Senate File 248
SENATE FILE
BY FRAISE, McKIBBEN, PUTNEY,
COURTNEY, KIBBIE, GASKILL,
and KETTERING
(COMPANION TO LSB 2435HH
BY MERTZ)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act regulating farm deer, providing for penalties, and
2 providing an effective date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2435SS 80
5 da/cf/24
PAG LIN
1 1 Section 1. Section 10.1, subsection 14, Code 2003, is
1 2 amended to read as follows:
1 3 14. "Livestock" means an animal belonging to the bovine,
1 4 caprine, equine, ovine, or porcine species, ostriches, rheas,
1 5 emus, farm deer as defined in section 481A.1 170.1, or
1 6 poultry.
1 7 Sec. 2. Section 169A.1, subsection 1, Code 2003, is
1 8 amended to read as follows:
1 9 1. "Animal" means a creature belonging to the bovine,
1 10 caprine, equine, ovine, or porcine species; ostriches, rheas,
1 11 or emus; farm deer as defined in section 481A.1 170.1; or
1 12 poultry.
1 13 Sec. 3. Section 169C.1, subsection 3, Code 2003, is
1 14 amended to read as follows:
1 15 3. "Livestock" means an animal belonging to the bovine,
1 16 caprine, equine, ovine, or porcine species; ostriches, rheas,
1 17 or emus; farm deer as defined in section 481A.1 170.1; or
1 18 poultry.
1 19 Sec. 4. NEW SECTION. 170.1 DEFINITIONS.
1 20 As used in this chapter, unless the context otherwise
1 21 requires:
1 22 1. "Board" means the whitetail enclosure certification
1 23 board established pursuant to section 170.2.
1 24 2. "Department" means the department of agriculture and
1 25 land stewardship.
1 26 3. "Farm deer" means an animal belonging to the cervidae
1 27 family and classified as part of the dama species of the dama
1 28 genus, commonly referred to as fallow deer; part of the
1 29 elaphus species of the cervus genus, commonly referred to as
1 30 red deer or elk; part of the virginianus species of the
1 31 odocioleus genus, commonly referred to as whitetail; part of
1 32 the hemionus species of the odocioleus genus, commonly
1 33 referred to as mule deer; or part of the nippon species of the
1 34 cervus genus, commonly referred to as sika. However, a farm
1 35 deer does not include any unmarked free=ranging elk,
2 1 whitetail, or mule deer.
2 2 4. "Landowner" means a person who holds an interest in
2 3 land, including a titleholder or tenant.
2 4 Sec. 5. NEW SECTION. 170.2 WHITETAIL ENCLOSURE
2 5 CERTIFICATION BOARD.
2 6 1. A whitetail enclosure certification board is
2 7 established within the department. The board shall consist of
2 8 not more than seven members who shall be appointed by the
2 9 secretary of agriculture. All members must be actively
2 10 engaged in the production of farm deer and at least four
2 11 members must be actively engaged in the production of
2 12 whitetail as farm deer.
2 13 2. The members of the board shall serve staggered terms of
2 14 two years, except that the initial board members shall serve
2 15 terms of unequal length. A person appointed to fill a vacancy
2 16 for a member shall serve only for the unexpired portion of the
2 17 term. A member is eligible for reappointment for three
2 18 successive terms.
2 19 3. The board shall elect a chairperson and meet according
2 20 to rules adopted by the board. A majority of the board
2 21 constitutes a quorum and an affirmative vote of a majority of
2 22 members is necessary for substantive action taken by the
2 23 board. The majority shall not include any member who has a
2 24 conflict of interest and a statement by a member of a conflict
2 25 of interest shall be conclusive for this purpose. A vacancy
2 26 in the membership does not impair the right of a quorum to
2 27 exercise all rights and perform all duties of the board.
2 28 4. A member of the board is not entitled to receive
2 29 expenses incurred in the discharge of the member's duties on
2 30 the board. A member is also not entitled to receive
2 31 compensation as otherwise provided in section 7E.6.
2 32 Sec. 6. NEW SECTION. 170.3 JURISDICTION OF THE
2 33 DEPARTMENT OF NATURAL RESOURCES == COOPERATION WITH THE
2 34 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP.
