House Amendment 2118 PAG LIN 1 1 Amend the amendment, H=2048, to Senate File 601, as 1 2 amended, passed, and reprinted by the Senate, as 1 3 follows: 1 4 #1. By striking page 1, line 1, through page 7, 1 5 line 6, and inserting the following: 1 6 <Amend Senate File 601, as amended, passed, and 1 7 reprinted by the Senate, as follows: 1 8 # . Page 55, by striking lines 23 through 30. 1 9 # . Page 56, by striking lines 13 through 19. 1 10 # . By striking page 56, line 26, through page 1 11 57, line 6. 1 12 # . Page 59, by inserting after line 10 the 1 13 following: 1 14 <DIVISION 1 15 REGULATION OF ESTRAY AND GAME SWINE 1 16 Sec. . Section 163.2, Code 2007, is amended by 1 17 adding the following new subsections: 1 18 NEW SUBSECTION. 2A. "Custody or control" means to 1 19 keep an animal in an enclosed or confined location, in 1 20 a manner that prevents the release or escape of the 1 21 animal from the location including but not limited to 1 22 keeping the animal for breeding, growing, movement, or 1 23 harvesting. 1 24 NEW SUBSECTION. 3A. "Estray" means not to be in 1 25 the custody or control of a person. 1 26 NEW SUBSECTION. 3B. "Game swine" means the same 1 27 as defined in section 171.1. 1 28 Sec. . Section 163.30, subsection 5, unnumbered 1 29 paragraph 1, Code 2007, is amended to read as follows: 1 30 All swine moved shall be accompanied by a 1 31 certificate of veterinary inspection issued by the 1 32 state of origin and prepared and signed by a 1 33 veterinarian. The certificate shall show the point of 1 34 origin, the point of destination, individual 1 35 identification, immunization status, and, when 1 36 required, any movement permit number assigned to the 1 37 shipment by the department. The certificate of 1 38 veterinary inspection shall state whether the swine 1 39 are game swine, and shall provide any registration 1 40 information as required by section 171.4. Allsuch1 41 movement of swine shall be completed within 1 42 seventy=two hours unless an extension of time for 1 43 movement is granted by the department. 1 44 Sec. . NEW SECTION. 163.32 ESTRAY SWINE. 1 45 1. Estray swine are declared to be a public 1 46 nuisance and are subject to a policy of eradication as 1 47 administered by the department which is the principal 1 48 enforcement agency charged with carrying out the 1 49 policy. 1 50 a. The department of natural resources shall 2 1 cooperate with the department of agriculture and land 2 2 stewardship in carrying out the policy. The 2 3 departments shall periodically consult about how to 2 4 most effectively contribute resources and their 2 5 respective expertise, and divide jurisdictional 2 6 responsibility, including the assignment of 2 7 investigative personnel where appropriate. However, 2 8 the department of natural resources shall regulate 2 9 hunting preserves under chapter 484B, and the 2 10 regulation of persons taking animals under Title XI, 2 11 subtitle 6. 2 12 b. The department of agriculture and land 2 13 stewardship shall cooperate with the animal and plant 2 14 health inspection service of the United States 2 15 department of agriculture, and may enter into 2 16 cooperative agreements with the animal and plant 2 17 health inspection service in order to carry out the 2 18 eradication policy. 2 19 2. A person who captures swine which is estray in 2 20 another state shall not move that swine into this 2 21 state. 2 22 Sec. . NEW SECTION. 163.61A PENALTY AND 2 23 DISCIPLINARY ACTION FOR TAKING ESTRAY SWINE. 2 24 1. A person who violates section 163.32 is guilty 2 25 of an aggravated misdemeanor. A person is guilty of a 2 26 separate offense for each swine which is the subject 2 27 of the violation. 2 28 2. Upon a person's conviction for violating 2 29 section 163.32, the sentencing court may, as part of 2 30 the judgment, revoke or suspend a license issued 2 31 pursuant to chapter 481A or 483A for a definite period 2 32 of time. 2 33 Sec. . NEW SECTION. 