House Amendment 1903


PAG LIN




     1  1    Amend Senate File 551, as amended, passed, and
     1  2 reprinted by the Senate, as follows:
     1  3 #1.  Page 20, by inserting after line 2 the
     1  4 following:
     1  5                      <DIVISION    
     1  6      CODE LANGUAGE == MOVEMENT AND HEALTH OF SWINE
     1  7    Sec.    .  Section 163.2, Code 2007, is amended by
     1  8 adding the following new subsections:
     1  9    NEW SUBSECTION.  2A.  "Custody or control" means to
     1 10 keep an animal in an enclosed or confined location, in
     1 11 a manner that prevents the release or escape of the
     1 12 animal from the location including but not limited to
     1 13 keeping the animal for breeding, growing, movement, or
     1 14 harvesting.
     1 15    NEW SUBSECTION.  3A.  "Estray" means not to be in
     1 16 the custody or control of a person.
     1 17    NEW SUBSECTION.  3B.  "Game swine" means the same
     1 18 as defined in section 171.1.
     1 19    Sec.    .  Section 163.30, subsection 5, unnumbered
     1 20 paragraph 1, Code 2007, is amended to read as follows:
     1 21    All swine moved shall be accompanied by a
     1 22 certificate of veterinary inspection issued by the
     1 23 state of origin and prepared and signed by a
     1 24 veterinarian.  The certificate shall show the point of
     1 25 origin, the point of destination, individual
     1 26 identification, immunization status, and, when
     1 27 required, any movement permit number assigned to the
     1 28 shipment by the department.  The certificate of
     1 29 veterinary inspection shall state whether the swine
     1 30 are game swine, and shall provide any registration
     1 31 information as required by section 171.4.  All such
     1 32 movement of swine shall be completed within
     1 33 seventy=two hours unless an extension of time for
     1 34 movement is granted by the department.
     1 35    Sec.    .  NEW SECTION.  163.32  ESTRAY SWINE.
     1 36    A person who captures swine which is estray in
     1 37 another state shall not move that swine into this
     1 38 state.
     1 39    Sec.    .  NEW SECTION.  163.61A  PENALTY AND
     1 40 DISCIPLINARY ACTION FOR TAKING ESTRAY SWINE.
     1 41    1.  A person who violates section 163.32 is guilty
     1 42 of an aggravated misdemeanor.  A person is guilty of a
     1 43 separate offense for each swine which is the subject
     1 44 of the violation.
     1 45    2.  Upon a person's conviction for violating
     1 46 section 163.32, the sentencing court may, as part of
     1 47 the judgment, revoke or suspend a license issued
     1 48 pursuant to chapter 481A or 483A for a definite period
     1 49 of time.
     1 50    Sec.    .  NEW SECTION.  171.1  DEFINITIONS.
     2  1    As used in this chapter, unless the context
     2  2 otherwise requires:
     2  3    1.  "Custody or control" means the same as defined
     2  4 in section 163.2.
     2  5    2.  "Department" means the department of
     2  6 agriculture and land stewardship.
     2  7    3.  "Game swine" means swine that are classified as
     2  8 part of the species sus scrofa linnaeus which may be
     2  9 commonly known as Russian boar or European boar of
     2 10 either sex.
     2 11    4.  "Swine" means an animal belonging to the order
     2 12 artiodactyla, and classified as part of the family
     2 13 suidae.
     2 14    Sec.    .  NEW SECTION.  171.2  RULES.
     2 15    The department may adopt rules pursuant to chapter
     2 16 17A as necessary to administer this chapter.
     2 17    Sec.    .  NEW SECTION.  171.3  IDENTIFICATION.
     2 18    A person who has custody or control of game swine
     2 19 shall identify the game swine as required by the
     2 20 department.  Game swine shall at least be identified
     2 21 with a numbered metal ear tag affixed to the game
     2 22 swine or other method such as installing an electronic
     2 23 device onto or beneath the hide of the game swine as
     2 24 prescribed by the department.  The game swine must be
     2 25 identified within ten days following the person's
     2 26 acquisition of the game swine, including acquisition
     2 27 by transfer or birth.
     2 28    Sec.    .  NEW SECTION.  171.4  GAME SWINE
     2 29 REGISTRATION SYSTEM.
     2 30    The department of agriculture and land stewardship
     2 31 shall establish a game swine registration system, in
     2 32 cooperation with the department of natural resources.
