House File 486

                                       HOUSE FILE       
                                       BY  FALLON


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to unlawfully buying or selling a wild animal or
  2    part of a wild animal.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2425HH 80
  5 av/sh/8

PAG LIN

  1  1    Section 1.  Section 481A.136, Code 2003, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  3.  Notwithstanding subsection 2, if a
  1  4 person buys or sells a wild animal or part of a wild animal
  1  5 without knowledge that the wild animal or part of the wild
  1  6 animal is taken, transported, or possessed in violation of the
  1  7 laws of this state, or a rule adopted by the department, and
  1  8 the person has no other prior violations of this section, the
  1  9 department shall issue a warning to the person that a
  1 10 violation of this section has occurred and that the person
  1 11 will be subject to civil damages and criminal penalties for
  1 12 the violation for which the warning is issued if the person
  1 13 commits any further violation of this section within one year
  1 14 after the warning is issued.  If the person does not commit
  1 15 any such further violation, the person shall not be subject to
  1 16 civil damages or charged with a crime pursuant to subsection 2
  1 17 for the person's actions.  Multiple violations of this section
  1 18 that occur contemporaneously shall be treated as one violation
  1 19 for the purposes of this subsection.
  1 20                           EXPLANATION
  1 21    This bill provides that if a person buys or sells a wild
  1 22 animal or part of a wild animal without knowledge that the
  1 23 wild animal is taken, transported, or possessed in violation
  1 24 of the laws of this state or a rule adopted by the department
  1 25 and the person has no other such violations prior to the
  1 26 violation, the department of natural resources shall issue a
  1 27 warning to the person that a violation has occurred and that
  1 28 the person will not be subject to civil damages and criminal
  1 29 penalties for the violation for which the warning is issued so
  1 30 long as the person does not commit any further such violation
  1 31 within one year after the warning is issued.  Multiple
  1 32 violations that occur contemporaneously are treated as one
  1 33 violation for the purposes of this bill.
  1 34 LSB 2425HH 80
  1 35 av/sh/8