House File 177 - Introduced HOUSE FILE 177 BY HANSON , GASKILL , HALL , THEDE , WESSEL-KROESCHELL , and KELLEY A BILL FOR An Act relating to the keeping of farm deer and preserve 1 whitetail and including penalties and applicability 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1249YH (10) 85 av/sc
H.F. 177 DIVISION I 1 FARM DEER 2 Section 1. Section 170.1, subsection 5, Code 2013, is 3 amended to read as follows: 4 5. “Fence” “Fencing” means a boundary perimeter fence and a 5 secondary fence which encloses farm deer within a landowner’s 6 property as required to be constructed and maintained pursuant 7 to section 170.4 . 8 Sec. 2. Section 170.2, subsection 2, paragraph b, Code 2013, 9 is amended to read as follows: 10 b. Advise the department about the administration and 11 enforcement of this chapter , including but not limited to 12 consulting with the department regarding the rules adopted 13 under this chapter , the registration of landowners, the 14 certification of fences fencing , and disciplinary actions. 15 However, the council shall not control policy decisions or 16 direct the administration or enforcement of this chapter . 17 Sec. 3. Section 170.3, subsection 1, Code 2013, is amended 18 to read as follows: 19 1. Farm deer are livestock as provided in this title and 20 are principally subject to regulation by the department of 21 agriculture and land stewardship, and also the department of 22 natural resources as specifically provided in this chapter . 23 The regulations adopted by the department of agriculture and 24 land stewardship may shall include but are not limited to 25 providing for the importation, transportation, and disease 26 control of farm deer and for fencing certification and 27 registration requirements under this chapter . The department 28 of natural resources shall not require that the landowner be 29 issued a license or permit for keeping farm deer or for the 30 construction of a fence fencing for keeping farm deer. 31 Sec. 4. Section 170.3A, Code 2013, is amended to read as 32 follows: 33 170.3A Chronic wasting disease control program —— testing . 34 1. The department shall establish and administer a chronic 35 -1- LSB 1249YH (10) 85 av/sc 1/ 12
H.F. 177 wasting disease control program for the control of chronic 1 wasting disease which threatens farm deer. The program shall 2 include procedures for the inspection and testing of farm deer, 3 responses to reported cases of chronic wasting disease, and 4 methods to ensure that owners of farm deer may engage in the 5 movement and sale of farm deer. 6 2. Farm deer that die or are sent for slaughter shall 7 be tested for chronic wasting disease as set forth in rules 8 adopted by the department. The landowner who keeps such farm 9 deer shall pay the full cost of the testing. 10 Sec. 5. Section 170.3B, Code 2013, is amended to read as 11 follows: 12 170.3B Farm deer administration Registration and fee —— proof 13 of financial responsibility . 14 1. The department may establish a farm deer administration A 15 landowner who keeps farm deer under this chapter shall annually 16 register with the department by June 30. A landowner shall not 17 be registered under this section unless the landowner meets the 18 applicable fencing certification and other requirements of this 19 chapter. If a landowner meets the applicable certification and 20 other requirements of this chapter, the landowner shall pay the 21 department a registration fee which shall be annually imposed 22 on each landowner who keeps farm deer in this state. The 23 amount of the fee shall not exceed two hundred be five thousand 24 dollars per year. The fee shall be collected by the department 25 in a manner specified by rules adopted by the department after 26 consulting with the farm deer council established in section 27 170.2 . The collected fees shall be credited to the farm deer 28 administration fund created pursuant to section 170.3C . 29 2. a. An initial application for registration under 30 subsection 1 shall be accompanied by a surety or cash 31 performance bond in conformity with rules adopted by the 32 department, in the principal amount of a minimum of one hundred 33 thousand dollars. The bond shall be executed by a surety 34 company authorized to do business in this state, and the bond 35 -2- LSB 1249YH (10) 85 av/sc 2/ 12
