Text: SSB03107                          Text: SSB03109
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 3108

Bill Text

PAG LIN
  1  1    Section 1.  Section 351.37, Code 2001, is amended to read
  1  2 as follows:
  1  3    351.37  RUNNING AT LARGE – APPREHENSION AND IMPOUNDAGE.
  1  4    Any A dog found may be apprehended and impounded by a local
  1  5 board of health or law enforcement official if the dog is
  1  6 running at large and the dog is not wearing a valid rabies
  1  7 vaccination tag and for which no or a rabies vaccination
  1  8 certificate can be produced shall be apprehended and impounded
  1  9 is not presented to the local board of health or law
  1 10 enforcement official.
  1 11    When such If a dog has been apprehended and impounded, the
  1 12 local board of health or law enforcement official shall give
  1 13 provide written notice in not less than two days to the known
  1 14 owner, if known of the dog.  If The notice shall be sent
  1 15 within two days after the dog has been impounded.  The notice
  1 16 shall provide that if the owner does not redeem the dog within
  1 17 seven days of from the date of the notice impoundment, the dog
  1 18 may be humanely destroyed or otherwise disposed of in
  1 19 accordance with law.  An owner may redeem a dog by having it
  1 20 immediately vaccinated and by paying the cost of impoundment.
  1 21    If the owner of a the impounded dog apprehended or
  1 22 impounded cannot be located fails to redeem the dog within
  1 23 seven days from the date that the dog is impounded, the animal
  1 24 dog may be humanely destroyed or otherwise disposed of in
  1 25 accordance with law.  If the dog is destroyed, it must be
  1 26 destroyed by euthanasia as defined in section 162.2.
  1 27    Sec. 2.  Section 717B.1, Code 2001, is amended by adding
  1 28 the following new subsections:
  1 29    NEW SUBSECTION.  3A.  "Dispositional expenses" means
  1 30 expenses incurred by a local authority in rescuing an animal
  1 31 as provided in section 717B.5, maintaining the animal until
  1 32 the conclusion of a dispositional proceeding as provided in
  1 33 section 717B.4, or disposing of the animal as provided in
  1 34 section 717B.4.
  1 35    NEW SUBSECTION.  7.  "Responsible party" means a person who
  2  1 owns or maintains an animal.
  2  2    NEW SUBSECTION.  8.  "Threatened animal" means an animal
  2  3 that is abused as provided in section 717B.2, neglected as
  2  4 provided in section 717B.3, or tortured as provided in section
  2  5 717B.3A.
  2  6    Sec. 3.  Section 717B.4, Code 2001, is amended to read as
  2  7 follows:
  2  8    717B.4  DISPOSITION OF NEGLECTED ANIMALS DISPOSITIONAL
  2  9 PROCEEDINGS.
  2 10    1.  A Upon a petition brought by a local authority, a court
  2 11 in the county where an animal is maintained by a responsible
  2 12 party or a local authority shall determine if the animal is a
  2 13 threatened animal and order the its disposition of an animal
  2 14 neglected as provided in section 717B.3 after a hearing upon
  2 15 application or petition to the court by a local authority or
  2 16 the person owning or caring for the animal.
  2 17    a.  The matter shall be heard within ten days from the
  2 18 filing of the petition for disposition by the local authority.
  2 19    b.  If the animal has been rescued, the court may order
  2 20 that the animal be placed under the custody of the local
  2 21 authority and maintained in the same manner as a rescued
  2 22 animal under section 717B.5.
  2 23    c.  The court may continue the hearing for up to forty
  2 24 thirty days upon petition by the person responsible party.
  2 25 However, the court shall not grant a continuance unless the
  2 26 animal is maintained by the local authority. the person shall
  2 27 The responsible party must post a bond or other security with
  2 28 the local authority in an as a condition of the continuance.
