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Senate File 470

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Bill Text

PAG LIN
  1  1                                            SENATE FILE 470
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO THE REGULATION OF INFECTIOUS AND CONTAGIOUS
  1  5    DISEASES IN ANIMALS, AND PROVIDING FOR PENALTIES.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 163.1, unnumbered paragraph 1, Code
  1 10 2001, is amended to read as follows:
  1 11    In the enforcement of The department shall administer and
  1 12 enforce the provisions of this chapter, and rules adopted by
  1 13 the department pursuant to this chapter.  In administering the
  1 14 provisions of this chapter, the department of agriculture and
  1 15 land stewardship shall have power to do all of the following:
  1 16    Sec. 2.  Section 163.6, subsection 4, Code 2001, is amended
  1 17 by striking the subsection.
  1 18    Sec. 3.  Section 163.18, Code 2001, is amended to read as
  1 19 follows:
  1 20    163.18  FALSE REPRESENTATION.
  1 21    Any A person who shall not knowingly makes any make a false
  1 22 representation as to the purpose for which a about the
  1 23 shipment of animals an animal that is being or will be made,
  1 24 with the intent to avoid or prevent an the animal's inspection
  1 25 of such animals for the purpose of determining that is
  1 26 conducted in order to determine whether the animals are animal
  1 27 is free from disease, shall be guilty of a simple misdemeanor.
  1 28    Sec. 4.  Section 163.23, Code 2001, is amended to read as
  1 29 follows:
  1 30    163.23  FALSE CERTIFICATES OF HEALTH – PENALTY.
  1 31    Any A veterinarian issuing shall not issue a certificate of
  1 32 health for an animal knowing that the animal described therein
  1 33 in the certificate of health was not the same animal from
  1 34 which the tests were made as a basis for issuing the
  1 35 certificate or who.  A veterinarian shall not otherwise
  2  1 falsifies any such falsify a certificate shall be guilty of a
  2  2 fraudulent practice of health.
  2  3    Sec. 5.  Section 163.24, Code 2001, is amended to read as
  2  4 follows:
  2  5    163.24  USING FALSE CERTIFICATE.
  2  6    Any A person, firm, or corporation importing, exporting, or
  2  7 transporting shall not conduct a transaction to import,
  2  8 export, or transport an animal within this state or selling
  2  9 sell or offering offer for sale any an animal for which, if
  2 10 the person uses a certificate of health has been issued and
  2 11 who uses such certificate in connection with any of said
  2 12 transactions the transaction knowing that the animal described
  2 13 in said the certificate of health was not the animal from
  2 14 which the tests were made as a basis for issuing the
  2 15 certificate or who knowingly uses any of health.  A person
  2 16 shall not otherwise use an altered or otherwise false
  2 17 certificate in connection with any of said transactions shall
  2 18 be guilty of a fraudulent practice such transaction.
  2 19    Sec. 6.  Section 163.25, Code 2001, is amended to read as
  2 20 follows:
  2 21    163.25  ALTERING CERTIFICATE.
  2 22    Any A person, firm, or corporation removing or altering
  2 23 shall not remove or alter a tag or mark of identification
  2 24 appearing on any an animal, tested or being tested for
  2 25 disease, any if the tag or mark of identification is
  2 26 authorized by the department or inserted by any qualified
  2 27 veterinarian or altering any.  A person shall not alter a
  2 28 certificate of vaccination issued by one a person authorized
  2 29 to vaccinate animals shall be guilty of a fraudulent practice
  2 30 the animal.
  2 31    Sec. 7.  NEW SECTION.  163.51  CIVIL PENALTIES.
  2 32    1.  The department shall establish, by rule, civil
  2 33 penalties which may be administratively or judicially
  2 34 assessed.  The attorney general shall cooperate with the
  2 35 department in the assessment and collection of civil
  3  1 penalties.
  3  2    2.  a.  Except as provided in paragraph "b", a person
  3  3 violating a provision of this chapter, or a rule adopted
  3  4 pursuant to this chapter, shall be subject to a civil penalty
  3  5 of at least one hundred dollars but not more than one thousand
  3  6 dollars.  In the case of a continuing violation, each day of
  3  7 the continuing violation is a separate violation.  However, a
  3  8 person shall not be subject to a civil penalty totaling more
  3  9 than twenty-five thousand dollars.
  3 10    b.  Notwithstanding the provisions of paragraph "a", a
  3 11 person who falsifies a health certificate, veterinarian
  3 12 inspection certificate, or certificate of inspection shall be
  3 13 subject to a civil penalty of not more than five thousand
  3 14 dollars for each reference to an animal falsified on the
  3 15 certificate.  However, a person who falsifies a certificate of
  3 16 inspection issued pursuant to chapter 166D shall be subject to
  3 17 a civil penalty as provided in this section or section
  3 18 166D.16, but not both.  A person shall not be subject to a
  3 19 civil penalty totaling more than twenty-five thousand dollars
  3 20 for falsifying a certificate, regardless of the number of
  3 21 animals falsified on the certificate.
  3 22    3.  Moneys collected from civil penalties shall be
  3 23 deposited into the general fund of the state.
  3 24    Sec. 8.  NEW SECTION.  163.52  INJUNCTIVE RELIEF.
  3 25    The department or the attorney general acting on behalf of
  3 26 the department may apply to the district court for injunctive
  3 27 relief in order to restrain a person from acting in violation
  3 28 of this chapter.  In order to obtain injunctive relief, the
  3 29 department shall not be required to post a bond or prove the
  3 30 absence of an adequate remedy at law, unless the court for
  3 31 good cause otherwise orders.  The court may order any form of
  3 32 prohibitory or mandatory relief that is appropriate under
  3 33 principles of equity, including but not limited to issuing a
  3 34 temporary or permanent restraining order.
  3 35    Sec. 9.  DIRECTIONS TO CODE EDITOR.  The Code editor shall
  4  1 organize chapter 163 into subchapters based on divisions of
  4  2 the chapter and this Act, and replace the term "division" with
  4  3 "subchapter" wherever it occurs in the chapter.
  4  4    Sec. 10.  Sections 163.21, 163.29, and 163.31, Code 2001,
  4  5 are repealed.  
  4  6 
  4  7 
  4  8                                                             
  4  9                               MARY E. KRAMER
  4 10                               President of the Senate
  4 11 
  4 12 
  4 13                                                             
  4 14                               BRENT SIEGRIST
  4 15                               Speaker of the House
  4 16 
  4 17    I hereby certify that this bill originated in the Senate and
  4 18 is known as Senate File 470, Seventy-ninth General Assembly.
  4 19 
  4 20 
  4 21                                                             
  4 22                               MICHAEL E. MARSHALL
  4 23                               Secretary of the Senate
  4 24 Approved                , 2001
  4 25 
  4 26 
  4 27                                
  4 28 THOMAS J. VILSACK
  4 29 Governor
     
Text: SF00469                           Text: SF00471
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Bills and Amendments: General Index     Bill History: General Index

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