| LAWS OF THE 2001 REGULAR SESSION OF THE SEVENTY-NINTH GENERAL ASSEMBLY OF THE STATE OF IOWA |
Section 1. Section 481A.38, subsection 2, Code 2001, is amended to read as follows:
2. If the commission finds that the number of hunters licensed or the type of license issued to take deer
or wild turkey should be limited or further
regulated, the commission shall conduct a drawing to determine
which applicants shall receive a license and the type of
license
adopt procedures, by rule, for issuing the
licenses. Applications for licenses shall be received during a period established by the commission. At the end of
the period a drawing shall be conducted. The commission may establish rules to issue licenses after the
established application period. If an applicant receives a deer license which is more restrictive than licenses issued to
others for the same period and place, the applicant shall receive a certificate with the license entitling the applicant
to priority in the drawing for the less restrictive deer licenses the following year. The certificate must
accompany that person's application the following year, or the applicant will not receive this priority. Persons
purchasing a deer license for the gun season under this section and under section 483A.1 are not eligible for a gun
deer hunting license under section 483A.24, except as authorized by rules of the
department.
This subsection does not apply to the hunting of wild turkey on a hunting preserve licensed under chapter 484B.
Sec. 2. Section 481A.38, subsection 3, Code 2001, is amended by striking the subsection.
Sec. 3. Section 483A.1A, Code 2001, is amended by adding the following new subsections:
NEW SUBSECTION. 3A. "License" means a privilege granted by the commission to fish, hunt, fur harvest, pursue, catch, kill, take in any manner, use, have possession of, sell, or transport all or part of a wild animal, bird, game, or fish, including any privilege related to a license granted by issuance of a stamp or a payment of a fee.
NEW SUBSECTION. 3B. "License agent" means an individual, business, or governmental agency authorized to sell a license.
NEW SUBSECTION. 3C. "License document" means an authorization, certificate, or permit issued by the department or a license agent that lists and confers one or more license privileges.
Sec. 4. Section 483A.7, subsection 2, Code 2001, is amended to read as follows:
2. The wild turkey hunting license shall be accompanied by a tag designed to be used only once
and separable into two parts. If a wild turkey is taken, the wild turkey shall be tagged with one part of the tag and
both parts of the tag should shall be dated.
Sec. 5. Section 483A.8, subsection 2, Code 2001, is amended to read as follows:
2. The deer hunting license shall be accompanied by a tag designed to be used only once
and separable into two parts. When a deer is taken, the deer shall be tagged with one part of the tag and both parts of the tag shall be dated.
Sec. 6. Section 483A.10, Code 2001, is amended to read as follows:
483A.10 ISSUANCE OF LICENSES.
The licenses issued pursuant to this chapter shall be issued by the department or
the license depositaries
agents as specified by rules of the commission. A county recorder
may issue licenses subject to the rules of the
department
commission. The rules shall include
the application procedures as necessary. The licenses shall show the
total cost of the license and
the
including a writing fee to be retained by the license agent and any
administrative fees to be forwarded to the department, if
applicable. A person authorized to issue a
license or collect a fee pursuant to this chapter or chapter 484A shall charge the fee specified in
this chapter or chapter 484A only plus a writing fee
and administrative fee, if applicable.
Sec. 7. Section 483A.11, Code 2001, is amended to read as follows:
483A.11 DEPOSITARIES
LICENSE
AGENTS.
The director may designate
depositaries
license
agents for the sale of licenses but in so doing the interest of the state shall be fully protected.
Sec. 8. Section 483A.12, Code 2001, is amended to read as follows:
483A.12 FEES.
The county recorder
license
agent shall be responsible for all fees for the issuance
of hunting, fishing, and fur harvester licenses sold
through the recorder's office
by the license agent. All unused license blanks shall be surrendered to the
county recorder
department upon the
recorder's
department's demand.
The county recorder shall retain a writing fee of fifty cents from the sale of each
license sold by the county recorder's office. The writing fees retained by the county recorder shall
be deposited in the general fund of the
county.
A license depositary designated by the
director
agent shall retain a writing fee of fifty cents from
the sale of each license sold by the
depositary
except that the writing fee for a free deer or wild turkey license as authorized
under section 483A.24, subsection 2, shall be one
dollar. A license depositary may charge
and retain a writing fee of one dollar for the issuance of a free deer hunting license or a free
wild turkey hunting license as authorized under section 483A.24, subsection
2.
If a county recorder is a license agent, the writing fees retained by the county recorder shall be
deposited in the general fund of the county.
