House File 158
HOUSE FILE
BY MERTZ
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to farm deer and providing for an effective date.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 2050HH 80
4 da/cf/24
PAG LIN
1 1 Section 1. Section 10.1, subsection 14, Code 2003, is
1 2 amended to read as follows:
1 3 14. "Livestock" means an animal belonging to the bovine,
1 4 caprine, equine, ovine, or porcine species, ostriches, rheas,
1 5 emus, farm deer as defined in section 481A.1 189A.2, or
1 6 poultry.
1 7 Sec. 2. Section 169A.1, subsection 1, Code 2003, is
1 8 amended to read as follows:
1 9 1. "Animal" means a creature belonging to the bovine,
1 10 caprine, equine, ovine, or porcine species; ostriches, rheas,
1 11 or emus; farm deer as defined in section 481A.1 189A.2; or
1 12 poultry.
1 13 Sec. 3. Section 169C.1, subsection 3, Code 2003, is
1 14 amended to read as follows:
1 15 3. "Livestock" means an animal belonging to the bovine,
1 16 caprine, equine, ovine, or porcine species; ostriches, rheas,
1 17 or emus; farm deer as defined in section 481A.1 189A.2; or
1 18 poultry.
1 19 Sec. 4. Section 189A.2, subsection 6A, Code 2003, is
1 20 amended to read as follows:
1 21 6A. "Farm deer" means an animal belonging to the cervidae
1 22 family and classified as part of the dama species of the dama
1 23 genus, commonly referred to as fallow deer; part of the
1 24 elaphus species of the cervus genus, commonly referred to as
1 25 red deer or elk; part of the virginianus species of the
1 26 odocioleus genus commonly referred to as whitetail; or part of
1 27 the nippon species of the cervus genus, commonly referred to
1 28 as sika. However, a farm deer does not include any unmarked
1 29 free=ranging elk or whitetail.
1 30 Sec. 5. Section 190C.1, subsection 12, Code 2003, is
1 31 amended to read as follows:
1 32 12. "Livestock" means an animal belonging to the bovine,
1 33 caprine, equine, ovine, or porcine species; ostriches, rheas,
1 34 or emus; farm deer as defined in section 481A.1 189A.2; or
1 35 poultry.
2 1 Sec. 6. Section 481A.1, Code 2003, is amended by adding
2 2 the following new subsection:
2 3 NEW SUBSECTION. 16A. "Farm deer" means the same as
2 4 defined in section 189A.2.
2 5 Sec. 7. Section 481A.1, subsection 20, paragraph h, Code
2 6 2001, is amended to read as follows:
2 7 h. The Cervidae: such as elk or deer, other than farm
2 8 deer. As used in this paragraph, "farm deer" means an animal
2 9 belonging to the cervidae family and classified as part of the
2 10 dama species of the dama genus, commonly referred to as fallow
2 11 deer; part of the elaphus species of the cervus genus,
2 12 commonly referred to as red deer or elk; or part of the nippon
2 13 species of the cervus genus, commonly referred to as sika.
2 14 However, a farm deer does not include any unmarked free=
2 15 ranging elk.
2 16 Sec. 8. Section 481A.1, Code 2003, is amended by adding
2 17 the following new subsection:
2 18 NEW SUBSECTION. 33A. "Whitetail" means an animal
2 19 belonging to the cervidae family and classified as part of the
2 20 virginianus species of the odocioleus genus commonly referred
2 21 to as whitetail.
2 22 Sec. 9. Section 481A.124, subsection 2, Code 2003, is
2 23 amended to read as follows:
2 24 2. This section only applies to deer of the species
2 25 whitetail only other than farm deer.
2 26 Sec. 10. Section 481A.130, Code 2003, is amended by adding
2 27 the following new subsection:
2 28 NEW SUBSECTION. 3. This section does not apply to a
2 29 person who fails to exclude an ungulate that is property of
2 30 the state from becoming part of a hunting preserve licensed
2 31 under chapter 484B if the person acts in compliance with
2 32 section 484B.5.
2 33 Sec. 11. Section 484B.5, Code 2003, is amended to read as
2 34 follows:
2 35 484B.5 BOUNDARIES SIGNED == FENCED.
