House
File
2400
-
Introduced
HOUSE
FILE
2400
BY
COMMITTEE
ON
NATURAL
RESOURCES
(SUCCESSOR
TO
HSB
700)
A
BILL
FOR
An
Act
relating
to
the
hunting
of
untamed
game
livestock
on
1
hunting
preserves
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
6201HV
(2)
89
js/rn
H.F.
2400
Section
1.
Section
481A.125A,
subsections
1
and
2,
Code
1
2022,
are
amended
to
read
as
follows:
2
1.
As
used
in
this
section
,
“remote
control
or
internet
3
hunting”
means
use
of
a
computer
or
other
electronic
device,
4
equipment,
or
software
to
remotely
control
the
aiming
or
5
discharge
of
a
firearm
or
other
weapon,
allowing
a
person
who
6
is
not
physically
present
to
take
a
wild
animal,
a
game
bird
,
7
untamed
game
livestock,
or
ungulate
kept
on
a
hunting
preserve
8
under
chapter
484B
,
a
wild
animal,
or
a
preserve
whitetail
kept
9
on
a
hunting
preserve
under
chapter
484C
.
10
2.
A
person
shall
not
offer
for
sale,
take,
or
assist
in
the
11
taking
of
a
wild
animal,
a
game
bird
,
untamed
game
livestock,
12
or
ungulate
kept
on
a
hunting
preserve
under
chapter
484B
,
a
13
wild
animal,
or
a
preserve
whitetail
kept
on
a
hunting
preserve
14
under
chapter
484C
,
by
remote
control
or
internet
hunting.
15
Sec.
2.
Section
484B.1,
Code
2022,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
11.
“Untamed
game
livestock”
means
bison,
18
sheep,
or
goats
if
the
bison,
sheep,
or
goats
are
birthed
and
19
raised
in
this
state
for
purposes
of
hunting
on
a
preserve
in
20
this
state.
21
Sec.
3.
Section
484B.4,
Code
2022,
is
amended
to
read
as
22
follows:
23
484B.4
Hunting
preserve
operator’s
license
——
application
and
24
requirements.
25
1.
A
person
who
owns
or
controls
by
lease
or
otherwise
for
26
five
or
more
years
,
a
contiguous
tract
of
land
having
an
area
27
of
not
less
than
three
hundred
twenty
acres
,
and
who
desires
28
to
establish
a
hunting
preserve,
to
propagate
and
sell
game
29
birds
and
their
young
or
unhatched
eggs,
and
shoot
game
birds
,
30
untamed
game
livestock,
and
ungulates
on
the
land,
under
this
31
chapter
or
the
rules
of
the
commission,
shall
make
application
32
to
the
department
for
an
operator’s
license.
The
application
33
shall
be
made
under
oath
of
the
applicant
or
under
oath
of
one
34
of
its
principal
officers
if
the
applicant
is
an
association
35
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H.F.
2400
or
corporation.
Under
the
authority
of
this
license,
any
1
property
or
facilities
to
be
used
for
propagating,
holding,
2
processing,
or
pasturing
of
game
birds
,
untamed
game
livestock,
3
or
ungulates
shall
not
be
required
to
be
contained
within
4
the
contiguous
land
area
used
for
hunting
purposes.
The
5
application
shall
be
accompanied
by
an
operator’s
license
fee
6
of
two
hundred
dollars.
7
2.
Upon
receipt
of
an
application,
the
department
or
its
8
authorized
agent
shall
inspect
the
proposed
hunting
preserve
9
and
facilities
described
in
the
application.
If
the
department
10
finds
that
the
proposed
hunting
preserve
meets
the
following
11
requirements,
the
department
may
approve
the
application
and
12
issue
a
hunting
preserve
operator’s
license
for
the
operation
13
of
the
property
and
facilities
described
in
the
application
14
with
the
rights
and
subject
to
the
limitations
in
this
chapter
15
and
the
rules
adopted
by
the
commission:
16
a.
The
proposed
hunting
preserve
contains
at
least
three
17
hundred
twenty
acres
but
not
more
than
two
thousand
five
18
hundred
sixty
acres.
19
b.
The
area
of
the
proposed
hunting
preserve
is
contiguous.
20
c.
The
total
area
of
all
licensed
hunting
preserves
and
the
21
proposed
hunting
preserve
will
not
exceed
three
percent
of
the
22
land
area
of
the
county.
23
d.
