SF 59 (LSB 1249XS (9) 85)

SENATE FILE 59

BY  DEARDEN

A BILL FOR

An Act relating to the keeping of farm deer and preserve whitetail and including penalties and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

FARM DEER
    Section 1.  Section 170.1, subsection 5, Code 2013, is amended to read as follows:
   5.  “Fence”
 
“Fencing” means a boundary
 
perimeter fence
 
and a secondary fence which encloses farm deer within a landowner’s property as required to be constructed and maintained pursuant to section 170.4.
    Sec. 2.  Section 170.2, subsection 2, paragraph b, Code 2013, is amended to read as follows:
   b.  Advise the department about the administration and enforcement of this chapter, including but not limited to consulting with the department regarding the rules adopted under this chapter,
 
the registration of landowners, the certification of fences
 
fencing, and disciplinary actions. However, the council shall not control policy decisions or direct the administration or enforcement of this chapter.
    Sec. 3.  Section 170.3, subsection 1, Code 2013, is amended to read as follows:
   1.  Farm deer are livestock as provided in this title and are principally subject to regulation by the department of agriculture and land stewardship, and also the department of natural resources as specifically provided in this chapter. The regulations adopted by the department of agriculture and land stewardship may
 
shall include but are not limited to providing for the importation, transportation, and disease control of farm deer
 
and for fencing certification and registration requirements under this chapter. The department of natural resources shall not require that the landowner be issued a license or permit for keeping farm deer or for the construction of a fence
 
fencing for keeping farm deer.
    Sec. 4.  Section 170.3A, Code 2013, is amended to read as follows:
   170.3A  Chronic wasting disease control program
 
—— testing.
   1.  The department shall establish and administer a chronic wasting disease control program for the control of chronic wasting disease which threatens farm deer. The program shall include procedures for the inspection and testing of farm deer, responses to reported cases of chronic wasting disease, and methods to ensure that owners of farm deer may engage in the movement and sale of farm deer.
   2.  Farm deer that die or are sent for slaughter shall be tested for chronic wasting disease as set forth in rules adopted by the department. The landowner who keeps such farm deer shall pay the full cost of the testing.
    Sec. 5.  Section 170.3B, Code 2013, is amended to read as follows:
   170.3B  Farm deer administration
 
Registration and fee
 
—— proof of financial responsibility.
   1.  The department may establish a farm deer administration
 
A landowner who keeps farm deer under this chapter shall annually register with the department by June 30. A landowner shall not be registered under this section unless the landowner meets the applicable fencing certification and other requirements of this chapter. If a landowner meets the applicable certification and other requirements of this chapter, the landowner shall pay the department a registration fee which shall be annually imposed on each landowner who keeps farm deer in this state. The amount of the fee shall not exceed two hundred
 
be five thousand dollars per year. The fee shall be collected by the department in a manner specified by rules adopted by the department after consulting with the farm deer council established in section 170.2. The collected fees shall be credited to the farm deer administration fund created pursuant to section 170.3C.
   2.
  a.  An initial application for registration under subsection 1 shall be accompanied by a surety or cash performance bond in conformity with rules adopted by the department, in the principal amount of a minimum of one hundred thousand dollars. The bond shall be executed by a surety company authorized to do business in this state, and the bond shall be continuous in nature until canceled by the surety with not less than sixty days’ written notice to both the landowner and to the department. The notice shall indicate the surety’s intent to cancel the bond on a date at least sixty days after the date of the notice.
   b.  The bond shall be payable to the state to indemnify the state for any costs that may be incurred in the event that a confirmed case of chronic wasting disease is found in farm deer kept by the applicant who purchased the bond.
    Sec. 6.  Section 170.3C, subsection 1, Code 2013, is amended to read as follows:
   1.  The fund shall be composed of moneys appropriated by the general assembly and moneys available to and obtained or accepted by the department from the United States or private sources for placement in the fund. The fund shall include all moneys collected from the farm deer administration
 
registration fee as provided in section 170.3B
 
and penalties assessed pursuant to section 170.8, subsection 2.
    Sec. 7.  Section 170.4, Code 2013, is amended to read as follows:
   170.4  Requirements for keeping whitetail —— fence
 
fencing certification.
  A landowner shall not keep whitetail as farm deer, unless the whitetail is kept on land which is enclosed by a
 
double fence, which includes a perimeter fence around the enclosed area and a secondary fence that is a minimum of thirty feet inside the perimeter fence. The fence
 
fences must be constructed and maintained as prescribed by rules adopted by the department. A landowner shall not keep the whitetail unless the fence
 
fencing is certified in a manner and according to procedures required by the department. The fence
 
fences shall be constructed and maintained to ensure that whitetail are kept in the enclosure and that other deer are excluded from the enclosure. A fence that is constructed on or after May 23, 2003,
 
