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