Text: HF00157 Text: HF00159 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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 section481A.1189A.2, 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 section481A.1189A.2; 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 section481A.1189A.2; or 1 18 poultry. 1 19 Sec. 4. Section 189A.2, subsection 6A, Code 2003, 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 2003, 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, Code 2003, is amended by adding 2 2 the following new subsection: 2 3 NEW SUBSECTION. 16A. "Farm deer" means the same as 2 4 defined in section 189A.2. 2 5 Sec. 7. Section 481A.1, subsection 20, paragraph h, Code 2 6 2001, is amended to read as follows: 2 7 h. The Cervidae: such as elk or deer, other than farm 2 8 deer.As used in this paragraph, "farm deer" means an animal2 9belonging to the cervidae family and classified as part of the2 10dama species of the dama genus, commonly referred to as fallow2 11deer; part of the elaphus species of the cervus genus,2 12commonly referred to as red deer or elk; or part of the nippon2 13species of the cervus genus, commonly referred to as sika.2 14However, a farm deer does not include any unmarked free-2 15ranging elk.2 16 Sec. 8. Section 481A.1, Code 2003, is amended by adding 2 17 the following new subsection: 2 18 NEW SUBSECTION. 33A. "Whitetail" means an animal 2 19 belonging to the cervidae family and classified as part of the 2 20 virginianus species of the odocioleus genus commonly referred 2 21 to as whitetail. 2 22 Sec. 9. Section 481A.124, subsection 2, Code 2003, is 2 23 amended to read as follows: 2 24 2. This section only applies todeer of the species2 25 whitetailonlyother than farm deer. 2 26 Sec. 10. Section 481A.130, Code 2003, is amended by adding 2 27 the following new subsection: 2 28 NEW SUBSECTION. 3. This section does not apply to a 2 29 person who fails to exclude an ungulate that is property of 2 30 the state from becoming part of a hunting preserve licensed 2 31 under chapter 484B if the person acts in compliance with 2 32 section 484B.5. 2 33 Sec. 11. Section 484B.5, Code 2003, is amended to read as 2 34 follows: 2 35 484B.5 BOUNDARIES SIGNED – FENCED. 3 1 Upon receipt of a hunting preserve license, the licensee 3 2 shall promptlysignpost signs around thelicensedproperty 3 3with signsof the hunting preserve as prescribed by the 3 4 department. A licenseeholding and releasingwho may release 3 5 ungulates into the hunting preserve shall construct and 3 6 maintain a boundaryfencesfence around the hunting preserve 3 7 as prescribed by the departmentso as to. The boundary fence 3 8 shall enclose the property and be constructed to contain all 3 9 released ungulatesand. Upon the construction of the boundary 3 10 fence, the licensee shall notify the department in writing 3 11 according to procedures required by the department that the 3 12 fence has been constructed. For thirty days following receipt 3 13 of the notice, the department may enter the hunting preserve 3 14 to exclude all ungulates which are property of the statefrom3 15becoming a part of the hunting preserve enterprise. The 3 16 department may treat any enclosed ungulate in the hunting 3 17 preserve as property of the state. After the end of the 3 18 thirty-day period, the state shall relinquish its property 3 19 interest in any remaining enclosed ungulate, which shall 3 20 become property of the licensee. 3 21 Sec. 12. Section 484B.14, Code 2003, is amended to read as 3 22 follows: 3 23 484B.14 PENALTIES. 3 24 1. A person who violates a provision of this chapter or a 3 25 rule adopted under this chapter is guilty of a simple 3 26 misdemeanor. 3 27 2. A person who fails to exclude an ungulate that is 3 28 property of the state from becoming part of a hunting preserve 3 29 licensed under this chapter shall not be subject to the 3 30 penalty provided in this section or to a civil or criminal 3 31 penalty provided in any other chapter, if the person acts in 3 32 compliance with section 484B.5. 3 33 Sec. 13. Section 717.1, subsection 2, Code 2003, is 3 34 amended to read as follows: 3 35 2. "Livestock" means an animal belonging to the bovine, 4 1 caprine, equine, ovine, or porcine species, ostriches, rheas, 4 2 emus; farm deer,as defined in section481A.1189A.2; or 4 3 poultry. 4 4 Sec. 14. EFFECTIVE DATE. This bill, being deemed of 4 5 immediate importance, takes effect upon enactment. 4 6 EXPLANATION 4 7 This bill relates to farm deer, which is an animal 4 8 generally classified as belonging to the cervidae family that 4 9 is more narrowly referred to in common use as fallow deer, red 4 10 deer, elk, or sika. A farm deer does not include any unmarked 4 11 free-ranging elk. These types of cervidae are considered 4 12 livestock for a number of provisions throughout the Code, 4 13 including branding regulations under Code chapter 169A, 4 14 trespassing livestock under Code chapter 169C, meat and 4 15 poultry inspection under Code chapter 189A, organic 4 16 agricultural production under Code chapter 190C, exemptions 4 17 from sales tax for inputs under Code section 422.45, and 4 18 livestock neglect and abuse under Code chapter 717. 4 19 Farm deer are generally excluded from provisions referring 4 20 to game in chapters administered by the department of natural 4 21 resources providing for wildlife conservation and hunting 4 22 regulations (see Code section 481A.1). 4 23 The bill adds whitetail to the definition of farm deer, but 4 24 excludes whitetail that are free-ranging. 4 25 The bill amends a number of provisions referring to the 4 26 definition of "farm deer" that currently exist in the Code. 4 27 The bill also amends Code chapter 484B, which provides for 4 28 the licensure of hunting preserves. Under current law, a 4 29 person obtaining a license to establish a hunting preserve 4 30 must exclude ungulates, including whitetail, prior to 4 31 enclosing the hunting preserve and populating it with 4 32 ungulates owned by the person. The bill amends Code section 4 33 484B.5 to provide that the department may have access to the 4 34 area within the boundary fences in order to remove ungulates 4 35 that are property of the state from becoming a part of the 5 1 hunting preserve. 5 2 The bill provides that a penalty that might apply to a 5 3 person who takes an ungulate that is property of the state 5 4 does not apply to a person who fails to exclude the ungulate 5 5 from a hunting preserve, if the person acts in compliance with 5 6 the requirements of Code section 484B.5. 5 7 The bill takes effect upon enactment. 5 8 LSB 2050HH 80 5 9 da/cf/24
Text: HF00157 Text: HF00159 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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