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Senate Study Bill 1228

Bill Text

PAG LIN
  1  1    Section 1.  Section 163.1, unnumbered paragraph 1, Code
  1  2 2001, is amended to read as follows:
  1  3    In the enforcement of The department shall administer and
  1  4 enforce the provisions of this chapter, and rules adopted by
  1  5 the department pursuant to this chapter.  In administering the
  1  6 provisions of this chapter, the department of agriculture and
  1  7 land stewardship shall have power to do all of the following:
  1  8    Sec. 2.  Section 163.6, subsection 4, Code 2001, is amended
  1  9 by striking the subsection.
  1 10    Sec. 3.  Section 163.18, Code 2001, is amended to read as
  1 11 follows:
  1 12    163.18  FALSE REPRESENTATION.
  1 13    Any A person who shall not knowingly makes any make a false
  1 14 representation as to the purpose for which a about the
  1 15 shipment of animals an animal that is being or will be made,
  1 16 with the intent to avoid or prevent an the animal's inspection
  1 17 of such animals for the purpose of determining that is
  1 18 conducted in order to determine whether the animals are animal
  1 19 is free from disease, shall be guilty of a simple misdemeanor.
  1 20    Sec. 4.  Section 163.23, Code 2001, is amended to read as
  1 21 follows:
  1 22    163.23  FALSE CERTIFICATES OF HEALTH – PENALTY.
  1 23    Any A veterinarian issuing shall not issue a certificate of
  1 24 health for an animal knowing that the animal described therein
  1 25 in the certificate of health was not the same animal from
  1 26 which the tests were made as a basis for issuing the
  1 27 certificate or who.  A veterinarian shall not otherwise
  1 28 falsifies any such falsify a certificate shall be guilty of a
  1 29 fraudulent practice of health.
  1 30    Sec. 5.  Section 163.24, Code 2001, is amended to read as
  1 31 follows:
  1 32    163.24  USING FALSE CERTIFICATE.
  1 33    Any A person, firm, or corporation importing, exporting, or
  1 34 transporting shall not conduct a transaction to import,
  1 35 export, or transport an animal within this state or selling
  2  1 sell or offering offer for sale any an animal for which, if
  2  2 the person uses a certificate of health has been issued and
  2  3 who uses such certificate in connection with any of said
  2  4 transactions the transaction knowing that the animal described
  2  5 in said the certificate of health was not the animal from
  2  6 which the tests were made as a basis for issuing the
  2  7 certificate or who knowingly uses any of health.  A person
  2  8 shall not otherwise use an altered or otherwise false
  2  9 certificate in connection with any of said transactions shall
  2 10 be guilty of a fraudulent practice such transaction.
  2 11    Sec. 6.  Section 163.25, Code 2001, is amended to read as
  2 12 follows:
  2 13    163.25  ALTERING CERTIFICATE.
  2 14    Any A person, firm, or corporation removing or altering
  2 15 shall not remove or alter a tag or mark of identification
  2 16 appearing on any an animal, tested or being tested for
  2 17 disease, any if the tag or mark of identification is
  2 18 authorized by the department or inserted by any qualified
  2 19 veterinarian or altering any.  A person shall not alter a
  2 20 certificate of vaccination issued by one a person authorized
  2 21 to vaccinate animals shall be guilty of a fraudulent practice
  2 22 the animal.
  2 23    Sec. 7.  NEW SECTION.  163.51  CIVIL PENALTIES.
  2 24    1.  The department shall establish, by rule, civil
  2 25 penalties which may be administratively or judicially
  2 26 assessed.  The attorney general shall cooperate with the
  2 27 department in the assessment and collection of civil
  2 28 penalties.
  2 29    2.  a.  Except as provided in paragraph "b", a person
  2 30 violating a provision of this chapter, or a rule adopted
  2 31 pursuant to this chapter, shall be subject to a civil penalty
  2 32 of at least one hundred dollars but not more than one thousand
  2 33 dollars.  In the case of a continuing violation, each day of
  2 34 the continuing violation is a separate violation.  However, a
  2 35 person shall not be subject to a civil penalty totaling more
  3  1 than twenty-five thousand dollars.
  3  2    b.  Notwithstanding the provisions of paragraph "a", a
  3  3 person who falsifies a health certificate, veterinarian
  3  4 inspection certificate, or certificate of inspection shall be
  3  5 subject to a civil penalty of not more than five thousand
  3  6 dollars for each reference to an animal falsified on the
  3  7 certificate.  However, a person who falsifies a certificate of
  3  8 inspection issued pursuant to chapter 166D shall be subject to
  3  9 a civil penalty as provided in this section or section
  3 10 166D.16, but not both.  A person shall not be subject to a
