Text: SF02372 Text: SF02374 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 481A.133A HUNTER'S TRESPASS – 1 2 CIVIL PENALTY. 1 3 1. As used in this section: 1 4 a. "Hunter's trespass" means a person engaged in hunting a 1 5 wild animal who does either of the following: 1 6 (1) Enters upon a landowner's land without the express 1 7 consent of the landowner. 1 8 (2) Remains on a landowner's land after being notified to 1 9 vacate the land by the landowner. 1 10 b. "Landowner" means a person holding an interest in land 1 11 sufficient to authorize consent to a person to hunt on that 1 12 land. 1 13 2. This section does not apply to either of the following: 1 14 a. The pursuit of a wild animal legally injured or killed 1 15 on land other than the landowner's land, which comes to rest 1 16 on or escapes to the land. 1 17 b. The terms of a contract executed between a hunter and a 1 18 landowner. 1 19 3. A person committing hunter's trespass shall pay a civil 1 20 penalty according to the schedule provided in section 1 21 481A.130. The amount of the civil penalty shall be awarded to 1 22 the landowner whose land was subject to the hunter's trespass. 1 23 The attorney general or a county attorney in the county where 1 24 the violation occurs may bring an action to enforce this 1 25 section in the county's district court. 1 26 4. In an action for hunter's trespass in which there is an 1 27 issue of the landowner's consent to enter onto the landowner's 1 28 land, the defendant must show by a preponderance of the 1 29 evidence that the landowner gave consent to entry. Written 1 30 evidence that confirms the landowner's consent to entry shall 1 31 be conclusive for this purpose. 1 32 5. The department shall prescribe and publish consent 1 33 forms necessary to carry out this section. The forms shall be 1 34 made available to the public, including persons obtaining 1 35 hunting licenses from the department pursuant to chapter 483A. 2 1 EXPLANATION 2 2 This bill creates a civil offense referred to as hunter's 2 3 trespass, which occurs when a person enters upon land without 2 4 the express permission of the landowner in order to hunt a 2 5 wild animal, or remains upon the land after being notified to 2 6 vacate the land by the landowner. The offense does not 2 7 include the pursuit of a wild animal legally injured or 2 8 killed, or the terms of a contract executed between the 2 9 parties. The attorney general or a county attorney in the 2 10 county where the violation occurs may bring an action to 2 11 enforce the bill's provisions. A person committing hunter's 2 12 trespass must pay a civil penalty according to the schedule 2 13 provided in section 481A.130. The amount must be awarded to 2 14 the landowner. The bill provides that in an action for 2 15 hunter's trespass in which there is an issue of consent by the 2 16 landowner, the defendant must show by a preponderance of the 2 17 evidence that consent for entry was given by the landowner. 2 18 Written evidence that confirms the landowner's consent is 2 19 conclusive evidence. The bill requires the department of 2 20 natural resources to prescribe and publish consent forms 2 21 necessary to carry out the bill's provisions. 2 22 LSB 4400SV 76 2 23 da/jj/8
Text: SF02372 Text: SF02374 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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