The
game
birds
,
untamed
game
livestock,
or
ungulates
24
released
on
the
preserve
will
not
be
detrimental
to
wildlife.
25
e.
The
proposed
hunting
preserve
will
not
interfere
with
the
26
normal
activities
of
migratory
birds.
27
3.
All
hunting
preserve
operator’s
licenses
shall
expire
28
on
March
31
of
each
year
unless
the
department
has
granted
a
29
variance
pursuant
to
section
484B.10,
in
which
case
the
license
30
shall
expire
at
the
conclusion
of
the
extended
season
.
31
Sec.
4.
NEW
SECTION
.
484B.4B
Minimum
enclosed
acreage
——
32
untamed
game
livestock.
33
1.
A
hunting
preserve
on
which
untamed
game
livestock
are
34
kept
must
include
at
least
three
hundred
twenty
contiguous
35
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acres
that
are
enclosed
by
a
fence
as
required
pursuant
to
1
section
484B.5.
However,
a
person
may
keep
untamed
game
2
livestock
only
on
a
hunting
preserve
that
includes
a
fewer
3
number
of
enclosed
acres
if
the
hunting
preserve
was
operated
4
as
a
business
on
January
1,
2005.
If
the
hunting
preserve
5
operated
as
a
business
on
January
1,
2005,
the
landowner
or
6
the
landowner’s
successor
in
interest
may
sell
or
otherwise
7
transfer
ownership
of
the
hunting
preserve
to
another
person
8
who
may
continue
to
operate
the
hunting
preserve
in
the
same
9
manner
as
the
landowner.
10
2.
This
section
shall
not
apply
if
the
owner
of
the
hunting
11
preserve
or
any
successor
in
interest
fails
to
meet
the
12
licensing
requirements
of
section
484B.4
each
year.
13
Sec.
5.
Section
484B.5,
Code
2022,
is
amended
to
read
as
14
follows:
15
484B.5
Boundaries
signed
——
fenced.
16
Upon
receipt
of
a
hunting
preserve
operator’s
license,
17
the
licensee
shall
promptly
sign
the
licensed
property
with
18
signs
prescribed
by
the
department.
A
licensee
holding
and
19
releasing
ungulates
or
untamed
game
livestock
shall
construct
20
and
maintain
boundary
fences
prescribed
by
the
department
so
21
as
to
enclose
and
contain
all
released
ungulates
or
untamed
22
game
livestock
and
exclude
all
ungulates
which
or
wild
animals
23
similar
to
untamed
game
livestock
that
are
property
of
the
24
state
from
becoming
a
part
of
the
hunting
preserve
enterprise.
25
Sec.
6.
Section
484B.7,
subsection
2,
Code
2022,
is
amended
26
to
read
as
follows:
27
2.
Each
licensee
shall
file
an
annual
report
with
the
28
department
on
or
before
April
30.
The
report
shall
detail
the
29
hunting
preserve
operations
during
the
preceding
license
year.
30
The
original
report
shall
be
forwarded
to
the
department
and
a
31
copy
shall
be
retained
in
the
hunting
preserve’s
file
for
three
32
years
from
the
date
of
expiration
of
the
hunting
preserve’s
33
last
license
issued.
Records
required
by
this
section
shall
be
34
entered
in
the
annual
report
record
within
twenty-four
hours
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of
the
event.
Failure
to
keep
or
submit
the
required
records
1
and
reports
is
grounds
for
refusal
to
renew
a
license
for
2
the
succeeding
year.
An
on-site
inspection
of
property
and
3
facilities
shall
be
conducted
by
an
authorized
agent
of
the
4
department
prior
to
the
initial
issuance
of
a
hunting
preserve
5
operator’s
license.
The
hunting
preserve
may
be
reinspected
by
6
an
agent
of
the
department
at
any
reasonable
time.
A
licensed
7
hunting
preserve
shall
maintain
adequate
facilities
for
all
8
designated
birds
,
untamed
game
livestock,
and
ungulates
held
9
under
the
hunting
preserve
operator’s
license.
10
Sec.
7.
Section
484B.9,
Code
2022,
is
amended
to
read
as
11
follows:
12
484B.9
Ungulate
and
untamed
game
livestock
transportation
13
tags
——
markings.
14
The
department
shall
prepare
transportation
tags
suitable
15
for
use
upon
the
carcass
of
ungulates
and
untamed
game
16
livestock
described
in
this
chapter
.
