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HF 146 Guides & Outfitters

blake

Life Member
From Tommy Thompson
President IBA:

Here is another opportunity for your imput as IBA members. We will be discussing this at Feb 6th meeting. So respond before the 6th House File 146

HOUSE FILE
BY HANSON, THOMAS,
STECKMAN, ABDUL-SAMAD,
KRESSIG, WITTNEBEN,
HUNTER, KEARNS,
MASCHER, LENSING,
WINCKLER, GASKILL,
MUHLBAUER, and WENTHE
A BILL FOR
1 An Act relating to the registration of hunting outfitters or
2 hunting guides and providing a penalty.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 1601HH (9) 84
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PAG LIN

1 1 Section 1. NEW SECTION. 483A.29 Registration of hunting
1 2 outfitters or hunting guides ==== penalty.
1 3 1. A person shall not engage in or be employed for any
1 4 compensation in the business of a hunting outfitter or a
1 5 hunting guide in this state unless the person is registered as
1 6 a hunting outfitter or a hunting guide with the department.
1 7 The commission shall define, by rule, the activities that
1 8 constitute hunting outfitter activities or hunting guide
1 9 activities for the purposes of this section.
1 10 a. The rules shall require an applicant for registration
1 11 to identify all parcels of land or waters which are under the
1 12 lawful control of the applicant, and identify the location and
1 13 acreage of any land or waters to be hunted, and the equipment
1 14 and services to be provided by the outfitter or the guide.
1 15 b. An applicant shall not be registered as a hunting
1 16 outfitter or guide pursuant to this section if the person
1 17 is or has been subject to the cancellation, suspension, or
1 18 revocation of a license pursuant to section 481A.134 for a
1 19 violation of chapter 481A, 481B, 482, 483A, 484A, or 484B, or
1 20 for the commission of trespass as defined in section 716.7
1 21 while hunting deer, or has pled guilty or been convicted of a
1 22 violation of chapter 481A, 481B, 482, 483A, 484A, or 484B, or
1 23 of the violation of trespass as defined in section 716.7 while
1 24 hunting deer, in violation of section 481A.135.
1 25 2. A hunting outfitter or hunting guide registered pursuant
1 26 to this section shall verify with the department, as provided
1 27 by rule, that any person to whom hunting outfitter or guide
1 28 services are provided, is properly licensed to hunt in this
1 29 state for the species sought by that person.
1 30 3. The commission shall establish, by rule, a conduct board
1 31 consisting of hunting outfitters and hunting guides selected
1 32 by the department, to establish standards of ethical and
1 33 professional conduct concerning hunting outfitters and hunting
1 34 guides and to review complaints and make recommendations to
1 35 the department for the revocation of registrations of hunting
2 1 outfitters and hunting guides who are in violation of this
2 2 section or the rules adopted pursuant to this section.
2 3 4. The commission shall establish, by rule, the annual fee
2 4 for a hunting outfitter or hunting guide registration. In
2 5 determining an annual fee, the commission shall consider the
2 6 costs of providing for the registration and administering and
2 7 enforcing this section.
2 8 5. This section does not apply to the activities of a
2 9 hunting outfitter or hunting guide that are conducted on a
2 10 hunting preserve pursuant to chapter 484B or 484C.
2 11 6. A person who violates this section or the rules adopted
2 12 pursuant to this section is guilty of a serious misdemeanor.
2 13 EXPLANATION
2 14 This bill provides for the registration of persons engaged
2 15 in the business of a hunting outfitter or hunting guide.
2 16 The natural resource commission is directed to define what
2 17 activities constitute hunting outfitter activities or hunting
2 18 guide activities and register hunting outfitters or hunting
2 19 guides upon application and payment of an annual fee determined
2 20 by rule of the commission. An applicant shall identify all
2 21 parcels of land or waters which are under the lawful control
2 22 of the applicant, and identify the location and acreage of any
2 23 land or waters to be hunted, and the equipment and services to
2 24 be provided by the outfitter or the hunting guide.
2 25 An applicant shall not be registered as a hunting outfitter
2 26 or guide if the person is or has been subject to cancellation,
2 27 suspension, or revocation of a license issued by the department
2 28 of natural resources or has pled guilty or been convicted of
2 29 such license violations or the commission of trespass while
2 30 hunting deer.
2 31 A registered hunting outfitter or guide is required to
2 32 verify with the department of natural resources, as provided
2 33 by rule, that any person to whom hunting outfitter or guide
2 34 services are provided is properly licensed to hunt in this
2 35 state for the species sought by that person.
3 1 The bill also requires the commission to establish, by rule,
3 2 a conduct board consisting of hunting outfitters and hunting
3 3 guides to establish standards of ethics and conduct, to review
3 4 complaints, and to make recommendations concerning revocations
3 5 of registrations of hunting outfitters and hunting guides.
3 6 The bill does not apply to activities that are conducted on a
3 7 hunting preserve.
3 8 A violator is guilty of a serious misdemeanor. A serious
3 9 misdemeanor is punishable by confinement for no more than one
3 10 year and a fine of at least $315 but not more than $1,875.
LSB 1601HH (9) 84
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From Tommy Thompson
President IBA:

Here is another opportunity for your imput as IBA members. We will be discussing this at Feb 6th meeting. So respond before the 6th House File 146

Ron - The IBA board usually does a very good job of sharing these proposed legislation changes but also usually has a very good recommendation to the membership as to what they like or don't like about the proposed change. What does the IBA say about this? What parts are good? What parts do we not like? Maybe it is just my opinion, but unless the IBA is able to get a good number of membership to respond that favors or is against, I think they should stay neutral.

What is the reasoning for the proposed change? For the most part, I think it looks OK but what do we have today and what is the reason for this proposed change?

So, Paul's tresspasser (Gene) cannot get an outfitter/guide license because he was convicted of trespassing while hunting deer? Is that a lifetime revocation? I like that deterrent if that is the case.

In regards to the trespass rule, I would remove the "while deer hunting" portion of the wording. That wording is a loophole in my opinion. Trespass is trespass and the wording allows the outfitter to trespass "with intent" and "get convicted" and keep his outfitter license because he "wasn't deer hunting".

I'm not sure if the "conduct board" has enough wording in it. Who approves the ethics and conduct rules that is established? The conduct board made up of outfitters and guides? The DNR?
 
John,

I have sent your thoughts and concerns to Tommy Thompson. When I hear back from him I will post his response in this thread.

I am sure we have some IBA board members and officers of the IBA on the iowawhitetail website. Perhaps they will be able to respond also?

Thanks,

Ron
 
Toomy Thompson on HF 146

I received this response from Tommy Thompson re: the above questions 150 Class asked.

“Ron,

Right now you know as much as I do about the bill. I have not yet spoken to any of the sponsors of the bill so do not know their intentions.

Questions from the membership helps the legislative committee know our members concerns. They surely have more questions than we can come up with.

We will keep the membership informed.

Thanks for your concerns.

Tommy”



 
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