Text: HF157            Text: HF159
Complete Bill History


House File 158

HOUSE FILE BY MERTZ Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to farm deer and providing for an effective date. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2050HH 80 4 da/cf/24 PAG LIN 1 1 Section 1. Section 10.1, subsection 14, Code 2003, is 1 2 amended to read as follows: 1 3 14. "Livestock" means an animal belonging to the bovine, 1 4 caprine, equine, ovine, or porcine species, ostriches, rheas, 1 5 emus, farm deer as defined in section 481A.1 189A.2, or 1 6 poultry. 1 7 Sec. 2. Section 169A.1, subsection 1, Code 2003, is 1 8 amended to read as follows: 1 9 1. "Animal" means a creature belonging to the bovine, 1 10 caprine, equine, ovine, or porcine species; ostriches, rheas, 1 11 or emus; farm deer as defined in section 481A.1 189A.2; or 1 12 poultry. 1 13 Sec. 3. Section 169C.1, subsection 3, Code 2003, is 1 14 amended to read as follows: 1 15 3. "Livestock" means an animal belonging to the bovine, 1 16 caprine, equine, ovine, or porcine species; ostriches, rheas, 1 17 or emus; farm deer as defined in section 481A.1 189A.2; or 1 18 poultry. 1 19 Sec. 4. Section 189A.2, subsection 6A, Code 2003, is 1 20 amended to read as follows: 1 21 6A. "Farm deer" means an animal belonging to the cervidae 1 22 family and classified as part of the dama species of the dama 1 23 genus, commonly referred to as fallow deer; part of the 1 24 elaphus species of the cervus genus, commonly referred to as 1 25 red deer or elk; part of the virginianus species of the 1 26 odocioleus genus commonly referred to as whitetail; or part of 1 27 the nippon species of the cervus genus, commonly referred to 1 28 as sika. However, a farm deer does not include any unmarked 1 29 free=ranging elk or whitetail. 1 30 Sec. 5. Section 190C.1, subsection 12, Code 2003, is 1 31 amended to read as follows: 1 32 12. "Livestock" means an animal belonging to the bovine, 1 33 caprine, equine, ovine, or porcine species; ostriches, rheas, 1 34 or emus; farm deer as defined in section 481A.1 189A.2; or 1 35 poultry. 2 1 Sec. 6. Section 481A.1, Code 2003, is amended by adding 2 2 the following new subsection: 2 3 NEW SUBSECTION. 16A. "Farm deer" means the same as 2 4 defined in section 189A.2. 2 5 Sec. 7. Section 481A.1, subsection 20, paragraph h, Code 2 6 2001, is amended to read as follows: 2 7 h. The Cervidae: such as elk or deer, other than farm 2 8 deer. As used in this paragraph, "farm deer" means an animal 2 9 belonging to the cervidae family and classified as part of the 2 10 dama species of the dama genus, commonly referred to as fallow 2 11 deer; part of the elaphus species of the cervus genus, 2 12 commonly referred to as red deer or elk; or part of the nippon 2 13 species of the cervus genus, commonly referred to as sika. 2 14 However, a farm deer does not include any unmarked free= 2 15 ranging elk. 2 16 Sec. 8. Section 481A.1, Code 2003, is amended by adding 2 17 the following new subsection: 2 18 NEW SUBSECTION. 33A. "Whitetail" means an animal 2 19 belonging to the cervidae family and classified as part of the 2 20 virginianus species of the odocioleus genus commonly referred 2 21 to as whitetail. 2 22 Sec. 9. Section 481A.124, subsection 2, Code 2003, is 2 23 amended to read as follows: 2 24 2. This section only applies to deer of the species 2 25 whitetail only other than farm deer. 2 26 Sec. 10. Section 481A.130, Code 2003, is amended by adding 2 27 the following new subsection: 2 28 NEW SUBSECTION. 3. This section does not apply to a 2 29 person who fails to exclude an ungulate that is property of 2 30 the state from becoming part of a hunting preserve licensed 2 31 under chapter 484B if the person acts in compliance with 2 32 section 484B.5. 2 33 Sec. 11. Section 484B.5, Code 2003, is amended to read as 2 34 follows: 2 35 484B.5 BOUNDARIES SIGNED == FENCED. 