Senate File 392 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON NATURAL
                                  RESOURCES AND
                                  ENVIRONMENT

                              (SUCCESSOR TO SSB
                                  1206)
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                                   A BILL FOR
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                                        Senate File 392

                             AN ACT
 RELATING TO HUNTER EDUCATION LICENSE REQUIREMENTS, PROVIDING
    FOR A HUNTING LICENSE WITH AN APPRENTICE HUNTER DESIGNATION,
    AND INCLUDING PENALTY PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 483A.7, subsection 3, paragraph a, Code
 2015, is amended to read as follows:
    a.  A nonresident wild turkey hunter is required to purchase
 a nonresident hunting license that includes the wildlife
 habitat fee and a nonresident wild turkey hunting license. The
 commission shall annually limit to two thousand three hundred
 licenses the number of nonresidents allowed to have wild turkey
 hunting licenses. Of the two thousand three hundred licenses,
 one hundred fifty licenses shall be valid for hunting with
 muzzle loading shotguns only. The commission shall allocate
 the nonresident wild turkey hunting licenses issued among the
 zones based on the populations of wild turkey. A nonresident
 applying for a wild turkey hunting license must exhibit proof
 of having successfully completed a hunter safety and ethics
  education program as provided in section 483A.27 or its
 equivalent as determined by the department before the license
 is issued.
    Sec. 2.  Section 483A.8, subsection 3, paragraph d, Code
 2015, is amended to read as follows:
    d.  The commission shall allocate all nonresident deer
 hunting licenses issued among the zones based on the
 populations of deer. However, a nonresident applicant may
 request one or more hunting zones, in order of preference, in
 which the applicant wishes to hunt. If the request cannot
 be fulfilled, the applicable fees shall be returned to the
 applicant. A nonresident applying for a deer hunting license
 must exhibit proof of having successfully completed a hunter
 safety and ethics education program as provided in section
 483A.27 or its equivalent as determined by the department
 before the license is issued.
    Sec. 3.  Section 483A.24, subsection 3, paragraph a, Code
 2015, is amended to read as follows:
    a.  Fifty of the nonresident deer hunting licenses shall be
 allocated as requested by a majority of a committee consisting
 of the majority leader of the senate, speaker of the house
 of representatives, and director of the economic development
 authority, or their designees. The licenses provided pursuant
 to this subsection shall be in addition to the number of
 nonresident licenses authorized pursuant to section 483A.8.
 The purpose of the special nonresident licenses is to allow
 state officials and local development groups to promote the
 state and its natural resources to nonresident guests and
 dignitaries. Photographs, videotapes, or any other form
 of media resulting from the hunting visitation shall not
 be used for political campaign purposes. The nonresident
 licenses shall be issued without application upon purchase of a
 nonresident hunting license that includes the wildlife habitat
 fee and the purchase of a nonresident deer hunting license.
 The licenses are valid in all zones open to deer hunting. The
 hunter safety and ethics education certificate requirement
 pursuant to section 483A.27 is waived for a nonresident issued
 a license pursuant to this subsection.
    Sec. 4.  Section 483A.24, subsection 4, paragraph a, Code
 2015, is amended to read as follows:
    a.  Fifty of the nonresident wild turkey hunting licenses
 shall be allocated as requested by a majority of a committee
 consisting of the majority leader of the senate, speaker of
 the house of representatives, and director of the economic
 development authority, or their designees. The licenses
 provided pursuant to this subsection shall be in addition
 to the number of nonresident licenses authorized pursuant
 to section 483A.7. The purpose of the special nonresident
 licenses is to allow state officials and local development
 groups to promote the state and its natural resources to
 nonresident guests and dignitaries. Photographs, videotapes,
 or any other form of media resulting from the hunting
 visitation shall not be used for political campaign purposes.
 The nonresident licenses shall be issued without application
 upon purchase of a nonresident hunting license that includes
 the wildlife habitat fee and the purchase of a nonresident wild
 turkey hunting license. The licenses are valid in all zones
 open to wild turkey hunting. The hunter safety and ethics
  education certificate requirement pursuant to section 483A.27
 is waived for a nonresident issued a license pursuant to this
 subsection.
    Sec. 5.  Section 483A.24, subsection 5, paragraph e, Code
 2015, is amended to read as follows:
    e.  A disabled person who receives a special license under
 this subsection shall complete the hunter safety and ethics
  education course.
    Sec. 6.  Section 483A.24, subsection 12, paragraph d, Code
 2015, is amended to read as follows:
    d.  A nonresident who receives a special license pursuant to
