Text: H08346                            Text: H08348
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8347

Amendment Text

PAG LIN
  1  1    Amend House File 2476, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 1, by inserting after line 19 the
  1  4 following:
  1  5    "   .  "Law enforcement officer" means an Iowa
  1  6 state patrol officer or a regularly employed member of
  1  7 a police force of a city or county, including but not
  1  8 limited to a sheriff's office, who is responsible for
  1  9 the prevention and detection of a crime and the
  1 10 enforcement of the criminal laws of this state."
  1 11    #2.  Page 2, line 4, by inserting after the figure
  1 12 "1." the following:  "a."
  1 13    #3.  Page 2, by inserting after line 12, the
  1 14 following:
  1 15    "b.  The department shall retain moneys from civil
  1 16 penalties that it collects under this chapter.  The
  1 17 moneys are appropriated to the department for the
  1 18 administration and enforcement of this chapter.
  1 19 Notwithstanding section 8.33, such moneys shall not
  1 20 revert, but shall be retained by the department for
  1 21 the purposes described in this paragraph.  The
  1 22 department shall submit a report to the chairpersons
  1 23 of the joint appropriations subcommittee on
  1 24 agriculture and natural resources by January 5 of each
  1 25 year.  The report shall state, at a minimum, the total
  1 26 amount of moneys collected during the past calendar
  1 27 year and describe how these moneys were expended."
  1 28    #4.  Page 3, line 14, by striking the words "An
  1 29 establishment" and inserting the following:  "A
  1 30 concentration point".
  1 31    #5.  Page 3, line 15, by striking the word
  1 32 "establishment" and inserting the following:
  1 33 "concentration point".
  1 34    #6.  Page 3, line 18, by striking the words "An
  1 35 establishment" and inserting the following:  "A
  1 36 concentration point".
  1 37    #7.  Page 4, line 14, by inserting before the word
  1 38 "concentration" the following:  "restricted".
  1 39    #8.  Page 5, by inserting after line 2 the
  1 40 following:
  1 41    "   .  This subsection applies to poultry
  1 42 maintained at a restricted concentration point, or
  1 43 poultry transported to or from a restricted
  1 44 concentration point.
  1 45    a.  The department or a law enforcement officer may
  1 46 confiscate poultry before a contested case proceeding
  1 47 or judicial hearing is conducted to determine whether
  1 48 this section has been violated.  If the department or
  1 49 a court determines that a violation of this section
  1 50 has occurred, the poultry are conclusively deemed to
  2  1 be infected with a pathogenic virus.  The poultry
  2  2 shall be kept separate and apart until destroyed by
  2  3 euthanasia as defined in section 162.2.
  2  4    b.  The department shall provide that real or
  2  5 personal property that is exposed to the poultry shall
  2  6 be sanitized as required to eliminate the source of
  2  7 the pathogenic virus.  As part of the sanitation, the
  2  8 department shall provide for the disposal of poultry
  2  9 carcasses, eggs, or manure.  Upon inspection, the
  2 10 department shall certify that the sanitization has
  2 11 been performed as required by this paragraph.
  2 12    c.  The department may utilize the procedures
  2 13 provided in section 17A.18A in order to enforce the
  2 14 provisions of this section.  The attorney general or
  2 15 county attorney may petition the district court for an
  2 16 expedited hearing.
  2 17    d.  The department shall be reimbursed by the owner
  2 18 of the poultry or property for costs required to carry
  2 19 out this subsection.  However, if the enforcement
  2 20 action is brought due to the activity of a law
  2 21 enforcement officer of a political subdivision, the
  2 22 political subdivision shall be reimbursed by the owner
  2 23 of the poultry or property for those costs.  The
  2 24 department or political subdivision shall certify the
  2 25 amount to the county auditor of any county in which
  2 26 the owner is a titleholder of real property.  The
  2 27 amount shall be placed upon the tax books which shall
  2 28 be a lien upon the real property, and collected with
  2 29 interest and penalties after due, in the same manner
  2 30 as other unpaid property taxes."
  2 31    #9.  Title page, line 1, by inserting after the
  2 32 word "poultry" the following:  ", making an
  2 33 appropriation,".
  2 34    #10.  By renumbering, relettering, or redesignating
  2 35 and correcting internal references as necessary.  
  2 36 HF 2476S
  2 37 da/cc/26
     

Text: H08346                            Text: H08348
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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