Senate Amendment 5138


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

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