Text: SF02267 Text: SF02269 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2268 1 2 1 3 AN ACT 1 4 RELATING TO ANIMALS OTHER THAN LIVESTOCK, INCLUDING THE 1 5 TAKING OF SUCH ANIMALS, PROVIDING FOR THEIR DISPOSITION, 1 6 PROVIDING FOR THE REIMBURSEMENT OF DISPOSITIONAL EXPENSES, 1 7 PROVIDING FOR THE PROTECTION OF ANIMALS FROM INJURY OR 1 8 TORMENT, AND PROVIDING PENALTIES. 1 9 1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 11 1 12 Section 1. Section 351.37, Code 2001, is amended to read 1 13 as follows: 1 14 351.37 RUNNING AT LARGE – APPREHENSION AND IMPOUNDAGE. 1 15AnyA dogfoundshall be apprehended and impounded by a 1 16 local board of health or law enforcement official if the dog 1 17 is running at large and the dog is not wearing a valid rabies 1 18 vaccination tagand for which noor a rabies vaccination 1 19 certificatecan be produced shall be apprehended and impounded1 20 is not presented to the local board of health or law 1 21 enforcement official. 1 22When such dog has been apprehended and impounded, theThe 1 23 local board of health or law enforcement official shallgive1 24 provide written noticein not less than two daysto the owner, 1 25 ifknownthe local board of health or law enforcement official 1 26 can reasonably determine the owner's name and current address 1 27 by accessing a tag or other device that is on or a part of the 1 28 dog.IfThe notice shall be sent within two days after the 1 29 dog has been impounded. The notice shall provide that if the 1 30 owner does not redeem the dog within seven daysoffrom the 1 31 dateofthat the notice is delivered, the dog may be humanely 1 32 destroyed or otherwise disposed of in accordance with law. 1 33 For purposes of this section, notice is delivered when the 1 34 local board of health or law enforcement official mails the 1 35 notice which may be by regular mail. An owner may redeem a 2 1 dog by having it immediately vaccinated andbypaying the cost 2 2 of impoundment. 2 3 If the owner ofathe impounded dogapprehended or2 4impounded cannot be locatedfails to redeem the dog within 2 5 seven days from the date of the delivery of the notice to the 2 6 dog's owner as provided in this section, theanimaldog may be 2 7humanely destroyed or otherwisedisposed of in accordance with 2 8 law. If the dog is destroyed, it must be destroyed by 2 9 euthanasia as defined in section 162.2. 2 10 Sec. 2. Section 717B.1, Code 2001, is amended by adding 2 11 the following new subsections: 2 12 NEW SUBSECTION. 3A. "Dispositional expenses" means 2 13 expenses incurred by a local authority in rescuing an animal 2 14 as provided in section 717B.5, maintaining the animal until 2 15 the conclusion of a dispositional proceeding as provided in 2 16 section 717B.4, or disposing of the animal as provided in 2 17 section 717B.4. 2 18 NEW SUBSECTION. 7. "Responsible party" means a person who 2 19 owns or maintains an animal. 2 20 NEW SUBSECTION. 8. "Threatened animal" means an animal 2 21 that is abused as provided in section 717B.2, neglected as 2 22 provided in section 717B.3, or tortured as provided in section 2 23 717B.3A. 2 24 Sec. 3. Section 717B.4, Code 2001, is amended to read as 2 25 follows: 2 26 717B.4DISPOSITION OF NEGLECTED ANIMALSDISPOSITIONAL 2 27 PROCEEDINGS. 2 28 1.AUpon a petition brought by a local authority, a court 2 29 in the county where an animal is maintained by a responsible 2 30 party or a local authority shall determine if the animal is a 2 31 threatened animal and ordertheits dispositionof an animal2 32neglected as provided in section 717B.3after a hearingupon2 33application or petition to the court by a local authority or2 34the person owning or caring for the animal. 2 35 a. The matter shall be heard within ten days from the 3 1 filing of the petition for disposition by the local authority. 3 2 b. If the animal has been rescued, the court may order 3 3 that the animal be placed under the custody of the local 3 4 authority and maintained in the same manner as a rescued 3 5 animal under section 717B.5. 3 6 c. The court may continue the hearing for up toforty3 7 thirty days upon petition by thepersonresponsible party. 3 8 However, the court shall not grant a continuance unless the 3 9 animal is maintained by the local authority.the person shall3 10 The responsible party must post a bond or other security with 3 11 the local authorityin anas a condition of the continuance. 