SSB 3170 (LSB 6334XC (4) 88)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON ZUMBACH)

A BILL FOR

An Act relating to the mistreatment of animals, including livestock, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
MISTREATMENT OF LIVESTOCK

    Section 1.  Section 717.1, subsection 4, Code 2020, is amended to read as follows:
   4.  “Livestock” means an any of the following:
   a.  An animal belonging to the bovine, caprine, equine, ovine, or porcine species,; ostriches, rheas, or emus; farm deer as defined in section 170.1; or turkeys, chickens, or other poultry.
   b.  An animal that is owned by a person who is entitled to report income on a schedule F as part of a form 1040 or form 1041 tax return filed with the United States internal revenue service.
DIVISION II
RELATED CHANGES

    Sec. 2.  Section 15E.202, subsection 2, Code 2020, is amended to read as follows:
   2.  “Agricultural commodity” means any unprocessed agricultural product, including livestock as defined in section 717.1 159.1A, agricultural crops, and forestry products grown, raised, produced, or fed in this state for sale in commercial channels.
    Sec. 3.  NEW SECTION.  159.1A  Chapter definition.
   As used in this chapter, “livestock” means an animal belonging to the bovine, caprine, equine, ovine, or porcine species; ostriches, rheas, or emus; farm deer as defined in section 170.1; or turkeys, chickens, or other poultry.
    Sec. 4.  Section 159.5, subsection 13, Code 2020, is amended to read as follows:
   13.  Establish and administer programs for the inspection and control of disease among livestock as defined in section 717.1.
    Sec. 5.  Section 162.1, subsection 2, Code 2020, is amended to read as follows:
   2.  This chapter does not apply to livestock as defined in section 717.1 159.1A or any other agricultural animal used in agricultural production as provided in chapter 717A.
    Sec. 6.  Section 163.3A, subsection 1, Code 2020, is amended to read as follows:
   1.  The department may provide veterinary emergency preparedness and response services necessary to prevent or control a serious threat to the public health, public safety, or the state’s economy caused by the transmission of disease among livestock as defined in section 717.1 159.1A or agricultural animals as defined in section 717A.1. The services may include measures necessary to ensure that all such animals carrying disease are properly identified, segregated, treated, or destroyed as provided in this Code.
    Sec. 7.  Section 172E.1, subsection 2, Code 2020, is amended to read as follows:
   2.  “Livestock” means the same as defined in section 717.1 159.1A.
    Sec. 8.  Section 236.3, subsection 1, paragraph g, Code 2020, is amended to read as follows:
   g.  Name or description of any pet or companion animal owned, possessed, leased, kept, or held by the petitioner, respondent, or minor child of the petitioner or respondent whose welfare may be affected by the controversy. However, this paragraph shall not apply to livestock as defined in section 717.1 159.1A, held solely or primarily for commercial purposes.
    Sec. 9.  Section 236.4, subsection 4, Code 2020, is amended to read as follows:
   4.  The court may include in the temporary order issued pursuant to this section a grant to the petitioner of the exclusive care, possession, or control of any pets or companion animals owned, possessed, leased, kept, or held by the petitioner, respondent, or minor child of the petitioner or respondent whose welfare may be affected by the controversy. The court may forbid the respondent from approaching, taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the pet or companion animal. This subsection shall not apply to livestock as defined in section 717.1 159.1A, held solely or primarily for commercial purposes.
    Sec. 10.  Section 236.5, subsection 1, paragraph b, subparagraph (7), Code 2020, is amended to read as follows:
   (7)  A grant to the petitioner of the exclusive care, possession, or control of any pets or companion animals owned, possessed, leased, kept, or held by the petitioner, respondent, or minor child of the petitioner or respondent whose welfare may be affected by the controversy. The court may forbid the respondent from approaching, taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the pet or companion animal. This subparagraph shall not apply to livestock as defined in section 717.1 159.1A, held solely or primarily for commercial purposes.
    Sec. 11.  Section 484B.1, subsection 7, Code 2020, is amended to read as follows:
   7.  “Livestock” means the same as defined in section 717.1 159.1A.
    Sec. 12.  Section 501A.102, subsection 14, Code 2020, is amended to read as follows:
   14.  “Livestock” means the same as defined in section 717.1 159.1A.
    Sec. 13.  Section 562.1A, subsection 3, Code 2020, is amended to read as follows:
   3.  “Livestock” means the same as defined in section 717.1 159.1A.
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 a number of Code chapters providing for livestock, including Code chapter 717 which creates criminal offenses for the mistreatment of livestock and civil actions brought in district court to rescue or care for livestock placed in danger. Code section 717.1 defines “livestock” as an animal belonging to a number of different species including bovine (e.g., cattle), caprine (goats), equine (e.g., horses), ovine (sheep), porcine (swine); ratites (ostriches, rheas, and emus); farm deer; and poultry. The bill provides that “livestock” expressly includes turkeys and chickens. It also provides that “livestock” includes an animal owned by a person who is eligible to report income on a schedule F as part of a federal tax return. Code chapter 717B provides for criminal offenses relating to the mistreatment of animals other than livestock and civil actions brought in district court to rescue and care for those animals. The expanded definition applies to offenses created under Code chapter 717D involving livestock participating in a contest event such as dog fighting.
   The bill amends a number of other Code sections providing for livestock by referring to the definition in Code section 717.1. The bill amends Code chapter 159 (the department of agriculture and land stewardship’s general chapter) to define livestock as an animal belonging to the bovine, caprine, equine, ovine, or porcine species; ostriches, rheas, or emus; farm deer; or turkeys, chickens, or other poultry. The bill provides that the definition of livestock as used in that Code chapter applies to the use of the term in the other Code chapters, including Code chapter 15E (economic development activities), Code chapter 162 (care of animals in commercial establishments), Code chapter 163 (the control of animal diseases), Code chapter 172E (dairy cattle sold for slaughter), Code chapter 236 (offenses involving domestic abuse), Code chapter 484B (hunting preserves), Code chapter 501A (cooperative associations), and Code chapter 562 (lease arrangements).
   A person who commits a form of animal mistreatment is subject to criminal penalties including livestock neglect punishable as a simple misdemeanor and livestock abuse punishable as an aggravated misdemeanor. A person who commits an offense involving a contest event is guilty of an aggravated misdemeanor or class “D” felony. 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. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.