171.1 DEFINITIONS. 2 34 As used in this chapter, unless the context 2 35 otherwise requires: 2 36 1. "Custody or control" means the same as defined 2 37 in section 163.2. 2 38 2. "Department" means the department of 2 39 agriculture and land stewardship. 2 40 3. "Game swine" means the same as defined in 2 41 section 484B.1. 2 42 4. "Swine" means an animal belonging to the order 2 43 artiodactyla, and classified as part of the family 2 44 suidae. 2 45 Sec. . NEW SECTION. 171.2 RULES. 2 46 The department may adopt rules pursuant to chapter 2 47 17A as necessary to administer this chapter. 2 48 Sec. . NEW SECTION. 171.3 IDENTIFICATION. 2 49 A person who has custody or control of game swine 2 50 shall identify the game swine as required by the 3 1 department. Game swine shall at least be identified 3 2 with a numbered metal ear tag affixed to the game 3 3 swine or other method such as installing an electronic 3 4 device onto or beneath the hide of the game swine as 3 5 prescribed by the department. The game swine must be 3 6 identified within ten days following the person's 3 7 acquisition of the game swine, including acquisition 3 8 by transfer or birth. 3 9 Sec. . NEW SECTION. 171.4 GAME SWINE 3 10 REGISTRATION SYSTEM. 3 11 The department of agriculture and land stewardship 3 12 shall establish a game swine registration system, in 3 13 cooperation with the department of natural resources. 3 14 1. A person who has custody or control of a game 3 15 swine shall register the game swine within ten days 3 16 following the person's acquisition of the game swine, 3 17 including acquisition by transfer or birth. 3 18 2. The person required to register game swine as 3 19 provided in this section shall provide information 3 20 required by the department which shall at least 3 21 include all of the following: 3 22 a. The number, age, and description of the game 3 23 swine, including its identification number as provided 3 24 in section 171.3. 3 25 b. The location where the person maintains custody 3 26 or control of the game swine. 3 27 c. The purpose of the person in maintaining 3 28 custody or control of the game swine. 3 29 d. Whether the person has been issued a hunting 3 30 preserve operator's license as required in chapter 3 31 484B. 3 32 3. The department shall to every extent feasible 3 33 provide for registration using the internet, including 3 34 programming, necessary to ensure the convenience, 3 35 completeness, and accuracy of the registrations. 3 36 Sec. . NEW SECTION. 171.5 GAME SWINE 3 37 REGISTRATION FEE. 3 38 A person required to register game swine as 3 39 provided in section 171.4 shall remit a registration 3 40 fee to the department. The amount of the registration 3 41 fee shall not exceed five dollars per head of swine. 3 42 The moneys collected by the department under this 3 43 section shall be retained as repayment receipts by the 3 44 department exclusively to offset the costs of 3 45 providing for registrations pursuant to section 171.4. 3 46 Sec. . NEW SECTION. 171.6 HEALTH 3 47 REQUIREMENTS. 3 48 Game swine shall be free of an infectious or 3 49 contagious disease as defined in section 163.2. The 3 50 department shall regulate game swine as any other 4 1 swine for purposes of preventing, suppressing, and 4 2 eradicating an infectious or contagious disease 4 3 afflicting swine within the state. 4 4 Sec. . NEW SECTION. 171.7 PENALTY. 4 5 A person who violates section 171.3 or 171.4 is 4 6 subject to a civil penalty of not more than one 4 7 hundred dollars. Penalty moneys shall be deposited 4 8 into the general fund of the state. 4 9 Sec. . Section 484B.1, Code 2007, is amended by 4 10 adding the following new subsections: 4 11 NEW SUBSECTION. 3A. "Estray" means not to be in 4 12 the custody or control of a person. 