Text: HF00484 Text: HF00486 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 10.1, subsection 14, Code 2001, 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 section481A.1189A.2, or 1 6 poultry. 1 7 Sec. 2. Section 169A.1, subsection 1, Code 2001, 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 section481A.1189A.2; or 1 12 poultry. 1 13 Sec. 3. Section 169C.1, subsection 3, Code 2001, 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 section481A.1189A.2; or 1 18 poultry. 1 19 Sec. 4. Section 189A.2, subsection 6A, Code 2001, is 1 20 amended to read as follows: 1 21 6A. "Farm deer" means an animal belonging to the cervidae 1 22 family and classified as part of the dama species of the dama 1 23 genus, commonly referred to as fallow deer; part of the 1 24 elaphus species of the cervus genus, commonly referred to as 1 25 red deer or elk; part of the virginianus species of the 1 26 odocioleus genus commonly referred to as whitetail; or part of 1 27 the nippon species of the cervus genus, commonly referred to 1 28 as sika. However, a farm deer does not include any unmarked 1 29 free-ranging elk or whitetail. 1 30 Sec. 5. Section 190C.1, subsection 12, Code 2001, is 1 31 amended to read as follows: 1 32 12. "Livestock" means an animal belonging to the bovine, 1 33 caprine, equine, ovine, or porcine species; ostriches, rheas, 1 34 or emus; farm deer as defined in section481A.1189A.2; or 1 35 poultry. 2 1 Sec. 6. Section 481A.1, subsection 20, paragraph h, Code 2 2 2001, is amended to read as follows: 2 3 h. The Cervidae: such as elk or deer, other than farm 2 4 deer. As used in this paragraph, "farm deer" meansan animal2 5belonging to the cervidae family and classified as part of the2 6dama species of the dama genus, commonly referred to as fallow2 7deer; part of the elaphus species of the cervus genus,2 8commonly referred to as red deer or elk; or part of the nippon2 9species of the cervus genus, commonly referred to as sika.2 10However, a farm deer does not include any unmarked free-2 11ranging elkthe same as defined in section 189A.2. 2 12 Sec. 7. Section 481A.1, Code 2001, is amended by adding 2 13 the following new subsection: 2 14 NEW SUBSECTION. 33A. "Whitetail" means an animal 2 15 belonging to the cervidae family and classified as part of the 2 16 virginianus species of the odocioleus genus commonly referred 2 17 to as whitetail. 2 18 Sec. 8. Section 481A.124, subsection 2, Code 2001, is 2 19 amended to read as follows: 2 20 2. This section only applies todeer of the species2 21 whitetailonlyother than farm deer. 2 22 Sec. 9. Section 481A.130, Code 2001, is amended by adding 2 23 the following new subsection: 2 24 NEW SUBSECTION. 3. This section does not apply to a 2 25 person who fails to exclude an ungulate that is property of 2 26 the state from becoming part of a hunting preserve, if the 2 27 person acts in compliance with section 484B.5. 2 28 Sec. 10. Section 484B.5, Code 2001, is amended to read as 2 29 follows: 2 30 484B.5 BOUNDARIES SIGNED – FENCED. 2 31 Upon receipt of a hunting preserve license, the licensee 2 32 shall promptly sign the licensed property with signs 2 33 prescribed by the department. A licensee holding and 2 34 releasing ungulates shall construct and maintain boundary 2 35 fences prescribed by the departmentso as to. The boundary 3 1 fences shall enclose and contain all released ungulates and 3 2 exclude all ungulateswhichthat are property of the state 3 3 from becoming a part of the hunting preserveenterprise. The 3 4 department may have access to the area within the boundary 3 5 fences in order to exclude ungulates that are property of the 3 6 state from becoming a part of the hunting preserve. The 3 7 department may assess a charge for each ungulate that cannot 3 8 be excluded based on its fair market value. However, the 3 9 charge assessed for a whitetail shall not exceed fifty 3 10 dollars. 3 11 Sec. 11. Section 484B.14, Code 2001, is amended to read as 3 12 follows: 3 13 484B.14 PENALTIES. 3 14 1. A person who violates a provision of this chapter or a 3 15 rule adopted under this chapter is guilty of a simple 3 16 misdemeanor. 3 17 2. A person who fails to exclude an ungulate that is 3 18 property of the state from becoming part of a hunting 3 19 preserve, shall not be subject to the penalty provided in this 3 20 section or to a civil or criminal penalty provided in any 3 21 other chapter, if the person acts in compliance with section 3 22 484B.5. 3 23 Sec. 12. Section 717.1, subsection 2, Code 2001, is 3 24 amended to read as follows: 3 25 2. "Livestock" means an animal belonging to the bovine, 3 26 caprine, equine, ovine, or porcine species, ostriches, rheas, 3 27 emus; farm deer,as defined in section481A.1189A.2; or 3 28 poultry. 3 29 Sec. 13. EFFECTIVE DATE. This bill, being deemed of 3 30 immediate importance, takes effect upon enactment. 3 31 EXPLANATION 3 32 This bill relates to farm deer, which is an animal 3 33 generally classified as belonging to the cervidae family that 3 34 is more narrowly referred to in common use as fallow deer, red 3 35 deer, elk, or sika. A farm deer does not include any unmarked 4 1 free-ranging elk. These types of cervidae are considered 4 2 livestock for a number of provisions throughout the Code, 4 3 including branding regulations under Code chapter 169A, 4 4 trespassing livestock under Code chapter 169C, meat and 4 5 poultry inspection under Code chapter 189A, organic 4 6 agricultural production under Code chapter 190C, and livestock 4 7 neglect and abuse under Code chapter 717. 4 8 Farm deer are generally excluded from provisions referring 4 9 to game in chapters administered by the department of natural 4 10 resources providing for wildlife conservation and hunting 4 11 regulations (see Code section 481A.1). 4 12 The bill adds whitetail to the definition of farm deer, but 4 13 excludes whitetail that are free-ranging. 4 14 The bill amends a number of provisions referring to the 4 15 definition of "farm deer" that currently exist in the Code. 4 16 The bill also amends Code chapter 484B, which provides for 4 17 hunting preserves. Under current law, a person establishing a 4 18 hunting preserve must exclude ungulates, including whitetail, 4 19 prior to enclosing the hunting preserve and populating it with 4 20 ungulates owned by the person. The bill amends Code section 4 21 484B.5 to provide the department may have access to the area 4 22 within the boundary fences in order to remove ungulates that 4 23 are property of the state from becoming a part of the hunting 4 24 preserve. It also provides that the department may assess a 4 25 charge for each ungulate that cannot be excluded based on its 4 26 fair market value, but placing a limit on the charge for a 4 27 whitetail of not more than $50. 4 28 The bill provides that a penalty that might apply to a 4 29 person who takes an ungulate that is property of the state 4 30 does not apply to a person who fails to exclude the ungulate 4 31 from a hunting preserve, if the person acts in compliance with 4 32 the bill. 4 33 The bill takes effect upon enactment. 4 34 LSB 2748YH 79 4 35 da/gg/8
Text: HF00484 Text: HF00486 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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