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House File 2382

Partial Bill History

Bill Text

PAG LIN
  1  1                                         HOUSE FILE 2382
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE IDENTIFICATION OF ANIMALS AND PROVIDING
  1  5    PENALTIES.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 169A.1, Code 1997, is amended by adding
  1 10 the following new subsections:
  1 11    NEW SUBSECTION.  0A.  "Animal" means a creature belonging
  1 12 to the bovine, caprine, equine, ovine, or porcine species;
  1 13 ostriches, rheas, or emus; farm deer as defined in section
  1 14 481A.1; or poultry.
  1 15    NEW SUBSECTION.  1A.  "Computer" means the same as defined
  1 16 in section 22.3A.
  1 17    NEW SUBSECTION.  2A.  "Identification device" means a
  1 18 device which when installed is designed to store information
  1 19 regarding an animal or the animal's owner in an electronic
  1 20 format which may be accessed by a computer for purposes of
  1 21 reading or manipulating the information.
  1 22    NEW SUBSECTION.  2B.  "Install" means to place an
  1 23 identification device onto or beneath the hide or skin of an
  1 24 animal, including but not limited to fixing the device into
  1 25 the ear of an animal or implanting the device beneath the skin
  1 26 of the animal.
  1 27    Sec. 2.  Section 169A.10, Code 1997, is amended to read as
  1 28 follows:
  1 29    169A.10  EVIDENCE OF OWNERSHIP – INVESTIGATIONS.
  1 30    1.  In a suit at law or equity or in any criminal
  1 31 proceedings in which the title to livestock an animal is an
  1 32 issue, a the following shall be admissible as evidence:
  1 33    a.  A certified copy recorded of a record as provided for
  1 34 in section 169A.6 or 169A.9.  The certified copy shall be
  1 35 prima facie evidence of the ownership of the livestock by the
  2  1 person in whose name the brand is recorded.
  2  2    b.  Information stored in an identification device which
  2  3 identifies the owner of an animal.  The information shall be
  2  4 prima facie evidence of the ownership of the animal, if all of
  2  5 the following apply:
  2  6    (1)  The identification device meets applicable design
  2  7 standards adopted by the international standard organization,
  2  8 or which may be adopted by the department.
  2  9    (2)  The identification device is installed according to
  2 10 manufacturer's requirements.
  2 11    (3)  The information is not in conflict with a certified
  2 12 copy of a record as provided for in section 169A.6 or 169A.9.
  2 13    c.  The results of a sheriff's investigation as provided in
  2 14 this section.
  2 15    2.  A dispute involving the custody or ownership of
  2 16 livestock an animal branded or subject to electronic
  2 17 identification under this chapter shall be investigated, on
  2 18 request, by the sheriff of the county where the livestock
  2 19 animal is located.  The sheriff may call upon the services of
  2 20 an authorized person, approved by the secretary, in reading
  2 21 the brands on animals.  The cost of the services shall be paid
  2 22 by the person requesting the investigation.  The results of
  2 23 the sheriff's investigation shall be is a public record and is
  2 24 admissible as evidence.
  2 25    Sec. 3.  Section 169A.14, Code 1997, is amended to read as
  2 26 follows:
  2 27    169A.14  TAMPERING WITH BRAND.
  2 28    1.  Any A person who shall brand, not do any of the
  2 29 following to an animal:
  2 30    a.  Brand, attempt to brand, or cause to be branded the
  2 31 animals of another, or who shall efface livestock, without
  2 32 authorization from the owner.
  2 33    b.  Efface, deface, or obliterate or attempt to efface,
  2 34 deface, or obliterate any a brand upon any animal or animals
  2 35 of another, or who shall brand, without authorization from the
  3  1 owner of the livestock.
  3  2    c.  Brand, attempt to brand, or cause to be branded the a
  3  3 recorded brand of another on any animal shall be livestock,
  3  4 without authorization of the owner of the brand.
  3  5    d.  Install an electronic device or remove or damage an
  3  6 installed electronic device, without authorization from the
  3  7 owner of an animal.
  3  8    2.  A person violating this section is guilty of a
  3  9 fraudulent practice as provided in chapter 714.  
  3 10 
  3 11 
  3 12                                                             
  3 13                               RON J. CORBETT
  3 14                               Speaker of the House
  3 15 
  3 16 
  3 17                                                             
  3 18                               MARY E. KRAMER
  3 19                               President of the Senate
  3 20 
  3 21    I hereby certify that this bill originated in the House and
  3 22 is known as House File 2382, Seventy-seventh General Assembly.
  3 23 
  3 24 
  3 25                                                             
  3 26                               ELIZABETH ISAACSON
  3 27                               Chief Clerk of the House
  3 28 Approved                , 1998
  3 29 
  3 30 
  3 31                         
  3 32 TERRY E. BRANSTAD
  3 33 Governor
     
Text: HF02381                           Text: HF02383
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Bills and Amendments: General Index     Bill History: General Index

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