Natural Resources Committee Report – Week 15, 2019

FLOOR ACTION:

SF 86 – Anatomical donor info for DNR licenses and education

SF 409– Administrative procedures by DNR

SF 548 – Prohibits revolving loan funds to acquire land

HF 604 – DNR contracts with out-of-state companies removing rough fish

 

FLOOR ACTION:

SF 86 – Anatomical donor info for DNR licenses and education

SF 86 would establish hunting, fishing and trapping licenses issued by the Department of Natural Resources (DNR) as accepted records for a person to record his or her registration as an organ donor under the anatomical gift law. The bill makes a number of conforming changes to the anatomical gift law to add these documents as accepted methods for a person to declare his or her anatomical gift, including:

  • Allowing a minor who is at least 14 years of age to register his or her anatomical gift on a hunting, fishing or fur harvester licenses, with the signed approval of a parent or guardian;
  • Authorizing the placement of a symbol on the license indicating the anatomical gift;
  • Providing that the revocation of the hunting, fishing or fur harvester license does not invalidate the gift on the Iowa donor registry;
  • Including the DNR as a resource for hospitals and organ procurement agencies to determine if an individual has made an anatomical gift.

The bill also requires DNR to include a section on applications for hunting, fishing or fur harvester licenses allowing the applicant to request the placement of a symbol indicating that the applicant is a donor under the anatomical gift law. The DNR will also include information relating to becoming an organ donor under the anatomical gift law as part of the department’s curriculum for the hunter education and safety certificate program.

The legislation will be known as “Logan’s Law” in memory of Logan Luft. Logan died as a result of an all-terrain vehicle accident, but his family was able to donate his organs and tissue. Logan was made aware of the organ donation option when he applied for a motor vehicle operator’s permit. His family has pursued this expansion of anatomical gift donor information and education to memorialize his life and broaden the reach of current organ and tissue donation programs.
[4/24: 50-0]

 

SF 409– Administrative procedures by DNR

SF 409 is a Department of Natural Resources (DNR) proposal that makes a number of changes to administrative procedures. Changes include:

  • Standardizing administrative appeal procedures. Existing laws provide 30 days to appeal or do not establish a timeframe. Additionally, the start of an appeal period is variously defined or not defined. The proposed revisions establish a consistent period of 60 days from when DNR mails the order.
  • Clarifying that a rural water utility can construct extensions of sewer or water supply systems under existing permitting authority in certain circumstances.
  • Allowing for waiver of certain requirements for written permits. Under the bill, the Environmental Protection Commission (EPC) may allow exemptions for a class of disposal systems or the DNR director may allow exemptions for individual systems.
  • Exempting DNR from having to publish notices for public water supply permits in a local newspaper, though public notice is still required.
  • Directing DNR to send information on an administrative order to the attorney representing the party in the matter.

The Senate concurred with a House amendment to strike a portion of the bill that removed requirements for publishing notice of intent to conduct activities that are authorized under general permits issued by DNR.
[4/23: 50-0]

 

SF 548 – Prohibits revolving loan funds to acquire land

SF 548 prohibits the use of non-point source water pollution control projects that receive funding through the state’s revolving loan fund to be used to acquire property for future donation or sale to the state, a political subdivision or the federal government. It also prohibits the state or political subdivisions from acquiring land that was purchased using assistance from the state’s revolving loan fund. Non-point source water quality projects can include:

  • Restoration of wildlife habitat
  • Stream bank stabilization
  • Wetland flood prevention areas
  • Detention basins
  • Grassed waterways
  • Ponds or wetland systems
  • Soil quality restoration
  • Other practices that are shown to improve or protect water quality

The second portion placing restrictions on projects that use state revolving loan fund assistance is meant to address concerns that these types of purchases make it more expensive or more difficult for famers to acquire farmland. Farmers wishing to buy the land get loans through a financial institution at rates higher than those offered under the state’s revolving loan fund.

The belief is that private entities use government-subsidized loans to purchase the land. Farm interests say this raises their costs of operation. However, the private entities that use the revolving loan fund generally work with willing landowners to acquire the property and put restrictions in place on the future development of the land.

This bill does not include the much more wide-ranging prohibitions on the acquisition of land by the state or its political subdivisions that was included in HF 542, which did not advance out of subcommittee in the House.

The Senate concurred with a House amendment to the bill that exempted land purchases to accommodate edge of field practices.
[4/23: 33-17 (Yes: Republicans, Kinney)]

 

HF 604 – DNR contracts with out-of-state companies removing rough fish

HF 604 would restrict DNR from awarding contracts to commercial operators for the removal of rough, undesirable or injurious fish from inland waterways. The bill prohibits DNR from awarding contracts to entities from states that do not allow Iowa companies to apply for these types of contracts. This bill is meant to address a situation that has arisen when other states eliminate contracts for the harvesting of rough fish. Companies from those states come to Iowa and underbid Iowa companies on contracts. The bill would allow DNR to restrict commercial harvester licenses to entities from states that also allow the commercial harvesting of rough fish.

The Senate adopted an amendment on the floor to allow laborers hired by contractors or subcontractors to work without a license. This will allow companies applying for licenses and contracts to employ individuals from other states.
[4/24: 49-1 (No: R. Taylor)]