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 hunting preserve operator's licenses shall expire
     2 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 promptly sign post 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 ungulates An ungulate which are is
     2 49 purchased, propagated, confined, released, or sold by
     2 50 a licensed hunting preserve shall be free of diseases
     3  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

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