4 13 NEW SUBSECTION. 4A. "Game swine" means swine that 4 14 are classified as part of the species sus scrofa 4 15 linnaeus which may be commonly known as Russian boar 4 16 or European boar, as well as Eurasian wild boar or 4 17 Eurasian=domestic stock hybrids, of either sex. 4 18 Sec. . Section 484B.1, subsection 6, Code 2007, 4 19 is amended to read as follows: 4 20 6. "Livestock" meansthe samelivestock as defined 4 21 in section 717.1 other than game swine. 4 22 Sec. . Section 484B.3, Code 2007, is amended by 4 23 adding the following new subsection: 4 24 NEW SUBSECTION. 3. The department shall regulate 4 25 game swine in cooperation with the department of 4 26 agriculture and land stewardship as provided in 4 27 chapter 171. 4 28 Sec. . Section 484B.4, subsection 2, Code 2007, 4 29 is amended by adding the following new paragraph: 4 30 NEW PARAGRAPH. f. The person has registered any 4 31 game swine to be kept at the hunting preserve with the 4 32 department of agriculture and land stewardship as 4 33 provided in section 171.4. 4 34 Sec. . Section 484B.5, Code 2007, is amended to 4 35 read as follows: 4 36 484B.5 BOUNDARIES SIGNED == FENCED. 4 37 1. Upon receipt of a hunting preserve license, the 4 38 licensee shall promptly sign the licensed property 4 39 with signs prescribed by the department. 4 40 2. a. A licensee holding and releasing ungulates 4 41 shall construct and maintain boundary fences 4 42 prescribed by the department so as to enclose and 4 43 contain all released ungulates and exclude all 4 44 ungulates which are property of the state from 4 45 becoming a part of the hunting preserve enterprise. 4 46 b. A person who begins to keep game swine on or 4 47 after the effective date of this Act shall construct 4 48 and maintain a fence in compliance with this 4 49 paragraph. The fence shall be constructed of twelve 4 50 gauge woven wire at least five feet high and topped 5 1 with one strand of electrified wire. An additional 5 2 two feet of such fencing shall be buried and angled 5 3 underground toward the enclosed interior. However, 5 4 upon application, the department may waive this 5 5 requirement if the department determines that a fence 5 6 is to be designed and constructed which provides 5 7 equivalent or greater security from escape by game 5 8 swine. 5 9 Sec. . NEW SECTION. 484B.6A ESTRAY GAME 5 10 SWINE. 5 11 A person required to be licensed pursuant to 5 12 section 484B.4 shall not allow the game swine to 5 13 become estray. 5 14 Sec. . Section 484B.7, subsection 1, Code 2007, 5 15 is amended to read as follows: 5 16 1. Each hunting preserve licensee shall keep the 5 17 records and make the reports required on forms 5 18 prepared and provided by the department. All records 5 19 shall be open for inspection at any reasonable time by 5 20 the department or its authorized agents. The 5 21 department of agriculture and land stewardship may 5 22 inspect records relating to game swine in order to 5 23 ensure compliance with chapter 171. 5 24 Sec. . Section 484B.9, Code 2007, is amended to 5 25 read as follows: 5 26 484B.9 UNGULATE TRANSPORTATION TAGS == MARKINGS. 5 27 The department shall prepare transportation tags 5 28 suitable for use upon the carcass of ungulates 5 29 described in this chapter. The tags shall be used to 5 30 designate all ungulates taken by hunters upon a 5 31 licensed hunting preserve. The department shall 5 32 provide licensees with the tags. All ungulates taken 5 33 on a licensed hunting preserve shall be tagged with a 5 34 numbered tag prior to being removed from the hunting 5 35 preserve.TheFor game swine, the department shall 5 36 provide for tags in cooperation with the department of 5 37 agriculture and land stewardship as provided in 5 38 chapter 171. A hunter shall tag the ungulate taken in 5 39 accordance with the rules as determined by the 5 40 department. The tag shall remain attached to the 5 41 carcass of the dead ungulate until processed for 5 42 consumption. The hunter shall be provided with a bill 5 43 of sale by the licensee. The bill of sale shall 5 44 remain in the possession of the hunter. Ungulate tags 5 45 issued to a hunting preserve are not transferable. 