General Assembly: 82 (2007 Regular GA) - Chapter 28 - Natural resources regulation and related public offenses


Published: 2007-03-28

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108LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 27

Sec. 9. Section 915.86, Code 2007, is amended by adding the following new subsections: NEW SUBSECTION. 13. Reasonable dependent care expenses incurred by the victim, the

victim’s parent or caretaker, or the survivor of a homicide victim as described in subsection 10 for the care of dependentswhile attending criminal justice proceedings ormedical or coun- seling services, not to exceed one thousand dollars per person. NEW SUBSECTION. 14. Reasonable expenses incurred by a victim, the victim’s parent or

caretaker, or the survivor of a victim as described in subsection 10 to replace locks, windows, and other residential security items at the victim’s residence or at the residential scene of a crime, not to exceed five hundred dollars per residence. NEWSUBSECTION. 15. Reasonable expenses incurred by the victim, a secondary victim,

the parent or guardian of a victim, or the survivor of a homicide victim as described in subsec- tion 10 for transportation tomedical, counseling, funeral, or criminal justice proceedings, not to exceed one thousand dollars per person.

Sec. 10. Section 915.94, Code 2007, is amended to read as follows: 915.94 VICTIM COMPENSATION FUND. A victim compensation fund is established as a separate fund in the state treasury. Moneys

deposited in the fund shall be administered by the department and dedicated to and used for the purposes of section 915.41 and this subchapter. In addition, the departmentmay usemon- eys from the fund for the purpose of the department’s prosecutor-based victim service coordi- nation, including the duties defined in sections 910.3 and 910.6 and this chapter, and for the award of funds to programs that provide services and support to victims of domestic abuse or sexual assault as provided in chapter 236, and to victims of section 710A.2, and for the support of an automated victim notification system established in section 915.10A. The department may also use up to one hundred thousand dollars from the fund to provide training for victim service providers. Notwithstanding section 8.33, any balance in the fund on June 30 of any fiscal year shall not revert to the general fund of the state.

Sec. 11. RETROACTIVE APPLICABILITY DATE. The section of this Act amending sec- tion 422.7 applies retroactively to January 1, 2007, for tax years beginning on or after that date.

Approved March 28, 2007

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CH. 28CH. 28

CHAPTER 28

NATURAL RESOURCES REGULATION AND RELATED PUBLIC OFFENSES

S.F. 78

ANACT relating to various conservation and recreation activities under the purview of the de- partment of natural resources, modifying fees, making penalties applicable, and making an appropriation.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 455A.17, subsection 1, Code 2007, is amended to read as follows: 1. Biennially, during even-numbered years, the director shall schedule andmake the neces-

sary arrangements for an Iowa congress on resources enhancement and protection. The con- gress shall be held within the state capitol complex during the summer months.

109 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 28

Sec. 2. Section 462A.2, Code 2007, is amended by adding the following new subsections: NEW SUBSECTION. 8A. “Cut-off switch” means an operable factory-installed or dealer-

installed emergency cut-off engine stop switch that is installed on a personal watercraft. NEWSUBSECTION. 8B. “Cut-off switch lanyard”means the cordused toattach theperson

of the operator of a personal watercraft to the cut-off switch.

Sec. 3. Section 462A.5, subsection 1, unnumbered paragraphs 1 and 2, Code 2007, are amended to read as follows: The owner of each vessel required to be numbered by this state shall register it every three

years with the commission through the county recorder of the county in which the owner re- sides, or, if the owner is a nonresident, the owner shall register it in the county in which such vessel is principally used. The commission shall develop and maintain an electronic system for the registration of vessels pursuant to this chapter. The commission shall have supervisory responsibility over the registration of all vessels and shall provide each county recorder with registration establish forms and certificates and shall allocate identification numbers to each county procedures as necessary for the registration of all vessels. The owner of the vessel shall file an application for registration with the appropriate county

