SF 2214 (LSB 5715XS (5) 88)

SENATE FILE 2214

BY  GUTH

A BILL FOR

An Act relating to animals owned by certain enterprises, including by providing for procedures for the inspection of premises, the removal of animals, the care of animals in custody, and the disposition of animals by court order, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 162.13, subsection 2, Code 2020, is amended to read as follows:
   2.  a.  The failure of a person who owns or operates a commercial establishment to meet the standard of care required in section 162.10A, subsection 1, is a simple misdemeanor.
   b.  The animals are subject to seizure and impoundment and may be sold or destroyed as provided by rules which shall be adopted by the department pursuant to chapter 17A. The rules shall provide for the destruction of an animal by a humane method, including by euthanasia.  However, if the animals are owned by an enterprise as defined in section 717A.1, the animals shall be subject to removal, confiscation, and disposition as provided in section 717A.5.
    Sec. 2.  NEW SECTION.  717.7  Enterprises.
   Notwithstanding any provision in this chapter to the contrary, livestock that is owned by an enterprise as defined in section 717A.1, shall be subject to removal, confiscation, and disposition as provided in section 717A.5.
    Sec. 3.  Section 717A.1, Code 2020, is amended by adding the following new subsections:
   NEW SUBSECTION.  10A.  “Enforcement agency” means any of the following:
   a.  An entity responsible for the prevention and detection of crime and the enforcement of the criminal laws of this state, including the department of public safety, a county sheriff’s office, or a city’s police force.
   b.  The department of agriculture and land stewardship.
   NEW SUBSECTION.  10B.  “Enforcement officer” means a person regularly employed by an enforcement agency to conduct investigations in which a person may be subject to criminal or civil proceedings.
   NEW SUBSECTION.  10C.  “Enterprise” means a person organized under statute or common law in this state or another jurisdiction for purposes of engaging in a commercial activity on a profit, cooperative, or not-for-profit basis, including but not limited to a corporation or entity taxed as a corporation under the Internal Revenue Code, nonprofit corporation, cooperative or cooperative association, partnership, limited partnership, limited liability company, limited liability partnership, investment company, joint stock company, joint stock association, or trust, including but not limited to a business trust.
   NEW SUBSECTION.  10D.  “Enterprise representative” or “representative” means a person authorized to act on behalf of the enterprise, including but not limited to a shareholder or an officer, director, or employee of a corporation, or a member or manager of a limited liability company.
   NEW SUBSECTION.  14.  “Veterinarian” means a veterinarian as defined in section 169.3 who is licensed to practice veterinary medicine in this state.
    Sec. 4.  NEW SECTION.  717A.5  Search and seizure —— confiscation —— disposition.
   1.  An enforcement agency shall not authorize a person to enter onto the premises of an enterprise which owns an animal, if the purpose of the entry is to investigate a civil or criminal offense regarding the welfare of the animal, unless the enforcement agency obtains a search warrant issued by a court sitting in the district where the premises are located. The search warrant and search shall comply with the requirements of chapter 808. The search warrant shall include the name and location of the enterprise subject to the search; the names and titles of the persons conducting the search; and the time, date, and place of the search. A copy of the search warrant shall be presented to an enterprise representative.
   2.  An enforcement officer shall not interfere with or remove an enterprise representative so long as the representative does not physically obstruct the investigation. The act of standing in close proximity to an enforcement officer who is conducting an investigation does not constitute interference unless the act impedes the enforcement officer’s path.
   3.  A person, other than an enforcement officer or veterinarian designated by the enforcement agency, shall not participate in the investigation, unless the enterprise representative consents in writing. The enterprise representative may make any audio or visual recording of the investigation without interference by an enforcement officer.
   4.  An enforcement officer shall not threaten to confine or arrest an enterprise representative unless the enterprise representative physically obstructs or attempts to physically obstruct an investigation. An enforcement officer shall not in any manner coerce or threaten any enterprise representative. Any verbal statement or promise made by an enforcement officer to an enterprise representative that relates to relinquishing an animal shall be deemed coercion.
   5.  An enforcement officer shall not alter the premises of the enterprise.
   6.  An enforcement officer shall not rely upon an electronic document or a document that requires an electronic signature.
   7.  a.  An animal located on the premises of an enterprise shall not be removed unless all of the following apply:
   (1)  Two veterinarians sign a statement of confiscation under penalty of perjury that removal of the animal is necessary in order to treat the animal suffering from a condition that if not treated would likely result in the animal’s death. One veterinarian shall be selected by the enforcement agency and one veterinarian shall be selected by the enterprise. If the two selected veterinarians cannot agree on a determination, the determination shall be made by a third veterinarian appointed by the other two. A veterinarian shall not make a determination under this section, if the veterinarian is associated with a person who would maintain the animal if it were confiscated.
   (2)  The statement of confiscation shall describe the specific reasons why removal is necessary, including any specific illness, disease, or injury that requires removal, and the treatment to be prescribed.
   (3)  The statement of confiscation shall include a description of the animal being removed, including the species of the animal, and methods to identify the animal. The methods may include photographs showing all four sides of the animal, identifying marks, and any microchips, tattoos, or ear tags.
   (4)  A copy of the statement of confiscation shall be provided to the enterprise representative immediately at the conclusion of the search.
   b.  An animal located on the premises of an enterprise shall not be removed if an animal is suffering from a condition that may be treated on the premises of the enterprise. A condition that does not require removal includes but is not limited to worms, giardia, coccidiosis, fleas, or minor matting of the coat.
   c.  An enforcement agency shall not remove an animal if the animal is under the care of a veterinarian.
   8.  If an animal is confiscated, and until a court orders the animal’s disposition, all of the following apply:
   a.  The enterprise retains all rights in the animal until all judicial remedies are exhausted or the enterprise voluntarily relinquishes its ownership interest in the animal. A relinquishment is not effective until the enterprise representative signs a statement of abandonment. The statement of abandonment shall be dated and notarized under chapter 9B.
   b.  The animal shall be maintained by a custodian approved by the court.
   c.  A person designated by the enterprise, including a veterinarian, may visit the animal. The veterinarian may examine and take photographs or a recording of the animal. Upon refusal to allow a visit during normal business hours, the custodian shall incur all expenses associated with the maintenance until the court orders the animal’s removal or disposition.
   d.  The animal shall not be sterilized without the consent of the enterprise. The enterprise representative must sign a consent form authorizing the sterilization which shall be dated and notarized pursuant to chapter 9B. The enterprise representative shall receive a copy of the completed consent form.
   e.  The animal shall not be subject to a veterinary procedure, including by euthanizing the animal unless any of following apply:
   (1)  The veterinary procedure is authorized by the enterprise. The enterprise representative must sign a consent form authorizing the procedure which shall be dated and notarized as provided in chapter 9B. Before signing the consent form, the enterprise representative must be provided a written statement detailing why the procedure is necessary. The enterprise representative shall receive a copy of the completed consent form.
   (2)  The court orders the veterinary procedure.
   f.  The enterprise may elect to have the veterinary procedure performed by a veterinarian selected by the enterprise representative.
   g.  The animal shall be removed to the enterprise if a veterinarian determines that the animal would not likely die by being removed.
   9.  An enterprise shall have adequate time to obtain legal counsel prior to any court proceeding to determine the animal’s disposition. In making the determination, the court shall consider all circumstances in the case.
   10.  a.  If an animal removed to custody is returned to an enterprise, the court shall assess each veterinarian who signed a statement of confiscation all of the following:
   (1)  All expenses incurred by the enforcement agency in moving and assuming custody of the animal. The expenses shall be assigned to each veterinarian on a prorated basis.
   (2)  All reasonable expenses incurred by the enterprise, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses.
   b.  The recovery of expenses shall only take place after final agency action is taken under chapter 17A, or upon judicial review, after final disposition of the case by the court.
   11.  If an animal removed to custody is returned to the enterprise, each veterinarian who signed a statement of confiscation shall be subject to a fine of not less than one thousand dollars and not more than five thousand dollars. Each animal removed shall be considered a separate offense.
   12.  If an animal removed to custody is ordered to be returned to an enterprise by a court, but is not returned within thirty days, the animal is deemed transferred to the enforcement agency. In that case, the enforcement agency shall reimburse the enterprise the fair market value of the animal, as determined by the court after a hearing.
   13.  a.  If an animal removed to custody is not returned to an enterprise pursuant to a court order, and the owner has not voluntarily relinquished the animal, all of the following apply:
   (1)  The enforcement agency shall deliver a written notice to each person who is known to have a legal interest in the animal other than the enterprise. If the animal is sold, the enterprise, and any other person who has a legal interest in the animal, may petition the court to receive moneys remaining from the sale after subtracting any expenses associated with maintaining and disposing of the animal. The remaining moneys shall be prorated among the owners based on each owner’s percentage interest in the animal.
   (2)  A sale conducted under this subsection shall not occur until at least fourteen days after a notice of the sale is published once in a newspaper of general circulation in the county where the enterprise’s premises is located.
   (3)  The enterprise shall receive an invoice detailing all costs incurred in maintaining the animal while in custody. The enterprise may contest the inventory by filing a petition in district court which shall suspend the disposition until the matter is resolved.
   b.  Nothing in this subsection shall be construed to limit, restrict, impair, or subordinate a right of a person having a security interest in the animal, or the proceeds from the sale of the animal.
   14.  a.  A person commits false investigation if all of the following apply:
   (1)  The person makes a complaint that results in the removal of an animal from the premises of an enterprise for any period.
   (2)  The animal is returned to the enterprise.
   (3)  If the removal is part of a criminal case, the charge is dismissed, any person charged is acquitted, or any person who is charged is convicted and the conviction is reversed. 
   b.  A person who commits false investigation is guilty of a simple misdemeanor punishable by a fine of at least one thousand dollars but not to exceed five thousand dollars. Each animal removed shall be considered as a separate offense.
    Sec. 5.  NEW SECTION.  717B.10  Enterprises.
   Notwithstanding any provision in this chapter to the contrary, an animal that is owned by an enterprise as defined in section 717A.1 shall be subject to removal, confiscation, and disposition as provided in section 717A.5.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill amends Code chapter 717A which relates to offenses involving agricultural production facilities. It also amends Code chapter 162 providing for the care of animals in commercial establishments; Code chapter 717 which provides for the rescue, custodial care, and disposition of neglected or abused livestock; and Code chapter 717B which provides for the rescue, custodial care, and disposition of animals other than livestock subject to neglect, abuse, or torture. The bill provides a number of procedures required to be followed by a state or local law enforcement agency (e.g., county sheriff) or the department of agriculture and land stewardship entering onto the business premises of an enterprise (e.g., corporation or limited liability company) in order to conduct an investigation regarding the mistreatment of an animal. It also provides procedures relating to the conduct of the inspection, the removal of animals from the premises, the care of the animals in custody, and the disposition of the animals by court order. The bill creates a criminal offense of false investigation. A person who makes a complaint that results in the removal of an animal from an enterprise for any period is subject to a fine, if the animal is returned to the enterprise and no criminal charge is filed, the charge is dismissed, any person charged is acquitted, or any person who is convicted has their conviction reversed. A person who commits the offense is guilty of a simple misdemeanor which is punishable by confinement for no more than 30 days and a fine of at least $1,000 but not more than $5,000.