Text: HF02513                           Text: HF02515
Text: HF02500 - HF02599                 Text: HF Index
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House File 2514

Partial Bill History

Bill Text

PAG LIN
  1  1                                            HOUSE FILE 2514
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE INDEMNIFICATION OF OWNERS OF ANIMALS WITH A
  1  5    CONTAGIOUS DISEASE UNDER A PLAN OF ERADICATION.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 163.15, unnumbered paragraph 2, Code
  1 10 2001, is amended to read as follows:
  1 11    Any If an animal killed infected with a contagious disease
  1 12 is destroyed under such a program of eradication as provided
  1 13 in this section, the owner shall be compensated according to
  1 14 one of the following methods:
  1 15    1.  a.  A determination of an indemnity amount as agreed to
  1 16 by appraisal.  The determination shall be made by appraisers
  1 17 who shall be appraised by three competent and disinterested
  1 18 persons, including one to be who is appointed by the state
  1 19 department of agriculture and land stewardship, one who is
  1 20 appointed by the owner, and the third one who is appointed by
  1 21 agreement of the other two, and it department and the owner.
  1 22 The appraisers shall be their duty to appraise and report
  1 23 their appraisal under oath to the department of agriculture
  1 24 and land stewardship, and they.  The appraisers shall receive
  1 25 such compensation and expenses as shall be provided for in by
  1 26 the program.
  1 27    b.  Any A claim for an indemnity filed by the owner of such
  1 28 animal or animals so appraised shall not exceed the amount
  1 29 agreed upon by the majority decision of the appraisers.  For
  1 30 an animal other than registered purebred stock the indemnity
  1 31 amount shall be based on current market prices except in the
  1 32 case of.  For registered purebred stock, then the indemnity
  1 33 amount payable for indemnity may exceed market prices by not
  1 34 more than fifty percent.  The indemnity amount shall be less
  1 35 any indemnity which amount of indemnification that the owner
  2  1 might be allowed from the United States department of
  2  2 agriculture.  No An indemnity shall not be allowed for
  2  3 infected animals an animal if it is determined by the
  2  4 department of agriculture and land stewardship determines that
  2  5 such animals have the animal has been fed raw garbage as
  2  6 provided in section 163.26.  Claims
  2  7    c.  A claim for an indemnity and those filed by the
  2  8 appraisers owner and a claim for compensation and expenses by
  2  9 the appraisers shall be filed with the secretary of
  2 10 agriculture department and submitted by the secretary of
  2 11 agriculture to the executive council for its approval or
  2 12 disapproval.
  2 13    d.  There Upon approval by the executive council, there is
  2 14 appropriated to the department from any funds moneys in the
  2 15 state treasury general fund of the state not otherwise
  2 16 appropriated moneys sufficient funds to carry out the
  2 17 provisions of this section subsection.
  2 18    2.  A formula established by rule adopted by the department
  2 19 that is effective as determined by the department in
  2 20 accordance with chapter 17A and applicable upon approval of
  2 21 the plan of eradication approved by the executive council.
  2 22 The formula shall be applicable to indemnify owners if the
  2 23 executive council, upon recommendation by the secretary of
  2 24 agriculture, determines that an animal population in this
  2 25 state is threatened with infection from an exceptionally
  2 26 contagious disease.
  2 27    a.  An owner shall be paid an indemnity amount based on the
  2 28 formula, only if the owner elects to be paid under the formula
  2 29 in lieu of the determination by appointed appraisers as
  2 30 otherwise provided in this section.
  2 31    b.  The formula shall provide for the payment of the fair
  2 32 market value of an animal based on market prices paid for
  2 33 similar animals according to categories or criteria
  2 34 established by the department, which may include payment based
  2 35 on the species, breed, type, weight, sex, age, purebred
  3  1 status, and condition of the animal.  The department may
  3  2 provide for deductions based on other compensation received by
  3  3 the owner for the destruction of the animals.  The department
  3  4 may exclude a claim, if the person would be ineligible to
  3  5 receive compensation by three appointed appraisers as provided
  3  6 in this section.
  3  7    If an owner elects to be paid an indemnity amount based on
  3  8 a method that provides either a determination by appointed
  3  9 appraisers or pursuant to a formula, the owner shall not be
  3 10 entitled to revoke the election, unless otherwise provided by
  3 11 the department.  An owner's decision to delay or refuse to
  3 12 make an election under this section shall not affect the
  3 13 condemnation and destruction of infected animals under the
  3 14 program of eradication.  
  3 15 
  3 16 
  3 17                                                             
  3 18                               BRENT SIEGRIST
  3 19                               Speaker of the House
  3 20 
  3 21 
  3 22                                                             
  3 23                               MARY E. KRAMER
  3 24                               President of the Senate
  3 25 
  3 26    I hereby certify that this bill originated in the House and
  3 27 is known as House File 2514, Seventy-ninth General Assembly.
  3 28 
  3 29 
  3 30                                                             
  3 31                               MARGARET THOMSON
  3 32                               Chief Clerk of the House
  3 33 Approved                , 2002
  3 34 
  3 35 
  4  1                            
  4  2 THOMAS J. VILSACK
  4  3 Governor
     
Text: HF02513                           Text: HF02515
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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