 this subsection shall purchase a hunting license that includes
 the wildlife habitat fee and the applicable nonresident turkey
 or deer hunting license, but is not required to complete the
 hunter safety and ethics education course if the person is
 accompanied and aided by a person who is at least eighteen
 years of age. The accompanying person must be qualified to
 hunt and have a hunting license that includes the wildlife
 habitat fee. During the hunt, the accompanying adult must be
 within arm's reach of the nonresident licensee.
    Sec. 7.  Section 483A.27, Code 2015, is amended to read as
 follows:
    483A.27  Hunter safety and ethics education program == license
 requirement.
    1.  A person born after January 1, 1972, shall not obtain a
 hunting license unless the person has satisfactorily completed
 a hunter safety and ethics education course approved by the
 commission. A person who is eleven years of age or more
 may enroll in an approved hunter safety and ethics education
 course, but a person who is eleven years of age and who has
 successfully completed the course shall be issued a certificate
 of completion which becomes valid on the person's twelfth
 birthday. A certificate of completion from an approved hunter
 safety and ethics education course issued in this state, or a
 certificate issued by another state, country, or province for
 completion of a course that meets the standards adopted by the
 international hunter education association == United States of
 America, is valid for the requirements of this section.
    2.  a.  A certificate of completion shall not be issued
 to a person who has not satisfactorily completed a minimum
 of ten hours of training in an approved hunter safety and
 ethics education course. The department shall establish the
 curriculum based on the standards adopted by the international
 hunter education association == United States of America for
 the first ten hours of an the approved hunter safety and ethics
  education course offered in this state. Upon completion
 of the ten=hour curriculum course, each person shall pass
 an individual oral test or a written test provided by the
 department. The department shall establish the criteria for
 successfully passing the tests. Based on the results of
 the test and demonstrated safe handling of a firearm, the
 instructor shall determine the persons who shall be issued a
 certificate of completion.
    b.  Notwithstanding paragraph "a", a resident who is eighteen
 years of age or older may obtain a certificate of completion
 without demonstrating the safe handling of a firearm.
    3.  The department shall provide a manual regarding hunter
 safety and ethics education which shall be used by all
 instructors and persons receiving hunter safety and ethics
  education training in this state. The department may produce
 the manual in a print or electronic format accessible from
 a computer, including from a data storage device or the
 department's internet site.
    4.  The department shall provide for the certification of
 persons who wish to become hunter safety and ethics education
  instructors. A person shall not act as an instructor in
 hunter safety and ethics education as provided in this section
 without first obtaining an instructor's certificate from the
 department.
    5.  An officer of the department or a certified instructor
 may issue a certificate to a person who has not completed
 the hunter safety and ethics education course but meets the
 criteria established by the commission.
    6.  A public or private school accredited pursuant to section
 256.11 or an organization approved by the department may
 cooperate with the department in providing a course in hunter
 safety and ethics education or shooting sports activities as
 provided in this section.
    7.  A hunting license obtained under this section by a
 person who gave false information or presented a fraudulent
 certificate of completion shall be revoked and a new hunting
 license shall not be issued for at least two years from the
 date of conviction. A hunting license obtained by a person
 who was born after January 1, 1972, but has not satisfactorily
 completed the hunter safety and ethics education course or has
 not met the requirements established by the commission, shall
 be revoked.
    8.  The commission shall adopt rules in accordance with
 chapter 17A as necessary to carry out the administration of
 this section.
    9.  The initial hunter safety education certificate shall be
 issued without cost. A duplicate certificate shall be issued
 at a cost of three dollars upon payment of the writing fee and
 administrative fee, if applicable.
    10.  A person under eighteen years of age who is required
 to exhibit a valid hunting license, shall also exhibit a valid
 certificate of completion from a state approved hunter safety
 and ethics education course upon request of an officer of the
 department. A failure to carry or refusal to exhibit the
 certificate of completion as provided in this subsection is a
 violation of this chapter. A violator is guilty of a simple
 misdemeanor as provided in section 483A.42.
    11.  An instructor certified by the department shall be
 allowed to conduct a department=approved hunter safety and
 ethics education course or shooting sports activities course
 on public school property with the approval of a majority of
