Text: HF00623 Text: HF00625 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 624 1 2 1 3 AN ACT 1 4 REGULATING FARM DEER, PROVIDING FOR PENALTIES, AND PROVIDING 1 5 AN EFFECTIVE DATE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 10.1, subsection 14, Code 2003, is 1 10 amended to read as follows: 1 11 14. "Livestock" means an animal belonging to the bovine, 1 12 caprine, equine, ovine, or porcine species, ostriches, rheas, 1 13 emus, farm deer as defined in section481A.1170.1, or 1 14 poultry. 1 15 Sec. 2. Section 169A.1, subsection 1, Code 2003, is 1 16 amended to read as follows: 1 17 1. "Animal" means a creature belonging to the bovine, 1 18 caprine, equine, ovine, or porcine species; ostriches, rheas, 1 19 or emus; farm deer as defined in section481A.1170.1; or 1 20 poultry. 1 21 Sec. 3. Section 169C.1, subsection 3, Code 2003, is 1 22 amended to read as follows: 1 23 3. "Livestock" means an animal belonging to the bovine, 1 24 caprine, equine, ovine, or porcine species; ostriches, rheas, 1 25 or emus; farm deer as defined in section481A.1170.1; or 1 26 poultry. 1 27 Sec. 4. NEW SECTION. 170.1 DEFINITIONS. 1 28 As used in this chapter, unless the context otherwise 1 29 requires: 1 30 1. "Chronic wasting disease" means the animal disease 1 31 afflicting deer and elk that is a transmissible disease of the 1 32 nervous system resulting in distinctive lesions in the brain 1 33 and that belongs to the group of diseases that is known as 1 34 transmissible spongiform encephalopathies (TSE). 1 35 2. "Council" means the farm deer council established 2 1 pursuant to section 170.2. 2 2 3. "Department" means the department of agriculture and 2 3 land stewardship. 2 4 4. "Farm deer" means an animal belonging to the cervidae 2 5 family and classified as part of the dama species of the dama 2 6 genus, commonly referred to as fallow deer; part of the 2 7 elaphus species of the cervus genus, commonly referred to as 2 8 red deer or elk; part of the virginianus species of the 2 9 odocoileus genus, commonly referred to as whitetail; part of 2 10 the hemionus species of the odocoileus genus, commonly 2 11 referred to as mule deer; or part of the nippon species of the 2 12 cervus genus, commonly referred to as sika. However, a farm 2 13 deer does not include any unmarked free-ranging elk, 2 14 whitetail, or mule deer. 2 15 5. "Fence" means a boundary fence which encloses farm deer 2 16 within a landowner's property as required to be constructed 2 17 and maintained pursuant to section 170.4. 2 18 6. "Landowner" means a person who holds an interest in 2 19 land, including a titleholder or tenant. 2 20 Sec. 5. NEW SECTION. 170.2 FARM DEER COUNCIL. 2 21 1. A farm deer council is established within the 2 22 department. 2 23 a. The council shall consist of not more than seven 2 24 members who shall be appointed by the secretary of 2 25 agriculture. All members must be actively engaged in the 2 26 production of farm deer and at least four members must be 2 27 actively engaged in the production of whitetail as farm deer. 2 28 b. The members of the council shall serve staggered terms 2 29 of two years, except that the initial council members shall 2 30 serve terms of unequal length. A person appointed to fill a 2 31 vacancy for a member shall serve only for the unexpired 2 32 portion of the term. A member is eligible for reappointment 2 33 for three successive terms. 2 34 c. The council shall elect a chairperson and meet 2 35 according to rules adopted by the council. A majority of the 3 1 council constitutes a quorum and an affirmative vote of a 3 2 majority of members is necessary for substantive action taken 3 3 by the council. The majority shall not include any member who 3 4 has a conflict of interest and a statement by a member of a 3 5 conflict of interest shall be conclusive for this purpose. A 3 6 vacancy in the membership does not impair the right of a 3 7 quorum to exercise all rights and perform all duties of the 3 8 council. 