Senate File 421
SENATE FILE
BY COMMITTEE ON AGRICULTURE
(SUCCESSOR TO SF 248)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act regulating farm deer, providing for penalties, and
2 providing an effective date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2435SV 80
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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.1 170.1, 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.1 170.1; 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.1 170.1; or
1 18 poultry.
1 19 Sec. 4. NEW SECTION. 170.1 DEFINITIONS.
1 20 As used in this chapter, unless the context otherwise
1 21 requires:
1 22 1. "Chronic wasting disease" means the animal disease
1 23 afflicting deer and elk that is a transmissible disease of the
1 24 nervous system resulting in distinctive lesions in the brain
1 25 and that belongs to the group of diseases that is known as
1 26 transmissible spongiform encephalopathies (TSE).
1 27 2. "Council" means the farm deer council established
1 28 pursuant to section 170.2.
1 29 3. "Department" means the department of agriculture and
1 30 land stewardship.
1 31 4. "Farm deer" means an animal belonging to the cervidae
1 32 family and classified as part of the dama species of the dama
1 33 genus, commonly referred to as fallow deer; part of the
1 34 elaphus species of the cervus genus, commonly referred to as
1 35 red deer or elk; part of the virginianus species of the
2 1 odocioleus genus, commonly referred to as whitetail; part of
2 2 the hemionus species of the odocioleus genus, commonly
2 3 referred to as mule deer; or part of the nippon species of the
2 4 cervus genus, commonly referred to as sika. However, a farm
2 5 deer does not include any unmarked free=ranging elk,
2 6 whitetail, or mule deer.
2 7 5. "Landowner" means a person who holds an interest in
2 8 land, including a titleholder or tenant.
2 9 Sec. 5. NEW SECTION. 170.2 FARM DEER COUNCIL.
2 10 1. A farm deer council is established within the
2 11 department.
2 12 a. The council shall consist of not more than seven
2 13 members who shall be appointed by the secretary of
2 14 agriculture. All members must be actively engaged in the
2 15 production of farm deer and at least four members must be
2 16 actively engaged in the production of whitetail as farm deer.
2 17 b. The members of the council shall serve staggered terms
2 18 of two years, except that the initial council members shall
2 19 serve terms of unequal length. A person appointed to fill a
2 20 vacancy for a member shall serve only for the unexpired
2 21 portion of the term. A member is eligible for reappointment
2 22 for three successive terms.
2 23 c. The council shall elect a chairperson and meet
2 24 according to rules adopted by the council. A majority of the
2 25 council constitutes a quorum and an affirmative vote of a
2 26 majority of members is necessary for substantive action taken
2 27 by the council. The majority shall not include any member who
2 28 has a conflict of interest and a statement by a member of a
2 29 conflict of interest shall be conclusive for this purpose. A
2 30 vacancy in the membership does not impair the right of a
2 31 quorum to exercise all rights and perform all duties of the
2 32 council.
2 33 d. A member of the council is not entitled to receive
2 34 expenses incurred in the discharge of the member's duties on
2 35 the council. A member is also not entitled to receive
3 1 compensation as otherwise provided in section 7E.6.
3 2 2. The council shall do all of the following:
3 3 a. Monitor conditions relating to the production of farm
3 4 deer, the processing of farm deer products, and the marketing
3 5 of such products. The council shall advise the department
3 6 about health issues affecting farm deer, including but not
3 7 limited to chronic wasting disease, and related regulations or
3 8 practices.
3 9 b. Advise the department about the administration and
3 10 enforcement of this chapter, including but not limited to
3 11 consulting with the department regarding the rules adopted
3 12 under this chapter, the certification of fences, and
3 13 disciplinary actions. However, the council shall not control
3 14 policy decisions or direct the administration or enforcement
3 15 of this chapter.
3 16 Sec. 6. NEW SECTION. 170.3 JURISDICTION OF THE
3 17 DEPARTMENT OF NATURAL RESOURCES == COOPERATION WITH THE
3 18 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP.
