House File 2546 - Enrolled

PAG LIN

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AN ACT

HOUSE FILE 2546

1	4 ALLOWING PRIVATE LANDOWNERS LIMITED IMMUNITY FROM PREMISES
1	5	LIABILITY DURING URBAN DEER CONTROL HUNTS.
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1	7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1	9	Section 1.	Section 461C.1, Code 2005, is amended to read
1 10 as follows:
1 11	461C.1	PURPOSE.
1 12	The purpose of this chapter is to encourage private owners
1 13 of land to make land and water areas available to the public
1 14 for recreational purposes and for urban deer control by
1 15 limiting their liability toward persons entering thereon for
1 16 such purposes.
1 17	Sec. 2.	Section 461C.2, subsection 3, Code 2005, is
1 18 amended to read as follows:
1 19	3.	"Land" means private land located in a municipality
  1 20 including abandoned or inactive surface mines, caves, and land
1 21 used for agricultural purposes, including marshlands, timber,
1 22 grasslands and the privately owned roads, water, water
1 23 courses, private ways and buildings, structures and machinery
1 24 or equipment appurtenant thereto.
1 25	Sec. 3.	Section 461C.2, Code 2005, is amended by adding
1 26 the following new subsections:
1 27	NEW SUBSECTION.	3A.	"Municipality" means any city or
1 28 county in the state.
1 29	NEW SUBSECTION.	5.	"Urban deer control" means deer
1 30 hunting with a bow and arrow on private land in a
1 31 municipality, without charge, as authorized by a municipal
1 32 ordinance, for the purpose of reducing or stabilizing an urban
1 33 deer population in the municipality.
1 34	Sec. 4.	Section 461C.3, Code 2005, is amended to read as
35 follows:
1	461C.3	LIABILITY OF OWNER LIMITED.
2	2	Except as specifically recognized by or provided in section
2	3 461C.6, an owner of land owes no duty of care to keep the
2	4 premises safe for entry or use by others for recreational
2	5 purposes or urban deer control, or to give any warning of a
2	6 dangerous condition, use, structure, or activity on such
2	7 premises to persons entering for such purposes.
2	8	Sec. 5.	Section 461C.4, unnumbered paragraph 1, Code 2005,
2	9 is amended to read as follows:
2 10	Except as specifically recognized by or provided in section
2 11 461C.6, a holder of land who either directly or indirectly
2 12 invites or permits without charge any person to use such
2 13 property for recreational purposes or urban deer control does
2 14 not thereby:
2 15	Sec. 6.	Section 461C.5, Code 2005, is amended to read as
2 16 follows:
2 17	461C.5	DUTIES AND ABILITIES OF OWNER OF LEASED LAND.
2 18	Unless otherwise agreed in writing, the provisions of
2 19 sections 461C.3 and 461C.4 shall be deemed applicable to the
2 20 duties and liability of an owner of land leased, or any
2 21 interest or right therein transferred to, or the subject of
2 22 any agreement with, the United States or any agency thereof,
2 23 or the state or any agency or subdivision thereof, for
2 24 recreational purposes or urban deer control.
2 25	Sec. 7.	Section 461C.6, subsection 2, Code 2005, is
2 26 amended to read as follows:
2 27	2.	For injury suffered in any case where the owner of land
2 28 charges the person or persons who enter or go on the land for
2 29 the recreational use thereof or for deer hunting, except that
2 30 in the case of land or any interest or right therein, leased
2 31 or transferred to, or the subject of any agreement with, the
2 32 United States or any agency thereof or the state or any agency
2 33 thereof or subdivision thereof, any consideration received by
2 34 the holder for such lease, interest, right or agreement, shall
35 not be deemed a charge within the meaning of this section.
1	Sec. 8.	Section 461C.7, subsection 2, Code 2005, is
3	2 amended to read as follows:
3	3	2.	Relieve any person using the land of another for

3	4 recreational purposes or urban deer control from any
3	5 obligation which the person may have in the absence of this
3	6 chapter to exercise care in the use of such land and in the
3	7 person's activities thereon, or from the legal consequences of
3	8 failure to employ such care.
3	9	Sec. 9.	NEW SECTION.	461C.8	URBAN DEER CONTROL ==
3 10 MUNICIPAL ORDINANCE.
3 11	1.	A municipality may adopt an ordinance authorizing
3 12 trained, volunteer hunters to hunt deer with a bow and arrow
3 13 on private land within the municipality, without charge, for
3 14 the purpose of urban deer control.
3 15	2.	The ordinance shall specify all of the following:
3 16	a.	How a person qualifies to participate in urban deer
3 17 control.
3 18	b.	Where urban deer control can occur.
3 19	c.	Conditions under which urban deer control can be
3 20 conducted, which are intended to minimize the risk of injury
3 21 to persons and property.
3 22	3.	A hunter who participates in urban deer control
3 23 pursuant to this section shall be otherwise qualified to hunt
3 24 deer in this state, have a hunting license and pay the
3 25 wildlife habitat fee, and obtain a special deer hunting
3 26 license valid only for the dates, locations, and type of deer
3 27 specified on the license.	Special deer hunting licenses
3 28 issued pursuant to this section shall be available only to
3 29 residents and shall cost the same as deer hunting licenses
3 30 issued during general deer seasons.	The commission may
3 31 establish procedures for issuing more than one license per
3 32 person as necessary to achieve the purposes of urban deer
3 33 control, and the cost of each additional license shall be ten
3 34 dollars.
35	4.	An urban deer control ordinance is not effective until
1 it has been approved by the department of natural resources.
4	2	5.	The department of natural resources shall adopt rules
4	3 in accordance with chapter 17A necessary for the
4	4 administration of this section.
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4	8	CHRISTOPHER C. RANTS
4	9	Speaker of the House
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4 13	JEFFREY M. LAMBERTI
4 14	President of the Senate
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4 16	I hereby certify that this bill originated in the House and
4 17 is known as House File 2546, Eighty=first General Assembly. 4 18
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4 20
4 21	MARGARET THOMSON
4 22	Chief Clerk of the House
4 23 Approved	, 2006
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4 27 THOMAS J. VILSACK
4 28 Governor