H.F. 177 shall be continuous in nature until canceled by the surety with 1 not less than sixty days’ written notice to both the landowner 2 and to the department. The notice shall indicate the surety’s 3 intent to cancel the bond on a date at least sixty days after 4 the date of the notice. 5 b. The bond shall be payable to the state to indemnify the 6 state for any costs that may be incurred in the event that a 7 confirmed case of chronic wasting disease is found in farm deer 8 kept by the applicant who purchased the bond. 9 Sec. 6. Section 170.3C, subsection 1, Code 2013, is amended 10 to read as follows: 11 1. The fund shall be composed of moneys appropriated by 12 the general assembly and moneys available to and obtained or 13 accepted by the department from the United States or private 14 sources for placement in the fund. The fund shall include all 15 moneys collected from the farm deer administration registration 16 fee as provided in section 170.3B and penalties assessed 17 pursuant to section 170.8, subsection 2 . 18 Sec. 7. Section 170.4, Code 2013, is amended to read as 19 follows: 20 170.4 Requirements for keeping whitetail —— fence fencing 21 certification. 22 A landowner shall not keep whitetail as farm deer, unless the 23 whitetail is kept on land which is enclosed by a double fence , 24 which includes a perimeter fence around the enclosed area and 25 a secondary fence that is a minimum of thirty feet inside the 26 perimeter fence . The fence fences must be constructed and 27 maintained as prescribed by rules adopted by the department. A 28 landowner shall not keep the whitetail unless the fence fencing 29 is certified in a manner and according to procedures required 30 by the department. The fence fences shall be constructed and 31 maintained to ensure that whitetail are kept in the enclosure 32 and that other deer are excluded from the enclosure. A fence 33 that is constructed on or after May 23, 2003, The fences shall 34 be at least eight ten feet in height above ground level. The 35 -3- LSB 1249YH (10) 85 av/sc 3/ 12
H.F. 177 department of agriculture and land stewardship may shall 1 require that the fence is fencing be inspected and approved 2 prior to certification. The department of natural resources 3 may periodically inspect the fence fencing according to 4 appointment with the enclosure’s landowner. 5 Sec. 8. NEW SECTION . 170.4A Missing or escaped farm deer. 6 A landowner who keeps farm deer shall notify the department 7 within forty-eight hours of discovering that a farm deer has 8 escaped or is missing from enclosed land. A farm deer that 9 has escaped or is missing from enclosed land for more than ten 10 days shall be subject to the jurisdiction of the department of 11 natural resources. 12 Sec. 9. Section 170.5, subsection 1, paragraph a, Code 2013, 13 is amended to read as follows: 14 a. A statement verifying that the fence which encloses 15 the land is certified by landowner is registered with the 16 department of agriculture and land stewardship pursuant to 17 section 170.4 170.3B . 18 Sec. 10. Section 170.6, Code 2013, is amended to read as 19 follows: 20 170.6 Disciplinary proceedings. 21 1. The department of agriculture and land stewardship may 22 suspend or revoke a certification registration issued pursuant 23 to section 170.4 170.3B if the department determines that a 24 landowner has done any of the following: 25 a. Provided false information to the department in an 26 application for certification registration pursuant to section 27 170.4 170.3B . 28 b. Failed to provide notice or access to the department of 29 natural resources and the department of agriculture and land 30 stewardship as required by section 170.5 . 31 c. Failed to maintain a fence fencing enclosing the land 32 where a whitetail is kept as required in section 170.4 . 33 d. Forces or lures Forced or lured a whitetail that is 34 property of the state onto the enclosed land. 35 -4- LSB 1249YH (10) 85 av/sc 4/ 12
H.F. 177 e. Restrains or inhibits Restrained or inhibited a whitetail 1 that is property of the state from leaving the enclosed land. 2 f. Takes Taken a whitetail that is property of the state 3 which is enclosed on the property in violation of a chapter in 4 Title XI, subtitle 6 . 5 g. Falsely claimed that a farm deer died or was sent for 6 slaughter when the farm deer escaped or was otherwise sold. 7 h. Failed to maintain proof of financial responsibility as 8 required in section 170.3B. 9 2. If the department suspends a landowner’s certification 10 registration , the landowner shall not release additional 11 whitetail onto the enclosed land, unless otherwise provided 12 in the department’s order for suspension. If the department 13 revokes a landowner’s certification registration under this 14 section , the landowner shall provide for the disposition of the 15 enclosed whitetail by any lawful means. 16 Sec. 11. Section 170.8, Code 2013, is amended to read as 17 follows: 18 170.8 Penalties. 