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House File 745

Partial Bill History

Bill Text

PAG LIN
  1  1                                            HOUSE FILE 745     
  1  2                                    
  1  3                             AN ACT 
  1  4 REGULATING FOOT AND MOUTH DISEASE AND PROVIDING AN EFFECTIVE 
  1  5    DATE.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 163.2, Code 2001, is amended by adding
  1 10 the following new unnumbered paragraph:
  1 11    NEW UNNUMBERED PARAGRAPH.  As used in this chapter, "foot
  1 12 and mouth disease" means a virus of the family picornaviridae,
  1 13 genus aphthovirus, including any immunologically distinct
  1 14 serotypes.  
  1 15                     FOOT AND MOUTH DISEASE
  1 16    Sec. 2.  NEW SECTION.  163.51  SECURITY MEASURES.
  1 17    1.  The department may establish security measures in order
  1 18 to control outbreaks of foot and mouth disease in this state,
  1 19 including by providing for the prevention, suppression, and
  1 20 eradication of foot and mouth disease.  In administering and
  1 21 enforcing this section, the department may adopt rules and
  1 22 shall issue orders in a manner consistent with sound
  1 23 veterinary principles and federal law for the control of
  1 24 outbreaks of the disease.  The department may implement the
  1 25 security measures by doing any of the following:
  1 26    a.  If the department determines that an animal is infected
  1 27 with or exposed to foot and mouth disease, or the department
  1 28 suspects that an animal is so infected or exposed, the
  1 29 department may provide for all of the following:
  1 30    (1)  The quarantine, condemnation, or destruction of the
  1 31 animal.  The department may establish quarantined areas and
  1 32 regulate activities in the quarantined areas, including
  1 33 movement or relocation of animals or other property within,
  1 34 into, or from the quarantined areas.  This section does not
  1 35 authorize the department to provide for the destruction of
  2  1 personal property other than an animal.
  2  2    (2)  The inspection or examination of the animal's premises
  2  3 in order to perform an examination or test to determine
  2  4 whether the animal is or was infected or exposed or whether
  2  5 the premises is contaminated.  The department may take a blood
  2  6 or tissue sample of any animal on the premises.
  2  7    (3)  The compelling of a person who is the owner or
  2  8 custodian of the animal to provide information regarding the
  2  9 movement or relocation of the animal or the vaccination status
  2 10 of the animal or the herd where the animal originates.  The
  2 11 department may issue a subpoena for relevant testimony or
  2 12 records as defined in section 516E.1.  In the case of a
  2 13 failure or refusal of the person to provide testimony or
  2 14 records, the district court upon application of the department
  2 15 or the attorney general acting upon behalf of the department,
  2 16 may order the person to show cause why the person should not
  2 17 be held in contempt.  The court may order the person to
  2 18 provide testimony or produce the record or be punished for
  2 19 contempt as if the person refused to testify before the court
  2 20 or disobeyed a subpoena issued by the court.
  2 21    b.  The department may provide for the cleaning and
  2 22 disinfection of real or personal property, if the department
  2 23 determines that the property is contaminated with foot and
  2 24 mouth disease or suspects that the property is contaminated
  2 25 with foot and mouth disease.
  2 26    2.  a.  If the department determines that there is a
  2 27 suspected outbreak of foot and mouth disease in this state,
  2 28 the department shall immediately notify all of the following:
  2 29    (1)  The governor or a designee of the governor.  The
  2 30 notification shall contain information regarding actions being
  2 31 implemented or recommended in order to determine if the
  2 32 outbreak is genuine and measures to control a genuine
  2 33 outbreak.
  2 34    (2)  The administrative unit of the United States
  2 35 department of agriculture responsible for controlling
  3  1 outbreaks in this state.
  3  2    b.  If the department confirms an outbreak of foot and
  3  3 mouth disease in this state, the department shall cooperate
  3  4 with the governor; federal agencies, including the United
  3  5 States department of agriculture; and state agencies,
  3  6 including the emergency management division of the department
  3  7 of public defense, in order to provide the public with timely
  3  8 and accurate information regarding the outbreak.  The
  3  9 department shall cooperate with organizations representing
  3 10 agricultural producers in order to provide all necessary
  3 11 information to agricultural producers required to control the
  3 12 outbreak.
  3 13    3.  The department shall cooperate with federal agencies,
  3 14 including the United States department of agriculture, other
  3 15 state agencies and law enforcement entities, and agencies of
  3 16 other states.  Other state agencies and law enforcement
  3 17 entities shall assist the department.
  3 18    4.  a.  To the extent that an animal's owner would not
  3 19 otherwise be compensated, section 163.15 shall apply to the
  3 20 owner's loss of any animal destroyed under this section.
  3 21    b.  Upon the request of the executive council, the
  3 22 department shall develop and submit a plan to the executive
  3 23 council that compensates an owner of property, other than an
  3 24 animal, that is inadvertently destroyed by the department as a
  3 25 result of the department's regulation of activities in a
  3 26 quarantined area.  The plan shall not be implemented without
  3 27 the approval of at least three members of the executive
  3 28 council.  The payment of the compensation under the plan shall
  3 29 be made in the same manner as provided in section 163.15.  The
  3 30 owner may submit a claim for compensation prior to the plan's
  3 31 implementation.  The executive council may apply the plan
  3 32 retroactively, but not earlier than the effective date of this
  3 33 Act.
  3 34    5.  Nothing in this section limits the department's
  3 35 authority to regulate animals or premises under other
  4  1 provisions of state law, including this chapter.
  4  2    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of
  4  3 immediate importance, takes effect upon enactment.  
  4  4 
  4  5 
  4  6                                                             
  4  7                               BRENT SIEGRIST
  4  8                               Speaker of the House
  4  9 
  4 10 
  4 11                                                             
  4 12                               MARY E. KRAMER
  4 13                               President of the Senate
  4 14 
  4 15    I hereby certify that this bill originated in the House and
  4 16 is known as House File 745, Seventy-ninth General Assembly.
  4 17 
  4 18 
  4 19                                                             
  4 20                               MARGARET THOMSON
  4 21                               Chief Clerk of the House
  4 22 Approved                , 2001
  4 23 
  4 24 
  4 25                            
  4 26 THOMAS J. VILSACK
  4 27 Governor
     

Text: HF00744                           Text: HF00746
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