House File 2634 - Introduced
HOUSE FILE
BY COMMITTEE ON AGRICULTURE
(SUCCESSOR TO HF 2451)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to swine, by regulating feral swine, and
2 providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5567HV 81
5 da/je/5
PAG LIN
1 1 Section 1. FINDINGS AND DECLARATION.
1 2 1. The general assembly finds all of the following:
1 3 a. Feral swine are known carriers of a variety of diseases
1 4 including but not limited to pseudorabies, swine brucellosis,
1 5 leptospirosis, and trichinosis impacting upon this state's
1 6 domestic livestock herds and especially its domestic swine
1 7 herds.
1 8 b. Feral swine carry diseases which may be transmitted to
1 9 human populations.
1 10 c. Feral swine disrupt native wildlife and destroy native
1 11 habitat.
1 12 2. a. The general assembly declares that the increased
1 13 movement of feral swine into this state presents an immediate
1 14 and serious risk to the state's economy, public health, and
1 15 ecosystems.
1 16 b. The general assembly further declares that the state
1 17 establishes a policy to eradicate all feral swine from this
1 18 state with all possible speed.
1 19 Sec. 2. Section 170.6, Code 2005, is amended by adding the
1 20 following new subsection:
1 21 NEW SUBSECTION. 3. The department shall revoke a fence
1 22 certification issued pursuant to section 170.4 or disapprove a
1 23 person's application for the certification of a fence pursuant
1 24 to that section for a period of three years if the person
1 25 violates a provision of section 171.5.
1 26 Sec. 3. NEW SECTION. 171.1 DEFINITIONS.
1 27 As used in this chapter, unless the context otherwise
1 28 requires:
1 29 1. "Authorized department" means the department of
1 30 agriculture and land stewardship or the department of natural
1 31 resources.
1 32 2. "Department" means the department of agriculture and
1 33 land stewardship.
1 34 3. "Domestic swine" means swine other than feral swine.
1 35 4. "Feral swine" means swine which is classified as part
2 1 of the species sus scrofa linnaeus and commonly referred to as
2 2 a Russian boar or European boar.
2 3 5. "Landholder" means a titleholder or leaseholder of
2 4 land.
2 5 6. "Local authority" means a county as provided in chapter
2 6 331 or a city as defined in section 362.2.
2 7 7. "Move" or "movement" means to ship, transport, or
2 8 deliver swine by land, water, or air.
2 9 8. "Public land" means land owned by the federal
2 10 government, the state, or a local authority.
2 11 9. "Responsible party" means a person who owns or has
2 12 custody of a swine, including by providing for the care and
2 13 feeding of the swine.
2 14 10. "Swine" means an animal belonging to the order
2 15 artiodactyla, and classified as part of the family suidae.
2 16 11. "Swine of unknown status" means swine which is not
2 17 known to be a domestic swine or feral swine.
2 18 12. "System" means the feral swine reporting system
2 19 established pursuant to section 171.4.
2 20 13. "Take" means to kill, injure, or capture a feral swine
2 21 by a person other than the owner of the feral swine.
2 22 Sec. 4. NEW SECTION. 171.2 STATE FERAL SWINE ERADICATION
2 23 POLICY == AGENCY COOPERATION.
2 24 1. Feral swine in this state are declared to be a public
2 25 nuisance and subject to a policy of eradication as
2 26 administered by the department of agriculture and land
2 27 stewardship pursuant to this chapter.
2 28 a. The department of agriculture and land stewardship
2 29 shall be the principal enforcement agency charged with
2 30 carrying out the policy.
2 31 b. The department of natural resources shall cooperate
2 32 with the department of agriculture and land stewardship in
2 33 carrying out the policy. The authorized departments shall
2 34 periodically consult about how to most effectively contribute
2 35 resources and their respective expertise, and divide
3 1 jurisdictional responsibility, including investigative
3 2 personnel where appropriate. However, the department of
3 3 natural resources shall regulate hunting preserves under
3 4 chapter 484B or 484C, and the regulation of persons taking
3 5 animals under Title XI, subtitle 6.
3 6 2. The department shall cooperate with the animal and
3 7 plant health inspection service of the United States
3 8 department of agriculture, and may enter into cooperative
3 9 agreements with the animal and plant health inspection service
3 10 in order to carry out the provisions of this chapter.
3 11 Sec. 5. NEW SECTION. 171.3 SWINE OF UNKNOWN STATUS
3 12 DEEMED TO BE FERAL SWINE.