3 9 d. A member of the council is not entitled to receive 3 10 expenses incurred in the discharge of the member's duties on 3 11 the council. A member is also not entitled to receive 3 12 compensation as otherwise provided in section 7E.6. 3 13 2. The council shall do all of the following: 3 14 a. Monitor conditions relating to the production of farm 3 15 deer, the processing of farm deer products, and the marketing 3 16 of such products. The council shall advise the department 3 17 about health issues affecting farm deer, including but not 3 18 limited to chronic wasting disease, and related regulations or 3 19 practices. 3 20 b. Advise the department about the administration and 3 21 enforcement of this chapter, including but not limited to 3 22 consulting with the department regarding the rules adopted 3 23 under this chapter, the certification of fences, and 3 24 disciplinary actions. However, the council shall not control 3 25 policy decisions or direct the administration or enforcement 3 26 of this chapter. 3 27 Sec. 6. NEW SECTION. 170.3 JURISDICTION OF THE 3 28 DEPARTMENT OF NATURAL RESOURCES – COOPERATION WITH THE 3 29 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP. 3 30 1. Farm deer are livestock as provided in this title and 3 31 are principally subject to regulation by the department of 3 32 agriculture and land stewardship, and also the department of 3 33 natural resources as specifically provided in this chapter. 3 34 The regulations adopted by the department of agriculture and 3 35 land stewardship may include but are not limited to providing 4 1 for the importation, transportation, and disease control of 4 2 farm deer. The department of natural resources shall not 4 3 require that the landowner be issued a license or permit for 4 4 keeping farm deer or for the construction of a fence for 4 5 keeping farm deer. 4 6 2. The department of agriculture and land stewardship and 4 7 the department of natural resources shall cooperate in 4 8 administering and enforcing this chapter. 4 9 Sec. 7. NEW SECTION. 170.4 REQUIREMENTS FOR KEEPING 4 10 WHITETAIL – CERTIFICATION. 4 11 A landowner shall not keep whitetail as farm deer, unless 4 12 the whitetail is kept on land which is enclosed by a fence. 4 13 The fence must be constructed and maintained as prescribed by 4 14 rules adopted by the department. A landowner shall not keep 4 15 the whitetail unless the fence is certified in a manner and 4 16 according to procedures required by the department. The fence 4 17 shall be constructed and maintained to ensure that whitetail 4 18 are kept in the enclosure and that other deer are excluded 4 19 from the enclosure. A fence that is constructed on or after 4 20 the effective date of this Act shall be at least eight feet in 4 21 height above ground level. The department of agriculture and 4 22 land stewardship may require that the fence is inspected and 4 23 approved prior to certification. The department of natural 4 24 resources may periodically inspect the fence according to 4 25 appointment with the enclosure's landowner. 4 26 Sec. 8. NEW SECTION. 170.5 REQUIREMENTS FOR RELEASING 4 27 WHITETAIL – PROPERTY INTERESTS. 4 28 A person shall not release whitetail kept as farm deer onto 4 29 land unless the landowner complies with all of the following: 4 30 1. The landowner must notify the department of natural 4 31 resources and the department of agriculture and land 4 32 stewardship at least thirty days prior to first releasing the 4 33 whitetail on the land. The notice shall be provided in a 4 34 manner required by the departments. The notice must at least 4 35 provide all of the following: 5 1 a. A statement verifying that the fence which encloses the 5 2 land is certified by the department of agriculture and land 5 3 stewardship pursuant to section 170.4. 5 4 b. The landowner's name. 5 5 c. The location of the land enclosed by the fence. 