The fences shall be at least eight
 
ten feet in height above ground level. The department of agriculture and land stewardship may
 
shall require that the fence is
 
fencing be inspected and approved prior to certification. The department of natural resources may periodically inspect the fence
 
fencing according to appointment with the enclosure’s landowner.
    Sec. 8.  NEW SECTION.  170.4A  Missing or escaped farm deer.
   A landowner who keeps farm deer shall notify the department within forty-eight hours of discovering that a farm deer has escaped or is missing from enclosed land. A farm deer that has escaped or is missing from enclosed land for more than ten days shall be subject to the jurisdiction of the department of natural resources.
    Sec. 9.  Section 170.5, subsection 1, paragraph a, Code 2013, is amended to read as follows:
   a.  A statement verifying that the fence which encloses the land is certified by
 
landowner is registered with the department of agriculture and land stewardship pursuant to section 170.4
 
170.3B.
    Sec. 10.  Section 170.6, Code 2013, is amended to read as follows:
   170.6  Disciplinary proceedings.
   1.  The department of agriculture and land stewardship may suspend or revoke a certification
 
registration issued pursuant to section 170.4
 
170.3B if the department determines that a landowner has done any of the following:
   a.  Provided false information to the department in an application for certification
 
registration pursuant to section 170.4
 
170.3B.
   b.  Failed to provide notice or access to the department of natural resources and the department of agriculture and land stewardship as required by section 170.5.
   c.  Failed to maintain a fence
 
fencing enclosing the land where a whitetail is kept as required in section 170.4.
   d.  Forces or lures
 
Forced or lured a whitetail that is property of the state onto the enclosed land.

   e.  Restrains or inhibits
 
Restrained or inhibited a whitetail that is property of the state from leaving the enclosed land.
   f.  Takes
 
Taken a whitetail that is property of the state which is enclosed on the property in violation of a chapter in Title XI, subtitle 6.
   g.  Falsely claimed that a farm deer died or was sent for slaughter when the farm deer escaped or was otherwise sold.
   h.  Failed to maintain proof of financial responsibility as required in section 170.3B.
   2.  If the department suspends a landowner’s certification
 
registration, the landowner shall not release additional whitetail onto the enclosed land, unless otherwise provided in the department’s order for suspension. If the department revokes a landowner’s certification
 
registration under this section, the landowner shall provide for the disposition of the enclosed whitetail by any lawful means.
    Sec. 11.  Section 170.8, Code 2013, is amended to read as follows:
   170.8  Penalties.
   1.  A person is guilty of taking a whitetail in violation of section 481A.48 if the whitetail is on the land enclosed by a fence
 
fencing required to be certified as provided in section 170.4 and the person does any of the following:
   1.

a.  Forces or lures a whitetail that is property of the state onto the enclosed land.
   2.

b.  Restrains or inhibits a whitetail that is property of the state from leaving the enclosed land.
   3.

c.  Takes a whitetail that is property of the state that is within the enclosure in violation of a chapter in Title XI, subtitle 6.
   2.  A person who falsely claims that a farm deer died or was sent for slaughter when the farm deer escaped or was otherwise sold is subject to a civil penalty of five thousand dollars. The civil penalty shall be deposited in the farm deer administration fund created in section 170.3C.
    Sec. 12.  APPLICABILITY.
   1.  The section of this Act amending section 170.4 applies to fencing that is newly constructed on or after July 1, 2013.
   2.  The section of this Act amending section 170.4 is applicable on or after July 1, 2014, to fences constructed before July 1, 2013, and in existence on July 1, 2014.

DIVISION II

PRESERVE WHITETAIL
    Sec. 13.  Section 484C.1, subsection 5, Code 2013, is amended to read as follows:
   5.  “Fence”
 
“Fencing” means a boundary
 
perimeter fence and a secondary fence which encloses preserve whitetail within a landowner’s property as required to be constructed and maintained pursuant to this chapter.
    Sec. 14.  Section 484C.5, subsection 1, unnumbered paragraph 1, Code 2013, is amended to read as follows:
   A hunting preserve must include at least three hundred twenty contiguous acres which are enclosed by a fence
 
fencing certified pursuant to section 484C.6. However, the hunting preserve may include a fewer number of enclosed acres if any of the following applies:
    Sec. 15.  Section 484C.6, Code 2013, is amended to read as follows:
   484C.6  Fencing —— certification
 