3 19 1. Except as provided in this chapter, farm deer are
3 20 livestock as provided in this title and are not subject to
3 21 regulation by the department of natural resources. The
3 22 department of natural resources shall not require that the
3 23 landowner be issued a license or permit for keeping farm deer
3 24 or for the construction of a fence for keeping farm deer.
3 25 2. The department of agriculture and land stewardship and
3 26 the department of natural resources shall cooperate in
3 27 administering and enforcing this chapter.
3 28 Sec. 7. NEW SECTION. 170.4 REQUIREMENTS FOR KEEPING
3 29 WHITETAIL == CERTIFICATION.
3 30 A landowner shall not keep whitetail as farm deer, unless
3 31 the whitetail is kept on land which is enclosed by a fence.
3 32 The fence must be constructed and maintained as prescribed by
3 33 rules adopted by the department. A landowner shall not keep
3 34 the whitetail unless the fence is certified in a manner and
3 35 according to procedures required by the department. The
4 1 department may require that the fence is inspected and
4 2 approved prior to certification.
4 3 Sec. 8. NEW SECTION. 170.5 REQUIREMENTS FOR RELEASING
4 4 WHITETAIL == PROPERTY INTERESTS.
4 5 A person shall not release whitetail kept as farm deer onto
4 6 land unless the landowner complies with all of the following:
4 7 1. The landowner must notify the department of natural
4 8 resources at least thirty days prior to first releasing the
4 9 whitetail on the land. The notice shall be provided in a
4 10 manner required by that department. The notice must at least
4 11 provide all of the following:
4 12 a. A statement verifying that the fence which encloses the
4 13 land is certified by the department pursuant to section 170.4.
4 14 b. The landowner's name.
4 15 c. The location of the land enclosed by the fence.
4 16 2. The landowner must provide access to land by the
4 17 department of natural resources for one or more days as
4 18 required by that department to remove any whitetail from the
4 19 enclosed land. Any whitetail that is removed from the
4 20 enclosed land shall be deemed to be state property. However,
4 21 after the thirtieth day following receipt of notice, the state
4 22 shall relinquish its property interest in any remaining
4 23 whitetail existing at that time on the enclosed land and any
4 24 progeny of the whitetail, which shall become property of the
4 25 landowner.
4 26 Sec. 9. NEW SECTION. 170.6 DISCIPLINARY PROCEEDINGS.
4 27 1. The department may suspend or revoke a certification
4 28 issued pursuant to section 170.4 if the department determines
4 29 that a landowner has done any of the following:
4 30 a. Provided false information to the department in an
4 31 application for certification pursuant to section 170.4.
4 32 b. Failed to provide notice or access to the department of
4 33 natural resources as required by section 170.5.
4 34 c. Failed to maintain a fence enclosing the land where a
4 35 whitetail is kept as required in section 170.4.
5 1 d. Forces or lures a whitetail that is property of the
5 2 state onto the enclosed land.
5 3 e. Restrains or inhibits a whitetail that is property of
5 4 the state from leaving the enclosed land.
5 5 f. Takes a whitetail that is property of the state which
5 6 is enclosed on the property in violation of a chapter in Title
5 7 XI, subtitle 6.
5 8 2. If the department suspends a landowner's certification,
5 9 the landowner shall not release additional whitetail onto the
5 10 enclosed land, unless otherwise provided in the department's
5 11 order for suspension. If the department revokes a landowner's
5 12 certification under this section, the department may provide
5 13 for any of the following:
5 14 a. The removal of all or a portion of the gates to the
5 15 fence enclosing the land. The landowner shall not restrain or
5 16 inhibit the movement of whitetail leaving the enclosed land
5 17 for a period provided in the department's order for
5 18 revocation. The removal of all or a portion of the gates
5 19 shall be supervised by the sheriff in the county in which the
5 20 land is located.
5 21 b. The removal of all or a percentage of whitetail from
5 22 the enclosed land by the department of natural resources, if
5 23 the department of natural resources consents to removing the
5 24 whitetail. However, the department of natural resources must
5 25 remove the whitetail within thirty days after receiving notice
5 26 by the department of agriculture and land stewardship.
5 27 Sec. 10. NEW SECTION. 170.7 DEPARTMENT OF NATURAL
5 28 RESOURCES == INVESTIGATIONS.