2 35 1. Except as provided in this chapter, farm deer are
3 1 livestock as provided in this title and are not subject to
3 2 regulation by the department of natural resources. The
3 3 department of natural resources shall not require that the
3 4 landowner be issued a license or permit for keeping farm deer
3 5 or for the construction of a fence for keeping farm deer.
3 6 2. The department of agriculture and land stewardship and
3 7 the department of natural resources shall cooperate in
3 8 administering and enforcing this chapter.
3 9 Sec. 7. NEW SECTION. 170.4 REQUIREMENTS FOR KEEPING
3 10 WHITETAIL == BOARD CERTIFICATION.
3 11 A landowner shall not keep whitetail as farm deer, unless
3 12 the whitetail is kept on land which is enclosed by a fence.
3 13 The fence must be constructed and maintained as prescribed by
3 14 rules adopted by the department upon approval by the board. A
3 15 landowner shall not keep the whitetail unless the fence is
3 16 certified by the board in a manner and according to procedures
3 17 required by the board. The board may require that it inspect
3 18 the fence prior to certification.
3 19 Sec. 8. NEW SECTION. 170.5 REQUIREMENTS FOR RELEASING
3 20 WHITETAIL == PROPERTY INTERESTS.
3 21 A person shall not release whitetail kept as farm deer onto
3 22 land unless the landowner complies with all of the following:
3 23 1. The landowner must notify the department of natural
3 24 resources at least thirty days prior to first releasing the
3 25 whitetail on the land. The notice shall be provided in a
3 26 manner required by the department. The notice must at least
3 27 provide all of the following:
3 28 a. A statement verifying that the fence which encloses the
3 29 land is certified by the board pursuant to section 170.4.
3 30 b. The landowner's name.
3 31 c. The location of the land enclosed by the fence.
3 32 2. The landowner must provide access to land by the
3 33 department of natural resources for one or more days as
3 34 required by that department to remove any whitetail from the
3 35 enclosed land. Any whitetail that is removed from the
4 1 enclosed land shall be deemed to be state property. However,
4 2 after the thirtieth day following receipt of notice, the state
4 3 shall relinquish its property interest in any remaining
4 4 whitetail existing at that time on the enclosed land and any
4 5 progeny of the whitetail, which shall become property of the
4 6 landowner.
4 7 Sec. 9. NEW SECTION. 170.6 DISCIPLINARY PROCEEDINGS.
4 8 1. The board may suspend or revoke a certification issued
4 9 pursuant to section 170.4 if the board determines that a
4 10 landowner has done any of the following:
4 11 a. Provided false information to the board in an
4 12 application for certification pursuant to section 170.4.
4 13 b. Failed to provide notice or access to the department of
4 14 natural resources as required by section 170.5.
4 15 c. Failed to maintain a fence enclosing the land where a
4 16 whitetail is kept as required in section 170.4.
4 17 d. Forces or lures a whitetail that is property of the
4 18 state onto the enclosed land.
4 19 e. Restrains or inhibits a whitetail that is property of
4 20 the state from leaving the enclosed land.
4 21 f. Takes a whitetail that is property of the state which
4 22 is enclosed on the property in violation of a chapter in Title
4 23 XI, subtitle 6.
4 24 2. If the board suspends a landowner's certification, the
4 25 landowner shall not release additional whitetail onto the
4 26 enclosed land, unless otherwise provided in the board's order
4 27 for suspension. If the board revokes a landowner's
4 28 certification under this section, the board may provide for
4 29 any of the following:
4 30 a. The removal of all or a portion of the gates to the
4 31 fence enclosing the land. The landowner shall not restrain or
4 32 inhibit the movement of whitetail leaving the enclosed land
4 33 for a period provided in the board's order for revocation.
4 34 The removal of all or a portion of the gates shall be
4 35 supervised by the sheriff in the county in which the land is
5 1 located.
5 2 b. The removal of all or a percentage of whitetail from
5 3 the enclosed land by the department of natural resources, if
5 4 the department of natural resources consents to removing the
5 5 whitetail. However, the department of natural resources must
5 6 remove the whitetail within thirty days after receiving notice
5 7 by the board.
5 8 3. The disciplinary proceedings shall comply with rules
5 9 adopted by the department which shall to every extent
5 10 practicable comply with requirements for contested case
5 11 proceedings provided under chapter 17A. However, a decision
5 12 by the board shall be deemed final agency action as provided
5 13 in chapter 17A.