Fencing certification —— identification of animals.
   1.
  a.  A fence
 
Fencing required to enclose preserve whitetail under section 484C.5 must be constructed and maintained as prescribed by rules adopted by the department and as certified by the department. The fence
 
fencing shall be constructed and maintained to ensure that the preserve whitetail are kept in the enclosure and all other whitetail are excluded from the enclosure.
   2.

b.  A fence
 
Fencing that was certified by the department of agriculture and land stewardship pursuant to chapter 170 prior to July 1, 2005, shall be certified by the department of natural resources.
   3.

c.  A fence
 
A hunting preserve shall be enclosed by a double fence, which includes a perimeter fence around the enclosed area and a secondary fence that is a minimum of thirty feet inside the perimeter fence. The fences shall be at least eight
 
ten feet in height above ground level. The enclosure
 
perimeter fence shall be posted with signs as prescribed by rules adopted by the department.
   4.

d.  The department may
 
shall require that the fence
 
fencing be inspected and approved by the department prior to certification. The department shall periodically inspect the fence
 
fencing at any reasonable time by appointment or by providing the landowner with at least forty-eight hours’ notice.
   2.  Whitetail kept as preserve whitetail shall bear identification that is one of the following:
   a.  An identification ear tag approved by the United States department of agriculture that conforms to the alphanumeric national uniform tagging system as defined in 9 C.F.R. ch. 1, subch. c, pt. 71.1, revised as of July 21, 2006.
   b.  A plastic or other material tag that includes the official herd number issued by the United States department of agriculture, and includes individual animal identification which is no more than five digits and is unique for each animal.
   c.  A legible tattoo, that includes the official herd number issued by the United States department of agriculture, and includes individual animal identification which is no more than five digits and is unique for each animal.
   d.  A plastic or other material tag that provides unique animal identification and is issued and approved by the North American deer farmers association.
   3.  Preserve whitetail previously kept as farm deer that are released on a hunting preserve shall maintain the identification affixed on the whitetail pursuant to chapter 170 and rules adopted to implement that chapter.
    Sec. 16.  Section 484C.7, Code 2013, is amended to read as follows:
   484C.7  Registration and fee
 
—— proof of financial responsibility.
   1.  A landowner who keeps preserve whitetail shall annually register the landowner’s hunting preserve with the department by June 30. The
 
A landowner shall not be registered under this section unless the landowner meets the applicable fencing certification and other requirements of this chapter. If a landowner meets the applicable fencing certification and other requirements of this chapter, the landowner shall pay the department a registration fee. The amount of the registration fee shall not exceed three hundred fifty
 
be five thousand dollars per fiscal year. The fee shall be deposited into the state fish and game protection fund.
   2.
  a.  An initial application for registration under subsection 1 shall be accompanied by a surety or cash performance bond in conformity with rules adopted by the department, in the principal amount of a minimum of one hundred thousand dollars. The bond shall be executed by a surety company authorized to do business in this state, and the bond shall be continuous in nature until canceled by the surety with not less than sixty days’ written notice to both the landowner and to the department. The notice shall indicate the surety’s intent to cancel the bond on a date at least sixty days after the date of the notice.
   b.  The bond shall be payable to the state to indemnify the state for any costs that may be incurred in the event that a confirmed case of chronic wasting disease is found in preserve whitetail kept by the applicant who purchased the bond.
    Sec. 17.  Section 484C.8, subsection 1, paragraphs a and c, Code 2013, are amended to read as follows:
   a.  A statement verifying that the fence which encloses the land
 
landowner is certified by
 
registered with the department pursuant to section 484C.6
 
484C.7.
   c.  The location of the land enclosed by the fence
 
fencing.
    Sec. 18.  Section 484C.12, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  Preserve whitetail that die or are taken by persons on the hunting preserve shall be tested for chronic wasting disease as set forth in rules adopted by the department. The landowner or the person taking the preserve whitetail shall pay the full cost of the testing.
    Sec. 19.  Section 484C.13, subsection 3, unnumbered paragraph 1, Code 2013, is amended to read as follows:
   The department may suspend or revoke a fence certification
 
registration issued pursuant to section 484C.6
 
484C.7 if the department determines that a landowner has done any of the following:
    Sec. 20.  Section 484C.13, subsection 3, paragraph d, Code 2013, is amended to read as follows:
   d.  Failed to maintain a fence
 
fencing enclosing the land where preserve whitetail are kept as required by this chapter. The department shall not suspend or revoke a certification
 
