Bill Summary – FastDemocracy

Senate File 464 - Introduced
                                  SENATE FILE 464
                                  BY COMMITTEE ON NATURAL
                                      RESOURCES AND ENVIRONMENT
                                  (SUCCESSOR TO SF 427)
                            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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    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. There shall be a January antlerless
 deer only hunting season in a county whenever that county
 has unsold antlerless deer licenses available in its county
 quota as set by the commission by rule. The commission shall
 establish the season dates. Licenses shall be available for
 sale beginning the day after the close of the late muzzleloader
 season until either the county quota allotment has been sold or
 until the end of the season, whichever occurs first. A January
 antlerless deer only license issued under this subsection is
 valid only in the county identified on the license. 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
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                                S.F. 464
 muzzle energy of five hundred foot pounds or higher is the
 approved method of take for this season.
    Sec. 4. DEER POPULATION STUDY. The department of natural
 resources shall conduct a study to determine the estimated
 deer population in each county in this state, which shall be
 supported by historical records dating back to 1970. The
 department shall review and provide scientific data relating
 to the environmental impact of 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 October 1, 2023.
    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.
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    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.
    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”.
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    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
 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 establishes a January antlerless
 deer hunting season in a county whenever that county has unsold
 antlerless deer hunting licenses available in its county quota
 set by the natural resource commission. The commission shall
 establish the season dates. The bill sets the time when a
 person may purchase a license for the January season and states
 that the license is valid only in the county identified on the
 license. The bill makes 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 approved method of take for the January antlerless
 deer hunting season.
    The bill requires DNR to conduct a 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 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
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DNR to submit a report to the general assembly by October 1,
2023.
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Statutes affected: 
Introduced: 481A.130, 481C.2A, 483A.8