3 13 A person may deem a swine of unknown status as feral swine
3 14 if all of the following apply:
3 15 1. The person finds the swine on public land, or on land
3 16 other than public land and any of the following applies:
3 17 a. The swine is not enclosed to reasonably prevent escape
3 18 including within a structure or behind a barrier such as a
3 19 fence as provided in rules adopted by the department.
3 20 b. The swine is on the land without the consent of the
3 21 landholder regardless of whether the swine is enclosed to
3 22 reasonably prevent escape as required in this subsection.
3 23 2. The swine is not in the custody or control of a person.
3 24 However, the person may only deem the swine to be a feral
3 25 swine after a waiting period if one of the following applies:
3 26 a. The swine is reasonably identifiable as a domestic
3 27 swine by an ear tag, brand, mark, or other conspicuous
3 28 evidence of ownership. The waiting period shall be for five
3 29 days after the person first finds the swine.
3 30 b. The person is provided notice by the responsible party
3 31 that swine is no longer in the control or custody of the
3 32 responsible party. The waiting period shall be for fifteen
3 33 days after the person first finds the swine.
3 34 Sec. 6. NEW SECTION. 171.4 FERAL SWINE REPORTING SYSTEM.
3 35 1. a. The department of agriculture and land stewardship
4 1 shall establish a feral swine reporting system, in cooperation
4 2 with the department of natural resources. The system may
4 3 include receipt of reports by any of the following:
4 4 (1) Automated toll=free telephone number.
4 5 (2) Postcard.
4 6 (3) Electronic communication at an electronic licensing
4 7 location.
4 8 (4) Electronic communication to the department including
4 9 by the internet.
4 10 b. The department of natural resources shall maintain a
4 11 database of information collected by the system which shall be
4 12 made available to the department of agriculture and land
4 13 stewardship.
4 14 2. The system shall allow persons to conveniently report
4 15 the presence of a feral swine to an authorized department.
4 16 Either authorized department may conduct the investigation or
4 17 refer the report to the local authority responsible for the
4 18 prevention and detection of crime in the jurisdiction where
4 19 the swine is found.
4 20 3. a. The system shall provide for reports by persons who
4 21 have taken or injured feral swine in this state. A person who
4 22 has taken or injured feral swine in this state shall report to
4 23 an authorized department within ten days after taking the
4 24 swine. The report shall include at least all of the
4 25 following:
4 26 (1) The name and address of the person who has taken or
4 27 injured the feral swine.
4 28 (2) The county and township where the feral swine was
4 29 taken or injured.
4 30 (3) The date when the feral swine was taken or injured.
4 31 (4) The number of feral swine found by the person on the
4 32 date when the feral swine was taken or injured.
4 33 b. A person who takes a feral swine shall retain the feral
4 34 swine or its carcass for examination by the authorized
4 35 department. The authorized department may temporarily or
5 1 permanently confiscate the carcass for purposes of analysis
5 2 including disease testing.
5 3 c. A person who does not report taking a feral swine as
5 4 required in this subsection is subject to a civil penalty of
5 5 not more than one hundred dollars.
5 6 Sec. 7. NEW SECTION. 171.5 PROHIBITIONS AND PENALTY.
5 7 1. A person shall not do any of the following:
5 8 a. Move a feral swine into this state.
5 9 b. Acquire custody or control of a feral swine in this
5 10 state.
5 11 c. Maintain custody or control of a feral swine in this
5 12 state on and after August 1, 2006.
5 13 2. A person who violates subsection 1 is guilty of an
5 14 aggravated misdemeanor. A person is guilty of a separate
5 15 offense for each feral swine which is the subject of
5 16 violation.
5 17 Sec. 8. NEW SECTION. 171.6 MAINTAINING FERAL SWINE ==
5 18 INJUNCTIVE RELIEF.
5 19 A court may prevent and restrain a violation of section
5 20 171.5 through the issuance of an injunction. The attorney
5 21 general or a county attorney shall institute an action on
5 22 behalf of the state to prevent or restrain a violation of this
5 23 chapter.
5 24 Sec. 9. NEW SECTION. 171.7 MAINTAINING FERAL SWINE ==
5 25 STATE INVESTIGATORY AND LEGAL EXPENSES.
