Senate File 2201 SENATE FILE BY KREIMAN (COMPANION TO LSB 6181HH BY SWAIM) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to dangerous animals, including by regulating the 2 possession of those animals, requiring registration of the 3 animals, and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6181XS 80 6 da/pj/5 PAG LIN 1 1 Section 1. NEW SECTION. 717E.1 DEFINITIONS. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. a. "Dangerous animal" means any of the following: 1 5 (1) A member of the felidae family of the order carnivora 1 6 including, but not limited to, lions, tigers, cougars, 1 7 leopards, cheetahs, ocelots, and servals. However, a 1 8 dangerous animal does not include cats recognized as a 1 9 domestic breed, including but not limited to cats shown as a 1 10 domestic breed by a registry association recognized by the 1 11 department. 1 12 (2) A member of the ursidae family of the order carnivora, 1 13 including bears and pandas. 1 14 (3) A member of the order of primates other than humans, 1 15 and including the following families: callitrichiadae, 1 16 cabidae, cercopithecidae, cheirogaleidae, daubentoniidae, 1 17 galagonidae, hominidae, hylobatidae, indridae, lemuridae, 1 18 loridae, megaladapidae, or tarsiidae. A member includes but 1 19 is not limited to marmosets, tamarins, monkeys, lemurs, 1 20 galagos, bushbabies, great apes, gibbons, lesser apes, indris, 1 21 sifakas, and tarsiers. 1 22 b. "Dangerous animal" includes an animal which is the 1 23 offspring of an animal provided in paragraph "a", and another 1 24 animal provided in that paragraph or any other animal. It 1 25 also includes animals which are the offspring of each 1 26 subsequent generation. 1 27 2. "Department" means the department of natural resources. 1 28 3. "Electronic identification device" means a device which 1 29 when installed is designed to store information regarding an 1 30 animal or the animal's owner in an electronic format which may 1 31 be accessed by a computer for purposes of reading or 1 32 manipulating the information. 1 33 4. "Possess" means to own, keep, or control an animal, or 1 34 supervise or provide for the care and feeding of any animal, 1 35 including any activity relating to confining, handling, 2 1 breeding, transporting, or exhibiting the animal. 2 2 5. "Wildlife sanctuary" means an organization exempt from 2 3 taxation pursuant to section 501c of the Internal Revenue Code 2 4 that operates a place of refuge where abused, neglected, 2 5 unwanted, impounded, abandoned, orphaned, or displaced 2 6 wildlife are provided care for their lifetime, if all of the 2 7 following apply: 2 8 a. The organization does not buy, sell, trade, auction, 2 9 lease, loan, or breed any animal of which the organization is 2 10 an owner, except as an integral part of the species survival 2 11 plan of the American zoo and aquarium association. 2 12 b. The organization is accredited by the American 2 13 sanctuary association, the association of sanctuaries, or 2 14 another similar association recognized by the department. 2 15 Sec. 2. NEW SECTION. 717E.2 RULEMAKING == 28E AGREEMENTS 2 16 == ASSISTANCE OF ANIMAL WARDEN. 2 17 1. The department shall administer this chapter by doing 2 18 all of the following: 2 19 a. Adopting rules as provided in chapter 17A for the 2 20 administration and enforcement of this chapter. 2 21 b. Entering into agreements pursuant to chapter 28E as the 2 22 department determines necessary for the administration and 2 23 enforcement of this chapter. 2 24 2. An animal warden as defined in section 162.2 shall 2 25 assist the department in seizing and maintaining custody of 2 26 dangerous animals. 2 27 Sec. 3. NEW SECTION. 717E.3 POSSESSION OF A DANGEROUS 2 28 ANIMAL == PROHIBITIONS. 2 29 A person shall not do any of the following: 2 30 1. Possess a dangerous animal except as otherwise provided 2 31 in this chapter. 2 32 2. Allow a dangerous animal in the person's possession to 2 33 breed. 2 34 3. Transport a dangerous animal into this state. 2 35 Sec. 4. NEW SECTION. 717E.4 PERSONS POSSESSING DANGEROUS 3 1 ANIMAL ON THE EFFECTIVE DATE OF THIS ACT. 3 2 A person who possesses a dangerous animal on the effective 3 3 date of this Act may continue to possess the dangerous animal 3 4 subject to all of the following: 3 5 1. If the person possesses the dangerous animal pursuant 3 6 to a valid federal license or permit issued prior to the 3 7 effective date of this Act, the person must maintain 3 8 possession according to the terms of the license or permit. 