registration if the landowner remedies each item as provided in a notice of deficiency delivered to the landowner by the department. The remedies shall be completed within seven days from receipt of the notice. The notice shall be hand delivered or sent by certified mail.
    Sec. 21.  Section 484C.13, subsection 3, Code 2013, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  Failed to maintain proof of financial responsibility as required in section 484C.7.
    Sec. 22.  Section 484C.13, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  A person who removes identification required in section 484C.6 from a preserve whitetail, prior to the taking of the whitetail, is subject to a civil penalty of five hundred dollars.
    Sec. 23.  APPLICABILITY.
   1.  The section of this Act amending section 484C.6, subsection 1, applies to fencing that is newly constructed on or after July 1, 2013.
   2.  The section of this Act amending section 484C.6, subsection 1, is applicable on or after July 1, 2014, to fences constructed before July 1, 2013, and in existence on July 1, 2014.
EXPLANATION
   This bill relates to the keeping of farm deer and preserve whitetail and includes penalties and applicability provisions.
   DIVISION I. Division I of the bill relates to regulation of the keeping of farm deer, which is principally under the purview of the department of agriculture and land stewardship (DALS). DALS is required to adopt rules providing for the importation, transportation, and disease control of farm deer and for fencing certification and registration requirements under the Code chapter.
   Farm deer that die or are sent for slaughter must be tested for chronic wasting disease pursuant to rules adopted by DALS, and the landowner must pay the full cost of the testing.
   A landowner who keeps farm deer must register with DALS by June 30 each year. In order to register, the landowner must meet the fencing certification requirements, show proof of financial responsibility via a surety or cash performance bond, and pay a registration fee of $5,000 per year. The surety or cash performance bond must be in a minimum amount of $100,000, payable to indemnify the state in the event that a confirmed case of chronic wasting disease is found in farm deer kept by the landowner. Registration fees are placed in the farm deer administration fund and appropriated to DALS for the purpose of administering the chronic wasting disease control program.
   The bill requires that fencing enclosing land on which whitetail are kept as farm deer must include a perimeter fence around the enclosed area and a secondary fence that is a minimum of 30 feet inside the perimeter fence, must be 10 feet tall instead of eight feet tall, and must be inspected and approved prior to certification of the fencing. The new requirements are applicable to fencing that is newly constructed on or after July 1, 2013, when the bill takes effect, and are applicable on or after July 1, 2014, to fences existing before July 1, 2013.
   A landowner who keeps farm deer shall notify DALS within 48 hours of discovering that a farm deer has escaped or is missing from enclosed land. A farm deer that has escaped or is missing for more than 10 days is subject to the jurisdiction of the department of natural resources.
   A landowner’s registration may be suspended or revoked for failure to maintain proof of financial responsibility, or for falsely claiming that a farm deer died or was sent for slaughter when the farm deer escaped or was otherwise sold. A person who makes such a false claim is also subject to a civil penalty of $5,000, which will be deposited in the farm deer administration fund.
   DIVISION II. Division II of the bill relates to regulation of the keeping of preserve whitetail on a hunting preserve, which is principally under the purview of the department of natural resources (department).
   The bill requires that a landowner cannot keep whitetail on a hunting preserve unless the preserve is enclosed by double fencing that includes a perimeter fence around the enclosed area and a secondary fence that is a minimum of 30 feet inside the perimeter fence. The fence must be at least 10 feet in height. The fencing requirements are applicable to fences that are newly constructed on or after July 1, 2013, when the bill takes effect, and is applicable on or after July 1, 2014, to fences existing before July 1, 2013. The department must inspect and approve the fencing prior to certification.
   Whitetail kept on a hunting preserve must also bear an ear tag, tattoo, or other identification as specified in the bill. Preserve whitetail previously kept as farm deer that are released on a hunting preserve shall maintain the identification affixed on them pursuant to the requirements applicable to farm deer under Code chapter 170 and rules adopted to implement that Code chapter.
   A landowner who keeps whitetail on a hunting preserve must register each year and pay the registration fee of $5,000. A landowner cannot be registered unless the landowner meets the applicable fencing certification and other requirements of Code chapter 484C. The initial application for registration must include proof of financial responsibility via a surety or cash performance bond. The surety or cash performance bond must be in a minimum amount of $100,000, payable to indemnify the state in the event that a confirmed case of chronic wasting disease is found in preserve whitetail kept by the landowner.
   Preserve whitetail that die or are taken by persons hunting on the hunting preserve shall be tested for chronic wasting disease as set forth in rules adopted by the department. The landowner or the hunter taking the preserve whitetail shall pay the full cost of the testing.
   A person who removes the required identification from a preserve whitetail, prior to the taking of the whitetail, is subject to a civil penalty of $500.