to section 483A.1
34relating to licenses and permits, the scheduled fines are as
35follows:
-10-1DIVISION III
2TRANSITION PROVISIONS and EFFECTIVE DATES
3 Sec. 25. RULEMAKING. The natural resource commission shall
4submit a notice of intended action to the administrative rules
5coordinator and the administrative code editor pursuant to
6section 17A.4, subsection 1, not later than July 14, 2017, for
7the adoption of rules establishing fees pursuant to section
8483A.1, subsection 1, as enacted by this Act. Such rules shall
9be effective December 15, 2017.
10 Sec. 26. EFFECTIVE DATES — TRANSITION.
111. Divisions I and II of this Act take effect December 15,
122017. A license issued or in effect prior to December 15,
132017, is subject to the provisions of Code 2017. This Act does
14not affect the validity of a license issued prior to December
1515, 2017.
162. This division of this Act, being deemed of immediate
17importance, takes effect upon enactment.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21DIVISION I. This bill authorizes the natural resource
22commission to adopt rules providing for the issuance of
23licenses for fishing, hunting, and fur harvesting and
24setting fees for those licenses. The bill provides that fees
25established by such rules shall be periodically evaluated by
26the department of natural resources, but not less than once
27every three years to ensure that the fees paid are sufficient
28to meet the needs of natural resource management and the
29public.
30By December 15 of each year on and after December 15, 2018,
31that an evaluation of license fees is completed, the department
32is required to file a written report with the commission
33and the general assembly which includes the evaluation and
34recommendations for changes, if any. Any fee increase proposed
35in such a report shall not take effect until on or after
-11-1December 15 of the succeeding year and an individual license
2fee shall not be increased in any calendar year by more than 5
3percent.
4The bill provides that income generated from land acquired
5with revenues from wildlife habitat fees and matched federal
6funds shall be used to pay property taxes on that land, and if
7no income is generated, wildlife habitat fee revenue shall be
8used to pay the taxes. Currently, the taxes are paid only with
9wildlife habitat fee revenues.
10The bill provides that $3 from each wildlife habitat fee
11shall be allocated to game bird habitat development programs as
12specified in Code section 483A.3B and not less than 50 percent
13of the balance of each fee shall be used by the commission to
14enter into agreements with county conservation boards or public
15agencies in order to carry out the purposes of Code section
16483A.3.
17The bill amends Code section 483A.3(3) to provide that
18any increase in wildlife habitat fees collected on or after
19December 15, 2017, as a result of new rules adopted shall be
20used by the commission for any of the purposes set forth in
21Code section 483A.3 or 483A.3B, except that such increases in
22revenue cannot be used by the commission for land acquisition.
23Currently, the increase in wildlife habitat fee revenues
24received as a result of an increase in the resident and
25nonresident wildlife habitat fees in 2007, from $8 to $11,
26can be used by the commission only for game bird habitat
27development programs.
28The bill also provides that of the $3 from each wildlife
29habitat fee that is allocated to game bird habitat development
30programs, not less than $2 must be allocated to the game bird
31wetlands conservation account and not less than $1 must be
32allocated to the game bird buffer strip assistance account.
33The bill changes any references to three-year licenses to
34instead refer to multi-year licenses that may be issued on or
35after December 17, 2017.
-12- 1The bill allows the commission to establish by rule, a new
2five-day nonresident adult hunting license that includes the
3wildlife habitat fee. However, the bill also provides that
4a nonresident who purchases a hunting license in conjunction
5with a deer or turkey hunting license must purchase an annual
6hunting license.
7DIVISION II. Numerous coordinating amendments are made
8to the Code as necessitated by the changes that are made in
9division I of the bill allowing the commission to provide for
10licenses and fees by rule.
11DIVISION III. The bill directs the natural resource
12commission to commence rulemaking procedures by July 14, 2017,
13for the adoption of rules pursuant to the bill’s provisions
14that must be effective December 15, 2017.
15The bill provides that divisions I and II of the bill take
16effect December 15, 2017, and that licenses issued or in
17effect prior to this date remain valid and are subject to the
18provisions of Code 2017.
19Division III of the bill is effective upon enactment.
-13-av/nh