House File 2056 - Introduced
HOUSE FILE
BY LYKAM, J.R. VAN FOSSEN,
and HUTTER
(COMPANION TO LSB 5478SS BY
TINSMAN)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act allowing private landowners limited immunity from premises
2 liability during urban deer control hunts.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5478HH 81
5 av/gg/14
PAG LIN
1 1 Section 1. Section 461C.1, Code 2005, is amended to read
1 2 as follows:
1 3 461C.1 PURPOSE.
1 4 The purpose of this chapter is to encourage private owners
1 5 of land to make land and water areas available to the public
1 6 for recreational purposes and for urban deer control by
1 7 limiting their liability toward persons entering thereon for
1 8 such purposes.
1 9 Sec. 2. Section 461C.2, subsection 3, Code 2005, is
1 10 amended to read as follows:
1 11 3. "Land" means private land located in a municipality
1 12 including abandoned or inactive surface mines, caves, and land
1 13 used for agricultural purposes, including marshlands, timber,
1 14 grasslands and the privately owned roads, water, water
1 15 courses, private ways and buildings, structures and machinery
1 16 or equipment appurtenant thereto.
1 17 Sec. 3. Section 461C.2, Code 2005, is amended by adding
1 18 the following new subsections:
1 19 NEW SUBSECTION. 3A. "Municipality" means any city or
1 20 county in the state.
1 21 NEW SUBSECTION. 5. "Urban deer control" means deer
1 22 hunting with a bow and arrow on private land in a
1 23 municipality, without charge, as authorized by a municipal
1 24 ordinance, for the purpose of reducing or stabilizing an urban
1 25 deer population in the municipality.
1 26 Sec. 4. Section 461C.3, Code 2005, is amended to read as
1 27 follows:
1 28 461C.3 LIABILITY OF OWNER LIMITED.
1 29 Except as specifically recognized by or provided in section
1 30 461C.6, an owner of land owes no duty of care to keep the
1 31 premises safe for entry or use by others for recreational
1 32 purposes or urban deer control, or to give any warning of a
1 33 dangerous condition, use, structure, or activity on such
1 34 premises to persons entering for such purposes.
1 35 Sec. 5. Section 461C.4, unnumbered paragraph 1, Code 2005,
2 1 is amended to read as follows:
2 2 Except as specifically recognized by or provided in section
2 3 461C.6, a holder of land who either directly or indirectly
2 4 invites or permits without charge any person to use such
2 5 property for recreational purposes or urban deer control does
2 6 not thereby:
2 7 Sec. 6. Section 461C.5, Code 2005, is amended to read as
2 8 follows:
2 9 461C.5 DUTIES AND ABILITIES OF OWNER OF LEASED LAND.
2 10 Unless otherwise agreed in writing, the provisions of
2 11 sections 461C.3 and 461C.4 shall be deemed applicable to the
2 12 duties and liability of an owner of land leased, or any
2 13 interest or right therein transferred to, or the subject of
2 14 any agreement with, the United States or any agency thereof,
2 15 or the state or any agency or subdivision thereof, for
2 16 recreational purposes or urban deer control.
2 17 Sec. 7. Section 461C.6, subsection 2, Code 2005, is
2 18 amended to read as follows:
2 19 2. For injury suffered in any case where the owner of land
2 20 charges the person or persons who enter or go on the land for
2 21 the recreational use thereof or for deer hunting, except that
2 22 in the case of land or any interest or right therein, leased
2 23 or transferred to, or the subject of any agreement with, the
2 24 United States or any agency thereof or the state or any agency
2 25 thereof or subdivision thereof, any consideration received by
2 26 the holder for such lease, interest, right or agreement, shall
2 27 not be deemed a charge within the meaning of this section.
2 28 Sec. 8. Section 461C.7, subsection 2, Code 2005, is
2 29 amended to read as follows:
2 30 2. Relieve any person using the land of another for
2 31 recreational purposes or urban deer control from any
2 32 obligation which the person may have in the absence of this
2 33 chapter to exercise care in the use of such land and in the
2 34 person's activities thereon, or from the legal consequences of
2 35 failure to employ such care.
3 1 Sec. 9. NEW SECTION. 461C.8 URBAN DEER CONTROL ==
3 2 MUNICIPAL ORDINANCE.
