Bill Text: IA HF2362 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the regulation of protected and endangered species in counties and cities, and making appropriations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-02-07 - Introduced, referred to Natural Resources. H.J. 213. [HF2362 Detail]
Download: Iowa-2023-HF2362-Introduced.html
House
File
2362
-
Introduced
HOUSE
FILE
2362
BY
ISENHART
A
BILL
FOR
An
Act
relating
to
the
regulation
of
protected
and
endangered
1
species
in
counties
and
cities,
and
making
appropriations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2362
Section
1.
Section
331.301,
Code
2024,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
23.
a.
A
county
may
adopt
ordinances
in
3
accordance
with
section
331.307
to
comply
with
the
obligations,
4
policies,
and
procedures
of
the
federal
Migratory
Bird
5
Treaty
Act,
the
federal
Endangered
Species
Act,
and
chapter
6
481B,
which
ordinances
shall
include
but
not
be
limited
to
7
prohibitions
against
incidental
take
of
migratory
birds.
8
b.
Moneys
collected
from
civil
penalties
assessed
under
9
an
ordinance
adopted
pursuant
to
this
subsection
shall
be
10
used
for
development
and
implementation
of
a
plan
supporting
11
the
protection
and
expansion
of
grassland,
woodland,
and
12
wetland
wildlife
habitat
in
the
county.
If
the
county
has
not
13
adopted
such
a
plan,
the
moneys
collected
shall
be
deposited
14
in
the
general
fund
of
the
state
and
are
appropriated
to
the
15
department
of
natural
resources
to
advance
goals
set
forth
in
16
the
Iowa
wildlife
action
plan
relating
to
migratory
birds
and
17
endangered
species.
18
c.
A
county
shall
submit
in
writing
any
reports
of
alleged
19
violations
of
an
ordinance
adopted
pursuant
to
this
subsection
20
to
the
United
States
fish
and
wildlife
service.
The
county
21
shall
defer
enforcement
of
a
violation
to
the
United
States
22
fish
and
wildlife
service
if
the
United
States
fish
and
23
wildlife
service,
within
ninety
days,
indicates
its
intent
to
24
enforce
the
violation.
25
Sec.
2.
Section
364.3,
Code
2024,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
18.
a.
A
city
may
adopt
ordinances
in
28
accordance
with
section
331.307
to
comply
with
the
obligations,
29
policies,
and
procedures
of
the
federal
Migratory
Bird
30
Treaty
Act,
the
federal
Endangered
Species
Act,
and
chapter
31
481B,
which
ordinances
shall
include
but
not
be
limited
to
32
prohibitions
against
incidental
take
of
migratory
birds.
33
b.
Moneys
collected
from
civil
penalties
assessed
under
an
34
ordinance
adopted
pursuant
to
this
subsection
shall
be
used
35
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5176HH
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3
H.F.
2362
for
development
and
implementation
of
a
plan
supporting
the
1
protection
and
expansion
of
grassland,
woodland,
and
wetland
2
wildlife
habitat
in
the
city.
If
the
city
has
not
adopted
such
3
a
plan,
the
moneys
collected
shall
be
deposited
in
the
general
4
fund
of
the
state
and
are
appropriated
to
the
department
of
5
natural
resources
to
advance
goals
set
forth
in
the
Iowa
6
wildlife
action
plan
relating
to
migratory
birds
and
endangered
7
species.
8
c.
A
city
shall
submit
in
writing
any
reports
of
alleged
9
violations
of
an
ordinance
adopted
pursuant
to
this
subsection
10
to
the
United
States
fish
and
wildlife
service.
The
city
shall
11
defer
enforcement
of
a
violation
to
the
United
States
fish
12
and
wildlife
service
if
the
United
States
fish
and
wildlife
13
service,
within
ninety
days,
indicates
its
intent
to
enforce
14
the
violation.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
county
and
city
enforcement
of
the
19
federal
Migratory
Bird
Treaty
Act,
the
federal
Endangered
20
Species
Act,
and
Code
chapter
481B.
The
bill
provides
that
21
counties
and
cities
may
adopt
ordinances
to
comply
with
the
22
obligations,
policies,
and
procedures
of
the
federal
Migratory
23
Bird
Treaty
Act,
the
federal
Endangered
Species
Act,
and
Code
24
chapter
481B
(endangered
plants
and
wildlife).
The
bill
25
directs
that
the
moneys
from
civil
penalties
due
to
a
violation
26
of
an
ordinance
adopted
pursuant
to
the
bill
be
utilized
by
27
the
county
or
city
to
protect
wildlife
habitat
in
the
county
28
or
city
or
deposited
in
the
general
fund
of
the
state
and
29
appropriated
to
the
department
of
natural
resources
to
advance
30
goals
set
forth
in
the
Iowa
wildlife
action
plan
relating
to
31
migratory
birds
and
endangered
species.
A
county
or
city
shall
32
defer
enforcement
of
a
violation
to
the
United
States
fish
and
33
wildlife
service
(USFWS)
if
USFWS,
within
90
days,
indicates
34
its
intent
to
pursue
enforcement
of
a
violation
reported
from
35
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3
