Senate File 2388 - Introduced SENATE FILE 2388 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SSB 3180) A BILL FOR An Act limiting local legislation that prohibits the operation 1 of an animal enterprise or the use of a working animal. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6027SV (2) 88 da/ns
S.F. 2388 Section 1. NEW SECTION . 331.304B Limitations on county 1 legislation —— animal enterprises and working animals. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Animal” means any nonhuman vertebrate life form. 5 b. “Animal enterprise” means any of the following: 6 (1) A zoo or circus. 7 (2) A domesticated animal activity as defined in section 8 673.1. 9 (3) A domesticated animal event as defined in section 673.1. 10 (4) An activity associated with a domesticated animal 11 activity sponsor as described in section 673.1, subsection 4. 12 c. “Working animal” means an animal used for performing 13 a specific duty or function in commerce, including but not 14 limited to entertainment, transportation, education, or 15 exhibition. 16 2. A county shall not adopt, enforce, or administer an 17 ordinance, motion, resolution, or amendment that regulates an 18 animal enterprise or a working animal. 19 3. This section does not do any of the following: 20 a. Apply to a commercial establishment required to be issued 21 or renewed an authorization under chapter 162. 22 b. Impair a county from enforcing a federal or state law. 23 Sec. 2. Section 364.3, Code 2020, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 13. a. As used in this subsection, unless 26 the context otherwise requires: 27 (1) “Animal” means any nonhuman vertebrate life form. 28 (2) “Animal enterprise” means any of the following: 29 (a) A zoo or circus. 30 (b) A domesticated animal activity as defined in section 31 673.1. 32 (c) A domesticated animal event as defined in section 673.1. 33 (d) An activity associated with a domesticated animal 34 activity sponsor as described in section 673.1, subsection 4. 35 -1- LSB 6027SV (2) 88 da/ns 1/ 3
S.F. 2388 (3) “Working animal” means an animal used for performing 1 a specific duty or function in commerce, including but not 2 limited to entertainment, transportation, education, or 3 exhibition. 4 b. A city shall not adopt, enforce, or administer an 5 ordinance, motion, resolution, or amendment that regulates an 6 animal enterprise or a working animal. 7 c. This subsection does not do any of the following: 8 (1) Apply to a commercial establishment required to be 9 issued or renewed an authorization under chapter 162. 10 (2) Impair a city from enforcing a federal or state law. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill restricts a county or city from adopting, 15 enforcing, or administering an ordinance, motion, resolution, 16 or amendment that regulates an animal enterprise or a working 17 animal. 18 An animal enterprise refers to (1) a zoo or circus or (2) 19 a domesticated animal activity, domesticated animal event, or 20 activity associated with a domesticated animal activity sponsor 21 as defined or described in Code section 673.1. This includes 22 animals associated with clubs; stables; boarding facilities; 23 clubhouses; rides; fairs; rodeos; expositions; shows; sporting 24 events; events involving driving, pulling, or cutting; hunting; 25 or equine events. A working animal refers to an animal 26 used for performing a specific duty or function in commerce, 27 including but not limited to entertainment, transportation, 28 education, or exhibition. 29 The restriction does not apply to a commercial establishment 30 required to be issued or renewed an authorization by the 31 department of agriculture and land stewardship under Code 32 chapter 162 (animal shelter, boarding kennel, commercial 33 breeder, commercial kennel, dealer, pet shop, pound, public 34 auction, or research facility). It also does not apply to 35 -2- LSB 6027SV (2) 88 da/ns 2/ 3
S.F. 2388 impair a county or city from enforcing a federal or state law. 1 -3- LSB 6027SV (2) 88 da/ns 3/ 3