3 3 1. A municipality may adopt an ordinance authorizing
3 4 trained, volunteer hunters to hunt deer with a bow and arrow
3 5 on private land within the municipality, without charge, for
3 6 the purpose of urban deer control.
3 7 2. The ordinance shall specify all of the following:
3 8 a. How a person qualifies to participate in urban deer
3 9 control.
3 10 b. Where urban deer control can occur.
3 11 c. Conditions under which urban deer control can be
3 12 conducted, which are intended to minimize the risk of injury
3 13 to persons and property.
3 14 3. A hunter who participates in urban deer control
3 15 pursuant to this section shall be otherwise qualified to hunt
3 16 deer in this state, have a hunting license and pay the
3 17 wildlife habitat fee, and obtain a special deer hunting
3 18 license valid only for the dates, locations, and type of deer
3 19 specified on the license. Special deer hunting licenses
3 20 issued pursuant to this section shall be available only to
3 21 residents and shall cost the same as deer hunting licenses
3 22 issued during general deer seasons. The commission may
3 23 establish procedures for issuing more than one license per
3 24 person as necessary to achieve the purposes of urban deer
3 25 control, and the cost of each additional license shall be ten
3 26 dollars.
3 27 4. An urban deer control ordinance is not effective until
3 28 it has been approved by the department of natural resources.
3 29 5. The department of natural resources shall adopt rules
3 30 in accordance with chapter 17A necessary for the
3 31 administration of this section.
3 32 EXPLANATION
3 33 This bill provides limited immunity from premises liability
3 34 to private landowners who allow bow hunting of deer on their
3 35 property for the purpose of urban deer control, pursuant to a
4 1 municipal ordinance.
4 2 The bill defines "urban deer control" as deer hunting with
4 3 a bow and arrow on private land in a municipality, without
4 4 charge, as authorized by a municipal ordinance, for the
4 5 purpose of reducing or stabilizing an urban deer population in
4 6 the municipality.
4 7 The bill provides that such a landowner does not owe a duty
4 8 of care to keep the premises safe for entry or use by such
4 9 deer hunters, or to give warnings of dangerous conditions,
4 10 uses, structures, or activities on the premises to such deer
4 11 hunters. The bill also provides that the deer hunters do not
4 12 have the status of invitees or licensees.
4 13 The bill does not limit the landowner's liability for a
4 14 malicious failure to warn of danger or for injuries that occur
4 15 when the landowner charges the hunter to go on the land.
4 16 The bill does not create a duty of care or ground of
4 17 liability for injury to persons or property. The bill does
4 18 not relieve a deer hunter from any obligation to exercise care
4 19 in the use of the land and in the deer hunter's activities, or
4 20 from the legal consequences of the hunter's failure to employ
4 21 such care.
4 22 The bill allows a municipality, i.e., any city or county in
4 23 the state, to adopt an ordinance authorizing trained,
4 24 volunteer hunters to hunt deer with a bow and arrow within the
4 25 municipality, without charge, for the purpose of urban deer
4 26 control.
4 27 The municipal ordinance is required to specify how a person
4 28 qualifies to participate in urban deer control, where urban
4 29 deer control can occur, and the conditions under which urban
4 30 deer control can be conducted, which are intended to minimize
4 31 the risk of injury to persons and property.
4 32 A hunter who participates in urban deer control pursuant to
4 33 a municipal ordinance is required to be otherwise qualified to
4 34 hunt deer in this state, have a hunting license and pay the
4 35 wildlife habitat fee, and obtain a special deer hunting
5 1 license valid only for the dates, locations, and type of deer
5 2 specified on the license. Such special deer hunting licenses
5 3 are available only to residents and cost the same as deer
5 4 hunting licenses issued during general deer seasons, which is
5 5 $25.50. The natural resource commission may establish
5 6 procedures for issuing more than one license per person as
5 7 necessary to achieve the purposes of urban deer control, and
5 8 the cost of each additional license is $10.
5 9 An urban deer control ordinance is not effective until it
5 10 has been approved by the department of natural resources. The
5 11 department is also required to adopt rules in accordance with
5 12 Code chapter 17A necessary for the administration of the
5 13 ordinance provision.
5 14 Limited immunity from premises liability is currently
5 15 available to private landowners who allow public use of their
5 16 land without charge for recreational purposes such as hunting,
5 17 trapping, horseback riding, fishing, swimming, and similar
5 18 activities.
5 19 LSB 5478HH 81
5 20 av:rj/gg/14