recorder on formsprovidedby the commission. The application shall be completed and signed by the owner of the vessel and shall be accompanied by the appropriate fee, and the writing fee specified in section 462A.53. Upon applying for registration, the owner shall display a bill of sale, receipt, or other satisfactoryproof of ownership asprovidedby the rules of the commis- sion to the county recorder. If the county recorder is not satisfied as to the ownership of the vessel or that there are noundisclosed security interests in the vessel, the county recordermay register the vessel but shall, as a condition of issuing a registration certificate, require the ap- plicant to follow the procedure provided in section 462A.5A. Upon receipt of the application in approved form accompanied by the required fees, the county recorder shall enter it upon the records of the recorder’s office and shall issue to the applicant a pocket-size registration certificate. The certificate shall be executed in triplicate, one copy tobedelivered to theowner, one copy to the commission, and one copy to be retained on file by the county recorder. The registration certificate shall bear the number awarded to the vessel, the passenger capacity of the vessel, and thenameand address of the owner. In the use of all vessels except nonpowered sailboats, nonpowered canoes, and commercial vessels, the registration certificate shall be carried either in the vessel or on the person of the operator of the vessel when in use. In the use of nonpowered sailboats, nonpowered canoes, or commercial vessels, the registration cer- tificatemay be kept on shore in accordancewith rules adopted by the commission. The opera- tor shall exhibit the certificate to a peace officer upon request or, when involved in a collision or accident an occurrence of any nature with another vessel or other personal property, to the owner or operator of the other vessel or personal property.

Sec. 4. Section 462A.5, subsection 3, unnumbered paragraph 2, Code 2007, is amended to read as follows: Every registration certificate and number issued becomes delinquent at midnight April 30

of the last calendar year of the registration period unless terminated or discontinued in accor- dance with this chapter. After January 1, 2007, an unregistered vessel and a renewal of regis- tration may be registered for the three-year registration period beginning May 1 of that year. When unregistered vessels are registered afterMay 1 of the second year of the three-year reg- istration period, such unregistered vessels may be registered for the remainder of the current registration period at sixty-six percent two-thirds of the appropriate registration fee. When unregistered vessels are registered after May 1 of the third year of the three-year registration period, such unregistered vessels may be registered for the remainder of the current registra- tion period at thirty-three percent one-third of the appropriate registration fee.

Sec. 5. Section 462A.7, Code 2007, is amended to read as follows: 462A.7 COLLISIONS, ACCIDENTS AND CASUALTIES OCCURRENCES INVOLVING

VESSELS. 1. The operator of a vessel involved in a collision, accident or other casualty an occurrence

110LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 28

that results in personal property damage or the injury or death of a person, shall, so far as pos- sible without serious danger to the operator’s own vessel, crew, or passengers, render to other persons affected by the collision, accident or casualty, occurrence such assistance as may be practicable and necessary to save them from or minimize any danger caused by the collision, accident or other casualty occurrence. The operator shall also give the operator’s name, ad- dress, and identification of the operator’s vessel in writing to any person injured and to the owner of any property damaged in the collision, accident or other casualty occurrence. 2. Whenever any vessel is involved in a collision, accident or casualty an occurrence that

results in personal property damage or the injury or death of a person, except one which re- sults only in property damagenot exceeding fivehundred two thousanddollars, a report there- of of the occurrence shall be filed with the commission. The report shall be filed by the opera- tor of the vessel and shall contain such information as the commission may, by rule, require. The report shall be submittedwithout delaywithin forty-eight hours of the occurrence in cases that result in death, or disappearance cases, or personal injuries requiring medical treatment by a licensed health care provider, and within five days of the occurrence in all other cases. 3. Every law enforcement officer who, in the regular course of duty, investigates an occur-

rence which is required to be reported by this section, shall, after completing such investiga- tion, forward a report of such occurrence to the commission. 4. a. All reports shall be in writing. A vessel operator’s report shall be without prejudice to

thepersonmaking the report and shall be for the confidential useof thedepartment. However, upon request the department shall disclose the identities of the persons on board the vessels involved in the occurrence and their addresses. Upon request of a person whomade and filed a vessel operator’s report, the department shall provide a copy of the vessel operator’s report to the requester. A written vessel operator’s report filed with the department shall not be ad- missible in or used in evidence in any civil or criminal action arising out of the facts on which the report is based. b. All written reports filed by law enforcement officers as required under subsection 3 are

confidential to the extent provided in section 22.7, subsection 5, and section 622.11. However, a completed law enforcement officer’s report shall bemade available by the department or the investigating law enforcement agency to any party to a boating accident, collision, or other casualty an occurrence involving a vessel, the party’s insurance company or its agent, or the party’s attorney on written request and payment of a fee. 5. Failure of the operator of any vessel involved in a collision, accident, or other casualty,