  2 29 The amount of the bond or other security shall be determined
  2 30 by the court, which shall not be more than the amount
  2 31 sufficient to provide maintenance of the animal for forty
  2 32 thirty days.  The court may grant a subsequent continuance by
  2 33 the person upon petition by the responsible party.  The
  2 34 continuance shall be for the same length of time if the person
  2 35 submits not more than thirty days.  The responsible party must
  3  1 post a new bond or security as a condition of the subsequent
  3  2 continuance in the same manner as the original bond or
  3  3 security or as otherwise ordered by the court.  However, the
  3  4 court shall order the immediate disposition of the animal if
  3  5 the animal is permanently distressed by disease or injury to a
  3  6 degree that would result in severe or prolonged suffering.
  3  7    2.  The hearing to determine if the animal has been
  3  8 neglected is a threatened animal for purposes of disposition
  3  9 shall be a civil proceeding.  If the case is related to a
  3 10 criminal proceeding, the disposition shall not be part of that
  3 11 proceeding and shall not be considered a criminal penalty
  3 12 imposed on a person found in violation of section 717B.3 this
  3 13 chapter.
  3 14    3.  A If the court determines that an animal is not a
  3 15 threatened animal, the court shall order that the animal be
  3 16 returned to the custody of the responsible party.  If the
  3 17 court determines that an animal is a threatened animal, the
  3 18 court shall order the local authority to dispose of the
  3 19 threatened animal in any manner deemed appropriate for the
  3 20 welfare of the animal.  In addition, all of the following
  3 21 apply:
  3 22    a.  The court may order a person owning the neglected
  3 23 animal responsible party to pay an amount which shall not be
  3 24 more than the dispositional expenses incurred in maintaining
  3 25 the neglected animal rescued pursuant to section 717B.5, and
  3 26 by the local authority.  The court may also award the local
  3 27 authority court costs, reasonable attorney fees and expenses
  3 28 related to the investigation and prosecution of the case,
  3 29 which shall be taxed as part of the costs of the action.  The
  3 30 remaining amount of a bond or other security posted pursuant
  3 31 to this chapter shall be used to reimburse
  3 32    c.  If a bond or other security was posted as a condition
  3 33 for a continuance of a disposition hearing as provided in this
  3 34 section, the local authority may use the posted amount to
  3 35 offset the local authority's dispositional expenses.  If more
  4  1 than one person has a divisible interest in the animal, the
  4  2 amount required to be paid shall be prorated based on the
  4  3 percentage of interest in the animal owned by each person.
  4  4 The moneys shall be paid to the local authority incurring the
  4  5 expense.  The amount shall be subtracted from proceeds owed to
  4  6 the owner or owners of the animal, which are received from the
  4  7 sale of the animal ordered by the court.
  4  8    d.  Moneys owed to the local authority If any moneys are
  4  9 realized from the sale disposition of a neglected threatened
  4 10 animal, the moneys shall be paid used to offset the local
  4 11 authority authority's dispositional expenses before satisfying
  4 12 indebtedness secured by any security interest in or lien on
  4 13 the threatened animal.
  4 14    e.  If the threatened animal is owned by more than one
  4 15 responsible party, the amount required to offset the local
  4 16 authority's dispositional expenses shall be prorated among the
  4 17 responsible parties based on the percentage of interest owned
  4 18 in the threatened animal attributable to the responsible
  4 19 parties as the threatened animal's titleholders.  For purposes
  4 20 of this paragraph, a responsible party who does not own an
  4 21 interest in the threatened animal shall be deemed to be an
  4 22 owner holding a percentage interest in the animal equal to the
  4 23 largest percentage interest held by a landowner who is
  4 24 attributed an interest as the threatened animal's titleholder.
  4 25 If an owner of the animal responsible party is a landowner,
  4 26 the local authority may submit an the amount to reimburse the
  4 27 local authority for its dispositional expenses to the clerk of
  4 28 the county board of supervisors who shall report the amount to
  4 29 the county treasurer.  The amount shall equal the balance
  4 30 remaining after the sale of the animal.  If the threatened
  4 31 animal owner owns a percentage of the animal, the reported
  4 32 amount shall equal the remaining balance owed by all
  4 33 landowners who own a percentage of the animal.  That is owned
  4 34 by more than one landowner, the amount shall be prorated among
  4 35 the landowners based on the percentage of interest owned in
  5  1 the threatened animal attributable to each landowner as the
  5  2 animal's titleholders.  The amount shall be placed upon the
  5  3 tax books, and collected with interest and penalties after
  5  4 due, in the same manner as other unpaid property taxes.  The
  5  5 county shall reimburse a city within thirty days from the
  5  6 collection of the property taxes.
