Senate Amendment 5057 PAG LIN 1 1 Amend Senate File 2350 as follows: 1 2 #1. Page 2, by inserting after line 2, the 1 3 following: 1 4 < . "Hunting preserve" means a hunting preserve 1 5 as regulated by the department of natural resources 1 6 pursuant to chapter 484B.> 1 7 #2. Page 3, line 13, by striking the word <A> and 1 8 inserting the following: 1 9 <1. Except as provided in subsection 2, a>. 1 10 #3. Page 3, line 15, by striking the figure <1.> 1 11 and inserting the following: <a.> 1 12 #4. Page 3, line 17, by striking the word <a.> and 1 13 inserting the following: "(1)". 1 14 #5. Page 3, line 20, by striking the word <b.> and 1 15 inserting the following: <(2)>. 1 16 #6. Page 3, line 22, by striking the word 1 17 <subsection> and inserting the following: <paragraph 1 18 "a">. 1 19 #7. Page 3, line 23, by striking the figure <2.> 1 20 and inserting the following: <b.> 1 21 #8. Page 3, line 26, by striking the word <a.> and 1 22 inserting the following: <(1)>. 1 23 #9. Page 3, line 30, by striking the word <b.> and 1 24 inserting the following: <(2)>. 1 25 #10. Page 3, by inserting after line 33, the 1 26 following: 1 27 <2. A person may deem a swine of unknown status as 1 28 feral swine if the feral swine is within a hunting 1 29 preserve or has escaped from a hunting preserve.> 1 30 #11. Page 5, line 7, by striking the word and 1 31 figure <1. A> and inserting the following: <1. a. 1 32 Except as provided in paragraph "b", a>. 1 33 #12. Page 5, line 8, by striking the word <a.> and 1 34 inserting the following: <(1)>. 1 35 #13. Page 5, line 9, by striking the word <b.> and 1 36 inserting the following: <(2)>. 1 37 #14. Page 5, line 11, by striking the word <c.> 1 38 and inserting the following: <(3)>. 1 39 #15. Page 5, by inserting after line 12, the 1 40 following: 1 41 <b. A person shall only maintain the custody or 1 42 control of a feral swine on land which is part of a 1 43 hunting preserve.> 1 44 #16. Page 8, by striking lines 11 through 27, and 1 45 inserting the following: 1 46 <Sec. . Section 484B.1, Code 2005, is amended 1 47 by adding the following new subsection: 1 48 NEW SUBSECTION. 3A. "Feral swine" means the same 1 49 as defined in section 171.1. 1 50 Sec. . Section 484B.4, subsection 2, Code 2005, 2 1 is amended by adding the following new paragraph: 2 2 NEW PARAGRAPH. f. If a person has been issued a 2 3 license to operate a hunting preserve where feral 2 4 swine are maintained, information regarding the feral 2 5 swine as required by the department, including but not 2 6 limited to the greatest number of feral swine that may 2 7 be maintained on the preserve, and other information 2 8 required to ensure compliance with special 2 9 requirements as provided in section 484B.12A. 2 10 Sec. . Section 484B.4, subsection 3, Code 2005, 2 11 is amended to read as follows: 2 12 3. a. All licenses issued to persons to operate 2 13 huntingpreserve operator's licenses shall expire2 14 preserves expire on March 31 of each year. 2 15 b. A person shall not be issued a license to 2 16 operate a hunting preserve where feral swine are 2 17 maintained unless all of the following apply: 2 18 (1) The person maintained feral swine on the 2 19 hunting preserve on the effective date of this Act. 2 20 (2) The person maintained feral swine on the 2 21 hunting preserve on the date that the person's 2 22 previous license expired. 2 23 Sec. . Section 484B.5, Code 2005, is amended to 2 24 read as follows: 2 25 484B.5 BOUNDARIES SIGNED == FENCED. 2 26 1. Upon receipt of a hunting preserve license, the 2 27 licensee shall promptlysignpost the licensed 2 28 property with signs informing the public that the 2 29 licensed property is a hunting preserve. If the 2 30 licensed property may include feral swine, each sign 2 31 must conspicuously notify the public that the licensed 2 32 land may include feral swine. The signs shall be 2 33 provided for in a manner prescribed by the department. 2 34 2. A licensee holding and releasing ungulates 2 35 shall construct and maintain boundary fences 2 36 prescribed by the department so as to enclose and 2 37 contain all released ungulates and exclude all 2 38 ungulates which are property of the state from 2 39 becoming a part of the hunting preserve enterprise. 2 40 The department of natural resources, in consultation 2 41 with the department of agriculture and land 2 42 stewardship, may provide special requirements for the 2 43 construction and maintenance of boundary fences which 2 44 confine feral swine. 2 45 Sec. . Section 484B.12, Code 2005, is amended 2 46 to read as follows: 2 47 484B.12 HEALTH REQUIREMENTS == UNGULATES. 