5 46 Sec. . Section 484B.12, Code 2007, is amended 5 47 to read as follows: 5 48 484B.12 HEALTH REQUIREMENTS == UNGULATES. 5 49 All ungulates which are purchased, propagated, 5 50 confined, released, or sold by a licensed hunting 6 1 preserve shall be free of diseases considered 6 2 significant for wildlife, poultry, or livestock. The 6 3 department of agriculture and land stewardship shall 6 4 provide for the regulation of farm deer as provided in 6 5 chapter 170, and for the regulation of game swine as 6 6 provided in chapter 171. 6 7 Sec. . NEW SECTION. 484B.12A HEALTH AND 6 8 MOVEMENT REQUIREMENTS == GAME SWINE. 6 9 1. All game swine which are purchased, propagated, 6 10 confined, released, or sold by a hunting preserve 6 11 required to be licensed under this chapter shall be 6 12 free of diseases considered significant for wildlife, 6 13 poultry, or livestock. The department of agriculture 6 14 and land stewardship shall provide for the regulation 6 15 of game swine as any other swine for purposes of 6 16 preventing, suppressing, and eradicating an infectious 6 17 or contagious disease afflicting swine within the 6 18 state. 6 19 2. Game swine that are purchased, propagated, 6 20 confined, or sold by a hunting preserve shall only be 6 21 moved in accordance with rules adopted or orders 6 22 issued by the department of agriculture and land 6 23 stewardship. 6 24 Sec. . NEW SECTION. 484B.15 CIVIL PENALTIES. 6 25 A person who violates section 484B.6A is subject to 6 26 a civil penalty of one thousand dollars. Each day 6 27 that a violation continues shall be considered a 6 28 separate offense. All civil penalties shall be 6 29 deposited in the general fund of the state. 6 30 Sec. . NEW SECTION. 484B.16 RESTITUTION. 6 31 1. A person required to be licensed pursuant to 6 32 section 484B.4 and who keeps game swine shall pay 6 33 restitution to the department of natural resources for 6 34 damages to the environment and wildlife caused by the 6 35 game swine which become estray. The amount of the 6 36 restitution shall also include the department's 6 37 administrative costs for investigating the incident. 6 38 2. The department shall adopt rules providing for 6 39 procedures for investigations and the administrative 6 40 assessment of restitution amounts. The rules shall 6 41 establish an opportunity to appeal a departmental 6 42 action including by a contested case proceeding under 6 43 chapter 17A. A final administrative decision 6 44 assessing an amount of restitution may be enforced by 6 45 the attorney general at the request of the department. 6 46 3. Moneys collected by the department in 6 47 restitution shall be deposited into the state fish and 6 48 game protection fund. The moneys shall be used 6 49 exclusively to support restoration or improvement of 6 50 the environment and repopulation of wildlife. 7 1 However, moneys collected from restitution paid for 7 2 investigative costs shall be used as determined by the 7 3 department. 7 4 Sec. . IDENTIFICATION AND REGISTRATION == 7 5 COMPLIANCE PERIOD. Notwithstanding sections 171.3 and 7 6 171.4, a person required to identify game swine and 7 7 register game swine shall have until September 1, 7 8 2007, to comply with those sections. 7 9 Sec. . EFFECTIVE DATE. This division of this 7 10 Act, being deemed of immediate importance, takes 7 11 effect upon enactment.>> 7 12 #2. By renumbering as necessary. 7 13 7 14 7 15 7 16 WHITAKER of Van Buren 7 17 SF 601.236 82 7 18 da/es/10176 -1-