3 9 2. The person shall care for the animal as required 3 10 pursuant to the federal Animal Welfare Act, 7 U.S.C. } 2131 et 3 11 seq., and regulations promulgated by the United States 3 12 department of agriculture which apply to facilities and their 3 13 operations, animal health and husbandry practices, and 3 14 veterinary care. 3 15 3. Within sixty days after the effective date of this Act, 3 16 the person must have an electronic identification device 3 17 implanted beneath the skin or hide of the dangerous animal, 3 18 unless a licensed veterinarian states in writing that the 3 19 implantation would endanger the comfort or health of the 3 20 dangerous animal. In such case, an electronic identification 3 21 device may be otherwise attached to the dangerous animal. 3 22 4. Within sixty days after the effective date of this Act, 3 23 the person must notify the department using a registration 3 24 form prepared by the department. The registration form shall 3 25 include all of the following information: 3 26 a. The person's name, address, and telephone number. 3 27 b. A complete inventory of each dangerous animal that the 3 28 person possesses. The inventory shall include all of the 3 29 following information: 3 30 (1) The number of dangerous animals in the person's 3 31 possession according to species. 3 32 (2) The manufacturer and manufacturer's number of the 3 33 electronic device implanted in or attached to each animal. 3 34 (3) The location where each dangerous animal is kept. A 3 35 person who possesses a dangerous animal must notify the 4 1 department in writing within ten days of a change in address 4 2 or location where the dangerous animal is kept. 4 3 (4) The approximate age, sex, color, weight, scars, and 4 4 any distinguishing marks of each dangerous animal. 4 5 The department may charge a registration fee which shall 4 6 not exceed five hundred dollars. 4 7 5. The person must maintain health and ownership records 4 8 for each dangerous animal in the person's possession for the 4 9 life of the animal. 4 10 6. The person shall confine the dangerous animal in a 4 11 primary enclosure as defined in section 162.2 on the person's 4 12 premises. The person shall not allow the dangerous animal 4 13 outside of the person's premises where the dangerous animal is 4 14 kept unless the dangerous animal is moved pursuant to any of 4 15 the following: 4 16 a. A permit issued by the department. 4 17 b. To receive veterinary care from a licensed 4 18 veterinarian. 4 19 c. To comply with the directions of the department or an 4 20 animal warden. 4 21 7. The person shall display at least one sign on the 4 22 person's premises where the dangerous animal is kept warning 4 23 the public that the animal is confined there. The sign shall 4 24 include a symbol warning children of the presence of the 4 25 dangerous animal. 4 26 8. The person must immediately notify an animal warden or 4 27 other local law enforcement official of any escape of a 4 28 dangerous animal. 4 29 9. The person who possesses the dangerous animal is 4 30 strictly liable for any damages or injury incurred by a person 4 31 resulting from the dangerous animal. 4 32 10. If the person is no longer able to care for the 4 33 animal, the person shall notify the department and find long= 4 34 term placement for the dangerous animal with a wildlife 4 35 sanctuary or institution accredited by the American zoo and 5 1 aquarium association. 5 2 Sec. 5. NEW SECTION. 717E.5 SEIZURE, CUSTODY, AND 5 3 DISPOSAL OF DANGEROUS ANIMALS. 5 4 1. a. Except as provided in paragraph "b", the department 5 5 shall seize a dangerous animal which is in the possession of a 5 6 person if the person is not in compliance with the 5 7 requirements of this chapter. 5 8 b. Upon request, the department may provide that the 5 9 person retain possession of the dangerous animal for not more 5 10 than ten days, upon conditions required by the department. 5 11 During that period, the person shall take all necessary 5 12 actions to comply with this chapter. The department shall 5 13 inspect the premises where the dangerous animal is kept during 5 14 reasonable times to ensure that the person is complying with 5 15 the conditions. 5 16 2. If the person fails to comply with the conditions of 5 17 the department at any time or is not in compliance with this 5 18 chapter following the ten=day period, the department shall 5 19 seize the dangerous animal. 5 20 a. The dangerous animal shall be considered to be a 5 21 threatened animal which has been rescued as provided in 5 22 chapter 717B. The court may authorize the return of the 5 23 dangerous animal to the person from whom the animal was seized 5 24 if the court finds all of the following: 5 25 (1) The person is capable of providing the care required 5 26 for the dangerous animal. 5 27 (2) There is a substantial likelihood that the person will 5 28 provide the care required for the dangerous animal. 