5 6 2. The landowner shall cooperate with the department of 5 7 natural resources and the department of agriculture and land 5 8 stewardship to remove any whitetail from the enclosed land. 5 9 However, after the thirtieth day following receipt of the 5 10 notice, the state shall relinquish its property interest in 5 11 any remaining whitetail that the landowner and the cooperating 5 12 departments were unable to remove from the enclosed land. Any 5 13 remaining whitetail existing at that time on the enclosed 5 14 land, and any progeny of the whitetail, shall become property 5 15 of the landowner. 5 16 Sec. 9. NEW SECTION. 170.6 DISCIPLINARY PROCEEDINGS. 5 17 1. The department of agriculture and land stewardship may 5 18 suspend or revoke a certification issued pursuant to section 5 19 170.4 if the department determines that a landowner has done 5 20 any of the following: 5 21 a. Provided false information to the department in an 5 22 application for certification pursuant to section 170.4. 5 23 b. Failed to provide notice or access to the department of 5 24 natural resources as required by section 170.5. 5 25 c. Failed to maintain a fence enclosing the land where a 5 26 whitetail is kept as required in section 170.4. 5 27 d. Forces or lures a whitetail that is property of the 5 28 state onto the enclosed land. 5 29 e. Restrains or inhibits a whitetail that is property of 5 30 the state from leaving the enclosed land. 5 31 f. Takes a whitetail that is property of the state which 5 32 is enclosed on the property in violation of a chapter in Title 5 33 XI, subtitle 6. 5 34 2. If the department suspends a landowner's certification, 5 35 the landowner shall not release additional whitetail onto the 6 1 enclosed land, unless otherwise provided in the department's 6 2 order for suspension. If the department revokes a landowner's 6 3 certification under this section, the landowner shall provide 6 4 for the disposition of the enclosed whitetail by any lawful 6 5 means. 6 6 Sec. 10. NEW SECTION. 170.7 DEPARTMENT OF NATURAL 6 7 RESOURCES – INVESTIGATIONS. 6 8 This chapter does not prevent the department of natural 6 9 resources from conducting an investigation of a violation of 6 10 fish and game laws, including but not limited to a provision 6 11 of Title XI, subtitle 6. The department of natural resources 6 12 may obtain a warrant to search the enclosed land pursuant to 6 13 chapter 808. This chapter does not prevent the department of 6 14 natural resources from examining the landowner's business 6 15 records according to appointment with the enclosure's 6 16 landowner. The records include but are not limited to those 6 17 relating to whitetail inventories, health, inspections, or 6 18 shipments; and the enclosure's fencing. 6 19 Sec. 11. NEW SECTION. 170.8 PENALTIES. 6 20 A person is guilty of taking a whitetail in violation of 6 21 section 481A.48 if the whitetail is on the land enclosed by a 6 22 fence required to be certified as provided in section 170.4 6 23 and the person does any of the following: 6 24 1. Forces or lures a whitetail that is property of the 6 25 state onto the enclosed land. 6 26 2. Restrains or inhibits a whitetail that is property of 6 27 the state from leaving the enclosed land. 6 28 3. Takes a whitetail that is property of the state that is 6 29 within the enclosure in violation of a chapter in Title XI, 6 30 subtitle 6. 6 31 Sec. 12. Section 189A.2, subsection 6A, Code 2003, is 6 32 amended by striking the subsection and inserting in lieu 6 33 thereof the following: 6 34 6A. "Farm deer" means the same as defined in section 6 35 170.1. 7 1 Sec. 13. Section 190C.1, subsection 12, Code 2003, is 7 2 amended to read as follows: 7 3 12. "Livestock" means an animal belonging to the bovine, 7 4 caprine, equine, ovine, or porcine species; ostriches, rheas, 7 5 or emus; farm deer as defined in section481A.1170.1; or 7 6 poultry. 7 7 Sec. 14. Section 481A.1, Code 2003, is amended by adding 7 8 the following new subsection: 7 9 NEW SUBSECTION. 