Senate Study Bill 1150 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON KAPUCIAN) A BILL FOR An Act relating to the installation of cattle guards by 1 landowners along certain streets or highways, and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2355XC (4) 87 ns/nh

S.F. _____ Section 1. NEW SECTION . 314.30 Cattle guards. 1 Notwithstanding chapter 169C or 318, or any other provision 2 of law to the contrary: 3 1. A landowner may install a cattle guard on a street or 4 highway if all of the following apply: 5 a. The street or highway terminates in a dead end, is 6 completely or partially located in a flood plain, serves no 7 residence, and exits to a secondary road. 8 b. The landowner owns the property on both sides of the 9 street or highway and the property surrounding the portion of 10 the street or highway that terminates in a dead end. 11 c. The effective purpose of restraining livestock using a 12 fence along the street or highway is continually impaired by 13 flooding or other natural forces. 14 d. Flooding or other natural forces have and will, with 15 a reasonable probability, continue to create liability for 16 the landowner and risk of injury to the public from livestock 17 straying on to the secondary road described in paragraph “a” . 18 2. A cattle guard installed pursuant to this section shall 19 be installed at the landowner’s expense at a distance of not 20 less than sixty-six feet from the secondary road described in 21 subsection 1. 22 3. After a landowner installs a cattle guard pursuant to 23 this section, the landowner shall not be required to install 24 or maintain a fence along the street or highway described 25 in subsection 1, and shall not be liable for any injury or 26 loss arising from the placement of the cattle guard. All of 27 the following shall apply to a landowner who is not required 28 to install or maintain a fence along the street or highway 29 pursuant to this subsection: 30 a. The landowner shall not be liable to a local authority 31 as provided in section 169C.4, subsection 1, paragraph “c” for 32 livestock straying on to the street or highway. 33 b. A local authority shall not take custody of the 34 landowner’s livestock on the street or highway as provided in 35 -1- LSB 2355XC (4) 87 ns/nh 1/ 3

S.F. _____ section 169C.2. 1 c. The landowner shall not be subject to section 169C.6 for 2 livestock straying on to the street or highway. 3 4. As used in this section: 4 a. “Cattle guard” means a structure consisting of parallel 5 bars placed over a shallow ditch that allows motor vehicles to 6 pass over the ditch, but prevents cattle and other livestock 7 from passing over the ditch. 8 b. “Fence” means as defined in section 169C.1. 9 c. “Landowner” means as defined in section 169C.1. 10 d. “Local authority” means as defined in section 169C.1. 11 e. “Secondary road” means as defined in section 306.3. 12 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 13 immediate importance, takes effect upon enactment. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill permits a landowner to install a cattle guard 18 on a street or highway if the street or highway terminates 19 in a dead end, is completely or partially located in a flood 20 plain, serves no residence, and exits to a secondary road; the 21 landowner owns the property on both sides of the street or 22 highway and the property surrounding the portion of the street 23 or highway that terminates in a dead end; the effective purpose 24 of restraining livestock using a fence along the street or 25 highway is continually impaired by flooding or other natural 26 forces; and flooding or other natural forces have and will, 27 with a reasonable probability, continue to create liability for 28 the landowner and risk of injury to the public from livestock 29 straying on to the secondary road. The bill defines a “cattle 30 guard” as a structure consisting of parallel bars placed over a 31 shallow ditch that allows motor vehicles to pass over the ditch 32 but prevents cattle and other livestock from passing over the 33 ditch. 34 The bill requires a cattle guard installed pursuant to the 35 -2- LSB 2355XC (4) 87 ns/nh 2/ 3

S.F. _____ bill to be installed at the landowner’s expense at a distance 1 of not less than 66 feet from the secondary road. 2 The bill provides that after a landowner installs a cattle 3 guard, the landowner is not required to install or maintain a 4 fence along the street or highway, and is not liable for any 5 injury or loss arising from the placement of the cattle guard. 6 The bill further provides that, notwithstanding current law, 7 such a landowner is not liable to a local authority taking 8 custody of livestock straying on to the street or highway for 9 costs incurred by the local authority, a local authority is 10 not permitted to take custody of the landowner’s livestock on 11 the street or highway, and the landowner is not subject to the 12 habitual trespass provisions of Code chapter 169C for livestock 13 straying on to the street or highway. 14 The bill takes effect upon enactment. 15 -3- LSB 2355XC (4) 87 ns/nh 3/ 3