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PAG LIN
1 1 Section 1. NEW SECTION. 717E.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. a. "Dangerous animal" means any of the following:
1 5 (1) A member of the felidae family of the order carnivora
1 6 including, but not limited to, lions, tigers, cougars,
1 7 leopards, cheetahs, ocelots, and servals. However, a
1 8 dangerous animal does not include cats recognized as a
1 9 domestic breed, including but not limited to cats shown as a
1 10 domestic breed by a registry association recognized by the
1 11 department.
1 12 (2) A member of the ursidae family of the order carnivora,
1 13 including bears and pandas.
1 14 (3) A member of the order of primates other than humans,
1 15 and including the following families: callitrichiadae,
1 16 cabidae, cercopithecidae, cheirogaleidae, daubentoniidae,
1 17 galagonidae, hominidae, hylobatidae, indridae, lemuridae,
1 18 loridae, megaladapidae, or tarsiidae. A member includes but
1 19 is not limited to marmosets, tamarins, monkeys, lemurs,
1 20 galagos, bushbabies, great apes, gibbons, lesser apes, indris,
1 21 sifakas, and tarsiers.
1 22 b. "Dangerous animal" includes an animal which is the
1 23 offspring of an animal provided in paragraph "a", and another
1 24 animal provided in that paragraph or any other animal. It
1 25 also includes animals which are the offspring of each
1 26 subsequent generation.
1 27 2. "Department" means the department of natural resources.
1 28 3. "Electronic identification device" means a device which
1 29 when installed is designed to store information regarding an
1 30 animal or the animal's owner in an electronic format which may
1 31 be accessed by a computer for purposes of reading or
1 32 manipulating the information.
1 33 4. "Possess" means to own, keep, or control an animal, or
1 34 supervise or provide for the care and feeding of any animal,
1 35 including any activity relating to confining, handling,
2 1 breeding, transporting, or exhibiting the animal.
2 2 5. "Wildlife sanctuary" means an organization exempt from
2 3 taxation pursuant to section 501c of the Internal Revenue Code
2 4 that operates a place of refuge where abused, neglected,
2 5 unwanted, impounded, abandoned, orphaned, or displaced
2 6 wildlife are provided care for their lifetime, if all of the
2 7 following apply:
2 8 a. The organization does not buy, sell, trade, auction,
2 9 lease, loan, or breed any animal of which the organization is
2 10 an owner, except as an integral part of the species survival
2 11 plan of the American zoo and aquarium association.
2 12 b. The organization is accredited by the American
2 13 sanctuary association, the association of sanctuaries, or
2 14 another similar association recognized by the department.
2 15 Sec. 2. NEW SECTION. 717E.2 RULEMAKING – 28E AGREEMENTS
2 16 – ASSISTANCE OF ANIMAL WARDEN.
2 17 1. The department shall administer this chapter by doing
2 18 all of the following:
2 19 a. Adopting rules as provided in chapter 17A for the
2 20 administration and enforcement of this chapter.
2 21 b. Entering into agreements pursuant to chapter 28E as the
2 22 department determines necessary for the administration and
2 23 enforcement of this chapter.
2 24 2. An animal warden as defined in section 162.2 shall
2 25 assist the department in seizing and maintaining custody of
2 26 dangerous animals.
2 27 Sec. 3. NEW SECTION. 717E.3 POSSESSION OF A DANGEROUS
2 28 ANIMAL – PROHIBITIONS.
2 29 A person shall not do any of the following:
2 30 1. Possess a dangerous animal except as otherwise provided
2 31 in this chapter.
2 32 2. Allow a dangerous animal in the person's possession to
2 33 breed.
2 34 3. Transport a dangerous animal into this state.
2 35 Sec. 4. NEW SECTION. 717E.4 PERSONS POSSESSING DANGEROUS
3 1 ANIMAL ON THE EFFECTIVE DATE OF THIS ACT.
3 2 A person who possesses a dangerous animal on the effective
3 3 date of this Act may continue to possess the dangerous animal
3 4 subject to all of the following:
3 5 1. If the person possesses the dangerous animal pursuant
3 6 to a valid federal license or permit issued prior to the
3 7 effective date of this Act, the person must maintain
3 8 possession according to the terms of the license or permit.
3 9 2. The person shall care for the animal as required
3 10 pursuant to the federal Animal Welfare Act, 7 U.S.C. } 2131 et
3 11 seq., and regulations promulgated by the United States
3 12 department of agriculture which apply to facilities and their
3 13 operations, animal health and husbandry practices, and
3 14 veterinary care.
