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This Bill Could Screw Many Residents!

K

ksbooner

New Member
A buddy of mine works in Des Moine in the State Capital and read this bill and is going to be asking some of the people in the house to get clarity on this.

I drive a truck for Werner Enterprises and am on the road 5 nights out of the week.

Am I still going to be considered a Resident because I didn't physically reside in the state 90 consecutive days before I apply for my liscenses?

Maybe I'm reading it wrong?
What is your take on this?






Bill HF 722
Section 35

7. "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.
 
As long as that is where your primary residence is there should be no problem. You have an Iowa driver's license? I think they would make an exception to people that have to travel for work, at least they better or there will be a lot of pissed off truck drivers.
 
Been a resident my whole life.

I leased a spot where the area game warden use to hunt and I could see him possibly using this against me.

He is not a big fan after I leased his honey hole! The farmer came to me and he was going to lease it one way or another.
 
Many people travel for work and might be out of the state for extended periods of time, this does not normally affect residency. Some things that are looked at for residency: Iowa driver's license, do you have a vehicle registered in Iowa, are you registered to vote in Iowa, do you own/rent a home in Iowa, do you get your mail at your primary Iowa residence, do you file Iowa income tax returns, etc. I doubt if just one of the above confers residency, most likely you would need a mix of them (depends on which ones) if push comes to shove. If you are a true resident of the state, you should fulfill many of the above.
 
Ksboon,
I think that'd be going a little overboard in the way of interpretation. I see what you mean though. One would hope it's more intended to stop a guy from buying a $500 mobile home...1960's vintage, holes in floor, red shag carpet and velvet Elvis canvas still hanging...then pound in a mailbox and call it home sweet home until the end of season before moving back to his real home in another state.
 
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Bill

Most of the language in that part of the bill is questionable. It falls under the category of a "Bill of Attainder", which is from old English law. In America it is common law/Constitutional and it prevents the federal or state government from persecuting a particular group of citizens (USConst Art I Sec 9,10, Art III Sec 3). IE. when Obama tried to tax the AIG guys 90% of their bonuses, he couldn't do it because that would be a bill of attainder. If you read the bill further you will notice that it has verbiage about your residency cannot be only for hunting, trapping, fishing etc. That wording seals the deal. It specifically points a finger at a particular group, sportsmen. You should have no problem.

Good idea or not, it is hard to trump the Constitution.
 
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Bone Collector

So your telling me that if I leave the state in Feb. for a vacation to the Bahama's I can still get my Turkey license in April !! How bout going to Northern MN to get away from the heat for a weak in Aug. I'll still be able to buy my deer license in Sept. !!! The way I read it 90 DAYS CONSECUTIVE IS 90 DAYS CONSECUTIVE !!! Read the BILL House File 722 Sections 34 and 35, YOU CANNOT PURCHASE A LICENSE IN THE STATE UNLESS YOU RESIDED HERE 90 CONSECUTIVE DAYS IMMEDIATELY PRIOR TO THE PURCHASE OF SAID LICENSE !!! A warden can order you to turn over your State and Federal Tax returns for proof of you address, proof of place of employment, mailing address, utility records, land ownership records, and vehicle registration. Do you really want to have to carry all this B.S. in your back pack !! If you don't have it IN YOUR BACK PACK it could take 1 - 5 days to gather it all up and in the meantime the warden has your license and you can't hunt. There goes that week of vacation starting Nov. 1st !!!! THIS BILL FOR WHATEVER IT WAS INTENDED IS NOT IN THE BEST INTEREST OF THE SPORTSMAN OF IOWA. The CELEBRITY HUNTERS of this state will find it very hard to stay within the residency requirements of this BILL !!! ALL residents will have a hard time following this law and still be able to buy a LEGAL LICENSE. There is nothing that says certain occupations will be exempt, truck drivers or anyone else that frequently travels for there job !!! I don't dissagree that the residency requirements need to modified but the verbiage in this BILL IS UNCONSTITUTIONAL FOR ALL RESIDENTS !!!! PLEASE TAKE THE TIME TO LOOK UP THESE BILLS AND READ THEM. This is not what we want as residents of this state !!!
 
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My interperation of its as "Has physically resided in this state as the person's principal and primary residence" Resided: To live in a place permanently or for an extended period.

Your legal residence needs to be in Iowa, 90days prior to purchasing your license. If your claim residencey in Iowa your fine, whether you live thier or not. This prevents a NR from claiming residency a day before season and buying a tag.
 
I wouldn't be worried about this at all. I have lived in Iowa my whole life. If I wanted to take a two week vacation to Spain then come home and buy a tag, I bet there is not one person that would question it:)
 
Shoot, there are folks that live in Missouri more than 300 days a year that still have an Iowa tag as a resident every year...
 
I'm not 100% sure what you are asking, but as long as you are an Iowa resident, you can work on the road 7 days a week, and still get a tag. JNRBRONC listed the things that consider you a resident.

If you have a Kansas drivers license, it is going to be really tough to prove that you are an Iowa resident. If you filed your income tax in Missouri, your going to have a really hard time to prove you are a resident.
 
Musky Hunter said:
Hey Bone Collector, where do you live? First post and it's against a law that looks to make it harder for NR hunters.
Click to expand...

I am from Chariton IA and I am against anything that gives the State or the Federal Government more power over what I can or cannot do !!! The legislation is maybe intended to make it harder for the NR to apply for residency but it also is Unconstitutional as far as I'm concerned. If the DNR wants to draft up some legislation to hamper NR that's fine but it's B.S. when it affects me and you as actual Residents. Do you not agree ?? The only reason I wrote that post was I thought is was in all Residents best interests to actually understand the consequences that Bill was presenting.
 
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