Senate Study Bill 1149 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON KAPUCIAN) A BILL FOR An Act relating to the installation of cattle guards by 1 landowners along certain streets or highways, and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2646XC (1) 87 ns/nh

S.F. _____ Section 1. NEW SECTION . 314.30 Cattle guards. 1 Notwithstanding chapter 169C or 318, or any other provision 2 of law to the contrary: 3 1. A landowner may install a cattle guard on a street or 4 highway if all of the following apply: 5 a. The street or highway terminates in a dead end, is 6 completely or partially located in a flood plain, serves no 7 residence, and exits to a secondary road. 8 b. The landowner owns the property on both sides of the 9 street or highway that terminates in a dead end. 10 c. The effective purpose of restraining livestock using a 11 fence along the street or highway is continually impaired by 12 flooding or other natural forces. 13 d. Flooding or other natural forces have and will, with 14 a reasonable probability, continue to create liability for 15 the landowner and risk of injury to the public from livestock 16 straying on to the secondary road described in paragraph “a” . 17 2. A cattle guard installed pursuant to this section shall 18 be installed at the landowner’s expense at a distance of not 19 less than sixty-six feet from the secondary road described in 20 subsection 1. 21 3. After a landowner installs a cattle guard pursuant to 22 this section, the landowner shall not be required to install 23 or maintain a fence along the street or highway described 24 in subsection 1, and shall not be liable for any injury or 25 loss arising from the placement of the cattle guard. All of 26 the following shall apply to a landowner who is not required 27 to install or maintain a fence along the street or highway 28 pursuant to this subsection: 29 a. The landowner shall not be liable to a local authority 30 as provided in section 169C.4, subsection 1, paragraph “c” for 31 livestock straying on to the street or highway. 32 b. A local authority shall not take custody of the 33 landowner’s livestock on the street or highway as provided in 34 section 169C.2. 35 -1- LSB 2646XC (1) 87 ns/nh 1/ 3

S.F. _____ c. The landowner shall not be subject to section 169C.6 for 1 livestock straying on to the street or highway. 2 4. As used in this section: 3 a. “Cattle guard” means a structure consisting of parallel 4 bars placed over a shallow ditch that allows motor vehicles to 5 pass over the ditch, but prevents cattle and other livestock 6 from passing over the ditch. 7 b. “Fence” means as defined in section 169C.1. 8 c. “Landowner” means as defined in section 169C.1. 9 d. “Local authority” means as defined in section 169C.1. 10 e. “Secondary road” means as defined in section 306.3. 11 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 12 immediate importance, takes effect upon enactment. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill permits a landowner to install a cattle guard 17 on a street or highway if the street or highway terminates 18 in a dead end, is completely or partially located in a flood 19 plain, serves no residence, and exits to a secondary road; the 20 landowner owns the property on both sides of the street or 21 highway that terminates in a dead end; the effective purpose 22 of restraining livestock using a fence along the street or 23 highway is continually impaired by flooding or other natural 24 forces; and flooding or other natural forces have and will, 25 with a reasonable probability, continue to create liability for 26 the landowner and risk of injury to the public from livestock 27 straying on to the secondary road. The bill defines a “cattle 28 guard” as a structure consisting of parallel bars placed over a 29 shallow ditch that allows motor vehicles to pass over the ditch 30 but prevents cattle and other livestock from passing over the 31 ditch. 32 The bill requires a cattle guard installed pursuant to the 33 bill to be installed at the landowner’s expense at a distance 34 of not less than 66 feet from the secondary road. 35 -2- LSB 2646XC (1) 87 ns/nh 2/ 3

S.F. _____ The bill provides that after a landowner installs a cattle 1 guard, the landowner is not required to install or maintain a 2 fence along the street or highway, and is not liable for any 3 injury or loss arising from the placement of the cattle guard. 4 The bill further provides that, notwithstanding current law, 5 such a landowner is not liable to a local authority taking 6 custody of livestock straying on to the street or highway for 7 costs incurred by the local authority, a local authority is 8 not permitted to take custody of the landowner’s livestock on 9 the street or highway, and the landowner is not subject to the 10 habitual trespass provisions of Code chapter 169C for livestock 11 straying on to the street or highway. 12 The bill takes effect upon enactment. 13 -3- LSB 2646XC (1) 87 ns/nh 3/ 3