Licenses - As enacted, creates a bait privilege license to allow hunting or taking of whitetail deer using bait on privately owned or privately leased land. - Amends TCA Title 70. SB0869 has been assigned Public Chapter , the official text

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      State #Jenn&Ssee

                             PUBLIC CHAPTER NO. 444

                                                     SENATE BILL NO. 869

                                                 By Hensley, Lowe, Stevens

                                            Substituted for: House Bill No. 938

                                        By Capley, McCalmon, Doggett, Littleton

AN ACT to amend Tennessee Code Annotated, Title 70, relative to hunting with bait.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 70-4-113, is amended by deleting the
section and substituting:

                    (a) Except as otherwise expressly provided, it is unlawful for a person to use any
          pitfall, deadfall, cage, snare, trap, net, baited hooks, poison, chemicals, explosives, set guns,
          spotlights, electric lights or torches, bait, which includes any grain or mixture of ingredients,
          used as or for food purposes or to lure or attract wildlife to a particular area for the purpose of
          being killed or taken, or other devices for the purpose of killing, injuring, or capturing birds or
          animals protected by the wildlife laws of this state.

                    (b)(1) This section does not apply to a person hunting whitetail deer with the aid of
                    bait on privately owned or leased lands if •the person has purchased and is in
                    possession of a valid deer bait privilege license.

                              (2) A deer bait privilege license required by this section must be obtained in
                    the same manner as an annual hunting license.

                              (3) A person who is exempt from purchasing a hunting license is not exempt
                    from the requirement to purchase a deer bait privilege license pursuant to this
                    section. All hunters in a hunting party who hunt over bait are required to purchase
                    and have in their possession a deer bait privilege license.

                              (4) The agency may, without refund, suspend the use of a deer baiting
                    privilege and adopt rules to manage the feeding of wildlife populations on a county,
                    regional, or statewide basis to prevent the spread of diseases among wildlife by
                    announcing the suspension in a news release.

                              (5) The initial fee for a deer bait privilege license is fifty dollars ($50.00) for a
                    resident and one hundred dollars ($100) for a non-resident. This fee may be adjusted
                    by the commission from time to time in accordance with the applicable provisions of
                    this title.

                              (6) The commission shall promulgate rules to effectuate this section no later
                    than August 1, 2026. Such rules must establish what constitutes acceptable bait, the
                    amount of bait that may be used, and the conditions of the use of the deer bait
                    privilege license created by this section.

                    (c) The executive director or the executive director's designees may use any
          chemical, biological substance, poison, or device under controlled conditions to capture or kill
          a bird or animal for scientific, propagating, enforcement, humane, or rescue purposes, or
          When it is considered necessary by the executive director to reduce or control any species
          that may be detrimental to human safety, health, or property. The executive director shall not
          take an action directed to the control of rabies or other diseases spread from wildlife to
          human beings until the following conditions have been met:
S8869
                              (1) The county board of health in the affected county met in open session and,

                    by appropriate resolution, declared that a condition detrimental to human safety,
                    health, or property exists within the affected county;

                              (2) An official quarantine by the county board of health has been established
                    on all dogs, cats, and pets in the county; and

                              (3) An official request has been made by the county board of health, through
                    and with the concurrence of the commissioner of health, to the executive director to
                    take such action as is necessary by the executive director or the executive director's
                    designees and by such means as are authorized in this section to bring the disease
                    under control in the affected county. This subsection (c) is effective in every county in
                    this state.
                    (d) A violation of this section is a Class C misdemeanor; provided, that spot, electric,
          or torch lights may be used in the hunting and taking of raccoons, opossums, and frogs, and
          box traps may be used for the taking of rabbits during the open shooting season for the
          same.
                    (e) As used in this section, "pets" means domesticated animals normally maintained
          in or near the household of its owner;
          SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.

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         SENATE BILL NO. 869

PASSED:  April 22, 2025

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                              '     RANDY NALLY

                                 SPEAKER OF THE ENATE

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                         CAMERONSEXTON,SPEAKER
                         HOUSE OF REPRESENTATIVES

APPROVED this ~ d a y o f ~         2025

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         BILL LEE, GOVERNOR