3 1 Upon receipt of a hunting preserve license, the licensee 3 2 shall promptly sign post signs around the licensed property 3 3 with signs of the hunting preserve as prescribed by the 3 4 department. A licensee holding and releasing who may release 3 5 ungulates into the hunting preserve shall construct and 3 6 maintain a boundary fences fence around the hunting preserve 3 7 as prescribed by the department so as to. The boundary fence 3 8 shall enclose the property and be constructed to contain all 3 9 released ungulates and. Upon the construction of the boundary 3 10 fence, the licensee shall notify the department in writing 3 11 according to procedures required by the department that the 3 12 fence has been constructed. For thirty days following receipt 3 13 of the notice, the department may enter the hunting preserve 3 14 to exclude all ungulates which are property of the state from 3 15 becoming a part of the hunting preserve enterprise. The 3 16 department may treat any enclosed ungulate in the hunting 3 17 preserve as property of the state. After the end of the 3 18 thirty=day period, the state shall relinquish its property 3 19 interest in any remaining enclosed ungulate, which shall 3 20 become property of the licensee. 3 21 Sec. 12. Section 484B.14, Code 2003, is amended to read as 3 22 follows: 3 23 484B.14 PENALTIES. 3 24 1. A person who violates a provision of this chapter or a 3 25 rule adopted under this chapter is guilty of a simple 3 26 misdemeanor. 3 27 2. A person who fails to exclude an ungulate that is 3 28 property of the state from becoming part of a hunting preserve 3 29 licensed under this chapter shall not be subject to the 3 30 penalty provided in this section or to a civil or criminal 3 31 penalty provided in any other chapter, if the person acts in 3 32 compliance with section 484B.5. 3 33 Sec. 13. Section 717.1, subsection 2, Code 2003, is 3 34 amended to read as follows: 3 35 2. "Livestock" means an animal belonging to the bovine, 4 1 caprine, equine, ovine, or porcine species, ostriches, rheas, 4 2 emus; farm deer, as defined in section 481A.1 189A.2; or 4 3 poultry. 4 4 Sec. 14. EFFECTIVE DATE. This bill, being deemed of 4 5 immediate importance, takes effect upon enactment. 4 6 EXPLANATION 4 7 This bill relates to farm deer, which is an animal 4 8 generally classified as belonging to the cervidae family that 4 9 is more narrowly referred to in common use as fallow deer, red 4 10 deer, elk, or sika. A farm deer does not include any unmarked 4 11 free=ranging elk. These types of cervidae are considered 4 12 livestock for a number of provisions throughout the Code, 4 13 including branding regulations under Code chapter 169A, 4 14 trespassing livestock under Code chapter 169C, meat and 4 15 poultry inspection under Code chapter 189A, organic 4 16 agricultural production under Code chapter 190C, exemptions 4 17 from sales tax for inputs under Code section 422.45, and 4 18 livestock neglect and abuse under Code chapter 717. 4 19 Farm deer are generally excluded from provisions referring 4 20 to game in chapters administered by the department of natural 4 21 resources providing for wildlife conservation and hunting 4 22 regulations (see Code section 481A.1). 4 23 The bill adds whitetail to the definition of farm deer, but 4 24 excludes whitetail that are free=ranging. 4 25 The bill amends a number of provisions referring to the 4 26 definition of "farm deer" that currently exist in the Code. 4 27 The bill also amends Code chapter 484B, which provides for 4 28 the licensure of hunting preserves. Under current law, a 4 29 person obtaining a license to establish a hunting preserve 4 30 must exclude ungulates, including whitetail, prior to 4 31 enclosing the hunting preserve and populating it with 4 32 ungulates owned by the person. The bill amends Code section 4 33 484B.5 to provide that the department may have access to the 4 34 area within the boundary fences in order to remove ungulates 4 35 that are property of the state from becoming a part of the 5 1 hunting preserve. 5 2 The bill provides that a penalty that might apply to a 5 3 person who takes an ungulate that is property of the state 5 4 does not apply to a person who fails to exclude the ungulate 5 5 from a hunting preserve, if the person acts in compliance with 5 6 the requirements of Code section 484B.5. 5 7 The bill takes effect upon enactment. 5 8 LSB 2050HH 80 5 9 da/cf/24
Text: HF157            Text: HF159 Complete Bill History