Text: S05137                            Text: S05139
Text: S05100 - S05199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5138

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 3, line 14, by striking the words "An
  1 12 establishment" and inserting the following:  "A
  1 13 concentration point".
  1 14    #3.  Page 3, line 15, by striking the word
  1 15 "establishment" and inserting the following:
  1 16 "concentration point".
  1 17    #4.  Page 3, line 18, by striking the words "An
  1 18 establishment" and inserting the following:  "A
  1 19 concentration point".
  1 20    #5.  Page 4, line 14, by inserting before the word
  1 21 "concentration" the following:  "restricted".
  1 22    #6.  Page 5, by inserting after line 2 the
  1 23 following:
  1 24    "   .  This subsection applies to poultry
  1 25 maintained at a restricted concentration point, or
  1 26 poultry transported to or from a restricted
  1 27 concentration point.
  1 28    a.  The department or a law enforcement officer may
  1 29 confiscate poultry before a contested case proceeding
  1 30 or judicial hearing is conducted to determine whether
  1 31 this section has been violated.  If the department or
  1 32 a court determines that a violation of this section
  1 33 has occurred, the poultry are conclusively deemed to
  1 34 be infected with a pathogenic virus.  The poultry
  1 35 shall be kept separate and apart until destroyed by
  1 36 euthanasia as defined in section 162.2.
  1 37    b.  The department shall provide that real or
  1 38 personal property that is exposed to the poultry shall
  1 39 be sanitized as required to eliminate the source of
  1 40 the pathogenic virus.  As part of the sanitation, the
  1 41 department shall provide for the disposal of poultry
  1 42 carcasses, eggs, or manure.  Upon inspection, the
  1 43 department shall certify that the sanitization has
  1 44 been performed as required by this paragraph.
  1 45    c.  The department may utilize the procedures
  1 46 provided in section 17A.18A in order to enforce the
  1 47 provisions of this section.  The attorney general or
  1 48 county attorney may petition the district court for an
  1 49 expedited hearing.
  1 50    d.  The department shall be reimbursed by the owner
  2  1 of the poultry or property for costs required to carry
  2  2 out this subsection.  However, if the enforcement
  2  3 action is brought due to the activity of a law
  2  4 enforcement officer of a political subdivision, the
  2  5 political subdivision shall be reimbursed by the owner
  2  6 of the poultry or property for those costs.  The
  2  7 department or political subdivision shall certify the
  2  8 amount to the county auditor of any county in which
  2  9 the owner is a titleholder of real property.  The
  2 10 amount shall be placed upon the tax books which shall
  2 11 be a lien upon the real property, and collected with
  2 12 interest and penalties after due, in the same manner
  2 13 as other unpaid property taxes." 
  2 14 
  2 15 
  2 16                               
  2 17 COMMITTEE ON AGRICULTURE
  2 18 DAVID JOHNSON, Chairperson
  2 19 HF 2476.202 80
  2 20 da/sh
     

Text: S05137                            Text: S05139
Text: S05100 - S05199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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