Text: HF02566 Text: HF02568 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2567 1 2 1 3 AN ACT 1 4 REGULATING THE TRANSPORTATION OF ANIMAL CARCASSES, PROVIDING 1 5 FOR FEES AND PENALTIES, AND PROVIDING FOR AN EFFECTIVE DATE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 167.4, Code 2003, is amended by 1 10 striking the section and inserting in lieu thereof the 1 11 following: 1 12 167.4 LICENSING PROCEDURE – FEES. 1 13 The following shall apply to a person required to be 1 14 licensed under this chapter: 1 15 1. The person shall submit an application for a license to 1 16 the department in a manner and according to procedures 1 17 required by the department. 1 18 2. The person shall include in the application information 1 19 as required by the department, on forms prescribed by the 1 20 department, which shall include at least all of the following: 1 21 a. For a disposal plant, the person shall state the 1 22 person's name and address, the person's proposed place of 1 23 business, and the total number of vehicles to be involved in 1 24 the operation. 1 25 b. For a collection point involving the accumulation of 1 26 whole animal carcasses or their parts for ultimate 1 27 transportation to a disposal plant, the person's name and 1 28 address, the person's proposed place of business, and the 1 29 total number of vehicles to be involved in the operation. 1 30 c. For a delivery service which transports whole animal 1 31 carcasses or their parts to a disposal plant or collection 1 32 point, the person's name and address, the total number of 1 33 vehicles to be involved in the operation, and the location 1 34 where the vehicles involved in the operation are to be 1 35 maintained. 2 1 3. The person shall submit a separate application for each 2 2 location that the person is to operate a disposal plant, 2 3 collection point, or a delivery service. 2 4 4. The person shall submit a license fee as follows: 2 5 a. For a disposal plant, one hundred dollars. 2 6 b. For a collection point, one hundred dollars. However, 2 7 a person is not required to pay the license fee for a 2 8 collection point which is operated by a disposal plant. 2 9 c. For a delivery service which is not part of the 2 10 operation of a disposal plant or collection point, fifty 2 11 dollars. 2 12 5. A license issued under this section shall expire on 2 13 December 31 of each year. The person may renew the license by 2 14 completing a renewal form as prescribed by the department in a 2 15 manner and according to procedures required by the department. 2 16 However, the renewal form must be submitted to the department 2 17 prior to the license's expiration date. The person shall 2 18 submit a renewal license fee which shall be for the same 2 19 amount as the original license fee. 2 20 Fees collected pursuant to this section shall be deposited 2 21 into the general fund of the state. 2 22 6. A person's license is subject to suspension or 2 23 revocation by the department if the department determines that 2 24 the person has committed a material violation of this chapter, 2 25 including rules adopted by this chapter, or a term or 2 26 condition of the license. The person may contest the 2 27 department's action as provided in chapter 17A. 2 28 Sec. 2. Section 167.15, Code 2003, is amended by striking 2 29 the section and inserting in lieu thereof the following: 2 30 167.15 TRANSPORTATION OF ANIMALS – CARCASSES OR PARTS. 2 31 1. A person required to be licensed under section 167.4 2 32 shall transport a whole or part of an animal carcass or offal 2 33 material according to requirements adopted by departmental 2 34 rule. 2 35 a. The delivery vehicle's container used for loading and 3 1 transporting the carcass or offal material shall be 3 2 constructed according to departmental rules in a manner that 3 3 prevents parts or liquids associated with the carcass or offal 3 4 material from escaping during transport. 3 5 b. The department shall adopt rules requiring that the 3 6 delivery vehicle's container be covered when transporting an 3 7 animal carcass or offal material. However, this requirement 3 8 shall not apply to a route delivery vehicle used primarily to 3 9 transport animal carcasses from a farm to another location, 3 10 unless the department issues a special order as provided in 3 11 this paragraph. The department may issue such an order and 3 12 require that the delivery vehicle's container be covered, if 3 13 the state veterinarian determines that an animal or animal 3 14 carcass on the farm has been infected or exposed to an 3 15 infectious or contagious disease or that there has been an 3 16 outbreak of an infectious or contagious disease in the area 3 17 where the farm is located. 3 18 c. The person shall not overload the delivery vehicle's 3 19 container with carcasses or offal material. 3 20 2. The department shall provide for the inspection of 3 21 delivery vehicles used to transport carcasses or offal 3 22 material, disposal plants, collection points, or other 3 23 locations in which carcasses or offal material is stored or 3 24 processed before being delivered to a disposal plant. 3 25 Sec. 3. Section 167.19, Code 2003, is amended to read as 3 26 follows: 3 27 167.19 PENALTY. 3 28The violation of any of the provisions ofA person who 3 29 violates this chapter oranya rule adoptedthereunderby the 3 30 departmentshall bepursuant to this chapter is guilty of a 3 31 simple misdemeanor. The person may be subject to a civil 3 32 penalty of not less than one hundred dollars and not more than 3 33 one thousand dollars for each violation. However, the state 3 34 shall be precluded from bringing a criminal action against the 3 35 person if the department has initiated a civil enforcement 4 1 proceeding. Moneys collected in civil penalties shall be 4 2 deposited into the general fund of the state. 4 3 Sec. 4. NEW SECTION. 167.22 CHRONIC WASTING DISEASE. 4 4 1. As used in this section "chronic wasting disease" means 4 5 the same as defined in section 170.1. 4 6 2. Except as otherwise provided in this subsection, a 4 7 person licensed under this chapter shall not transport the 4 8 carcass of a deer or elk into this state if the carcass 4 9 originates from an area outside this state that has a 4 10 significant prevalence of chronic wasting disease as 4 11 determined by the state veterinarian. In order to transport 4 12 the carcass into this state, the person must obtain approval 4 13 by the state veterinarian in a manner and according to 4 14 procedures required by the department. 4 15 Sec. 5. Sections 167.6, 167.9, and 167.10, Code 2003, are 4 16 repealed. 4 17 Sec. 6. EFFECTIVE DATE. Section 4 of this Act, being 4 18 deemed of immediate importance, takes effect upon enactment. 4 19 4 20 4 21 4 22 CHRISTOPHER C. RANTS 4 23 Speaker of the House 4 24 4 25 4 26 4 27 JEFFREY M. LAMBERTI 4 28 President of the Senate 4 29 4 30 I hereby certify that this bill originated in the House and 4 31 is known as House File 2567, Eightieth General Assembly. 4 32 4 33 4 34 4 35 MARGARET THOMSON 5 1 Chief Clerk of the House 5 2 Approved , 2004 5 3 5 4 5 5 5 6 THOMAS J. VILSACK 5 7 Governor
Text: HF02566 Text: HF02568 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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