Sec. 9. Section 483A.13, Code 2001, is amended to read as follows:
483A.13 LOST OR DESTROYED BLANKS.
When license blanks in the possession of
the county recorder or
depositaries
a license agent are accidentally destroyed, the holder of
such
the blanks shall only be relieved
from accountability upon the presentation of satisfactory explanation and the filing of a bond
to the director that such
the blanks have actually been so destroyed. The commission
may determine by rule what shall constitute a satisfactory explanation of
such
the occurrence.
Sec. 10. Section 483A.14, Code 2001, is amended to read as follows:
483A.14 DUPLICATE LICENSES AND PERMITS.
When any license, certificate, or
permit,
for which a fee has been set, has been
lost, destroyed, or stolen, the director, the county
recorder,
or the
a license depositary,
agent may issue a replacement license, if evidence is available to demonstrate issuance of the
original license and a fee of two dollars is paid, to be placed in the fish and game protection fund.
If, on examination of the evidence, the
director, the recorder,
or the license
depositary
agent, as the case may be, is satisfied that the license has been lost, destroyed, or stolen, the
director, the recorder,
or the license
depositary
agent shall issue a duplicate license which shall
be plainly marked "duplicate" and the duplicate shall serve in lieu of the original license and
it shall contain the same information and signature as the original. The license
depositary may
agent
shall charge and retain
a writing fee of one dollar
and the departmental administrative fee for each duplicate license issued pursuant to this section.
The license agent shall retain the writing fee.
Sec. 11. Section 483A.17, Code 2001, is amended to read as follows:
483A.17 TENURE OF LICENSE.
Every license, except lifetime hunting and fishing licenses, scientific collecting
licenses, and falconry licenses, are
as otherwise provided in this chapter, is valid from the date issued to January 10
of the succeeding calendar year for which it is issued. A license shall not be issued prior to December 15 for
the subsequent calendar year.
Sec. 12. Section 483A.19, Code 2001, is amended to read as follows:
483A.19 SHOWING LICENSE TO OFFICER.
Every person shall, while fishing, hunting, or fur harvesting, show the person's
license, certificate, or
permit,
document to any peace officer or the owner or person in lawful control of the land or
water upon which licensee may be hunting, fishing, or fur harvesting when requested by the persons to do so.
Any failure to so carry or refusal to show or so exhibit the person's
license, certificate, or permit
document shall be a violation of this chapter. However, except for possession and exhibition of deer licenses and tags or
wild turkey licenses and tags, a person charged with violating this section shall not be convicted if the
person produces in court, within a reasonable time, a
license, certificate, or permit
document for hunting, fishing, or fur harvesting issued to that person and valid when the person was charged with a violation of this section.
Sec. 13. Section 483A.21, unnumbered paragraphs 1 and 2, Code 2001, are amended to read as follows:
Upon the conviction of a licensee of any violation of chapter 481A, or of this chapter, or of any
administrative order adopted and published by the commission, the magistrate may, as a part of the judgment, revoke
the
one or more license
privileges of the licensee, or suspend
it
the privileges for any definite period.
The magistrate shall revoke the hunting license or suspend the privilege of procuring a hunting license for
a period of one year of any person who has been convicted twice within a year of trespassing while hunting.
If any of the hunting
license privileges of a hunting and fishing
combined
licensee who purchased more than
one license are
privilege
is revoked, the fishing
remaining
license privileges of the
license
licensee shall still be
valid and the magistrate shall enter on the license
that
document the
hunting privileges are
privilege that
is revoked. A person shall not purchase a license for a privilege that was revoked or suspended during the period
of revocation or suspension.
Sec. 14. Section 483A.22, Code 2001, is amended to read as follows:
483A.22 RECORD OF REVOCATION.
Whenever
When a license is revoked the
date, and
cause, and
tenure of such revocation shall be noted on the stub retained by the county recorder and upon the duplicate on file
in the office of the commission
kept on file with the license records of the
commission. The commission may refuse the issuance of a new license to any person whose license
has theretofore
been revoked.
Sec. 15. Section 483A.24, subsection 5, Code 2001, is amended to read as follows:
5. A resident or nonresident of the state under sixteen years of age
or a nonresident of the state under
fourteen years of age
is not required to have a license to fish in the waters of the state. However, residents
and nonresidents under sixteen years of age
and nonresidents under fourteen years of
age
must pay the trout fishing fee to possess trout or they must fish for trout with a licensed adult who has paid the trout fishing fee and
limit their combined catch to the daily limit established by the commission.
Approved May 16, 2001
Updated: 29-Oct-2001 01:41 PM
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