Text: SF00154 Text: SF00156 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 483A.24, Code 1997, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 15. a. As used in this subsection:
1 4 (1) "Excessive damage" means a loss of six hundred dollars
1 5 or more to a horticultural crop as calculated by the producer
1 6 based on market prices.
1 7 (2) "Farm unit" means all parcels of land, not necessarily
1 8 contiguous, which are operated as a unit for horticultural
1 9 purposes and which are under lawful control of the owner or
1 10 tenant. However, "farm unit" does not include land located
1 11 within one hundred fifty feet of a habitable building or
1 12 within the boundaries of a city.
1 13 (3) "Horticultural crops" include, but are not limited to,
1 14 Christmas trees, nursery stock, fruit bushes and trees, and
1 15 vegetable and nut crops.
1 16 (4) "Producer" means an owner or tenant of a farm unit who
1 17 is actively engaged in growing horticultural crops.
1 18 b. If a producer finds excessive damage to one or more of
1 19 the producer's horticultural crops on a farm unit caused by
1 20 deer, the producer shall notify the department of natural
1 21 resources and the county sheriff of the producer's intention
1 22 to take deer on the farm unit. The notification shall be by
1 23 certified mail and shall include the producer's name and
1 24 address, the location of the affected farm unit, and the
1 25 amount of excessive damage to the producer's horticultural
1 26 crops.
1 27 c. Upon notification as provided in paragraph "b", a
1 28 producer or the producer's designee may take deer on a farm
1 29 unit where a horticultural crop has received excessive damage
1 30 at any time except during a firearm deer hunting season.
1 31 Notwithstanding chapters 481A and 483A, a producer or a
1 32 producer's designee may take the deer without restrictions as
1 33 to a deer hunting license, the hour of day, the use of
1 34 artificial light, the use of blaze orange apparel, the type or
1 35 caliber of weapon or firearm, the taking of deer within two
2 1 hundred yards of habitable buildings, or the discharge of
2 2 firearms from a motor vehicle. Upon taking a deer, the
2 3 carcass shall be field dressed and left in the field.
2 4 d. After taking a deer, the producer shall promptly notify
2 5 the county sheriff to arrange for the removal of the carcass.
2 6 The county sheriff shall maintain a list of nonprofit,
2 7 charitable organizations desiring to obtain deer carcass to
2 8 use for free meals and, upon notification by a producer, shall
2 9 arrange for the timely removal of the carcass. If the county
2 10 sheriff is unable to arrange for the removal of the deer
2 11 carcass, the producer shall properly dispose of the carcass by
2 12 burial or as provided in chapter 167.
2 13 e. A producer or producer's designee shall report to the
2 14 department, upon a form supplied by the department, the number
2 15 of deer taken as provided in this subsection.
2 16 EXPLANATION
2 17 This bill provides that a producer or a producer's designee
2 18 may take deer on the producer's farm unit if the deer have
2 19 caused excessive damage to the producer's horticultural crops.
2 20 Excessive damage is defined as damage of $600 or more, as
2 21 determined by the producer. If a producer finds excessive
2 22 damage to horticultural crops on the producer's farm unit, the
2 23 producer shall notify, by certified mail, the department of
2 24 natural resources and the county sheriff of the excessive
2 25 damage and of the producer's intention to take deer on the
2 26 farm unit. The producer or the producer's designee may take
2 27 deer on the farm unit with few restrictions. The deer may be
2 28 taken without restrictions as to the hour of the day, the use
2 29 of artificial light, the use of blaze orange apparel, the type
2 30 or caliber of weapon or firearm, or hunting from a motor
2 31 vehicle. The producer or the producer's designee shall not
2 32 hunt within 150 feet of a habitable building, within the
2 33 boundaries of a city, or during an open firearms season.
2 34 When a deer is taken, the deer shall be field dressed and
2 35 left in the field. The producer shall promptly notify the
3 1 county sheriff of the deer carcass and the county sheriff
3 2 shall contact an interested nonprofit charitable organization
3 3 to retrieve the carcass. The county sheriff shall maintain a
3 4 list of nonprofit charitable organizations which wish to use
3 5 deer carcasses for free meals. If the sheriff cannot arrange
3 6 for the removal of the deer carcass, the producer shall
3 7 dispose of it by burial or by a livestock disposal service.
3 8 The producer is required to report the number of deer taken
3 9 to the department of natural resources.
3 10 LSB 1634XS 77
3 11 tj/jw/5
Text: SF00154 Text: SF00156 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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