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Senate
File
114
-
Introduced
SENATE
FILE
114
BY
DRISCOLL
A
BILL
FOR
An
Act
relating
to
the
baiting
of
deer
on
public
or
private
1
property
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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114
Section
1.
NEW
SECTION
.
481A.41
Baiting
of
deer.
1
1.
As
used
in
this
section,
unless
the
context
otherwise
2
requires:
3
a.
“Baited
area”
means
any
area
where
feed
is
placed,
4
exposed,
deposited,
distributed,
or
scattered
with
the
intent
5
to
lure,
attract,
or
entice
wildlife
to
a
specific
location.
6
b.
(1)
“Feed”
means
any
of
the
following
materials
that
7
are
capable
of
luring,
attracting,
or
enticing
wildlife
to
a
8
specific
location:
9
(a)
Grain,
fruit,
vegetables,
nuts,
hay,
salt,
mineral
10
blocks,
or
any
other
natural
food
materials.
11
(b)
Commercial
products
containing
natural
food
materials.
12
(c)
By-products
of
materials
listed
in
subparagraph
13
division
(a)
or
(b).
14
(2)
“Feed”
does
not
include
any
of
the
following:
15
(a)
Food
placed
during
normal
agricultural
activities
16
including
but
not
limited
to
feed
placed
for
livestock
that
are
17
present
and
are
actively
consuming
the
feed
on
a
regular
basis.
18
(b)
Incidental
feeding
of
wildlife
within
an
active
19
livestock
operation.
20
(c)
Crops
planted
and
left
standing
as
food
plots
for
21
wildlife.
22
(d)
Grain
or
other
feed
scattered
or
distributed
as
a
result
23
of
normal
agricultural,
gardening,
soil
stabilization,
or
24
logging
practices.
25
(e)
Vegetation
or
other
feed
that
is
naturally
deposited
in
26
an
area.
27
2.
A
person
shall
not
hunt,
take,
or
attempt
to
take
deer
28
on
or
in
a
baited
area.
29
3.
A
person
shall
not
place,
expose,
deposit,
distribute,
30
or
scatter
feed
on
a
baited
area
on
any
private
or
public
31
property,
or
knowingly
allow
another
person
to
place,
expose,
32
deposit,
distribute,
or
scatter
feed
on
a
baited
area
on
33
private
property
under
the
person’s
ownership
or
lease
in
34
the
state
unless
all
feed
is
removed
from
the
baited
area
at
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114
least
ten
days
prior
to
the
opening
day
of
the
first
fall
deer
1
hunting
season.
An
area
remains
a
baited
area
for
ten
days
2
following
complete
removal
of
all
feed
from
the
area,
except
3
for
salt,
minerals,
or
any
other
feed
that
will
dissolve
and
4
leach
into
the
soil,
in
which
case
the
area
shall
be
considered
5
a
permanently
baited
area
until
such
time
as
all
contaminated
6
soil
is
removed
or
until
there
is
no
longer
evidence
that
deer
7
are
artificially
attracted
to
or
are
accessing
the
site.
A
8
person
shall
not
hunt,
take,
or
attempt
to
take
deer
within
two
9
hundred
yards
of
a
permanently
baited
area
until
such
time
as
10
all
contaminated
soil
is
removed
from
the
area
or
until
there
11
is
no
evidence
that
deer
are
artificially
attracted
to
or
are
12
accessing
the
area.
13
4.
If
salt,
minerals,
or
any
other
feed
that
will
dissolve
14
and
leach
into
the
soil
is
placed
in
an
area
for
agricultural
15
purposes,
that
area
shall
not
be
considered
a
baited
area
or
a
16
permanently
baited
area.
17
5.
A
person
shall
not
establish
a
baited
area
or
place,
18
expose,
deposit,
distribute,
or
scatter
feed
in
an
area
with
19
the
intent
to
prevent
or
disrupt
the
hunting
activities
of
20
another
person.
