House Study Bill 627 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON NATURAL RESOURCES BILL BY CHAIRPERSON BACON) A BILL FOR An Act relating to hunting untamed game livestock on hunting 1 preserves and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5839YC (2) 89 js/rn
H.F. _____ 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, goats, or swine if the bison, sheep, goats, or swine 19 exhibit feral characteristics and are birthed and raised in 20 this state for purposes of hunting on a preserve in 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 -1- LSB 5839YC (2) 89 js/rn 1/ 5
H.F. _____ 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. Section 484B.5, Code 2022, is amended to read as 32 follows: 33 484B.5 Boundaries signed —— fenced. 34 Upon receipt of a hunting preserve operator’s license, 35 -2- LSB 5839YC (2) 89 js/rn 2/ 5
H.F. _____ the licensee shall promptly sign the licensed property with 1 signs prescribed by the department. A licensee holding and 2 releasing ungulates or untamed game livestock shall construct 3 and maintain boundary fences prescribed by the department so 4 as to enclose and contain all released ungulates or untamed 5 game livestock and exclude all ungulates which or wild animals 6 similar to untamed game livestock that are property of the 7 state from becoming a part of the hunting preserve enterprise. 8 Sec. 5. Section 484B.7, subsection 2, Code 2022, is amended 9 to read as follows: 10 2. Each licensee shall file an annual report with the 11 department on or before April 30. The report shall detail the 12 hunting preserve operations during the preceding license year. 13 The original report shall be forwarded to the department and a 14 copy shall be retained in the hunting preserve’s file for three 15 years from the date of expiration of the hunting preserve’s 16 last license issued. Records required by this section shall be 17 entered in the annual report record within twenty-four hours 18 of the event. Failure to keep or submit the required records 19 and reports is grounds for refusal to renew a license for 20 the succeeding year. An on-site inspection of property and 21 facilities shall be conducted by an authorized agent of the 22 department prior to the initial issuance of a hunting preserve 23 operator’s license. The hunting preserve may be reinspected by 24 an agent of the department at any reasonable time. A licensed 25 hunting preserve shall maintain adequate facilities for all 26 designated birds , untamed game livestock, and ungulates held 27 under the hunting preserve operator’s license. 28 Sec. 6. Section 484B.9, Code 2022, is amended to read as 29 follows: 30 484B.9 Ungulate and untamed game livestock transportation 31 tags —— markings. 32 The department shall prepare transportation tags suitable 33 for use upon the carcass of ungulates and untamed game 34 livestock described in this chapter . The tags shall be used 35 -3- LSB 5839YC (2) 89 js/rn 3/ 5
H.F. _____ to designate all ungulates and untamed game livestock taken 1 by hunters upon a licensed hunting preserve. The department 2 shall provide licensees with the tags. All ungulates and 3 untamed game livestock taken on a licensed hunting preserve 4 shall be tagged with a numbered tag prior to being removed from 5 the hunting preserve. The hunter shall tag the ungulate or 6 untamed game livestock taken in accordance with the rules as 7 determined by the department. The tag shall remain attached 8 to the carcass of the dead ungulate or untamed game livestock 9 until processed for consumption. The hunter shall be provided 10 with a bill of sale by the licensee. The bill of sale shall 11 remain in the possession of the hunter. Ungulate tags issued 12 to a hunting preserve are not transferable. 13 Sec. 7. Section 484B.12, Code 2022, is amended to read as 14 follows: 15 484B.12 Health requirements —— ungulates and untamed game 16 livestock . 17 All ungulates which and untamed game livestock that are 18 purchased, propagated, confined, released, or sold by a 19 licensed hunting preserve shall be free of diseases considered 20 significant for wildlife, poultry, or livestock. The 21 department of agriculture and land stewardship shall provide 22 for the regulation of farm deer as provided in chapter 170 . 23 Sec. 8. Section 717.2, Code 2022, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 4. This section does not apply to a hunting 26 preserve facility, as defined in section 484B.1, provided that 27 the hunting preserve facility performs functions within the 28 scope of accepted practices and disciplines associated with a 29 hunting preserve. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to hunting untamed game livestock on 34 hunting preserves. 35 -4- LSB 5839YC (2) 89 js/rn 4/ 5
H.F. _____ The bill defines “untamed game livestock” as bison, sheep, 1 goats, and swine that exhibit feral characteristics and are 2 birthed and raised in this state for purposes of hunting 3 on a preserve in this state. The bill includes untamed 4 game livestock in provisions in Code chapter 484B (hunting 5 preserves) so that untamed game livestock are regulated for 6 hunting on a hunting preserve in a manner similar to ungulates. 7 Those provisions include licensing, fencing, tagging, and 8 health requirements. 9 The bill prohibits remotely taking an untamed game livestock 10 animal. A person who violates this prohibition commits a 11 serious misdemeanor and a subsequent violation is a class 12 “D” felony. The person is also subject to a civil penalty 13 not to exceed $10,000. A serious misdemeanor is punishable 14 by confinement for no more than one year and a fine of at 15 least $430 but not more than $2,560. A class “D” felony is 16 punishable by confinement for no more than five years and a 17 fine of at least $1,025 but not more than $10,245. 18 The bill exempts untamed game livestock from prohibitions 19 related to livestock neglect provided that the hunting preserve 20 facility performs functions within the scope of accepted 21 practices and disciplines associated with a hunting preserve. 22 A person who commits a livestock neglect violation commits 23 either a simple or a serious misdemeanor. A simple misdemeanor 24 is punishable by confinement for no more than 30 days and a 25 fine of at least $105 but not more than $855. 26 The department of natural resources may revoke the hunting 27 license of a person who violates a general hunting preserve 28 violation relating to hunting untamed game livestock, subject 29 to rules established by the department. A person who pleads 30 guilty or is convicted of an offense while the person’s license 31 or licenses have been suspended or revoked commits either a 32 simple, serious, or aggravated misdemeanor depending on how 33 many prior offenses the person has committed. 34 -5- LSB 5839YC (2) 89 js/rn 5/ 5