  5  7    4.  Neglected animals A threatened animal that is ordered
  5  8 by a court to be destroyed under this section shall be
  5  9 destroyed only by a humane method, including euthanasia as
  5 10 defined in section 162.2.
  5 11    Sec. 4.  Section 717B.5, Code 2001, is amended to read as
  5 12 follows:
  5 13    717B.5  RESCUE OF NEGLECTED THREATENED ANIMALS.
  5 14    A local authority may provide for the rescue of an animal
  5 15 as follows:
  5 16    1.  A The rescue must be made by a law enforcement officer,
  5 17 having cause to believe that the animal is a threatened animal
  5 18 after consulting with a veterinarian licensed pursuant to
  5 19 chapter 169, may.  The law enforcement officer may rescue an
  5 20 animal neglected as provided in section 717B.3 the animal by
  5 21 entering on public or private property, as provided in this
  5 22 subsection.  The officer may enter onto property of a person
  5 23 to rescue a neglected the animal, if the officer obtains a
  5 24 search warrant issued by a court, or enters onto the premises
  5 25 in a manner consistent with the laws of this state and the
  5 26 United States, including Article I, section 8, of the
  5 27 Constitution of the State of Iowa, or the fourth amendment to
  5 28 the Constitution of the United States.
  5 29    2.  If an animal is rescued pursuant to this section, the
  5 30 local authority shall provide for the maintenance of the
  5 31 neglected animal.  The local authority may contract with an
  5 32 animal care provider for the maintenance of the neglected
  5 33 animal.  The local authority shall post provide the
  5 34 responsible party for the animal with notice of the rescue.
  5 35 The notice may be accomplished by doing any of the following:
  6  1    a.  Delivering written notice to the responsible party's
  6  2 last known address by the United States postal service or
  6  3 personal service.
  6  4    b.  Posting a notice in a conspicuous place at the location
  6  5 where the animal was rescued.
  6  6    The notice shall state that the animal has been rescued by
  6  7 the local authority pursuant to this section.
  6  8    3.  Within ten days after the date that an animal is
  6  9 rescued, the local authority shall initiate a dispositional
  6 10 proceeding pursuant to section 717B.4.
  6 11    4.  The local authority shall pay the animal care provider
  6 12 for the animal's maintenance regardless of proceeds received
  6 13 from the sale of the disposition of the animal or any
  6 14 reimbursement ordered by a court, pursuant to section 717B.4.
  6 15    3.  The animal shall be subject to disposition as required
  6 16 by a court, pursuant to section 717B.4.  
  6 17                           EXPLANATION
  6 18    This bill provides for the taking and disposition of
  6 19 animals other than livestock by local authorities.
  6 20 Specifically, the bill amends two Code chapters:  Code chapter
  6 21 351 providing for the regulation of dogs, including dogs
  6 22 running at large, and Code chapter 717B providing offenses
  6 23 involving nonlivestock animals, including abuse, neglect, and
  6 24 torture, and the rescue and disposition of such animals.
  6 25    DOGS RUNNING AT LARGE.  The bill amends Code section 351.37
  6 26 that provides that a dog may be apprehended and impounded if
  6 27 the dog is running at large and there is no proof that the dog
  6 28 has a valid rabies vaccination.  According to Code section
  6 29 351.36, local health and law enforcement officials are
  6 30 responsible for enforcing the Code section.  The Code section
  6 31 provides that once a dog has been impounded, a local board of
  6 32 health or law enforcement official is required to send a
  6 33 notice to the dog's owner, if known, notifying the owner of
  6 34 the impoundment.  The notice must be sent within two days
  6 35 following the apprehension and impoundment.  After seven days
  7  1 following delivery of the notice, the board or official may
  7  2 dispose of the dog.