an occurrence to offer assistance and aid to other persons affected by such collision, accident, or casualty occurrence, as set forth in this chapter, or to otherwise comply with the require- ments of subsection 1, is punishable as follows: a. In the event of a collision, accident, or other casualty anoccurrence resultingonly in prop-

erty damage, the operator is guilty upon conviction of a simple misdemeanor. b. In the event of a collision, accident, or other casualty an occurrence resulting in an injury

to a person, the operator is guilty upon conviction of a serious misdemeanor. c. In the event of a collision, accident, or other casualty an occurrence resulting in a serious

injury to a person, the operator is guilty upon conviction of an aggravated misdemeanor. d. In the event of a collision, accident, or other casualty an occurrence resulting in the death

of a person, the operator is guilty upon conviction of a class “D” felony.

Sec. 6. Section 462A.9, Code 2007, is amended by adding the following new subsection: NEW SUBSECTION. 12A. An owner of a personal watercraft equipped with a cut-off

switch shallmaintain the cut-off switch and the accompanying cut-off switch lanyard in an op- erable, fully functional condition.

Sec. 7. Section 462A.12, Code 2007, is amended by adding the following new subsection: NEWSUBSECTION. 14. A person shall not operate a personal watercraft that is equipped

with a cut-off switch, at any time, without first attaching the accompanying cut-off switch lan- yard to the operator’s personwhile the engine is running and the personal watercraft is in use.

111 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 28

Sec. 8. Section 462A.14A, subsection 3, paragraph b, Code 2007, is amended to read as fol- lows: b. Themotorboat or sailboat has been involved in an accident or collision occurrence result-

ing in personal injury or death.

Sec. 9. Section 462A.23, subsection 2, paragraph c, Code 2007, is amended to read as fol- lows: c. Failure to stop and render aid as required by this chapter when a collision, accident or

other casualty an occurrence involving a vessel results in the death or personal injury of anoth- er.

Sec. 10. NEW SECTION. 462A.34B ELUDING OR ATTEMPTING TO ELUDE PURSU- ING LAW ENFORCEMENT VESSEL. 1. The operator of a vessel commits a serious misdemeanor if the operator willfully fails to

bring the vessel to a stop or otherwise eludes or attempts to elude an authorized marked law enforcement vessel operated by a uniformed peace officer or by a water patrol officer of the department of natural resources, after being given a visual and audible signal to stop. The sig- nals given by the officer shall be by displaying a blue light or flashing blue and red lights and by sounding a horn or siren. 2. The operator of a vessel commits an aggravated misdemeanor if the operator willfully

fails to bring the vessel to a stop or otherwise eludes or attempts to eludean authorizedmarked law enforcement vessel operated by a uniformed peace officer or by a water patrol officer of the department of natural resources, after being given a visual and audible signal to stop as provided in this section and in doing so exceeds a reasonable speed. 3. The operator of a vessel commits a class “D” felony if the operator willfully fails to bring

the vessel to a stop or otherwise eludes or attempts to elude an authorizedmarked lawenforce- ment vessel operated by a uniformed peace officer or by a water patrol officer of the depart- ment of natural resources, after being given a visual and audible signal to stop as provided in this section, and in doing so exceeds a reasonable speed, and if any of the following occurs: a. Theoperator is participating in apublic offense, as defined in section 702.13, that is a felo-

ny. b. The operator is in violation of section 462A.14 or 124.401. c. The offense results in bodily injury to a person other than the operator.

Sec. 11. Section 462A.43, Code 2007, is amended to read as follows: 462A.43 TRANSFER OF OWNERSHIP. Upon the transfer of ownership of any vessel, the owner, except as otherwise provided by

this chapter, shall complete the formon thebackof the registration certificate and shall deliver it to the purchaser or transferee at the time of delivering the vessel. All registrations must be valid for the current registration period prior to the transfer of any registration, including as- signment to adealer If a vessel has anexpired registration at the timeof transfer, the transferee shall pay all applicable fees for the current registration period, the appropriatewriting fee, and a penalty of five dollars, and a transfer of number shall be awarded in the samemanner as pro- vided for in an original registration. All penalties collected pursuant to this section shall be forwarded by the commission to the treasurer of state, who shall place the money in the state fishandgameprotection fund. Themoney socollected is appropriated to the commission sole- ly for the administration and enforcement of navigation laws and water safety.

