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Text: H F2545 Text: H F2547
Complete Bill History
House File 2546
PAG LIN
1 1 Section 1. Section 461C.1, Code 2005, is amended to read
1 2 as follows:
1 3 461C.1 PURPOSE.
1 4 The purpose of this chapter is to encourage private owners
1 5 of land to make land and water areas available to the public
1 6 for recreational purposes and for urban deer control by
1 7 limiting their liability toward persons entering thereon for
1 8 such purposes.
1 9 Sec. 2. Section 461C.2, subsection 3, Code 2005, is
1 10 amended to read as follows:
1 11 3. "Land" means private land located in a municipality
1 12 including abandoned or inactive surface mines, caves, and land
1 13 used for agricultural purposes, including marshlands, timber,
1 14 grasslands and the privately owned roads, water, water
1 15 courses, private ways and buildings, structures and machinery
1 16 or equipment appurtenant thereto.
1 17 Sec. 3. Section 461C.2, Code 2005, is amended by adding
1 18 the following new subsections:
1 19 NEW SUBSECTION. 3A. "Municipality" means any city or
1 20 county in the state.
1 21 NEW SUBSECTION. 5. "Urban deer control" means deer
1 22 hunting with a bow and arrow on private land in a
1 23 municipality, without charge, as authorized by a municipal
1 24 ordinance, for the purpose of reducing or stabilizing an urban
1 25 deer population in the municipality.
1 26 Sec. 4. Section 461C.3, Code 2005, is amended to read as
1 27 follows:
1 28 461C.3 LIABILITY OF OWNER LIMITED.
1 29 Except as specifically recognized by or provided in section
1 30 461C.6, an owner of land owes no duty of care to keep the
1 31 premises safe for entry or use by others for recreational
1 32 purposes or urban deer control, or to give any warning of a
1 33 dangerous condition, use, structure, or activity on such
1 34 premises to persons entering for such purposes.
1 35 Sec. 5. Section 461C.4, unnumbered paragraph 1, Code 2005,
2 1 is amended to read as follows:
2 2 Except as specifically recognized by or provided in section
2 3 461C.6, a' holder of land who either directly or indirectly
2 4 invites or permits without charge any person to use such
2 5 property for recreational purposes or urban deer control does
2 6 not thereby:
2 7 Sec. 6. Section 461C.5, Code 2005, is amended to read as
2 8 follows:
2 9 461C.5 DUTIES AND ABILITIES OF OWNER OF LEASED LAND.
2 10 Unless otherwise agreed in writing, the provisions of
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2 11 sections 461C.3 and 461C.4 shall be deemed applicable to the
2 12 duties and liability of an owner of land leased, or any
2 13 interest or right therein transferred to, or the subject of
2 14 any agreement with, the United States or any agency thereof,
2 15 or the state or any agency or subdivision thereof, for
2 16 recreational purposes or urban deer control.
2 17 Sec. 7. Section 461C.6, subsection 2, Code 2005, is
2 18 amended to read as follows:
2 19 2 . For injury suffered in any case where the owner of land
2 20 charges the person or persons who enter or go on the land for
2 21 the recreational use thereof or for deer hunting, except that
2 22 in the case of land or any interest or right therein, leased
2 23 or transferred to, or the subject of any agreement with, the
2 24 United States or any agency thereof or the state or any agency
2 25 thereof or subdivision thereof, any consideration received by
2 26 the holder for such lease, interest, right or agreement, shall
2 27 not be deemed a charge within the meaning of this section.
2 28 Sec. 8. Section 461C.7, subsection 2, Code 2005, is
2 29 amended to read as follows:
2 30 2. Relieve any person using the land of another for
2 31 recreational purposes or urban deer control from any
2 32 obligation which the person may have in the absence of this
2 33 chapter to exercise care in the use of such land and in the
2 34 person's activities thereon, or from the legal consequences of
2 35 failure to employ such care.
3 1 Sec. 9. NEW SECTION. 461C.8 URBAN DEER CONTROL =_
3 2 MUNICIPAL ORDINANCE.
3 3 1. A municipality may adopt an ordinance authorizing
3 4 trained, volunteer hunters to hunt deer with a bow and arrow
3 5 on private land within the municipality, without charge, for
3 6 the purpose of urban deer control.
3 7 2. The ordinance shall specify all of the following:
3 8 a. How a person qualifies to participate in urban deer
3 9 control.
3 10 b. Where urban deer control can occur.
3 11 C. Conditions under which urban deer control can be
3 12 conducted, which are intended to minimize the risk of injury
3 13 to persons and property.
3 14 3. A hunter who participates in urban deer control
3 15 pursuant to this section shall be otherwise qualified to hunt
3 16 deer in this state, have a hunting license and pay the
3 17 wildlife habitat fee, and obtain a special deer hunting
3 18 license valid only for the dates, locations, and type of deer
3 19 specified on the license. Special deer hunting licenses
3 20 issued pursuant to this section shall be available only to
3 21 residents and shall cost the same as deer hunting licenses
3 22 issued during general deer seasons. The commission may
3 23 establish procedures for issuing more than one license per
3 24 person as necessary to achieve the purposes of urban deer
3 25 control, and the cost of each additional license shall be ten
3 26 dollars.
3 27 4. An urban deer control ordinance is not effective until
3 28 it has been approved by the department of natural resources.
3 29 5. The department of natural resources shall adopt rules
3 30 in accordance with chapter 17A necessary for the
3 31 administration of this section.
3 32 HF 2546
3 33 av/es/25
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