Complete Bill History



House File 103       


                                          HOUSE FILE       
                                          BY  ROBERTS


       Passed House,  Date               Passed Senate, Date             
       Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                    Approved                            

                                         A BILL FOR

     1 An Act relating to certain commercial dock permits and providing
     2    an effective date.
     3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
     4 TLSB 1146YH 81
     5 av/gg/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  462A.27A  COMMERCIAL DOCK PERMITS
  1  2 == PUBLIC HEARING.
  1  3    1.  A person shall not begin construction of a commercial
  1  4 dock or construction of a material modification of an existing
  1  5 commercial dock until the person has been granted a permit by
  1  6 the department.
  1  7    2.  The department shall provide an opportunity for public
  1  8 comment concerning whether a permit for the construction or
  1  9 material modification of a commercial dock should be granted,
  1 10 as follows:
  1 11    a.  The department shall publish a notice that it has
  1 12 received an application for a permit in a newspaper having a
  1 13 general circulation in the county where the commercial dock
  1 14 will be or is located.  The notice shall include all of the
  1 15 following:
  1 16    (1)  The name of the person applying to receive the permit.
  1 17    (2)  The name of the township where the commercial dock is
  1 18 to be constructed or modified.
  1 19    (3)  The proposed specifications and configuration of the
  1 20 commercial dock to be constructed or modified, as required by
  1 21 the department, by rule.
  1 22    (4)  The time and place where the application may be
  1 23 examined as provided in section 22.2.
  1 24    (5)  Procedures for providing public comments to the
  1 25 department, as provided by the department, by rule.
  1 26    b.  The department may hold a public hearing to receive
  1 27 public comments regarding the application for the permit.
  1 28    c.  The department shall not make a determination regarding
  1 29 the approval or denial of a permit for construction or
  1 30 modification of a commercial dock until thirty days following
  1 31 publication of the notice.
  1 32    3.  Any person adversely affected by the issuance of such a
  1 33 permit may file a demand for a hearing before the department
  1 34 to reconsider the issuance of the permit.  A demand for a
  1 35 hearing may be made at any time after the issuance of a
  2  1 permit.  Demands for hearings to reconsider shall show cause
  2  2 and shall be made in accordance with procedures established by
  2  3 the department by rule.  A showing of cause shall include a
  2  4 showing of at least one of the following:
  2  5    a.  The dock is not safe.
  2  6    b.  The dock is in violation of the terms or conditions of
  2  7 the permit.
  2  8    c.  Private rights have been adversely affected by the
  2  9 issuance of the permit.
  2 10    d.  Continuation of the permit is not in the public
  2 11 interest.
  2 12    4.  For the purposes of this section, "commercial dock"
  2 13 means any dock on or over the inland waters of this state
  2 14 under the jurisdiction of the commission in which the use or
  2 15 operation of the dock involves a fee, directly or indirectly.
  2 16    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  2 17 immediate importance, takes effect upon enactment.
  2 18                           EXPLANATION
  2 19    This bill creates a new Code section 462A.27A relating to
  2 20 commercial dock permits issued by the department of natural
  2 21 resources.  For the purposes of the bill, a "commercial dock"
  2 22 means any dock on or over the inland waters of this state
  2 23 under the jurisdiction of the natural resource commission in
  2 24 which the use or operation of the dock involves a fee,
  2 25 directly or indirectly.
  2 26    The bill provides that a person shall not begin
  2 27 construction of a commercial dock or construction of a
  2 28 material modification of an existing commercial dock until the
  2 29 person has been granted a permit by the department.  The bill
  2 30 requires the department to provide an opportunity for public
  2 31 comment concerning whether the permit should be granted, by
  2 32 publishing a specified notice that it has received such an
  2 33 application in a newspaper having general circulation in the
  2 34 county where the commercial dock will be or is located.  The
  2 35 department may also hold a public hearing to receive comments
  3  1 regarding the application.  The department is prohibited from
  3  2 making a determination regarding the approval or denial of a
  3  3 permit for construction or modification of a commercial dock
  3  4 until 30 days following publication of the notice.
  3  5    The bill further provides that any person who is adversely
  3  6 affected by the issuance of a commercial dock permit may file
  3  7 a demand for a hearing before the department to reconsider the
  3  8 issuance of the permit.  A demand for a hearing to reconsider
  3  9 can be made at any time after the issuance of a permit.  A
  3 10 demand for hearing to reconsider must show cause and be made
  3 11 in accordance with procedures established by the department by
  3 12 rule.  A showing of cause must include a showing of at least
  3 13 one of the following:  the dock is not safe, the dock is in
  3 14 violation of the terms or conditions of the permit, private
  3 15 rights have been adversely affected by the issuance of the
  3 16 permit, or continuation of the permit is not in the public
  3 17 interest.
  3 18    The bill takes effect upon enactment.
  3 19 LSB 1146YH 81
  3 20 av:nh/gg/14