3 12 The amount of the bond or other security shall be determined 3 13 by the court, which shall not be more than the amount 3 14 sufficient to provide maintenance of the animal forforty3 15 thirty days. The court may grant a subsequent continuanceby3 16the personupon petition by the responsible party. The 3 17 continuance shall be forthe same length of time if the person3 18submitsnot more than thirty days. The responsible party must 3 19 post a new bond or security as a condition of the subsequent 3 20 continuance in the same manner as the original bond or 3 21 security or as otherwise ordered by the court. However, the 3 22 court shall order the immediate disposition of the animal if 3 23 the animal is permanently distressed by disease or injury to a 3 24 degree that would result in severe or prolonged suffering. 3 25 2. The hearing to determine if the animalhas been3 26neglectedis a threatened animal for purposes of disposition 3 27 shall be a civil proceeding. If the case is related to a 3 28 criminal proceeding, the disposition shall not be part of that 3 29 proceeding and shall not be considered a criminal penalty 3 30 imposed on a person found in violation ofsection 717B.3this 3 31 chapter. 3 32 3.AIf the court determines that an animal is not a 3 33 threatened animal, the court shall order that the animal be 3 34 returned to the custody of the responsible party. If the 3 35 court determines that an animal is a threatened animal, the 4 1 court shall order the local authority to dispose of the 4 2 threatened animal in any manner deemed appropriate for the 4 3 welfare of the animal. In addition, all of the following 4 4 apply: 4 5 a. The court may ordera person owningtheneglected4 6animalresponsible party to pay an amount which shall not be 4 7 more than the dispositional expenses incurredin maintaining4 8the neglected animal rescued pursuant to section 717B.5, and4 9 by the local authority. The court may also award the local 4 10 authority court costs, reasonable attorney fees and expenses 4 11 related to the investigation and prosecution of the case, 4 12 which shall be taxed as part of the costs of the action.The4 13remaining amount of a bond or other security posted pursuant4 14to this chapter shall be used to reimburse4 15 c. If a bond or other security was posted as a condition 4 16 for a continuance of a disposition hearing as provided in this 4 17 section, the local authority may use the posted amount to 4 18 offset the local authority's dispositional expenses.If more4 19than one person has a divisible interest in the animal, the4 20amount required to be paid shall be prorated based on the4 21percentage of interest in the animal owned by each person.4 22The moneys shall be paid to the local authority incurring the4 23expense. The amount shall be subtracted from proceeds owed to4 24the owner or owners of the animal, which are received from the4 25sale of the animal ordered by the court.4 26 d.Moneys owed to the local authorityIf any moneys are 4 27 realized from thesaledisposition of aneglectedthreatened 4 28 animal, the moneys shall bepaidused to offset the local 4 29authorityauthority's dispositional expenses before satisfying 4 30 indebtedness secured by any security interest in or lien on 4 31 the threatened animal. 4 32 e. If the threatened animal is owned by more than one 4 33 responsible party, the amount required to offset the local 4 34 authority's dispositional expenses shall be prorated among the 4 35 responsible parties based on the percentage of interest owned 5 1 in the threatened animal attributable to the responsible 5 2 parties as the threatened animal's titleholders. For purposes 5 3 of this paragraph, a responsible party who does not own an 5 4 interest in the threatened animal shall be deemed to be an 5 5 owner holding a percentage interest in the animal equal to the 5 6 largest percentage interest held by a landowner who is 5 7 attributed an interest as the threatened animal's titleholder. 5 8 Ifan owner oftheanimalresponsible party is a landowner, 5 9 the local authority may submitanthe amount to reimburse the 5 10 local authority for its dispositional expenses to the clerk of 5 11 the county board of supervisors who shall report the amount to 5 12 the county treasurer.The amount shall equal the balance5 13remaining after the sale of the animal.If the threatened 5 14 animalowner owns a percentage of the animal, the reported5 15amount shall equal the remaining balance owed by all5 16landowners who own a percentage of the animal. Thatis owned 5 17 by more than one landowner, the amount shall be prorated among 5 18 the landowners based on the percentage of interest owned in 5 19 the threatened animal attributable to each landowner as the 5 20 animal's titleholders. The amount shall be placed upon the 5 21 tax books, and collected with interest and penalties after 5 22 due, in the same manner as other unpaid property taxes. The 5 23 county shall reimburse a city within thirty days from the 5 24 collection of the property taxes. 5 25 4.Neglected animalsA threatened animal that is ordered 5 26 by a court to be destroyed under this section shall be 5 27 destroyed only bya humane method, includingeuthanasia as 5 28 defined in section 162.2. 