A
violation
of
this
subsection
constitutes
a
21
violation
of
section
481A.125.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
prohibits
hunting,
taking,
or
attempting
to
take
26
deer
on
or
in
a
baited
area.
The
bill
also
provides
that
27
if
a
person
places
feed
in
a
baited
area,
all
feed
must
be
28
removed
from
that
area
at
least
10
days
before
the
opening
29
day
of
the
first
fall
deer
hunting
season.
An
area
remains
30
a
baited
area
for
10
days
following
complete
removal
of
all
31
feed
from
the
area,
except
for
salt,
minerals,
or
any
other
32
feed
that
will
dissolve
and
leach
into
the
soil,
in
which
case
33
the
area
is
considered
a
permanently
baited
area
until
such
34
time
as
all
contaminated
soil
is
removed
or
until
there
is
no
35
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114
longer
evidence
that
deer
are
artificially
attracted
to
or
are
1
accessing
the
site.
A
person
shall
not
hunt,
take,
or
attempt
2
to
take
deer
within
200
yards
of
a
permanently
baited
area
3
until
such
time
as
all
contaminated
soil
is
removed
from
the
4
area
or
until
there
is
no
evidence
that
deer
are
artificially
5
attracted
to
or
are
accessing
the
area.
6
If
salt,
minerals,
or
any
other
feed
that
will
dissolve
7
and
leach
into
the
soil
is
placed
in
an
area
for
agricultural
8
purposes,
that
area
is
not
considered
a
baited
area
or
a
9
permanently
baited
area.
10
A
person
shall
not
establish
a
baited
area
or
place,
expose,
11
deposit,
distribute,
or
scatter
feed
in
an
area
with
the
12
intent
to
prevent
or
disrupt
the
hunting
activities
of
another
13
person.
A
violation
of
this
provision
constitutes
intentional
14
interference
with
lawful
hunting
under
Code
section
481A.125
15
and
is
punishable
as
a
simple
misdemeanor
for
a
first
offense
16
and
as
a
serious
misdemeanor
for
any
subsequent
offense.
A
17
simple
misdemeanor
is
punishable
by
confinement
for
no
more
18
than
30
days
and
a
fine
of
at
least
$105
but
not
more
than
$855.
19
A
serious
misdemeanor
is
punishable
by
confinement
for
no
more
20
than
one
year
and
a
fine
of
at
least
$430
but
not
more
than
21
$2,560.
22
For
purposes
of
the
bill,
“feed”
includes
any
of
the
23
following
materials
that
are
capable
of
luring,
attracting,
24
or
enticing
wildlife
to
a
specific
location:
grain,
fruit,
25
vegetables,
nuts,
hay,
salt,
mineral
blocks,
or
any
other
26
natural
food
materials;
commercial
products
containing
natural
27
food
materials;
or
by-products
of
such
materials.
“Feed”
does
28
not
include
food
placed
during
normal
agricultural
activities
29
including
but
not
limited
to
feed
placed
for
livestock
that
are
30
present
and
are
actively
consuming
the
feed
on
a
regular
basis;
31
incidental
feeding
of
wildlife
within
an
active
livestock
32
operation;
crops
planted
and
left
standing
as
food
plots
for
33
wildlife;
grain
or
other
feed
scattered
or
distributed
as
a
34
result
of
normal
agricultural,
gardening,
soil
stabilization,
35
-3-
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2142XS
(1)
91
sb/js
3/
4
S.F.
114
or
logging
practices;
or
vegetation
or
other
feed
that
is
1
naturally
deposited
in
an
area.
A
“baited
area”
is
any
area
2
where
feed
is
placed,
exposed,
deposited,
distributed,
or
3
scattered
with
the
intent
to
lure,
attract,
or
entice
wildlife
4
to
a
specific
location.
5
-4-
LSB
2142XS
(1)
91
sb/js
4/
4