19 1. A person is guilty of taking a whitetail in violation of 20 section 481A.48 if the whitetail is on the land enclosed by a 21 fence fencing required to be certified as provided in section 22 170.4 and the person does any of the following: 23 1. a. Forces or lures a whitetail that is property of the 24 state onto the enclosed land. 25 2. b. Restrains or inhibits a whitetail that is property of 26 the state from leaving the enclosed land. 27 3. c. Takes a whitetail that is property of the state that 28 is within the enclosure in violation of a chapter in Title XI, 29 subtitle 6 . 30 2. A person who falsely claims that a farm deer died or 31 was sent for slaughter when the farm deer escaped or was 32 otherwise sold is subject to a civil penalty of five thousand 33 dollars. The civil penalty shall be deposited in the farm deer 34 administration fund created in section 170.3C. 35 -5- LSB 1249YH (10) 85 av/sc 5/ 12
H.F. 177 Sec. 12. APPLICABILITY. 1 1. The section of this Act amending section 170.4 applies to 2 fencing that is newly constructed on or after July 1, 2013. 3 2. The section of this Act amending section 170.4 is 4 applicable on or after July 1, 2014, to fences constructed 5 before July 1, 2013, and in existence on July 1, 2014. 6 DIVISION II 7 PRESERVE WHITETAIL 8 Sec. 13. Section 484C.1, subsection 5, Code 2013, is amended 9 to read as follows: 10 5. “Fence” “Fencing” means a boundary perimeter fence and 11 a secondary fence which encloses preserve whitetail within 12 a landowner’s property as required to be constructed and 13 maintained pursuant to this chapter . 14 Sec. 14. Section 484C.5, subsection 1, unnumbered paragraph 15 1, Code 2013, is amended to read as follows: 16 A hunting preserve must include at least three hundred 17 twenty contiguous acres which are enclosed by a fence fencing 18 certified pursuant to section 484C.6 . However, the hunting 19 preserve may include a fewer number of enclosed acres if any of 20 the following applies: 21 Sec. 15. Section 484C.6, Code 2013, is amended to read as 22 follows: 23 484C.6 Fencing —— certification Fencing certification —— 24 identification of animals . 25 1. a. A fence Fencing required to enclose preserve 26 whitetail under section 484C.5 must be constructed and 27 maintained as prescribed by rules adopted by the department 28 and as certified by the department. The fence fencing shall 29 be constructed and maintained to ensure that the preserve 30 whitetail are kept in the enclosure and all other whitetail are 31 excluded from the enclosure. 32 2. b. A fence Fencing that was certified by the department 33 of agriculture and land stewardship pursuant to chapter 170 34 prior to July 1, 2005, shall be certified by the department of 35 -6- LSB 1249YH (10) 85 av/sc 6/ 12
H.F. 177 natural resources. 1 3. c. A fence A hunting preserve shall be enclosed by 2 a double fence, which includes a perimeter fence around the 3 enclosed area and a secondary fence that is a minimum of thirty 4 feet inside the perimeter fence. The fences shall be at least 5 eight ten feet in height above ground level. The enclosure 6 perimeter fence shall be posted with signs as prescribed by 7 rules adopted by the department. 8 4. d. The department may shall require that the fence 9 fencing be inspected and approved by the department prior to 10 certification. The department shall periodically inspect 11 the fence fencing at any reasonable time by appointment or 12 by providing the landowner with at least forty-eight hours’ 13 notice. 14 2. Whitetail kept as preserve whitetail shall bear 15 identification that is one of the following: 16 a. An identification ear tag approved by the United States 17 department of agriculture that conforms to the alphanumeric 18 national uniform tagging system as defined in 9 C.F.R. ch. 1, 19 subch. c, pt. 71.1, revised as of July 21, 2006. 20 b. A plastic or other material tag that includes the 21 official herd number issued by the United States department 22 of agriculture, and includes individual animal identification 23 which is no more than five digits and is unique for each 24 animal. 25 c. A legible tattoo, that includes the official herd number 26 issued by the United States department of agriculture, and 27 includes individual animal identification which is no more than 28 five digits and is unique for each animal. 29 d. A plastic or other material tag that provides unique 30 animal identification and is issued and approved by the North 31 American deer farmers association. 32 3. Preserve whitetail previously kept as farm deer 33 that are released on a hunting preserve shall maintain the 34 identification affixed on the whitetail pursuant to chapter 170 35 -7- LSB 1249YH (10) 85 av/sc 7/ 12