5 29 Sec. 4. Section 717B.5, Code 2001, is amended to read as 5 30 follows: 5 31 717B.5 RESCUE OFNEGLECTEDTHREATENED ANIMALS. 5 32 A local authority may provide for the rescue of an animal 5 33 as follows: 5 34 1.AThe rescue must be made by a law enforcement officer,5 35 having cause to believe that the animal is a threatened animal 6 1 after consulting with a veterinarian licensed pursuant to 6 2 chapter 169, may. The law enforcement officer may rescuean6 3animal neglected as provided in section 717B.3the animal by 6 4 entering on public or private property, as provided in this 6 5 subsection. The officer may enter onto property of a person 6 6 to rescuea neglected the animal,if the officer obtains a 6 7 search warrant issued by a court, or enters onto the premises 6 8 in a manner consistent with the laws of this state and the 6 9 United States, including Article I, section 8, of the 6 10 Constitution of the State of Iowa, or the fourth amendment to 6 11 the Constitution of the United States. 6 12 2. If an animal is rescued pursuant to this section, the 6 13 local authority shall provide for the maintenance of the 6 14neglectedanimal. The local authority may contract with an 6 15 animal care provider for the maintenance of theneglected6 16 animal. The local authority shallpostprovide the 6 17 responsible party for the animal with notice of the rescue. 6 18 The notice may be accomplished by doing any of the following: 6 19 a. Delivering written notice to the responsible party's 6 20 last known address by the United States postal service or 6 21 personal service. 6 22 b. Posting a notice in a conspicuous place at the location 6 23 where the animal was rescued. 6 24 The notice shall state that the animal has been rescued by 6 25 the local authority pursuant to this section. 6 26 3. Within ten days after the date that an animal is 6 27 rescued, the local authority shall initiate a dispositional 6 28 proceeding pursuant to section 717B.4. 6 29 4. The local authority shall pay the animal care provider 6 30 for the animal's maintenance regardless of proceeds received 6 31 from thesale of thedisposition of the animal or any 6 32 reimbursement ordered by a court, pursuant to section 717B.4. 6 333. The animal shall be subject to disposition as required6 34by a court, pursuant to section 717B.4.6 35 Sec. 5. NEW SECTION. 717D.1 DEFINITIONS. 7 1 1. "Animal" means a nonhuman vertebrate. 7 2 2. "Contest animal" means a bull, bear, chicken, or dog. 7 3 3. "Contest device" means equipment designed to enhance a 7 4 contest animal's entertainment value during training or a 7 5 contest event, including a device to improve the contest 7 6 animal's competitiveness. 7 7 4. "Contest event" means a function organized for the 7 8 entertainment or profit of spectators where a contest animal 7 9 is injured, tormented, or killed, if the contest animal is a 7 10 bull involved in a bullfight or bull baiting, a bear involved 7 11 in bear baiting, a chicken involved in cock fighting, or a dog 7 12 involved in dog fighting. 7 13 5. "Establishment" means the location where a contest 7 14 event occurs or is to occur, regardless of whether a contest 7 15 animal is present at the establishment or the contest animal 7 16 is witnessed by means of an electronic signal transmitted to 7 17 the location. 7 18 6. "Livestock" means the same as defined in section 717.1. 7 19 7. "Local authority" means the same as defined in section 7 20 717B.1. 7 21 8. "Promoter" means a person who charges admission for 7 22 entry into an establishment or organizes, holds, advertises, 7 23 or otherwise conducts a contest event. 7 24 9. "Spectator" means a person who attends an establishment 7 25 for purposes of witnessing a contest event. 7 26 10. "Trainer" means a person who trains a contest animal 7 27 for purposes of engaging in a contest event, regardless of 7 28 where the contest event is located. A trainer includes a 7 29 person who uses a contest device. 7 30 11. "Transporter" means a person who moves a contest 7 31 animal for delivery to a training location or a contest event 7 32 location. 7 33 Sec. 6. NEW SECTION. 717D.2 PROHIBITIONS – CONTEST 7 34 EVENTS. 7 35 A person shall not do any of the following: 8 1 1. Own or operate an establishment located in this state 8 2 in which a contest event occurs or is to occur. 8 3 2. Act as a promoter of a contest event, regardless of 8 4 whether the contest event occurs in this state or another 8 5 state. For purposes of this subsection, a person who aids, 8 6 abets, or assists in the promotion of a contest event shall be 8 7 deemed to act as a promoter. 