5 29 This chapter does not prevent the department of natural
5 30 resources from conducting an investigation of a violation of
5 31 fish and game laws, including but not limited to a provision
5 32 of Title XI, subtitle 6. The department of natural resources
5 33 may obtain a warrant to search the enclosed land pursuant to
5 34 chapter 808.
5 35 Sec. 11. NEW SECTION. 170.8 PENALTIES.
6 1 A person is guilty of taking a whitetail in violation of
6 2 section 481A.48 if the whitetail is on the land enclosed by a
6 3 fence required to be certified as provided in section 170.4
6 4 and the person does any of the following:
6 5 1. Forces or lures a whitetail that is property of the
6 6 state onto the enclosed land.
6 7 2. Restrains or inhibits a whitetail that is property of
6 8 the state from leaving the enclosed land.
6 9 3. Takes a whitetail that is property of the state that is
6 10 within the enclosure in violation of a chapter in Title XI,
6 11 subtitle 6.
6 12 Sec. 12. Section 189A.2, subsection 6A, Code 2003, is
6 13 amended by striking the subsection and inserting in lieu
6 14 thereof the following:
6 15 6A. "Farm deer" means the same as defined in section
6 16 170.1.
6 17 Sec. 13. Section 190C.1, subsection 12, Code 2003, is
6 18 amended to read as follows:
6 19 12. "Livestock" means an animal belonging to the bovine,
6 20 caprine, equine, ovine, or porcine species; ostriches, rheas,
6 21 or emus; farm deer as defined in section 481A.1 170.1; or
6 22 poultry.
6 23 Sec. 14. Section 481A.1, Code 2003, is amended by adding
6 24 the following new subsection:
6 25 NEW SUBSECTION. 16A. "Farm deer" means the same as
6 26 defined in section 170.1.
6 27 Sec. 15. Section 481A.1, subsection 20, paragraph h, Code
6 28 2003, is amended to read as follows:
6 29 h. The Cervidae: such as elk or deer, other than farm
6 30 deer. As used in this paragraph, "farm deer" means an animal
6 31 belonging to the cervidae family and classified as part of the
6 32 dama species of the dama genus, commonly referred to as fallow
6 33 deer; part of the elaphus species of the cervus genus,
6 34 commonly referred to as red deer or elk; or part of the nippon
6 35 species of the cervus genus, commonly referred to as sika.
7 1 However, a farm deer does not include any unmarked free=
7 2 ranging elk.
7 3 Sec. 16. Section 481A.1, Code 2003, is amended by adding
7 4 the following new subsection:
7 5 NEW SUBSECTION. 33A. "Whitetail" means an animal
7 6 belonging to the cervidae family and classified as part of the
7 7 virginianus species of the odocioleus genus, commonly referred
7 8 to as whitetail.
7 9 Sec. 17. Section 481A.124, subsection 2, Code 2003, is
7 10 amended to read as follows:
7 11 2. This section only applies to deer of the species
7 12 whitetail only, other than farm deer, that is kept as provided
7 13 in chapter 170.
7 14 Sec. 18. Section 481A.130, Code 2003, is amended by adding
7 15 the following new subsection:
7 16 NEW SUBSECTION. 3. This section does not apply to a
7 17 person who fails to exclude an ungulate that is property of
7 18 the state from becoming part of a hunting preserve licensed
7 19 under chapter 484B if the person acts in compliance with
7 20 section 484B.5.
7 21 Sec. 19. Section 484B.3, Code 2003, is amended by adding
7 22 the following new unnumbered paragraph:
7 23 NEW UNNUMBERED PARAGRAPH. The chapter does not apply to
7 24 keeping farm deer as defined in section 170.1.
7 25 Sec. 20. Section 717.1, subsection 2, Code 2003, is
7 26 amended to read as follows:
7 27 2. "Livestock" means an animal belonging to the bovine,
7 28 caprine, equine, ovine, or porcine species, ostriches, rheas,
7 29 emus; farm deer, as defined in section 481A.1 170.1; or
7 30 poultry.