H.F. 177 and rules adopted to implement that chapter. 1 Sec. 16. Section 484C.7, Code 2013, is amended to read as 2 follows: 3 484C.7 Registration and fee —— proof of financial 4 responsibility . 5 1. A landowner who keeps preserve whitetail shall annually 6 register the landowner’s hunting preserve with the department 7 by June 30. The A landowner shall not be registered under 8 this section unless the landowner meets the applicable fencing 9 certification and other requirements of this chapter. If a 10 landowner meets the applicable fencing certification and other 11 requirements of this chapter, the landowner shall pay the 12 department a registration fee. The amount of the registration 13 fee shall not exceed three hundred fifty be five thousand 14 dollars per fiscal year. The fee shall be deposited into the 15 state fish and game protection fund. 16 2. a. An initial application for registration under 17 subsection 1 shall be accompanied by a surety or cash 18 performance bond in conformity with rules adopted by the 19 department, in the principal amount of a minimum of one hundred 20 thousand dollars. The bond shall be executed by a surety 21 company authorized to do business in this state, and the bond 22 shall be continuous in nature until canceled by the surety with 23 not less than sixty days’ written notice to both the landowner 24 and to the department. The notice shall indicate the surety’s 25 intent to cancel the bond on a date at least sixty days after 26 the date of the notice. 27 b. The bond shall be payable to the state to indemnify the 28 state for any costs that may be incurred in the event that a 29 confirmed case of chronic wasting disease is found in preserve 30 whitetail kept by the applicant who purchased the bond. 31 Sec. 17. Section 484C.8, subsection 1, paragraphs a and c, 32 Code 2013, are amended to read as follows: 33 a. A statement verifying that the fence which encloses the 34 land landowner is certified by registered with the department 35 -8- LSB 1249YH (10) 85 av/sc 8/ 12
H.F. 177 pursuant to section 484C.6 484C.7 . 1 c. The location of the land enclosed by the fence fencing . 2 Sec. 18. Section 484C.12, Code 2013, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 3. Preserve whitetail that die or are 5 taken by persons on the hunting preserve shall be tested for 6 chronic wasting disease as set forth in rules adopted by the 7 department. The landowner or the person taking the preserve 8 whitetail shall pay the full cost of the testing. 9 Sec. 19. Section 484C.13, subsection 3, unnumbered 10 paragraph 1, Code 2013, is amended to read as follows: 11 The department may suspend or revoke a fence certification 12 registration issued pursuant to section 484C.6 484C.7 if the 13 department determines that a landowner has done any of the 14 following: 15 Sec. 20. Section 484C.13, subsection 3, paragraph d, Code 16 2013, is amended to read as follows: 17 d. Failed to maintain a fence fencing enclosing the land 18 where preserve whitetail are kept as required by this chapter . 19 The department shall not suspend or revoke a certification 20 registration if the landowner remedies each item as provided 21 in a notice of deficiency delivered to the landowner by the 22 department. The remedies shall be completed within seven days 23 from receipt of the notice. The notice shall be hand delivered 24 or sent by certified mail. 25 Sec. 21. Section 484C.13, subsection 3, Code 2013, is 26 amended by adding the following new paragraph: 27 NEW PARAGRAPH . e. Failed to maintain proof of financial 28 responsibility as required in section 484C.7. 29 Sec. 22. Section 484C.13, Code 2013, is amended by adding 30 the following new subsection: 31 NEW SUBSECTION . 4. A person who removes identification 32 required in section 484C.6 from a preserve whitetail, prior to 33 the taking of the whitetail, is subject to a civil penalty of 34 five hundred dollars. 35 -9- LSB 1249YH (10) 85 av/sc 9/ 12
H.F. 177 Sec. 23. APPLICABILITY. 1 1. The section of this Act amending section 484C.6, 2 subsection 1, applies to fencing that is newly constructed on 3 or after July 1, 2013. 4 2. The section of this Act amending section 484C.6, 5 subsection 1, is applicable on or after July 1, 2014, to fences 6 constructed before July 1, 2013, and in existence on July 1, 7 2014. 8 EXPLANATION 9 This bill relates to the keeping of farm deer and preserve 10 whitetail and includes penalties and applicability provisions. 11 DIVISION I. Division I of the bill relates to regulation 12 of the keeping of farm deer, which is principally under the 13 purview of the department of agriculture and land stewardship 14 (DALS). DALS is required to adopt rules providing for the 15 importation, transportation, and disease control of farm deer 16 and for fencing certification and registration requirements 17 under the Code chapter. 