Bill Summary – FastDemocracy

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