The
tags
shall
be
used
17
to
designate
all
ungulates
and
untamed
game
livestock
taken
18
by
hunters
upon
a
licensed
hunting
preserve.
The
department
19
shall
provide
licensees
with
the
tags.
All
ungulates
and
20
untamed
game
livestock
taken
on
a
licensed
hunting
preserve
21
shall
be
tagged
with
a
numbered
tag
prior
to
being
removed
from
22
the
hunting
preserve.
The
hunter
shall
tag
the
ungulate
or
23
untamed
game
livestock
taken
in
accordance
with
the
rules
as
24
determined
by
the
department.
The
tag
shall
remain
attached
25
to
the
carcass
of
the
dead
ungulate
or
untamed
game
livestock
26
until
processed
for
consumption.
The
hunter
shall
be
provided
27
with
a
bill
of
sale
by
the
licensee.
The
bill
of
sale
shall
28
remain
in
the
possession
of
the
hunter.
Ungulate
tags
issued
29
to
a
hunting
preserve
are
not
transferable.
30
Sec.
8.
Section
484B.12,
Code
2022,
is
amended
to
read
as
31
follows:
32
484B.12
Health
requirements
——
ungulates
and
untamed
game
33
livestock
.
34
All
ungulates
which
and
untamed
game
livestock
that
are
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purchased,
propagated,
confined,
released,
or
sold
by
a
1
licensed
hunting
preserve
shall
be
free
of
diseases
considered
2
significant
for
wildlife,
poultry,
or
livestock.
The
3
department
of
agriculture
and
land
stewardship
shall
provide
4
for
the
regulation
of
farm
deer
as
provided
in
chapter
170
.
5
Sec.
9.
Section
717.2,
Code
2022,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
4.
This
section
does
not
apply
to
a
hunting
8
preserve
facility,
as
defined
in
section
484B.1,
provided
that
9
the
hunting
preserve
facility
performs
functions
within
the
10
scope
of
accepted
practices
and
disciplines
associated
with
a
11
hunting
preserve.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
hunting
untamed
game
livestock
on
16
hunting
preserves.
17
The
bill
defines
“untamed
game
livestock”
as
bison,
sheep,
18
and
goats
that
are
birthed
and
raised
in
this
state
for
19
purposes
of
hunting
on
a
preserve
in
this
state.
The
bill
20
includes
untamed
game
livestock
in
provisions
in
Code
chapter
21
484B
(hunting
preserves)
so
that
untamed
game
livestock
are
22
regulated
for
hunting
on
a
hunting
preserve
in
a
manner
similar
23
to
ungulates.
Those
provisions
include
licensing,
acreage,
24
fencing,
tagging,
and
health
requirements.
25
The
bill
prohibits
remotely
taking
an
untamed
game
livestock
26
animal.
A
person
who
violates
this
prohibition
commits
a
27
serious
misdemeanor
and
a
subsequent
violation
is
a
class
28
“D”
felony.
The
person
is
also
subject
to
a
civil
penalty
29
not
to
exceed
$10,000.
A
serious
misdemeanor
is
punishable
30
by
confinement
for
no
more
than
one
year
and
a
fine
of
at
31
least
$430
but
not
more
than
$2,560.
A
class
“D”
felony
is
32
punishable
by
confinement
for
no
more
than
five
years
and
a
33
fine
of
at
least
$1,025
but
not
more
than
$10,245.
34
The
bill
exempts
untamed
game
livestock
from
prohibitions
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related
to
livestock
neglect
provided
that
the
hunting
preserve
1
facility
performs
functions
within
the
scope
of
accepted
2
practices
and
disciplines
associated
with
a
hunting
preserve.
3
A
person
who
commits
a
livestock
neglect
violation
commits
4
either
a
simple
or
a
serious
misdemeanor.
A
simple
misdemeanor
5
is
punishable
by
confinement
for
no
more
than
30
days
and
a
6
fine
of
at
least
$105
but
not
more
than
$855.
7
The
department
of
natural
resources
may
revoke
the
hunting
8
license
of
a
person
who
violates
a
general
hunting
preserve
9
violation
relating
to
hunting
untamed
game
livestock,
subject
10
to
rules
established
by
the
department.
A
person
who
pleads
11
guilty
or
is
convicted
of
an
offense
while
the
person’s
license
12
or
licenses
have
been
suspended
or
revoked
commits
either
a
13
simple,
serious,
or
aggravated
misdemeanor
depending
on
how
14
many
prior
offenses
the
person
has
committed.
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