18 Farm deer that die or are sent for slaughter must be tested 19 for chronic wasting disease pursuant to rules adopted by DALS, 20 and the landowner must pay the full cost of the testing. 21 A landowner who keeps farm deer must register with DALS by 22 June 30 each year. In order to register, the landowner must 23 meet the fencing certification requirements, show proof of 24 financial responsibility via a surety or cash performance bond, 25 and pay a registration fee of $5,000 per year. The surety or 26 cash performance bond must be in a minimum amount of $100,000, 27 payable to indemnify the state in the event that a confirmed 28 case of chronic wasting disease is found in farm deer kept by 29 the landowner. Registration fees are placed in the farm deer 30 administration fund and appropriated to DALS for the purpose of 31 administering the chronic wasting disease control program. 32 The bill requires that fencing enclosing land on which 33 whitetail are kept as farm deer must include a perimeter 34 fence around the enclosed area and a secondary fence that is 35 -10- LSB 1249YH (10) 85 av/sc 10/ 12
H.F. 177 a minimum of 30 feet inside the perimeter fence, must be 10 1 feet tall instead of eight feet tall, and must be inspected 2 and approved prior to certification of the fencing. The 3 new requirements are applicable to fencing that is newly 4 constructed on or after July 1, 2013, when the bill takes 5 effect, and are applicable on or after July 1, 2014, to fences 6 existing before July 1, 2013. 7 A landowner who keeps farm deer shall notify DALS within 48 8 hours of discovering that a farm deer has escaped or is missing 9 from enclosed land. A farm deer that has escaped or is missing 10 for more than 10 days is subject to the jurisdiction of the 11 department of natural resources. 12 A landowner’s registration may be suspended or revoked for 13 failure to maintain proof of financial responsibility, or 14 for falsely claiming that a farm deer died or was sent for 15 slaughter when the farm deer escaped or was otherwise sold. A 16 person who makes such a false claim is also subject to a civil 17 penalty of $5,000, which will be deposited in the farm deer 18 administration fund. 19 DIVISION II. Division II of the bill relates to regulation 20 of the keeping of preserve whitetail on a hunting preserve, 21 which is principally under the purview of the department of 22 natural resources (department). 23 The bill requires that a landowner cannot keep whitetail on 24 a hunting preserve unless the preserve is enclosed by double 25 fencing that includes a perimeter fence around the enclosed 26 area and a secondary fence that is a minimum of 30 feet inside 27 the perimeter fence. The fence must be at least 10 feet in 28 height. The fencing requirements are applicable to fences 29 that are newly constructed on or after July 1, 2013, when the 30 bill takes effect, and is applicable on or after July 1, 2014, 31 to fences existing before July 1, 2013. The department must 32 inspect and approve the fencing prior to certification. 33 Whitetail kept on a hunting preserve must also bear an 34 ear tag, tattoo, or other identification as specified in 35 -11- LSB 1249YH (10) 85 av/sc 11/ 12
H.F. 177 the bill. Preserve whitetail previously kept as farm deer 1 that are released on a hunting preserve shall maintain the 2 identification affixed on them pursuant to the requirements 3 applicable to farm deer under Code chapter 170 and rules 4 adopted to implement that Code chapter. 5 A landowner who keeps whitetail on a hunting preserve must 6 register each year and pay the registration fee of $5,000. A 7 landowner cannot be registered unless the landowner meets the 8 applicable fencing certification and other requirements of Code 9 chapter 484C. The initial application for registration must 10 include proof of financial responsibility via a surety or cash 11 performance bond. The surety or cash performance bond must be 12 in a minimum amount of $100,000, payable to indemnify the state 13 in the event that a confirmed case of chronic wasting disease 14 is found in preserve whitetail kept by the landowner. 15 Preserve whitetail that die or are taken by persons hunting 16 on the hunting preserve shall be tested for chronic wasting 17 disease as set forth in rules adopted by the department. The 18 landowner or the hunter taking the preserve whitetail shall pay 19 the full cost of the testing. 20 A person who removes the required identification from a 21 preserve whitetail, prior to the taking of the whitetail, is 22 subject to a civil penalty of $500. 23 -12- LSB 1249YH (10) 85 av/sc 12/ 12