Iowa Code § 483A.1A

Current through March 29, 2024

Section 483A.1A - Definitions

As used in this chapter unless the context otherwise requires:

1."Boundary waters" means the waters of the Mississippi, Missouri, and Big Sioux rivers.

2."Commission" means the natural resource commission created under section 455A.5.

3."Department" means the department of natural resources created under section 455A.2.

4."Director" means the director of the department.

5."License" means a privilege granted by the commission to fish, hunt, fur harvest, pursue, catch, kill, take in any manner, use, have possession of, sell, or transport all or part of a wild animal, bird, game, or fish, including any privilege related to a license granted by issuance of a stamp or a payment of a fee.

6."License agent" means an individual, business, or governmental agency authorized to sell a license.

7."License document" means an authorization, certificate, or permit issued by the department or a license agent that lists and confers one or more license privileges.

8."Nonresident" means a person who is not a resident as defined in subsection 10.

9."Principal and primary residence or domicile" means the one and only place where a person has a true, fixed, and permanent home, and to where, whenever the person is briefly and temporarily absent, the person intends to return. Relevant factors in determining a person's principal and primary residence or domicile include but are not limited to proof of place of employment, mailing address, utility records, land ownership records, vehicle registration, and address listed on the person's state and federal income tax returns. A person shall submit documentation to establish the person's principal and primary residence or domicile to the department or its designee upon request. The department or its designee shall keep confidential any document received pursuant to such a request if the document is required to be kept confidential by state or federal law.

10."Resident" means a natural person who meets any of the following criteria during each year in which the person claims status as a resident:

a. Has physically resided in this state as the person's principal and primary residence or domicile for a period of not less than ninety consecutive days immediately before applying for or purchasing a resident license, tag, or permit under this chapter and has been issued an Iowa driver's license or an Iowa nonoperator's identification card. A person is not considered a resident under this paragraph if the person is residing in the state only for a special or temporary purpose including but not limited to engaging in hunting, fishing, or trapping.

b. Is a full-time student at either of the following:

(1) An accredited educational institution located in this state and resides in this state while attending the educational institution.

(2) An accredited educational institution located outside of this state, if the person is under the age of twenty-five and has at least one parent or legal guardian who maintains a principal and primary residence or domicile in this state.

c. Is a student who qualifies as a resident pursuant to paragraph "b" only for the purpose of purchasing any resident license specified in rules adopted pursuant to section 483A.1.

d. Is a nonresident under eighteen years of age whose parent is a resident of this state.

e. Is a member of the armed forces of the United States who is serving on active duty and meets any of the following qualifications:

(1) Claims residency in this state and has filed a state individual income tax return as a resident pursuant to chapter 422, subchapter II, for the preceding tax year.

(2) Is stationed at a federal military installation in this state, or at a federal military installation contiguous to a county in this state, and is domiciled within this state.

(3) Is stationed at and resides or is domiciled within a federal military installation located contiguous to a county in this state.

f. Is the spouse of a person included in paragraph "e".

Iowa Code § 483A.1A

86 Acts, ch 1245, §1858 95 Acts, ch 76, §1; 2000 Acts, ch 1116, §3 -5; 2000 Acts, ch 1175, §1, 2; 2001 Acts, ch 134, §3; 2003 Acts, ch 37, § 1; 2009 Acts, ch 144, § 34, 35; 2011 Acts, ch 34, § 112; 2018 Acts, ch 1159, §15, 28; 2020 Acts, ch 1062, §94; 2020 Acts, ch 1073, §1, 2; 2021 Acts, ch 76, § 122

Amended by 2021 Iowa, ch 76, s 122, eff. 7/1/2021.

Amended by 2020 Iowa, ch 1073, s 2, eff. 7/1/2020.

Amended by 2020 Iowa, ch 1073, s 1, eff. 7/1/2020.

Amended by 2020 Iowa, ch 1062, s 94, eff. 7/1/2020.

Amended by 2018 Iowa, ch 1159, s 15, eff. 12/15/2018.

86 Acts, ch 1245, §1858C87, §110.1A C93, §483A.1A 95 Acts, ch 76, §1; 2000 Acts, ch 1116, §3 - 5; 2000 Acts, ch 1175, §1, 2; 2001 Acts, ch 134, §3; 2003 Acts, ch 37, §1; 2009 Acts, ch 144, §34, 35; 2011 Acts, ch 34, §112

Referred to in §321G.1, 321I.1, 482.2, 483A.2