House File 2017 HOUSE FILE BY GREINER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the regulation of swine dealers and providing 2 for a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5338HH 80 5 da/cf/24 PAG LIN 1 1 Section 1. Section 163.61, subsections 2 and 3, Code 2003, 1 2 are amended to read as follows: 1 3 2.a.Except as provided inparagraph "b"subsection 3, a 1 4 person violating a provision of this chapter, or a rule 1 5 adopted pursuant to this chapter, shall be subject to a civil 1 6 penalty of at least one hundred dollars but not more than one 1 7 thousand dollars. In the case of a continuing violation, each 1 8 day of the continuing violation is a separate violation. 1 9 However, a person shall not be subject to a civil penalty 1 10 totaling more than twenty=five thousand dollars. 1 11b.3. Notwithstanding the provisions ofparagraph "a"1 12 subsection 2,aall of the following shall apply: 1 13 a. A person who falsifies a health certificate, 1 14 veterinarian inspection certificate, or certificate of 1 15 inspection shall be subject to a civil penalty of not more 1 16 than five thousand dollars for each reference to an animal 1 17 falsified on the certificate. However, a person who falsifies 1 18 a certificate of inspection issued pursuant to chapter 166D 1 19 shall be subject to a civil penalty as provided in this 1 20 section or section 166D.16, but not both. A person shall not 1 21 be subject to a civil penalty totaling more than twenty=five 1 22 thousand dollars for falsifying a certificate, regardless of 1 23 the number of animals falsified on the certificate. 1 24 b. A person required to be licensed as a dealer pursuant 1 25 to section 163.30 and who is not issued a license by the 1 26 department pursuant to that section shall be subject to a 1 27 civil penalty of at least one thousand dollars but not more 1 28 than five thousand dollars. Each day that the person does 1 29 business as a dealer without being issued a license 1 30 constitutes a separate offense. A person shall not be subject 1 31 to a civil penalty totaling more than twenty=five thousand 1 32 dollars during any one year. 1 333.4. Moneys collected from civil penalties shall be 1 34 deposited into the general fund of the state. 1 35 EXPLANATION 2 1 Code chapter 163 authorizes the department of agriculture 2 2 and land stewardship to regulate contagious and infectious 2 3 diseases among livestock populations. Code section 163.30 2 4 regulates swine dealers (dealers) engaged in the business of 2 5 buying for resale, or selling, or exchanging swine. The Code 2 6 section prohibits a person from acting as a dealer unless the 2 7 department of agriculture and land stewardship issues the 2 8 person a dealer's license. Code section 163.61 provides 2 9 penalties for persons who violate the chapter, including 2 10 engaging as a dealer without a license. Generally, a person 2 11 who violates the Code chapter is subject to a civil penalty of 2 12 at least $100 but not more than $1,000. In the case of a 2 13 continuing violation, each day of the continuing violation is 2 14 a separate violation. However, a person is not subject to a 2 15 civil penalty totaling more than $25,000. 2 16 This bill increases the civil penalty applicable to a 2 17 person who illegally acts as a dealer by not being issued a 2 18 license. The bill provides that a person is subject to a 2 19 minimum civil penalty of $1,000 but not more than $5,000. The 2 20 bill repeats language applying to general violations of the 2 21 Code chapter by providing that each day of a violation 2 22 constitutes a separate offense. It also provides that a 2 23 person is not subject to a civil penalty totaling more than 2 24 $25,000 during any one year. 2 25 LSB 5338HH 80 2 26 da/cf/24