3 15 3. Within sixty days after the effective date of this Act,
3 16 the person must have an electronic identification device
3 17 implanted beneath the skin or hide of the dangerous animal,
3 18 unless a licensed veterinarian states in writing that the
3 19 implantation would endanger the comfort or health of the
3 20 dangerous animal. In such case, an electronic identification
3 21 device may be otherwise attached to the dangerous animal.
3 22 4. Within sixty days after the effective date of this Act,
3 23 the person must notify the department using a registration
3 24 form prepared by the department. The registration form shall
3 25 include all of the following information:
3 26 a. The person's name, address, and telephone number.
3 27 b. A complete inventory of each dangerous animal that the
3 28 person possesses. The inventory shall include all of the
3 29 following information:
3 30 (1) The number of dangerous animals in the person's
3 31 possession according to species.
3 32 (2) The manufacturer and manufacturer's number of the
3 33 electronic device implanted in or attached to each animal.
3 34 (3) The location where each dangerous animal is kept. A
3 35 person who possesses a dangerous animal must notify the
4 1 department in writing within ten days of a change in address
4 2 or location where the dangerous animal is kept.
4 3 (4) The approximate age, sex, color, weight, scars, and
4 4 any distinguishing marks of each dangerous animal.
4 5 The department may charge a registration fee which shall
4 6 not exceed five hundred dollars.
4 7 5. The person must maintain health and ownership records
4 8 for each dangerous animal in the person's possession for the
4 9 life of the animal.
4 10 6. The person shall confine the dangerous animal in a
4 11 primary enclosure as defined in section 162.2 on the person's
4 12 premises. The person shall not allow the dangerous animal
4 13 outside of the person's premises where the dangerous animal is
4 14 kept unless the dangerous animal is moved pursuant to any of
4 15 the following:
4 16 a. A permit issued by the department.
4 17 b. To receive veterinary care from a licensed
4 18 veterinarian.
4 19 c. To comply with the directions of the department or an
4 20 animal warden.
4 21 7. The person shall display at least one sign on the
4 22 person's premises where the dangerous animal is kept warning
4 23 the public that the animal is confined there. The sign shall
4 24 include a symbol warning children of the presence of the
4 25 dangerous animal.
4 26 8. The person must immediately notify an animal warden or
4 27 other local law enforcement official of any escape of a
4 28 dangerous animal.
4 29 9. The person who possesses the dangerous animal is
4 30 strictly liable for any damages or injury incurred by a person
4 31 resulting from the dangerous animal.
4 32 10. If the person is no longer able to care for the
4 33 animal, the person shall notify the department and find long-
4 34 term placement for the dangerous animal with a wildlife
4 35 sanctuary or institution accredited by the American zoo and
5 1 aquarium association.
5 2 Sec. 5. NEW SECTION. 717E.5 SEIZURE, CUSTODY, AND
5 3 DISPOSAL OF DANGEROUS ANIMALS.
5 4 1. a. Except as provided in paragraph "b", the department
5 5 shall seize a dangerous animal which is in the possession of a
5 6 person if the person is not in compliance with the
5 7 requirements of this chapter.
5 8 b. Upon request, the department may provide that the
5 9 person retain possession of the dangerous animal for not more
5 10 than ten days, upon conditions required by the department.
5 11 During that period, the person shall take all necessary
5 12 actions to comply with this chapter. The department shall
5 13 inspect the premises where the dangerous animal is kept during
5 14 reasonable times to ensure that the person is complying with
5 15 the conditions.
5 16 2. If the person fails to comply with the conditions of
5 17 the department at any time or is not in compliance with this
5 18 chapter following the ten-day period, the department shall
5 19 seize the dangerous animal.
5 20 a. The dangerous animal shall be considered to be a
5 21 threatened animal which has been rescued as provided in
5 22 chapter 717B. The court may authorize the return of the
5 23 dangerous animal to the person from whom the animal was seized
5 24 if the court finds all of the following:
5 25 (1) The person is capable of providing the care required
5 26 for the dangerous animal.
5 27 (2) There is a substantial likelihood that the person will
5 28 provide the care required for the dangerous animal.
5 29 (3) The dangerous animal has not been abused, neglected,
5 30 or tortured, as provided in chapter 717B.