16A. "Farm deer" means the same as 7 10 defined in section 170.1. 7 11 Sec. 15. Section 481A.1, subsection 20, paragraph h, Code 7 12 2003, is amended to read as follows: 7 13 h. The Cervidae: such as elk or deer, other than farm 7 14 deer.As used in this paragraph, "farm deer" means an animal7 15belonging to the cervidae family and classified as part of the7 16dama species of the dama genus, commonly referred to as fallow7 17deer; part of the elaphus species of the cervus genus,7 18commonly referred to as red deer or elk; or part of the nippon7 19species of the cervus genus, commonly referred to as sika.7 20However, a farm deer does not include any unmarked free-7 21ranging elk.7 22 Sec. 16. Section 481A.1, Code 2003, is amended by adding 7 23 the following new subsection: 7 24 NEW SUBSECTION. 33A. "Whitetail" means an animal 7 25 belonging to the cervidae family and classified as part of the 7 26 virginianus species of the odocoileus genus, commonly referred 7 27 to as whitetail. 7 28 Sec. 17. Section 481A.124, subsection 2, Code 2003, is 7 29 amended to read as follows: 7 30 2. This section only applies todeer of the species7 31 whitetailonly, other than farm deer that is kept as provided 7 32 in chapter 170. 7 33 Sec. 18. Section 481A.130, Code 2003, is amended by adding 7 34 the following new subsection: 7 35 NEW SUBSECTION. 3. This section does not apply to a 8 1 landowner who cooperates with the department of natural 8 2 resources and the department of agriculture and land 8 3 stewardship to remove all whitetail from enclosed land as 8 4 provided in section 170.5, even if all whitetail are not 8 5 removed. 8 6 Sec. 19. Section 484B.3, Code 2003, is amended by adding 8 7 the following new unnumbered paragraph: 8 8 NEW UNNUMBERED PARAGRAPH. The chapter does not apply to 8 9 keeping farm deer as defined in section 170.1. 8 10 Sec. 20. Section 484B.12, Code 2003, is amended to read as 8 11 follows: 8 12 484B.12 HEALTH REQUIREMENTS – UNGULATES. 8 13 All ungulates which are purchased, propagated, confined, 8 14 released, or sold by a licensed hunting preserve shall be free 8 15 of diseases considered significant for wildlife, poultry, or 8 16 livestock. The department of agriculture and land stewardship 8 17 shall provide for the regulation of farm deer as provided in 8 18 chapter 170. 8 19 Sec. 21. Section 717.1, subsection 2, Code 2003, is 8 20 amended to read as follows: 8 21 2. "Livestock" means an animal belonging to the bovine, 8 22 caprine, equine, ovine, or porcine species, ostriches, rheas, 8 23 emus; farm deer,as defined in section481A.1170.1; or 8 24 poultry. 8 25 Sec. 22. HUNTING PRESERVES AND GAME BREEDERS – AUTOMATIC 8 26 CERTIFICATION. Any farm deer kept on land which is owned by a 8 27 person licensed pursuant to section 484B.5 or 481A.61 and 8 28 which is enclosed with a fence on the effective date of this 8 29 Act shall be deemed to comply with construction requirements 8 30 of section 170.4 and shall be automatically certified by the 8 31 department of agriculture and land stewardship without 8 32 submitting an application. The landowner is not required to 8 33 notify the department of natural resources concerning removal 8 34 of whitetail as otherwise required pursuant to section 170.5. 8 35 Sec. 23. EFFECTIVE DATE. This Act, being deemed of 9 1 immediate importance, takes effect upon enactment. 9 2 9 3 9 4 9 5 CHRISTOPHER C. RANTS 9 6 Speaker of the House 9 7 9 8 9 9 9 10 MARY E. KRAMER 9 11 President of the Senate 9 12 9 13 I hereby certify that this bill originated in the House and 9 14 is known as House File 624, Eightieth General Assembly. 9 15 9 16 9 17 9 18 MARGARET THOMSON 9 19 Chief Clerk of the House 9 20 Approved , 2003 9 21 9 22 9 23 9 24 THOMAS J. VILSACK 9 25 Governor
Text: HF00623 Text: HF00625 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2003 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Jun 19 02:30:01 CDT 2003
URL: /DOCS/GA/80GA/Legislation/HF/00600/HF00624/030428.html
jhf