HF 2131 Bad bill

[Fishbonker]

Copy and paste of the bill's header:

An Act requiring that certain civil penalties assessed for violations of statutes enforced by the department of natural resources be deposited in the general fund of the state.

Copy and paste of the explanation:

This bill requires that certain civil penalties assessed for violations of statutes enforced by the department of natural resources be deposited in the general fund of the state instead of in the state fish and game protection fund. The penalties relate to violations concerning expired registration of a boat; prohibited remote control or internet hunting; liquidated damages assessed for unlawfully taking, catching, killing, injuring, destroying, or possessing any fish, game, or fur-bearing animal; damages for water pollution causing injury to a wild animal; proceeds from the sale of property used to violate the state’s fish and game laws; and fines for failure to register when keeping preserve whitetail on a hunting preserve.

https://www.legis.iowa.gov/legislation/BillBook?ga=86&ba=hf2131

My explanation:

Currently fines and liquidated damages for poaching go into the Fish and Wildlife Trust Fund to be used by the DNR for the sportsmen and women of Iowa. This proposed piece of legislation would put it in the general fund to be used for anything with a line in the State's Budget.

When a poacher pays $25,000 for liquidated damages the money goes to the Trust Fund. When the poachers gun, bow, ATV, truck or what ever is seized and forfeited, the money goes to the Trust Fund. This bill, as stated above, puts the money into the General Fund to pay for anything in the budget.

The Trust Fund would take quite a hit if this bill is enacted. In 2014 TIP cases alone put $250,0000 in liquidated damages into the Trust Fund. I don't know how much is actually realized from fines and liquidated damages for non TIP cases but I'm guessing it is substantial.

Also of particular note is the clause about whitetail deer preserves. That line has my radar humming. I'll just leave it at that.

As always, read the bill and draw your own conclusions and I hope your conclusion is that this is a bad bad bad bill.

I'll be sending my Rep a note today about it.

 

[4 Buck]

Thanks for the heads up on this one! I will be contacting my rep also!

 

[mplane72]

A bad bill is right. In my opinion this bill is the worst of the year by far. I also think it warrants emails to your reps AND every one on the Natural Resources committee since Representative Klien, who introduced the bill, sits on that council.

I really don't understand the motivation for this bill and if anyone has any ideas I'd like to hear them.

 

[JNRBRONC]

I really don't understand the motivation for this bill and if anyone has any ideas I'd like to hear them.

I think it parallels a current movement to prevent law enforcement agencies from keeping funds/property seized from searches of vehicles. From what I understand, money seized from vehicles is extremely difficult to get back no matter whether the LEO can prove it was illegally gained or not. It sounds like you have to prove the money is legit, putting the onus on you instead of the cops. Some people view the money gained in such cases as incentive for LEO's to be a little too aggressive.

Maybe apples to oranges comparison though.

I'm not a fan of this bill.

 

[Tim Hull]

JNRBRONC is exactly right. This is a FED Push all across the nation to stop rogue agencies who have been using Forfeiture laws to benefit themselves or their agencies. Unfortunately, some agencies have ruined it for the rest of us.

 

[mplane72]

JNRBRONC is exactly right. This is a FED Push all across the nation to stop rogue agencies who have been using Forfeiture laws to benefit themselves or their agencies. Unfortunately, some agencies have ruined it for the rest of us.

I'm not buying it. The bill calls for more than just the result of auctioned goods to go to the general fund. The bill diverts far more than that to the general fund. Everything from late boat registration fines to restitution for fish and game violations. some of these are fines levied by a judge after due process. This is no law from the feds. It was introduced by Rep Klien and I'm still waiting to hear why.

I did hear back from one member all he told me was that the bill was in the beginning stages and we would have to see what happens to it as it is discussed.