SF 393 (LSB 2094SV (2) 88)

SENATE FILE 393

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 285)

A BILL FOR

An Act providing for criminal offenses related to beekeeping. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 160.14, subsection 1, Code 2019, is amended to read as follows:
   1.  A person who knowingly sells, does any of the following is guilty of a simple misdemeanor:
   a.  Sells, barters, gives away, moves, or allows to be moved, a diseased or parasite-infested colony, package, equipment, or combs without the consent of the state apiarist, or exposes.
   b.  Exposes infected honey or infected equipment to the bees, or who willfully fails.
   c.  Fails or neglects to give proper treatment to a diseased or parasite-infested colony, or who interferes.
   d.  Interferes with the state apiarist or the state apiarist’s assistants in the performance of official duties or who refuses.
   e.  Refuses to permit the examination of bees or their destruction as provided in this chapter or violates.
   f.  Violates another provision of this chapter, except as provided in subsection 2, is guilty of a simple misdemeanor.
    Sec. 2.  Section 160.14, subsection 2, Code 2019, is amended to read as follows:
   2.  A Notwithstanding subsection 1, a person who knowingly moves or causes to be moved into this state a colony, package, used equipment, or combs in violation of section 160.5, is guilty of a serious misdemeanor.
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 provisions in Code chapter 160 which provides for the regulation of beekeeping by the department of agriculture and land stewardship. Code section 160.14(1) lists a number of acts which constitute a criminal offense (e.g., failing to properly care for bees or interfering with the department). The provision is phrased as a single sentence beginning with the requirement that one or all of the acts must be “knowingly” committed. The bill reformulates the sentence by stating that any of the acts constitutes a criminal offense if knowingly committed and then restructures the subsection to provide that each of a series of lettered paragraphs refers to a single criminal offense. A person who commits one of the discrete criminal offenses is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.