Sec. 12. Section 462A.84, subsection 3, Code 2007, is amended by striking the subsection and inserting in lieu thereof the following: 3. When a security interest is discharged, the secured party shall note the cancellation of

the security interest on the face of the certificate of title and send the title by first class mail to the office of the county recorder where the title was issued, or the secured party shall send a notarized letter by first classmail to the county recorder where the title was issued notifying

112LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 28

the county recorder of the cancellation of the security interest. The county recorder shall note the release of the security interest in the county records as evidence of the release of the securi- ty interest.

Sec. 13. Section 481A.55, subsection 1, Code 2007, is amended to read as follows: 1. Except as otherwiseprovided, a person shall not buyor sell, dead or alive, a bird or animal

or anypart of onewhich is protectedby this chapter, but this sectiondoes not apply to fur-bear- ing animals, bones ofwild turkeys that were legally taken, and the skins, plumage, and antlers of legally taken game. This section does not prohibit the purchase of jackrabbits from sources outside this state. A person shall not purchase, sell, barter, or offer to purchase, sell, or barter for millinery or ornamental use the feathers of migratory game birds; and a person shall not purchase, sell, barter, or offer to purchase, sell, or barter mounted specimens of migratory game birds.

Sec. 14. Section 481A.123,Code 2007, is amendedbyadding the followingnewsubsection: NEWSUBSECTION. 5. This section does not apply to the discharge of a firearm on a farm

unit by the owner or tenant of the farm unit or by a family member of the owner or tenant of the farm unit. As used in this subsection, “family member”, “farm unit”, “owner”, and “tenant” mean the

same as defined in section 483A.24, subsection 2.

Sec. 15. Section 481A.130, subsection 1, paragraph g, Code 2007, is amended to read as follows: g. For each antlered deer, reimbursement shall be based on the point score of the antlered

deer as measured by the Boone and Crockett club’s net scoring system for whitetail deer as follows: (1) 150 points gross inches or less: Aminimumof two thousand dollars and notmore than

five thousand dollars, and eighty hours of community service or, in lieu of the community ser- vice, a minimum of four thousand dollars and not more than ten thousand dollars, in an amount that is deemed reasonable by the court. (2) More than 150 points gross inches: A minimum of five thousand dollars and not more

than ten thousand dollars, and eighty hours of community service or, in lieu of the community service, a minimum of ten thousand dollars and not more than twenty thousand dollars, in an amount that is deemed reasonable by the court.

Sec. 16. Section 481A.133, Code 2007, is amended to read as follows: 481A.133 SUSPENSION OF LICENSES, CERTIFICATES, AND PERMITS. A person who is assessed damages pursuant to section 481A.130 shall immediately surren-

der all licenses, certificates, and permits to hunt, fish, or trap in the state to the department. The licenses, permits, and certificates, and the privileges associated with them shall remain suspended until the assessed damages and any accrued interest are paid or a payment sched- ule is established by the court in full. Upon payment of the assessed damages and any accrued interest, the suspension shall be lifted. If a payment schedule is established, the suspension shall be lifted and remain so unless the person fails tomake a payment pursuant to that sched- ule. Failure to make a payment shall cause the suspension to be renewed Interest shall begin to accrue as of the date of judgment at a rate of ten percent per year.

Sec. 17. Section 481A.134, Code 2007, is amended to read as follows: 481A.134 AUTHORITY TO CANCEL, SUSPEND, OR REVOKE LICENSE — POINT SYS-

TEM. The department shall establish rules pursuant to chapter 17A providing for the suspension

or revocation of licenses issuedby the department. The rulesmay includeprocedures for sum- mary cancellation of a license based ondocumentation that the licensee failed to pay the appli- cable fee for the license. For purposes of determining when to suspend or revoke a license

113 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 28

issued by the department under this section, the department shall adopt a point system pursu- ant to chapter 17A for the purpose of weighing the seriousness of violations of the provisions of this chapter or chapter 481B, 482, 483A, 484A, or 484B, or of committing trespass as defined in section 716.7 while hunting deer, other than farm deer as defined in section 170.1 or pre- serve whitetail as defined in section 484C.1. The weighted scale may be amended from time to time as experience dictates.

