House File 2546 - Introduced
HOUSE FILE
BY COMMITTEE ON NATURAL
RESOURCES
(SUCCESSOR TO HF 2056)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to public and private landowners' immunity from
2 premises liability during urban deer control hunts authorized
3 by municipal ordinances.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5478HV 81
6 av/gg/14
PAG LIN
1 1 Section 1. NEW SECTION. 481A.40 URBAN DEER CONTROL.
1 2 1. As used in this section, unless the context clearly
1 3 requires a different meaning:
1 4 a. "Municipality" means a city or county in this state.
1 5 b. "Urban deer control" means deer hunting with a bow and
1 6 arrow on public or private land in a municipality, without
1 7 charge, as authorized by a municipal ordinance, for the
1 8 purpose of reducing or stabilizing an urban deer population in
1 9 the municipality.
1 10 2. An owner of public or private land shall not be liable
1 11 for loss arising from personal injury or property damage
1 12 occurring as a consequence of allowing urban deer control on
1 13 the owner's property.
1 14 3. A municipal ordinance which authorizes urban deer
1 15 control shall allow participation in urban deer control only
1 16 by trained volunteer bow hunters and shall include conditions
1 17 intended to minimize the risk of injury to people and
1 18 property. An urban deer control ordinance is not effective
1 19 until the ordinance has been approved by the department of
1 20 natural resources.
1 21 4. A hunter who participates in urban deer control
1 22 pursuant to this section shall be otherwise qualified to hunt
1 23 deer in this state, have a hunting license and pay the
1 24 wildlife habitat fee, and obtain a special urban deer control
1 25 hunting license valid only for the dates, locations, and type
1 26 of deer specified on the license. Special deer hunting
1 27 licenses issued pursuant to this section shall be available
1 28 only to residents and shall cost the same as deer hunting
1 29 licenses issued during general deer seasons. The commission
1 30 may establish procedures for issuing more than one license per
1 31 person as necessary to achieve the purposes of urban deer
1 32 control, and the cost of each additional license shall be ten
1 33 dollars.
1 34 5. The commission shall adopt rules in accordance with
1 35 chapter 17A necessary for the administration of this section.
2 1 EXPLANATION
2 2 This bill provides immunity from premises liability to
2 3 public and private landowners who allow bow hunting of deer on
2 4 their property for the purpose of urban deer control, pursuant
2 5 to a municipal ordinance.
2 6 The bill defines "urban deer control" as deer hunting with
2 7 a bow and arrow on public or private land in a municipality,
2 8 without charge, as authorized by a municipal ordinance, for
2 9 the purpose of reducing or stabilizing an urban deer
2 10 population in the municipality.
2 11 The bill provides that such a landowner is not liable for
2 12 loss arising from personal injury or property damage occurring
2 13 as a consequence of allowing urban deer control on the owner's
2 14 property.
2 15 The bill allows a municipality, i.e., any city or county in
2 16 the state, to adopt an ordinance authorizing trained,
2 17 volunteer hunters to hunt deer with a bow and arrow within the
2 18 municipality, without charge, for the purpose of urban deer
2 19 control.
2 20 The municipal ordinance is required to include conditions,
2 21 which are intended to minimize the risk of injury to persons
2 22 and property.
2 23 A hunter who participates in urban deer control pursuant to
2 24 a municipal ordinance is required to be otherwise qualified to
2 25 hunt deer in this state, have a hunting license and pay the
2 26 wildlife habitat fee, and obtain a special urban deer control
2 27 hunting license valid only for the dates, locations, and type
2 28 of deer specified on the license. Such special deer hunting
2 29 licenses are available only to residents and cost the same as
2 30 deer hunting licenses issued during general deer seasons,
2 31 which is $25.50. The natural resource commission may
2 32 establish procedures for issuing more than one license per
2 33 person as necessary to achieve the purposes of urban deer
2 34 control, and the cost of each additional license is $10.
2 35 An urban deer control ordinance is not effective until it
3 1 has been approved by the department of natural resources. The
3 2 department is also required to adopt rules in accordance with
3 3 Code chapter 17A necessary for the administration of the
3 4 ordinance provision.
3 5 LSB 5478HV 81
3 6 av:rj/gg/14