2 48 1.All ungulatesAn ungulate whichareis 2 49 purchased, propagated, confined, released, or sold by 2 50 a licensed hunting preserve shall be free ofdiseases3 1 any disease considered significant for wildlife, 3 2 poultry, or livestock. 3 3 2. The department of agriculture and land 3 4 stewardship shall provide for the regulation of farm 3 5 deer as provided in chapter 170. 3 6 3. The department of agriculture and land 3 7 stewardship may provide for the certification of feral 3 8 swine maintained on the licensed property as provided 3 9 in section 484B.12A. 3 10 Sec. . NEW SECTION. 484B.12A SPECIAL 3 11 REQUIREMENTS FOR MOVING, RELOCATING, OR MAINTAINING 3 12 FERAL SWINE. 3 13 1. As used in this section, unless the context 3 14 otherwise requires: 3 15 a. "Move" or "movement" means to ship, transport, 3 16 or deliver swine by land, water, or air, except that 3 17 "move" or "movement" does not mean a relocation. 3 18 b. "Relocate" or "relocation" means to ship, 3 19 transport, or deliver swine by land, water, or air, 3 20 from one hunting preserve to a different hunting 3 21 preserve, if the ownership of the swine does not 3 22 change, the two hunting preserves are located within 3 23 the state, and the shipment, transportation, or 3 24 delivery between the two hunting preserves occurs 3 25 within the state. 3 26 2. Swine shall be deemed to be feral swine if the 3 27 swine is moved or relocated to or from a hunting 3 28 preserve or maintained on land which is a hunting 3 29 preserve under this chapter. 3 30 3. a. A person licensed under this chapter may 3 31 move or relocate feral swine on land which is a 3 32 hunting preserve. The feral swine must be all of the 3 33 following: 3 34 (1) Accompanied by a certificate of veterinary 3 35 inspection as provided in section 163.30. 3 36 (2) Segregated from other animals. 3 37 (3) Secured in a manner that prevents escape. 3 38 b. The department of agriculture and land 3 39 stewardship may require that the feral swine be 3 40 certified prior to relocation as required in this 3 41 section. 3 42 c. A person licensed under this chapter shall not 3 43 move feral swine on or after January 1, 2008. 3 44 4. A person licensed under this chapter may 3 45 maintain feral swine on land which is a hunting 3 46 preserve, subject to all of the following: 3 47 a. The person may be required to construct and 3 48 maintain fences pursuant to section 484B.5 which 3 49 conform to special requirements established by the 3 50 department of natural resources in consultation with 4 1 the department of agriculture and land stewardship. 4 2 The special requirements shall ensure that the feral 4 3 swine do not escape. 4 4 b. The feral swine may be required to be certified 4 5 or recertified by the department of agriculture and 4 6 land stewardship in consultation with the department 4 7 of natural resources. The certification may provide 4 8 that feral swine react negatively to tests for 4 9 contagious or infectious diseases as provided in 4 10 chapter 163. The department of agriculture and land 4 11 stewardship or a veterinarian approved by the 4 12 department may do all of the following: 4 13 (1) Provide for the testing of each feral swine or 4 14 a statistical sampling of the feral swine as required 4 15 by the department of agriculture and land stewardship. 4 16 (2) Require that a feral swine be segregated for 4 17 any period until the swine is certified. 4 18 5. The department of natural resources in 4 19 cooperation with the department of agriculture and 4 20 land stewardship may order the quarantine or 4 21 destruction of an ungulate which is suspected of being 4 22 afflicted or carrying a contagious or infectious 4 23 disease which originates with a feral swine. The 4 24 department of natural resources in cooperation with 4 25 the department of agriculture and land stewardship may 4 26 also provide for the depopulation of the ungulates. 4 27 6. Chapter 171 shall apply to a feral swine which 4 28 escapes from a hunting preserve. The person licensed 4 29 pursuant to this chapter shall be the responsible 4 30 party having lost custody or control of the feral 4 31 swine as provided in that chapter.> 4 32 #17. Page 8, by inserting after line 34, the 4 33 following: 4 34 <Sec. . EFFECTIVE DATE. This Act, being deemed 4 35 of immediate importance, takes effect upon enactment.> 4 36 #18. Title page, line 1, by striking the word 4 37 <and>. 4 38 #19. Title page, line 2, by inserting after the 4 39 word <penalties> the following: <, and providing an 4 40 effective date.> 4 41 #20. By renumbering as necessary. 4 42 4 43 4 44 4 45 EUGENE S. FRAISE 4 46 SF 2350.701 81 4 47 da/gg/5014 -1-