5 14 Sec. 10. NEW SECTION. 170.7 DEPARTMENT OF NATURAL
5 15 RESOURCES == INVESTIGATIONS.
5 16 This chapter does not prevent the department of natural
5 17 resources from conducting an investigation of a violation of
5 18 fish and game laws, including but not limited to a provision
5 19 of Title XI, subtitle 6. The department of natural resources
5 20 may obtain a warrant to search the enclosed land pursuant to
5 21 chapter 808.
5 22 Sec. 11. NEW SECTION. 170.8 PENALTIES.
5 23 A person is guilty of taking a whitetail in violation of
5 24 section 481A.48 if the whitetail is on the land enclosed by a
5 25 fence required to be certified as provided in section 170.4
5 26 and the person does any of the following:
5 27 1. Forces or lures a whitetail that is property of the
5 28 state onto the enclosed land.
5 29 2. Restrains or inhibits a whitetail that is property of
5 30 the state from leaving the enclosed land.
5 31 3. Takes a whitetail that is property of the state that is
5 32 within the enclosure in violation of a chapter in Title XI,
5 33 subtitle 6.
5 34 Sec. 12. Section 189A.2, subsection 6A, Code 2003, is
5 35 amended by striking the subsection and inserting in lieu
6 1 thereof the following:
6 2 6A. "Farm deer" means the same as defined in section
6 3 170.1.
6 4 Sec. 13. Section 190C.1, subsection 12, Code 2003, is
6 5 amended to read as follows:
6 6 12. "Livestock" means an animal belonging to the bovine,
6 7 caprine, equine, ovine, or porcine species; ostriches, rheas,
6 8 or emus; farm deer as defined in section 481A.1 170.1; or
6 9 poultry.
6 10 Sec. 14. Section 481A.1, Code 2003, is amended by adding
6 11 the following new subsection:
6 12 NEW SUBSECTION. 16A. "Farm deer" means the same as
6 13 defined in section 170.1.
6 14 Sec. 15. Section 481A.1, subsection 20, paragraph h, Code
6 15 2001, is amended to read as follows:
6 16 h. The Cervidae: such as elk or deer, other than farm
6 17 deer. As used in this paragraph, "farm deer" means an animal
6 18 belonging to the cervidae family and classified as part of the
6 19 dama species of the dama genus, commonly referred to as fallow
6 20 deer; part of the elaphus species of the cervus genus,
6 21 commonly referred to as red deer or elk; or part of the nippon
6 22 species of the cervus genus, commonly referred to as sika.
6 23 However, a farm deer does not include any unmarked free=
6 24 ranging elk.
6 25 Sec. 16. Section 481A.1, Code 2003, is amended by adding
6 26 the following new subsection:
6 27 NEW SUBSECTION. 33A. "Whitetail" means an animal
6 28 belonging to the cervidae family and classified as part of the
6 29 virginianus species of the odocioleus genus, commonly referred
6 30 to as whitetail.
6 31 Sec. 17. Section 481A.124, subsection 2, Code 2003, is
6 32 amended to read as follows:
6 33 2. This section only applies to deer of the species
6 34 whitetail only, other than farm deer, that is kept as provided
6 35 in chapter 170.
7 1 Sec. 18. Section 481A.130, Code 2003, is amended by adding
7 2 the following new subsection:
7 3 NEW SUBSECTION. 3. This section does not apply to a
7 4 person who fails to exclude an ungulate that is property of
7 5 the state from becoming part of a hunting preserve licensed
7 6 under chapter 484B if the person acts in compliance with
7 7 section 484B.5.
7 8 Sec. 19. Section 484B.3, Code 2003, is amended by adding
7 9 the following new unnumbered paragraph:
7 10 NEW UNNUMBERED PARAGRAPH. The chapter does not apply to
7 11 keeping farm deer as defined in section 170.1.
7 12 Sec. 20. Section 717.1, subsection 2, Code 2003, is
7 13 amended to read as follows:
7 14 2. "Livestock" means an animal belonging to the bovine,
7 15 caprine, equine, ovine, or porcine species, ostriches, rheas,
7 16 emus; farm deer, as defined in section 481A.1 170.1; or
7 17 poultry.