7 31 Sec. 21. HUNTING PRESERVES AND GAME BREEDERS == AUTOMATIC
7 32 CERTIFICATION. Any farm deer kept on land which is owned by a
7 33 person licensed pursuant to section 484B.5 or 481A.61 and
7 34 which is enclosed with a fence on the effective date of this
7 35 Act shall be deemed to comply with construction requirements
8 1 of section 170.4 and shall be automatically certified by the
8 2 department of agriculture and land stewardship without
8 3 submitting an application. The landowner is not required to
8 4 notify the department of natural resources concerning removal
8 5 of whitetail as otherwise required pursuant to section 170.5.
8 6 Sec. 22. EFFECTIVE DATE. This Act, being deemed of
8 7 immediate importance, takes effect upon enactment.
8 8 EXPLANATION
8 9 This bill relates to farm deer, which is an animal
8 10 generally classified as belonging to the cervidae family that
8 11 is more narrowly referred to in common use as fallow deer, red
8 12 deer, elk, or sika. A farm deer does not include any unmarked
8 13 free=ranging elk. These types of cervidae are considered
8 14 livestock under a number of provisions throughout the Code,
8 15 including branding regulations under Code chapter 169A,
8 16 trespassing livestock under Code chapter 169C, meat and
8 17 poultry inspection under Code chapter 189A, organic
8 18 agricultural production under Code chapter 190C, exemptions
8 19 from sales tax for inputs under Code section 422.45, and
8 20 livestock neglect and abuse under Code chapter 717.
8 21 Farm deer are generally excluded from provisions referring
8 22 to game in chapters administered by the department of natural
8 23 resources providing for wildlife conservation and hunting
8 24 regulations (see Code section 481A.1).
8 25 The bill adds whitetail and mule deer to the definition of
8 26 farm deer, but excludes such deer that are free=ranging.
8 27 The bill amends a number of provisions referring to the
8 28 definition of "farm deer" that currently exist in the Code in
8 29 order to provide for uniformity.
8 30 The bill establishes a new Code chapter 170 under the
8 31 jurisdiction of the department of agriculture and land
8 32 stewardship (department). The bill establishes a farm deer
8 33 council to advise the department relating to farm deer,
8 34 including issues involving health and regulations. The
8 35 council consists of members actively engaged in the production
9 1 of farm deer. The bill prohibits a landowner from keeping
9 2 whitetail as farm deer, unless the whitetail is kept on land
9 3 which is enclosed by a fence as prescribed by rules adopted by
9 4 the department. In addition, the fence must be certified by
9 5 the department. According to the bill, after the fence is
9 6 constructed and certified, the department of natural resources
9 7 has 30 days to remove any whitetail from the enclosed land.
9 8 However, after the thirtieth day, any remaining whitetail and
9 9 its progeny become property of the landowner.
9 10 The bill provides that a person keeping farm deer who is
9 11 licensed to maintain a hunting preserve or as a game breeder
9 12 by the department of natural resources on the effective date
9 13 of the bill is automatically certified. The bill provides
9 14 that the department may suspend or revoke a certification for
9 15 fraud, failure to provide access to the department of natural
9 16 resources, failure to maintain a proper fence, luring
9 17 whitetail that are property of the state into the enclosure,
9 18 or restraining them from leaving.
9 19 The bill provides that the department of natural resources
9 20 may conduct an investigation of a violation of fish and game
9 21 laws and may obtain a warrant to search the enclosed land.
9 22 If a person lures whitetail which are property of the state
9 23 into the enclosure or keeps them in the enclosure, the person
9 24 is guilty of taking a deer out of season as prohibited in Code
9 25 section 481A.48 as enforced by the department of natural
9 26 resources. According to Code section 481A.130, a person who
9 27 takes a deer in violation of Code section 481A.48 is subject
9 28 to a civil penalty of $1,500. However, for taking an antlered
9 29 deer during September, October, November, or December before
9 30 the regular gun season, the civil penalty is $2,000 and 80
9 31 hours of community service or, in lieu of the community
9 32 service, a total of $4,000. The person is also subject to a
9 33 scheduled violation under Code section 805.8B, which is $100.
9 34 The bill takes effect upon enactment.
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