 the board of directors of the school district. Conducting
 an approved hunter safety and ethics education course or
 shooting sports activities course is not a violation of any
 public policy, rule, regulation, resolution, or ordinance which
 prohibits the possession, display, or use of a firearm, bow and
 arrow, or other hunting weapon on public school property or
 other public property in this state.
    Sec. 8.  NEW SECTION.  483A.27A  Apprentice hunters.
    1.  Notwithstanding section 483A.27, a person who is sixteen
 years of age or older may purchase a hunting license with an
 apprentice hunter designation on the license without first
 completing a hunter education course if the person meets all
 the requirements of this section.
    2.  If the apprentice hunter is a minor, the person must
 be accompanied and aided while hunting by a mentor who is the
 person's parent or guardian, or be accompanied and aided by any
 other competent adult mentor with the consent of the minor's
 parent or guardian.  If the apprentice hunter is not a minor,
 the apprentice hunter must be accompanied and aided while
 hunting by a competent adult mentor.
    3.  The mentor and the apprentice hunter must have valid
 hunting licenses that include the wildlife habitat fee and that
 are valid for the same seasons to hunt game.
    a.  A resident mentor and a resident apprentice hunter
 must also purchase deer hunting licenses and tags to hunt
 deer and wild turkey hunting licenses and tags to hunt wild
 turkey.  Deer hunting licenses and tags purchased by a resident
 mentor and a resident apprentice hunter must be valid for the
 same seasons and zones.  When hunting wild turkey a resident
 mentor having a license valid for one of the spring wild turkey
 hunting seasons may accompany and aid a resident apprentice
 hunter who has a valid wild turkey hunting license for any of
 the spring seasons as provided by rule.  When hunting wild
 turkey in the fall, a resident mentor and a resident apprentice
 hunter must each have a fall wild turkey hunting license
 valid for the current year.  A transportation tag issued to a
 resident apprentice hunter shall not be used to tag a deer or
 wild turkey taken by another person.
    b.  A nonresident apprentice hunter is not entitled to
 purchase a deer hunting license to hunt deer or a wild turkey
 hunting license to hunt wild turkey, or to participate in a
 hunt for deer or wild turkey.
    4.  While hunting, the apprentice hunter must be under the
 direct supervision of the mentor.  For the purposes of this
 subsection, "direct supervision" means the mentor must maintain
 constant direction and control of the apprentice hunter and
 stay within a distance from the apprentice hunter that enables
 the mentor to give uninterrupted, unaided visual and auditory
 communications to the apprentice hunter.  There must be one
 licensed mentor in direct supervision of each apprentice
 hunter.
    5.  A hunting license with an apprentice hunter designation
 issued pursuant to this section is valid from the date issued
 to January 10 of the succeeding calendar year for which
 it is issued.  A hunting license with an apprentice hunter
 designation shall contain the address, signature, and a general
 description of the licensee.
    6.  A person is eligible to obtain a hunting license with an
 apprentice hunter designation pursuant to this section only two
 times.  Subsequently, the person must meet the requirements of
 section 483A.27 in order to obtain a hunting license.
    7.  The commission shall adopt rules pursuant to chapter 17A
 to administer this section.
    Sec. 9.  Section 484B.10, subsection 3, Code 2015, is amended
 to read as follows:
    3.  A nonresident youth under sixteen years of age may hunt
 game birds on a licensed hunting preserve upon securing an
 annual hunting preserve license restricted to hunting preserves
 only for a license fee of five dollars and payment of the
 wildlife habitat fee. A nonresident youth is not required
 to complete the hunter safety and ethics education course to
 obtain a hunting preserve license pursuant to this subsection
 if the youth is accompanied by a person who is at least
 eighteen years of age, is qualified to hunt, and possesses a
 valid hunting license that includes the wildlife habitat fee.
 During the hunt, the accompanying adult must be within arm's
 reach of the nonresident youth.
    Sec. 10.  Section 805.8B, subsection 3, paragraph b, Code
 2015, is amended to read as follows:
    b.  For violations of sections 481A.54, 481A.69, 481A.71,
 481A.72, 482.6, 483A.3, 483A.6, 483A.19, and 483A.27, and
 483A.27A, the scheduled fine is twenty dollars.


                                                             
                               PAM JOCHUM
                               President of the Senate


                                                             
                               KRAIG PAULSEN
                               Speaker of the House
    I hereby certify that this bill originated in the Senate and
 is known as Senate File 392, Eighty=sixth General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2015


                                                             
                               TERRY E. BRANSTAD
                               Governor

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