  3 11 civil penalty totaling more than twenty-five thousand dollars
  3 12 for falsifying a certificate, regardless of the number of
  3 13 animals falsified on the certificate.
  3 14    3.  Moneys collected from civil penalties shall be
  3 15 deposited into the general fund of the state.
  3 16    Sec. 8.  NEW SECTION.  163.51  INJUNCTIVE RELIEF.
  3 17    The department or the attorney general acting on behalf of
  3 18 the department may apply to the district court for injunctive
  3 19 relief in order to restrain a person from acting in violation
  3 20 of this chapter.  In order to obtain injunctive relief, the
  3 21 department shall not be required to post a bond or prove the
  3 22 absence of an adequate remedy at law, unless the court for
  3 23 good cause otherwise orders.  The court may order any form of
  3 24 prohibitory or mandatory relief that is appropriate under
  3 25 principles of equity, including but not limited to issuing a
  3 26 temporary or permanent restraining order.
  3 27    Sec. 9.  DIRECTIONS TO CODE EDITOR.  The Code editor shall
  3 28 organize chapter 163 into subchapters based on divisions of
  3 29 the chapter and this Act, and replace the term "division" with
  3 30 "subchapter" wherever it occurs in the chapter.
  3 31    Sec. 10.  Sections 163.21, 163.29, and 163.31, Code 2001,
  3 32 are repealed.  
  3 33                           EXPLANATION
  3 34    Code chapter 163 provides for the general regulation of
  3 35 infectious and contagious diseases in animals (livestock).
  4  1 Other chapters of the Code provide specific and occasionally
  4  2 overlapping regulations affecting individual species of
  4  3 livestock.  The chapter regulates a number of practices
  4  4 including the shipment or movement of livestock; the sale of
  4  5 infected livestock; the issuance of certificates related to
  4  6 movement, such as a certificate of health or certificate of
  4  7 inspection; feeding garbage to livestock, the identification
  4  8 of swine consigned to slaughter; and licenses required to
  4  9 breed bulls.
  4 10    A number of penalties apply to violations of these
  4 11 provisions, including both criminal and civil penalties.  The
  4 12 criminal penalty is generally a simple misdemeanor.  A simple
  4 13 misdemeanor is punishable by confinement for no more than 30
  4 14 days or a fine of at least $50 but not more than $500 or by
  4 15 both.  Several provisions provide that a violation is a
  4 16 fraudulent practice under Code chapter 714.  The penalty
  4 17 ranges from a simple misdemeanor to a class "C" felony, based
  4 18 on the value of the property involved in the commission of the
  4 19 offense.  A class "C" felony is punishable by confinement for
  4 20 no more than 10 years and a fine of at least $1,000 but not
  4 21 more than $10,000.  The bill provides that certain violations
  4 22 are subject to a civil penalty.  For example, under Code
  4 23 section 163.31, a person who falsifies an official health
  4 24 certificate or veterinarian inspection certificate for the
  4 25 movement of swine is subject to a civil penalty of not more
  4 26 than $5,000 for each reference to a swine falsified on the
  4 27 certificate, but not more than $25,000.
  4 28    This bill eliminates those penalties and authorizes the
  4 29 department to establish, by rule, civil penalties.  The bill
  4 30 provides that a person violating a provision of Code chapter
  4 31 163, or a rule adopted pursuant to the Code chapter, is
  4 32 subject to a civil penalty of at least $100 but not more than
  4 33 $1,000.  In the case of a continuing violation, each day of
  4 34 the continuing violation is a separate violation.  The bill
  4 35 provides that a person shall not be subject to a civil penalty
  5  1 totaling more than $25,000.  The bill also carves out one area
  5  2 where higher penalties are applicable.  The bill provides that
  5  3 a person who falsifies a health certificate, veterinarian
  5  4 inspection certificate, or certificate of inspection is
  5  5 subject to a civil penalty of not more than $5,000 for each
  5  6 reference to an animal falsified on the certificate, with a
  5  7 maximum civil penalty of $25,000.
  5  8    The bill authorizes the department or the attorney general
  5  9 acting on behalf of the department to apply to the district
  5 10 court for injunctive relief in order to restrain a person from
  5 11 acting in violation of this Code chapter.
  5 12    The bill repeals current provisions that refer to penalties
  5 13 and directs the Code editor to reorganize the chapter into
  5 14 subchapters as is appropriate.  
  5 15 LSB 3308SC 79
  5 16 da/cf/24
     

Text: SSB01227                          Text: SSB01229
Text: SSB01200 - SSB01299               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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