5 31 b. If the court orders a permanent disposition of the
5 32 dangerous animal, the dangerous animal shall be subject to
5 33 disposition as provided in section 717B.4 and the responsible
5 34 party shall be assessed costs associated with its seizure,
5 35 custody, and disposition as provided in that section. The
6 1 department may find long-term placement for the dangerous
6 2 animal with a wildlife sanctuary or institution accredited by
6 3 the American zoo and aquarium association.
6 4 Sec. 6. NEW SECTION. 717E.6 EXEMPTIONS.
6 5 This chapter does not apply to any of the following:
6 6 1. An institution accredited by the American zoo and
6 7 aquarium association.
6 8 2. A wildlife sanctuary.
6 9 3. A circus that obtains a permit from the municipality in
6 10 which it will be temporarily operating.
6 11 4. The state fair as provided in chapter 173 or a county
6 12 or district fair as provided in chapter 174.
6 13 5. A location where an animal is maintained for
6 14 educational or scientific purposes, including an institution
6 15 as defined in section 145B.1, a research facility as defined
6 16 in section 162.2, an exhibition, or a vehicle used to
6 17 transport the animal.
6 18 6. A location operated by a person licensed to practice
6 19 veterinary medicine pursuant to chapter 169.
6 20 7. A pound as defined in section 162.2.
6 21 8. An animal shelter as defined in section 162.2.
6 22 Sec. 7. NEW SECTION. 717E.7 PENALTY.
6 23 A person who violates this chapter is guilty of a serious
6 24 misdemeanor.
6 25 EXPLANATION
6 26 This bill creates a new Code chapter 717E, which regulates
6 27 the possession of dangerous animals which are defined to
6 28 include lions, tigers, cougars, leopards, cheetahs, ocelots,
6 29 servals, bears, pandas, and primates other than humans.
6 30 The department of natural resources is charged to
6 31 administer the bill's provisions, although the department may
6 32 execute 28E agreements with other government entities. The
6 33 bill makes it a criminal offense to possess a dangerous
6 34 animal, with certain exceptions, to allow a dangerous animal
6 35 in the person's possession to breed, or to transport a
7 1 dangerous animal into this state.
7 2 The bill specifically allows a person to possess a
7 3 dangerous animal if the person has possession of the dangerous
7 4 animal on the effective date of the bill, but subject to
7 5 certain conditions. The person must maintain the animal in
7 6 compliance with the terms of a federal permit or license, and
7 7 must otherwise comply with applicable federal law. The person
7 8 must attach or install an electronic identification device to
7 9 the dangerous animal or beneath its skin or hide. The person
7 10 must also register with the department, and maintain health
7 11 and ownership records. The bill also provides that the person
7 12 must confine or move the animal according to a number of
7 13 specifications designed to secure it from the public. The
7 14 person is strictly liable for damages or injuries resulting
7 15 from the actions of the dangerous animal.
7 16 The bill provides for the seizure, custody, and disposal of
7 17 dangerous animals which are kept in violation of the bill's
7 18 provisions. The department may allow the person in possession
7 19 of the dangerous animal to correct the violation and keep the
7 20 animal for 10 days but subject to conditions established by
7 21 the department. If the person fails to comply with those
7 22 conditions at any time or is not in compliance with the bill's
7 23 provisions following the 10-day period, the department is
7 24 required to seize the dangerous animal. The dangerous animal
7 25 is considered a threatened animal in the same manner as
7 26 provided in Code chapter 717B, which authorizes the rescue of
7 27 animals other than livestock. It provides for notifying the
7 28 owner of the animal of the seizure, provides for a court
7 29 hearing to determine disposition, and requires that persons
7 30 responsible for the animal pay costs associated with its
7 31 custody and disposition. The bill provides that a court may
7 32 order the return of the dangerous animal if it determines that
7 33 the person is capable of providing for its care, that there is
7 34 a substantial likelihood that the person will provide such
7 35 care, and that the dangerous animal has not been abused,
8 1 neglected, or tortured, as provided in Code chapter 717B.
8 2 The bill exempts a number of persons and locations from the
8 3 requirements of the bill, including an accredited zoo,
8 4 wildlife sanctuary, circus, fair, research facility, licensed
8 5 veterinarian, pound, or animal shelter.
8 6 A person who violates the bill's provisions is guilty of a
8 7 serious misdemeanor. A serious misdemeanor is punishable by
8 8 confinement for no more than one year and a fine of at least
8 9 $250 but not more than $1,500.
8 10 LSB 6181XS 80
8 11 da/pj/5.1
Text: SF02200 Text: SF02202 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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