Text: HSB00686                          Text: HSB00688
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 687

Bill Text

PAG LIN
  1  1    Section 1.  Section 163.15, unnumbered paragraph 2, Code
  1  2 2001, is amended to read as follows:
  1  3    Any If an animal killed infected with a contagious disease
  1  4 is destroyed under such a program of eradication as provided
  1  5 in this section, the owner shall be compensated according to
  1  6 one of the following methods:
  1  7    1.  a.  A determination of an indemnity amount as agreed to
  1  8 by appraisal.  The determination shall be made by appraisers
  1  9 who shall be appraised by three competent and disinterested
  1 10 persons, including one to be who is appointed by the state
  1 11 department of agriculture and land stewardship, one who is
  1 12 appointed by the owner, and the third one who is appointed by
  1 13 agreement of the other two, and it department and the owner.
  1 14 The appraisers shall be their duty to appraise and report
  1 15 their appraisal under oath to the department of agriculture
  1 16 and land stewardship, and they.  The appraisers shall receive
  1 17 such compensation and expenses as shall be provided for in by
  1 18 the program.
  1 19    b.  Any A claim for an indemnity filed by the owner of such
  1 20 animal or animals so appraised shall not exceed the amount
  1 21 agreed upon by the majority decision of the appraisers.  For
  1 22 an animal other than registered purebred stock the indemnity
  1 23 amount shall be based on current market prices except in the
  1 24 case of.  For registered purebred stock, then the indemnity
  1 25 amount payable for indemnity may exceed market prices by not
  1 26 more than fifty percent.  The indemnity amount shall be less
  1 27 any indemnity which amount of indemnification that the owner
  1 28 might be allowed from the United States department of
  1 29 agriculture.  No An indemnity shall not be allowed for
  1 30 infected animals an animal if it is determined by the
  1 31 department of agriculture and land stewardship determines that
  1 32 such animals have the animal has been fed raw garbage as
  1 33 provided in section 163.26.  Claims
  1 34    c.  A claim for an indemnity and those filed by the
  1 35 appraisers owner and a claim for compensation and expenses by
  2  1 the appraisers shall be filed with the secretary of
  2  2 agriculture department and submitted by the secretary of
  2  3 agriculture to the executive council for its approval or
  2  4 disapproval.
  2  5    d.  There Upon approval by the executive council, there is
  2  6 appropriated to the department from any funds moneys in the
  2  7 state treasury general fund of the state not otherwise
  2  8 appropriated moneys sufficient funds to carry out the
  2  9 provisions of this section subsection.
  2 10    2.  A formula established by rule adopted by the department
  2 11 that is effective as determined by the department in
  2 12 accordance with chapter 17A and applicable upon approval of
  2 13 the plan of eradication approved by the executive council.
  2 14 The formula shall be applicable to indemnify owners if the
  2 15 executive council, upon recommendation by the secretary of
  2 16 agriculture, determines that an animal population in this
  2 17 state is threatened with infection from an exceptionally
  2 18 contagious disease.
  2 19    a.  An owner shall be paid an indemnity amount based on the
  2 20 formula, only if the owner elects to be paid under the formula
  2 21 in lieu of the determination by appointed appraisers as
  2 22 otherwise provided in this section.
  2 23    b.  The formula shall provide for the payment of the fair
  2 24 market value of an animal based on market prices paid for
  2 25 similar animals according to categories or criteria
  2 26 established by the department, which may include payment based
  2 27 on the species, breed, type, weight, sex, age, purebred
  2 28 status, and condition of the animal.  The department may
  2 29 provide for deductions based on other compensation received by
  2 30 the owner for the destruction of the animals.  The department
  2 31 may exclude a claim, if the person would be ineligible to
  2 32 receive compensation by three appointed appraisers as provided
  2 33 in this section.
  2 34    If an owner elects to be paid an indemnity amount based on
  2 35 a method that provides either a determination by appointed
  3  1 appraisers or pursuant to a formula, the owner shall not be
  3  2 entitled to revoke the election, unless otherwise provided by
  3  3 the department.  An owner's decision to delay or refuse to
  3  4 make an election under this section shall not affect the
  3  5 condemnation and destruction of infected animals under the
  3  6 program of eradication.  
  3  7                           EXPLANATION
  3  8    This bill amends Code section 163.15 that provides for the
  3  9 indemnification of owners of livestock referred to as
  3 10 "animals" which are condemned and destroyed under the
  3 11 authority of the department of agriculture and land
  3 12 stewardship upon approval by the executive council.  An animal
  3 13 is subject to condemnation and destruction if it is infected
  3 14 with a contagious disease (e.g., landers, farcy, maladie du
  3 15 coit, anthrax, foot and mouth disease, scabies, hog cholera,
  3 16 swine dysentery, tuberculosis, brucellosis, vesicular
  3 17 exanthema, scrapie, rinderpest, or ovine foot rot).  Moneys
  3 18 available for indemnification are paid from the general fund
  3 19 of the state.
  3 20    Code section 163.15 establishes a method for indemnifying
  3 21 owners based on an appraisal by three qualified and
  3 22 disinterested persons appointed by the department and an
  3 23 animal's owner.  The bill makes changes in the language of
  3 24 that provision in order to enhance its readability.
  3 25    The bill also establishes an alternative method of
  3 26 compensation.  It authorizes the department to establish a
  3 27 formula for indemnifying owners.  The formula is established
  3 28 by rule and becomes applicable when the plan of eradication is
  3 29 approved by the executive council.  In addition, in order for
  3 30 the formula to be available, the executive council, upon
  3 31 recommendation by the secretary of agriculture, must determine
  3 32 that an animal population in this state is threatened with
  3 33 infection from an extraordinary contagious disease.
  3 34    Under the bill, an owner is paid an indemnity amount based
  3 35 on the formula, only if the owner elects to be paid under the
  4  1 formula in lieu of the determination by appointed appraisers.
  4  2 The formula must provide for the payment of the fair market
  4  3 value of an animal based on market prices paid for similar
  4  4 animals according to categories or criteria established by the
  4  5 department.
  4  6    The bill provides that if an owner elects to be paid an
  4  7 indemnity amount based on a method that provides either a
  4  8 determination by appointed appraisers or a formula, the owner
  4  9 is not entitled to revoke the election, unless otherwise
  4 10 provided by the department.  The bill provides that an owner's
  4 11 decision to delay or refuse to make an election does not
  4 12 affect the condemnation and destruction of the infected
  4 13 animal.  
  4 14 LSB 6756HC 79
  4 15 da/cls/14

Text: HSB00686                          Text: HSB00688
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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