Sec. 18. Section 481A.135, subsections 2, 3, and 4, Code 2007, are amended to read as fol- lows: 2. A person who pleads guilty or is convicted of a violation of any provision of this chapter

or chapter 481B, 482, 483A, 484A, or 484B, or trespass asdefined in section716.7while hunting deer, other than farmdeer asdefined in section 170.1orpreservewhitetail asdefined in section 484C.1, while the person’s license or licenses are suspended or revoked is guilty of a simple misdemeanor if the person has no other violations within the previous three years which oc- curred while the person’s license or licenses have been suspended or revoked. 3. A person who pleads guilty or is convicted of a violation of any provision of this chapter

or chapter 481B, 482, 483A, 484A, or 484B, or trespass asdefined in section716.7while hunting deer, other than farmdeer asdefined in section 170.1orpreservewhitetail asdefined in section 484C.1, while the person’s license or licenses are suspended or revoked is guilty of a serious misdemeanor if the person has one other violation within the previous three years which oc- curred while the person’s license or licenses have been suspended or revoked. 4. A person who pleads guilty or is convicted of a violation of any provision of this chapter

or chapter 481B, 482, 483A, 484A, or 484B, or trespass asdefined in section716.7while hunting deer, other than farmdeer asdefined in section 170.1orpreservewhitetail asdefined in section 484C.1, while the person’s license or licenses are suspended or revoked is guilty of an aggra- vated misdemeanor when the person has had two or more convictions within the previous three years which occurred while the person’s license or licenses have been suspended or re- voked.

Sec. 19. Section 483A.27, subsections 1 and 7, Code 2007, are amended to read as follows: 1. A person born after January 1, 1967 1972, shall not obtain a hunting license unless the

person has satisfactorily completed a hunter safety and ethics education course approved by the commission. Apersonwho is eleven years of ageormoremayenroll in an approvedhunter safety and ethics education course, but a person who is eleven years of age and who has suc- cessfully completed the course shall be issued a certificate of completionwhich 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 since 1960, by another state, or by a foreign nation, is valid for the requirements of 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 twoyears from thedateof conviction. Ahunting licenseobtained by a person whowas born after January 1, 1967 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.

Sec. 20. Section 716.7, subsection 2, paragraph a, Code 2007, is amended to read as fol- lows: a. Entering upon or in property without the express permission of the owner, lessee, or per-

son in lawful possession with the intent to commit a public offense, to use, remove therefrom, alter, damage, harass, or place thereon or therein anything animate or inanimate, or to hunt, fish or trap on or in the property, including the act of taking or attempting to take a deer, other than a farm deer as defined in section 170.1 or preserve whitetail as defined in section 484C.1, which is on or in the property by a person who is outside the property. This paragraph does not prohibit the unarmed pursuit of game or furbearing fur-bearing animals by a person who

114LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 28

lawfully injured or killed the game or fur-bearing animal which come comes to rest on or es- cape escapes to the property of another.

Sec. 21. Section 716.8, Code 2007, is amended by adding the following new subsection: NEW SUBSECTION. 5. A person who commits a trespass as defined in section 716.7, sub-

section 2, paragraph “a”, and takes a deer, other than a farm deer as defined in section 170.1 or preservewhitetail as defined in section 484C.1, shall also be subject to civil penalties as pro- vided in sections 481A.130 and 481A.131. A deer taken by a person while committing such a trespass shall be subject to seizure as provided in section 481A.12.

Sec. 22. Section 805.8B, subsection 1, paragraph b, Code 2007, is amended to read as fol- lows: b. For violations of registration, identification, and record provisions under sections 462A.4

and 462A.10, and for unused or improper or defective equipment under section 462A.9, sub- sections 2, 6, 7, 8, 12A, and 13, and section 462A.11, and for operation violations under sections 462A.26, 462A.31, and 462A.33, the scheduled fine is twenty dollars.

Approved March 28, 2007

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CH. 29CH. 29

CHAPTER 29

OVERDRAFT CHARGES AND DIRECT DEPOSIT OF WAGES

H.F. 367

AN ACT relating to wage payment collection of direct deposit wages as administered by the division of labor services of the department of workforce development.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 91A.3, subsection 3, paragraph c, unnumbered paragraph 2, Code 2007, is amended to read as follows: If the employer fails to send an employee’s wages for direct deposit on or by the regular

payday in accordance with this subsection, the employer is liable for the amount of any over- draft charge if the overdraft is created on the employee’s account because of the employer’s failure to send the wages on or by the regular payday. The overdraft chargesmay be the basis for a claim under section 91A.10 and for damages under section 91A.8.

Approved March 28, 2007