7 18 Sec. 21. HUNTING PRESERVES AND GAME BREEDERS == AUTOMATIC
7 19 CERTIFICATION. Any farm deer kept on land which is owned by a
7 20 person licensed pursuant to section 484B.5 or 481A.61 and
7 21 which is enclosed with a fence on the effective date of this
7 22 Act shall be deemed to comply with construction requirements
7 23 of section 170.4 and shall be automatically certified by the
7 24 board without submitting an application. The landowner is not
7 25 required to notify the department of natural resources
7 26 concerning removal of whitetail as otherwise required pursuant
7 27 to section 170.5.
7 28 Sec. 22. EFFECTIVE DATE. This Act, being deemed of
7 29 immediate importance, takes effect upon enactment.
7 30 EXPLANATION
7 31 This bill relates to farm deer, which is an animal
7 32 generally classified as belonging to the cervidae family that
7 33 is more narrowly referred to in common use as fallow deer, red
7 34 deer, elk, or sika. A farm deer does not include any unmarked
7 35 free=ranging elk. These types of cervidae are considered
8 1 livestock under a number of provisions throughout the Code,
8 2 including branding regulations under Code chapter 169A,
8 3 trespassing livestock under Code chapter 169C, meat and
8 4 poultry inspection under Code chapter 189A, organic
8 5 agricultural production under Code chapter 190C, exemptions
8 6 from sales tax for inputs under Code section 422.45, and
8 7 livestock neglect and abuse under Code chapter 717.
8 8 Farm deer are generally excluded from provisions referring
8 9 to game in chapters administered by the department of natural
8 10 resources providing for wildlife conservation and hunting
8 11 regulations (see Code section 481A.1).
8 12 The bill adds whitetail and mule deer to the definition of
8 13 farm deer, but excludes such deer that are free=ranging.
8 14 The bill amends a number of provisions referring to the
8 15 definition of "farm deer" that currently exist in the Code in
8 16 order to provide for uniformity.
8 17 The bill establishes a new Code chapter 170 under the
8 18 jurisdiction of the department of agriculture and land
8 19 stewardship (department). The bill establishes a whitetail
8 20 enclosure certification board (board) within the department.
8 21 The board consists of members actively engaged in the
8 22 production of farm deer. The bill prohibits a landowner from
8 23 keeping whitetail as farm deer, unless the whitetail is kept
8 24 on land which is enclosed by a fence as prescribed by rules
8 25 adopted by the department upon approval by the board. In
8 26 addition, the fence must be certified by the board. According
8 27 to the bill, after the fence is constructed and certified, the
8 28 department of natural resources has 30 days to remove any
8 29 whitetail from the enclosed land. However, after the
8 30 thirtieth day, any remaining whitetail and its progeny become
8 31 property of the landowner.
8 32 The bill provides that a person keeping farm deer who is
8 33 licensed to maintain a hunting preserve or as a game breeder
8 34 by the department of natural resources on the effective date
8 35 of the bill is automatically certified. The bill provides
9 1 that the board may suspend or revoke a certification for
9 2 fraud, failure to provide access to the department of natural
9 3 resources, failure to maintain a proper fence, luring
9 4 whitetail that are property of the state into the enclosure,
9 5 or restraining them from leaving.
9 6 The bill provides that the department of natural resources
9 7 may conduct an investigation of a violation of fish and game
9 8 laws and may obtain a warrant to search the enclosed land.
9 9 If a person lures whitetail which are property of the state
9 10 into the enclosure or keeps them in the enclosure, the person
9 11 is guilty of taking a deer out of season as prohibited in Code
9 12 section 481A.48 as enforced by the department of natural
9 13 resources. According to Code section 481A.130, a person who
9 14 takes a deer in violation of Code section 481A.48 is subject
9 15 to a civil penalty of $1,500. However, for taking an antlered
9 16 deer during September, October, November, or December before
9 17 the regular gun season, the civil penalty is $2,000 and 80
9 18 hours of community service or, in lieu of the community
9 19 service, a total of $4,000. The person is also subject to a
9 20 scheduled violation under Code section 805.8B, which is $100.
9 21 The bill takes effect upon enactment.
9 22 LSB 2435SS 80
9 23 da/cf/24.3