5 26 A person having custody or control of a feral swine and
5 27 convicted of violating section 171.5 is liable for all of the
5 28 following:
5 29 1. The amount to indemnify the state or a local authority
5 30 for investigative expenses incurred by the state or the local
5 31 authority. The amount paid for indemnification shall be
5 32 deposited in the general fund of the state. However, if the
5 33 investigation is not conducted by an authorized department or
5 34 other state agency, the amount shall be paid to the local
5 35 authority which conducts the investigation for deposit in the
6 1 general fund of the county or city, as the case requires.
6 2 2. If the attorney general or a county attorney is the
6 3 prevailing party in an action for a violation of section
6 4 171.5, the prevailing party shall be awarded court costs and
6 5 reasonable attorney fees, which shall be taxed as part of the
6 6 costs of the action. If the attorney general is the
6 7 prevailing party, the moneys shall be deposited in the general
6 8 fund of the state. If the county is the prevailing party, the
6 9 moneys shall be deposited in the general fund of the county.
6 10 Sec. 10. NEW SECTION. 171.8 MAINTAINING FERAL SWINE ==
6 11 STRICT LIABILITY == ATTORNEY FEES.
6 12 If a person having custody or control of a feral swine is
6 13 convicted of violating section 171.5, the person is strictly
6 14 liable for damages caused to the property of another person.
6 15 The person who is the prevailing plaintiff in the case shall
6 16 be awarded court costs and reasonable attorney fees, which
6 17 shall be taxed as part of the costs of the action.
6 18 Sec. 11. NEW SECTION. 171.9 ORDINARY LIABILITY.
6 19 Nothing in this chapter affects a responsible party's
6 20 liability which arises out of trespassing or stray swine or
6 21 swine running at large and any remedies available to an
6 22 injured party, as provided under statute, common law, or
6 23 contract.
6 24 Sec. 12. NEW SECTION. 171.10 TAKING OF FERAL SWINE BY
6 25 THE DEPARTMENT OR A LOCAL AUTHORITY.
6 26 An authorized department or local authority may take feral
6 27 swine on public land and on land other than public land if one
6 28 of the following applies:
6 29 1. The landowner provides consent.
6 30 2. The landowner may maintain custody or control of the
6 31 feral swine on the landowner's land. The department or local
6 32 authority may enter onto the land pursuant to a warrant issued
6 33 by a court, or otherwise enter onto the land in a manner
6 34 consistent with the laws of this state and the United States,
6 35 including Article I, section 8, of the Constitution of the
7 1 State of Iowa, or the fourth amendment to the Constitution of
7 2 the United States.
7 3 Sec. 13. NEW SECTION. 171.11 TAKING OF FERAL SWINE BY A
7 4 PERSON OTHER THAN THE DEPARTMENT OR A LOCAL AUTHORITY ==
7 5 CRIMINAL PENALTY.
7 6 A person other than an authorized department or a local
7 7 authority may take feral swine which is not in the custody or
7 8 control of a person as provided in this section.
7 9 1. a. The person may take feral swine at any time
7 10 regardless of whether the person has been issued a license
7 11 under chapter 483A, unless a person's hunting license has been
7 12 suspended or revoked as provided in chapter 481A, including
7 13 but not limited to section 481A.134, or chapter 483A,
7 14 including but not limited to section 483A.21.
7 15 b. The person shall not capture the feral swine.
7 16 c. The person shall not take feral swine on public land
7 17 unless in compliance with regulations adopted by rule of the
7 18 department of natural resources or an ordinance of the local
7 19 authority that is responsible for the public land.
7 20 2. A person who violates this section is guilty of a
7 21 simple misdemeanor. A person is guilty of a separate offense
7 22 for each feral swine which is the subject of violation.
7 23 Sec. 14. Section 484B.13, Code 2005, is amended to read as
7 24 follows:
7 25 484B.13 LICENSE REFUSAL DISCIPLINARY ACTION.
7 26 1. The department may either refuse to issue, refuse to
7 27 renew, or suspend or revoke a person's hunting preserve
7 28 operator's license issued pursuant to section 484B.4 if the
7 29 department finds that the licensed area or the operator or
7 30 employees of the licensed area are not in compliance with this
7 31 chapter, or that the property or area is operated in violation
7 32 of this chapter or administrative rules adopted under this
7 33 chapter.
7 34 2. The department shall revoke a person's hunting preserve
7 35 operator's license issued pursuant to section 484B.4, or
8 1 disapprove a person's application for a hunting preserve
8 2 operator's license issued under that section for a period of
8 3 three years if the person violates a provision of section
8 4 171.5.