8 8 3. Act as a trainer of a contest animal engaged or to be 8 9 engaged in a contest event conducted in this state or another 8 10 state. For purposes of this subsection, a person who aids, 8 11 abets, or assists in the training of a contest animal engaged 8 12 or to be engaged in a contest event shall be deemed to act as 8 13 a trainer. 8 14 4. Act as a transporter moving a contest animal in this 8 15 state. 8 16 5. Act as a spectator of a contest event conducted in this 8 17 state, regardless of whether the person paid admission to 8 18 witness the contest event. 8 19 Sec. 7. NEW SECTION. 717D.4 EXCEPTIONS. 8 20 1. This chapter does not apply to a function other than a 8 21 contest event. A contest event does not involve any of the 8 22 following events: 8 23 a. A race, including but not limited to a race regulated 8 24 under chapter 99D. 8 25 b. A fair as defined in section 174.1. 8 26 c. A rodeo or rodeo event. 8 27 d. A 4-H function. 8 28 e. A hunting or fishing party. 8 29 f. A field meet or trial in which the skill of dogs is 8 30 demonstrated in pointing, retrieving, trailing, or chasing any 8 31 game bird, game animal, or fur-bearing animal. 8 32 g. The raising or selling of game or fur-bearing animals 8 33 as provided in chapter 481A. 8 34 2. This chapter shall not apply to any of the following: 8 35 a. An action to carry out an order issued by a court. 9 1 b. An action by a licensed veterinarian practicing 9 2 veterinary medicine as provided in chapter 169. 9 3 c. An action that is consistent with animal husbandry 9 4 practices. 9 5 d. An action allowed in order to carry out another 9 6 provision of law which allows the action. 9 7 e. The taking, hunting, trapping, or fishing for a wild 9 8 animal as provided in chapter 481A. 9 9 f. An action to protect the person's property from a wild 9 10 animal as defined in section 481A.1. 9 11 g. An action to protect a person from injury or death 9 12 caused by a wild animal as defined in section 481A.1. 9 13 h. A person reasonably acting to protect the person's 9 14 property from damage caused by an unconfined animal. 9 15 i. A person reasonably acting to protect a person from 9 16 injury or death caused by an unconfined animal. 9 17 j. A local authority reasonably acting to destroy an 9 18 animal, if at the time of the destruction, the owner of the 9 19 animal is absent or unable to care for the animal, and the 9 20 animal is permanently distressed by disease or injury to a 9 21 degree that would result in severe and prolonged suffering. 9 22 k. An institution, as defined in section 145B.1, or a 9 23 research facility, as defined in section 162.2, provided that 9 24 the institution or research facility performs functions within 9 25 the scope of accepted practices and disciplines associated 9 26 with the institution or research facility. 9 27 Sec. 8. NEW SECTION. 717D.5 PENALTIES. 9 28 A person who violates a provision of this chapter is guilty 9 29 of a serious misdemeanor. 9 30 Sec. 9. NEW SECTION. 717D.6 CONFISCATION AND DISPOSITION 9 31 OF ANIMALS. 9 32 A local authority may confiscate a contest animal that is 9 33 trained with a contest device or is part of a contest event. 9 34 The contest animal may be rescued and disposed of as neglected 9 35 livestock or other animal pursuant to section 717.5 or 717B.4. 10 1 If the contest animal is not rescued and disposed of pursuant 10 2 to section 717.5 or 717B.4, it shall be forfeited to the state 10 3 and subject to disposition as ordered by the court. In 10 4 addition, the court shall order the owner of the contest 10 5 animal to pay an amount which shall not be more than the 10 6 expenses incurred in maintaining or disposing of the contest 10 7 animal. The court may also order that the person pay 10 8 reasonable attorney fees and expenses related to the 10 9 investigation of the case that shall be taxed as other court 10 10 costs. If more than one person has a divisible interest in 10 11 the contest animal, the amount required to be paid shall be 10 12 prorated based on the percentage of interest in the contest 10 13 animal owned by each person. The moneys shall be paid to the 10 14 local authority incurring the expense. The amount shall be 10 15 subtracted from proceeds which are received from the sale of 10 16 the contest animal ordered by the court. 10 17 Sec. 10. Section 717B.7, Code 2001, is repealed. 10 18 10 19 10 20 10 21 MARY E. KRAMER 10 22 President of the Senate 10 23 10 24 10 25 10 26 BRENT SIEGRIST 10 27 Speaker of the House 10 28 10 29 I hereby certify that this bill originated in the Senate and 10 30 is known as Senate File 2268, Seventy-ninth General Assembly. 10 31 10 32 10 33 10 34 MICHAEL E. MARSHALL 10 35 Secretary of the Senate 11 1 Approved , 2002 11 2 11 3 11 4 11 5 THOMAS J. VILSACK 11 6 Governor
Text: SF02267 Text: SF02269 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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