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 in paragraph "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 11    b. 3.  Notwithstanding the provisions of paragraph "a"
  1 12 subsection 2, a all 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 33    3. 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