5 29 (3) The dangerous animal has not been abused, neglected, 5 30 or tortured, as provided in chapter 717B. 5 31 b. If the court orders a permanent disposition of the 5 32 dangerous animal, the dangerous animal shall be subject to 5 33 disposition as provided in section 717B.4 and the responsible 5 34 party shall be assessed costs associated with its seizure, 5 35 custody, and disposition as provided in that section. The 6 1 department may find long=term placement for the dangerous 6 2 animal with a wildlife sanctuary or institution accredited by 6 3 the American zoo and aquarium association. 6 4 Sec. 6. NEW SECTION. 717E.6 EXEMPTIONS. 6 5 This chapter does not apply to any of the following: 6 6 1. An institution accredited by the American zoo and 6 7 aquarium association. 6 8 2. A wildlife sanctuary. 6 9 3. A circus that obtains a permit from the municipality in 6 10 which it will be temporarily operating. 6 11 4. The state fair as provided in chapter 173 or a county 6 12 or district fair as provided in chapter 174. 6 13 5. A location where an animal is maintained for 6 14 educational or scientific purposes, including an institution 6 15 as defined in section 145B.1, a research facility as defined 6 16 in section 162.2, an exhibition, or a vehicle used to 6 17 transport the animal. 6 18 6. A location operated by a person licensed to practice 6 19 veterinary medicine pursuant to chapter 169. 6 20 7. A pound as defined in section 162.2. 6 21 8. An animal shelter as defined in section 162.2. 6 22 Sec. 7. NEW SECTION. 717E.7 PENALTY. 6 23 A person who violates this chapter is guilty of a serious 6 24 misdemeanor. 6 25 EXPLANATION 6 26 This bill creates a new Code chapter 717E, which regulates 6 27 the possession of dangerous animals which are defined to 6 28 include lions, tigers, cougars, leopards, cheetahs, ocelots, 6 29 servals, bears, pandas, and primates other than humans. 6 30 The department of natural resources is charged to 6 31 administer the bill's provisions, although the department may 6 32 execute 28E agreements with other government entities. The 6 33 bill makes it a criminal offense to possess a dangerous 6 34 animal, with certain exceptions, to allow a dangerous animal 6 35 in the person's possession to breed, or to transport a 7 1 dangerous animal into this state. 7 2 The bill specifically allows a person to possess a 7 3 dangerous animal if the person has possession of the dangerous 7 4 animal on the effective date of the bill, but subject to 7 5 certain conditions. The person must maintain the animal in 7 6 compliance with the terms of a federal permit or license, and 7 7 must otherwise comply with applicable federal law. The person 7 8 must attach or install an electronic identification device to 7 9 the dangerous animal or beneath its skin or hide. The person 7 10 must also register with the department, and maintain health 7 11 and ownership records. The bill also provides that the person 7 12 must confine or move the animal according to a number of 7 13 specifications designed to secure it from the public. The 7 14 person is strictly liable for damages or injuries resulting 7 15 from the actions of the dangerous animal. 7 16 The bill provides for the seizure, custody, and disposal of 7 17 dangerous animals which are kept in violation of the bill's 7 18 provisions. The department may allow the person in possession 7 19 of the dangerous animal to correct the violation and keep the 7 20 animal for 10 days but subject to conditions established by 7 21 the department. If the person fails to comply with those 7 22 conditions at any time or is not in compliance with the bill's 7 23 provisions following the 10=day period, the department is 7 24 required to seize the dangerous animal. The dangerous animal 7 25 is considered a threatened animal in the same manner as 7 26 provided in Code chapter 717B, which authorizes the rescue of 7 27 animals other than livestock. It provides for notifying the 7 28 owner of the animal of the seizure, provides for a court 7 29 hearing to determine disposition, and requires that persons 7 30 responsible for the animal pay costs associated with its 7 31 custody and disposition. The bill provides that a court may 7 32 order the return of the dangerous animal if it determines that 7 33 the person is capable of providing for its care, that there is 7 34 a substantial likelihood that the person will provide such 7 35 care, and that the dangerous animal has not been abused, 8 1 neglected, or tortured, as provided in Code chapter 717B. 8 2 The bill exempts a number of persons and locations from the 8 3 requirements of the bill, including an accredited zoo, 8 4 wildlife sanctuary, circus, fair, research facility, licensed 8 5 veterinarian, pound, or animal shelter. 8 6 A person who violates the bill's provisions is guilty of a 8 7 serious misdemeanor. A serious misdemeanor is punishable by 8 8 confinement for no more than one year and a fine of at least 8 9 $250 but not more than $1,500. 8 10 LSB 6181XS 80 8 11 da/pj/5.1