8 5 Sec. 15. Section 484C.13, Code Supplement 2005, is amended
8 6 by adding the following new subsection:
8 7 NEW SUBSECTION. 4. The department shall revoke a fence
8 8 certification issued pursuant to section 484C.6 or disapprove
8 9 a person's application for the certification of a fence issued
8 10 pursuant to that section for a period of three years if the
8 11 person violates a provision of section 171.5.
8 12 EXPLANATION
8 13 This bill regulates feral swine, classified as part of the
8 14 species sus scrofa linnaeus, and commonly referred to as a
8 15 Russian boar or European boar. The bill establishes a new
8 16 chapter under the jurisdiction of the department of
8 17 agriculture and land stewardship and the department of natural
8 18 resources.
8 19 DEPARTMENTAL AUTHORITY. The bill provides that feral swine
8 20 in this state are declared to be a public nuisance and subject
8 21 to a policy of eradication as administered by the department
8 22 of agriculture and land stewardship. The bill provides that
8 23 the department of natural resources must cooperate with the
8 24 department of agriculture and land stewardship in carrying out
8 25 the policy. The department of agriculture and land
8 26 stewardship may cooperate with the animal and plant health
8 27 inspection service of the United States department of
8 28 agriculture.
8 29 SWINE OF UNKNOWN STATUS. The bill addresses the issue of
8 30 finding swine of unknown status on public land, unenclosed
8 31 land, or on land without the consent of the landowner. The
8 32 bill provides for a waiting period if the swine is reasonably
8 33 identifiable as a domestic swine or notice is provided that a
8 34 domestic swine is no longer in the control or custody of the
8 35 person providing notice.
9 1 REPORTING SYSTEM. The bill establishes a feral swine
9 2 reporting system (system). The system includes methods for
9 3 persons to report findings of feral swine to the department of
9 4 agriculture and land stewardship or the department of natural
9 5 resources for purposes of investigation. It requires that a
9 6 person who takes or injures a feral swine must report the
9 7 information to a department. A person not reporting the
9 8 taking or injuring of a feral swine is subject to a civil
9 9 penalty of not more than $100.
9 10 PROHIBITION AND PENALTY. The bill prohibits a person from
9 11 moving a feral swine into this state, acquiring custody or
9 12 control of a feral swine in this state, or maintaining custody
9 13 or control of a feral swine in this state on and after August
9 14 1, 2006. A person who violates these provisions is guilty of
9 15 an aggravated misdemeanor. An aggravated misdemeanor is
9 16 punishable by confinement for no more than two years and a
9 17 fine of at least $500 but not more than $5,000. A court may
9 18 prevent and restrain a violation of the provisions.
9 19 INDEMNIFICATION. The bill provides that a person having
9 20 custody or control of a feral swine and convicted of violating
9 21 provisions regulating how it must be maintained must indemnify
9 22 the state or local authority for investigative expenses
9 23 incurred by the state or local authority. It provides that if
9 24 the attorney general or a county attorney is the prevailing
9 25 party in an enforcement action, the state or county must be
9 26 awarded court costs and reasonable attorney fees.
9 27 STRICT LIABILITY. The bill provides that a person having
9 28 custody or control of a feral swine and convicted of violating
9 29 provisions regulating how it must be maintained is strictly
9 30 liable for damages caused to the property of another person.
9 31 TAKING FERAL SWINE. The bill provides that the department
9 32 of agriculture and land stewardship, the department of natural
9 33 resources or a local authority may take feral swine on public
9 34 land; or on land other than public land, if the landowner
9 35 provides consent, or the landowner may maintain custody or
10 1 control of feral swine. The bill authorizes the department of
10 2 agriculture and land stewardship, department of natural
10 3 resources, or local authority to enter onto the land to take
10 4 the feral swine.
10 5 The bill provides that a person other than the state or
10 6 local authority may take feral swine which is not in the
10 7 custody and control of a person. The person may take feral
10 8 swine regardless of whether the person has been issued a
10 9 hunting license, but prohibits a person from taking the feral
10 10 swine if the person's hunting license has been suspended or
10 11 revoked. The bill provides that a person may not capture a
10 12 feral swine. A person who violates this provision is guilty
10 13 of a simple misdemeanor. A simple misdemeanor is punishable
10 14 by confinement for no more than 30 days or a fine of at least
10 15 $50 but not more than $500 or by both.
10 16 LSB 5567HV 81
10 17 da:nh/je/5