  7  3    The bill makes a number of stylistic changes for purposes
  7  4 of enhancing the readability of the Code section.  In
  7  5 addition, the bill provides that if the owner of an impounded
  7  6 dog fails to redeem the dog within seven days from the date
  7  7 that the dog is impounded, the dog may be disposed of in
  7  8 accordance with law.  The bill provides that if the dog is
  7  9 destroyed, it must be destroyed by euthanasia as defined in
  7 10 Code section 162.2.
  7 11    OFFENSES INVOLVING ANIMALS.  In 1994, the general assembly
  7 12 enacted House File 637 (1994 Iowa Acts, ch. 1103) which
  7 13 created two Code chapters prohibiting animal abuse and
  7 14 neglect:  Code chapter 717 which governs the abuse and neglect
  7 15 of livestock and Code chapter 717B which governs the abuse and
  7 16 neglect of other animals.  In 2000, the general assembly
  7 17 enacted House File 723 (2000 Iowa Acts, ch. 1152), creating a
  7 18 new offense referred to as "animal torture" in Code section
  7 19 717B.3A.
  7 20    Code chapter 717B prohibits a person from abusing,
  7 21 neglecting, or torturing animals (other than livestock), with
  7 22 certain exceptions, and imposes criminal penalties upon
  7 23 violators.  Abuse occurs when a person other than the animal's
  7 24 owner acts to injure or destroy the animal.  Neglect occurs
  7 25 when the owner injures, destroys, or otherwise fails to care
  7 26 properly for an animal.  Torture occurs when any person
  7 27 inflicts upon an animal severe physical pain with a depraved
  7 28 or sadistic intent to cause prolonged suffering or death.  The
  7 29 Code chapter authorizes a local authority (i.e., a county or
  7 30 city) to rescue an animal in cases of neglect.  The rescue
  7 31 must be performed by a peace officer after consulting with a
  7 32 licensed veterinarian.  The local authority must post a notice
  7 33 of the rescue at the rescue site.  The Code chapter also
  7 34 provides for the maintenance of rescued animals.  The
  7 35 disposition of the animals must be determined by a court in a
  8  1 civil proceeding on an expedited basis.  The Code chapter
  8  2 provides for the payment of costs by the owner of maintaining
  8  3 the animal by the local authority.  It also provides for the
  8  4 disposition of the animal including by humane destruction.
  8  5    The bill makes a number of changes to Code section 717B.4
  8  6 providing for the disposition of neglected animals and Code
  8  7 section 717B.5 providing for the rescue of those animals.
  8  8 Many of the changes are made to enhance the readability of the
  8  9 section.  There are also a number of substantive changes.  The
  8 10 bill provides that the local authority may rescue and a court
  8 11 may provide for the disposition of a "threatened animal" which
  8 12 is defined to mean an animal that is abused, neglected, or
  8 13 tortured.  The bill provides that both the owner of the animal
  8 14 and a person who is not the owner, but who maintains the
  8 15 animal, are responsible parties in a dispositional proceeding.
  8 16 Thus, a nonowner may be liable for the maintenance of the
  8 17 animal under the custody or supervision of a local authority.
  8 18 The bill provides that the responsible party is liable for
  8 19 dispositional expenses which include expenses incurred by a
  8 20 local authority in rescuing an animal, maintaining the animal
  8 21 until the conclusion of a dispositional proceeding, and
  8 22 disposing of the animal.  The bill also reduces the time that
  8 23 the responsible party may be granted a continuance from 40 to
  8 24 30 days.  It provides that the local authority may provide
  8 25 notice of a rescue by mail or personal service.  Finally, the
  8 26 bill requires that following a rescue, a local authority must
  8 27 petition a court for disposition of the animal within 10 days
  8 28 of the rescue.  
  8 29 LSB 5136SC 79
  8 30 da/pj/5
     

Text: SSB03107                          Text: SSB03109
Text: SSB03100 - SSB03199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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