     2 33    1.  A person who has custody or control of a game
     2 34 swine shall register the game swine within ten days
     2 35 following the person's acquisition of the game swine,
     2 36 including acquisition by transfer or birth.
     2 37    2.  The person required to register game swine as
     2 38 provided in this section shall provide information
     2 39 required by the department which shall at least
     2 40 include all of the following:
     2 41    a.  The number, age, and description of the game
     2 42 swine, including its identification number as provided
     2 43 in section 171.3.
     2 44    b.  The location where the person maintains custody
     2 45 or control of the game swine.
     2 46    c.  The purpose of the person in maintaining
     2 47 custody or control of the game swine.
     2 48    d.  Whether the person has been issued a hunting
     2 49 preserve operator's license as required in chapter
     2 50 484B.
     3  1    3.  The department shall to every extent feasible
     3  2 provide for registration using the internet, including
     3  3 programming, necessary to ensure the convenience,
     3  4 completeness, and accuracy of the registrations.
     3  5    Sec.    .  NEW SECTION.  171.5  GAME SWINE
     3  6 REGISTRATION FEE.
     3  7    A person required to register game swine as
     3  8 provided in section 171.4 shall remit a registration
     3  9 fee to the department.  The amount of the registration
     3 10 fee shall not exceed one dollar.  The moneys collected
     3 11 by the department under this section shall be retained
     3 12 as repayment receipts by the department exclusively to
     3 13 offset the costs of providing for registrations
     3 14 pursuant to section 171.4.
     3 15    Sec.    .  NEW SECTION.  171.6  HEALTH
     3 16 REQUIREMENTS.
     3 17    Game swine shall be free of an infectious or
     3 18 contagious disease as defined in section 163.2.  The
     3 19 department shall regulate game swine as any other
     3 20 swine for purposes of preventing, suppressing, and
     3 21 eradicating an infectious or contagious disease
     3 22 afflicting swine within the state.
     3 23    Sec.    .  NEW SECTION.  171.7  PENALTY.
     3 24    A person who violates section 171.3 or 171.4 is
     3 25 subject to a civil penalty of not more than one
     3 26 hundred dollars.  Penalty moneys shall be deposited
     3 27 into the general fund of the state.
     3 28    Sec.    .  Section 484B.1, Code 2007, is amended by
     3 29 adding the following new subsection:
     3 30    NEW SUBSECTION.  4A.  "Game swine" means the same
     3 31 as defined in section 171.1.
     3 32    Sec.    .  NEW SECTION.  484B.12A  HEALTH AND
     3 33 MOVEMENT REQUIREMENTS == GAME SWINE.
     3 34    1.  All game swine which are purchased, propagated,
     3 35 confined, released, or sold by a hunting preserve
     3 36 required to be licensed under this chapter shall be
     3 37 free of diseases considered significant for wildlife,
     3 38 poultry, or livestock.  The department of agriculture
     3 39 and land stewardship shall provide for the regulation
     3 40 of game swine as any other swine for purposes of
     3 41 preventing, suppressing, and eradicating an infectious
     3 42 or contagious disease afflicting swine within the
     3 43 state.
     3 44    2.  Game swine that are purchased, propagated,
     3 45 confined, or sold by a hunting preserve shall only be
     3 46 moved in accordance with rules adopted or orders
     3 47 issued by the department of agriculture and land
     3 48 stewardship.
     3 49    Sec.    .  IDENTIFICATION AND REGISTRATION ==
     3 50 COMPLIANCE PERIOD.  Notwithstanding sections 171.3 and
     4  1 171.4, a person required to identify game swine and
     4  2 register game swine shall have until September 1,
     4  3 2007, to comply with those sections.
     4  4    Sec.    .  EFFECTIVE DATE.  This division of this
     4  5 Act, being deemed of immediate importance, takes
     4  6 effect upon enactment.>
     4  7 #2.  Title page, line 3, by inserting after the
     4  8 word <protection> the following:  <, and providing
     4  9 penalties and an effective date>.
     4 10 #3.  By renumbering as necessary.
     4 11
     4 12
     4 13                               
     4 14 SANDS of Louisa
     4 15 SF 551.516 82
     4 16 da/je/9595

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