3 1 Upon receipt of a hunting preserve license, the licensee
3 2 shall promptly sign post signs around the licensed property
3 3 with signs of the hunting preserve as prescribed by the
3 4 department. A licensee holding and releasing who may release
3 5 ungulates into the hunting preserve shall construct and
3 6 maintain a boundary fences fence around the hunting preserve
3 7 as prescribed by the department so as to. The boundary fence
3 8 shall enclose the property and be constructed to contain all
3 9 released ungulates and. Upon the construction of the boundary
3 10 fence, the licensee shall notify the department in writing
3 11 according to procedures required by the department that the
3 12 fence has been constructed. For thirty days following receipt
3 13 of the notice, the department may enter the hunting preserve
3 14 to exclude all ungulates which are property of the state from
3 15 becoming a part of the hunting preserve enterprise. The
3 16 department may treat any enclosed ungulate in the hunting
3 17 preserve as property of the state. After the end of the
3 18 thirty=day period, the state shall relinquish its property
3 19 interest in any remaining enclosed ungulate, which shall
3 20 become property of the licensee.
3 21 Sec. 12. Section 484B.14, Code 2003, is amended to read as
3 22 follows:
3 23 484B.14 PENALTIES.
3 24 1. A person who violates a provision of this chapter or a
3 25 rule adopted under this chapter is guilty of a simple
3 26 misdemeanor.
3 27 2. A person who fails to exclude an ungulate that is
3 28 property of the state from becoming part of a hunting preserve
3 29 licensed under this chapter shall not be subject to the
3 30 penalty provided in this section or to a civil or criminal
3 31 penalty provided in any other chapter, if the person acts in
3 32 compliance with section 484B.5.
3 33 Sec. 13. Section 717.1, subsection 2, Code 2003, is
3 34 amended to read as follows:
3 35 2. "Livestock" means an animal belonging to the bovine,
4 1 caprine, equine, ovine, or porcine species, ostriches, rheas,
4 2 emus; farm deer, as defined in section 481A.1 189A.2; or
4 3 poultry.
4 4 Sec. 14. EFFECTIVE DATE. This bill, being deemed of
4 5 immediate importance, takes effect upon enactment.
4 6 EXPLANATION
4 7 This bill relates to farm deer, which is an animal
4 8 generally classified as belonging to the cervidae family that
4 9 is more narrowly referred to in common use as fallow deer, red
4 10 deer, elk, or sika. A farm deer does not include any unmarked
4 11 free=ranging elk. These types of cervidae are considered
4 12 livestock for a number of provisions throughout the Code,
4 13 including branding regulations under Code chapter 169A,
4 14 trespassing livestock under Code chapter 169C, meat and
4 15 poultry inspection under Code chapter 189A, organic
4 16 agricultural production under Code chapter 190C, exemptions
4 17 from sales tax for inputs under Code section 422.45, and
4 18 livestock neglect and abuse under Code chapter 717.
4 19 Farm deer are generally excluded from provisions referring
4 20 to game in chapters administered by the department of natural
4 21 resources providing for wildlife conservation and hunting
4 22 regulations (see Code section 481A.1).
4 23 The bill adds whitetail to the definition of farm deer, but
4 24 excludes whitetail that are free=ranging.
4 25 The bill amends a number of provisions referring to the
4 26 definition of "farm deer" that currently exist in the Code.
4 27 The bill also amends Code chapter 484B, which provides for
4 28 the licensure of hunting preserves. Under current law, a
4 29 person obtaining a license to establish a hunting preserve
4 30 must exclude ungulates, including whitetail, prior to
4 31 enclosing the hunting preserve and populating it with
4 32 ungulates owned by the person. The bill amends Code section
4 33 484B.5 to provide that the department may have access to the
4 34 area within the boundary fences in order to remove ungulates
4 35 that are property of the state from becoming a part of the
5 1 hunting preserve.
5 2 The bill provides that a penalty that might apply to a
5 3 person who takes an ungulate that is property of the state
5 4 does not apply to a person who fails to exclude the ungulate
5 5 from a hunting preserve, if the person acts in compliance with
5 6 the requirements of Code section 484B.5.
5 7 The bill takes effect upon enactment.
5 8 LSB 2050HH 80
5 9 da/cf/24