Senate File 2350 - Introduced
SENATE FILE
BY COMMITTEE ON AGRICULTURE
(SUCCESSOR TO SF 2243)
Passed Senate, Date Passed House, 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:
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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 MAINTAINING FERAL SWINE ==
6 25 RESTITUTION.
6 26 A person having custody or control of a feral swine and
6 27 convicted of violating section 171.5 is liable to the
6 28 department of natural resources for restitution.
6 29 1. The amount of the restitution shall be paid to the
6 30 department. The department shall adopt rules providing for
6 31 the administrative assessment of restitution amounts, which
6 32 shall include methods used to determine the extent of monetary
6 33 values for the loss of wildlife based on species. The amount
6 34 for restitution shall be collected in the same manner as a
6 35 civil penalty imposed upon a person who violates chapter 455B.
7 1 Moneys collected from payments for restitution shall be
7 2 deposited into the state fish and game protection fund.
7 3 2. Moneys paid to the department of natural resources for
7 4 restitution shall be used by the department exclusively to do
7 5 any of the following:
7 6 a. Restore or improve the natural habitat degraded by the
7 7 feral swine, including the repopulation of native wildlife.
7 8 b. Reimburse a local authority for expenses incurred by
7 9 the local authority in restoring or improving the natural
7 10 habitat which was degraded by the feral swine, including the
7 11 repopulation of native wildlife.
7 12 Sec. 13. NEW SECTION. 171.11 TAKING OF FERAL SWINE BY
7 13 THE DEPARTMENT OR A LOCAL AUTHORITY.
7 14 An authorized department or local authority may take feral
7 15 swine on public land and on land other than public land if one
7 16 of the following applies:
7 17 1. The landowner provides consent.
7 18 2. The landowner may maintain custody or control of the
7 19 feral swine on the landowner's land. The department or local
7 20 authority may enter onto the land pursuant to a warrant issued
7 21 by a court, or otherwise enter onto the land in a manner
7 22 consistent with the laws of this state and the United States,
7 23 including Article I, section 8, of the Constitution of the
7 24 State of Iowa, or the fourth amendment to the Constitution of
7 25 the United States.
7 26 Sec. 14. NEW SECTION. 171.12 TAKING OF FERAL SWINE BY A
7 27 PERSON OTHER THAN THE DEPARTMENT OR A LOCAL AUTHORITY ==
7 28 CRIMINAL PENALTY.
7 29 A person other than an authorized department or a local
7 30 authority may take feral swine which is not in the custody or
7 31 control of a person as provided in this section.
7 32 1. a. The person may take feral swine at any time
7 33 regardless of whether the person has been issued a license
7 34 under chapter 483A, unless a person's hunting license has been
7 35 suspended or revoked as provided in chapter 481A, including
8 1 but not limited to section 481A.134, or chapter 483A,
8 2 including but not limited to section 483A.21.
8 3 b. The person shall not capture the feral swine.
8 4 c. The person shall not take feral swine on public land
8 5 unless in compliance with regulations adopted by rule of the
8 6 department of natural resources or an ordinance of the local
8 7 authority that is responsible for the public land.
8 8 2. A person who violates this section is guilty of a
8 9 simple misdemeanor. A person is guilty of a separate offense
8 10 for each feral swine which is the subject of violation.
8 11 Sec. 15. Section 484B.13, Code 2005, is amended to read as
8 12 follows:
8 13 484B.13 LICENSE REFUSAL DISCIPLINARY ACTION.
8 14 1. The department may either refuse to issue, refuse to
8 15 renew, or suspend or revoke a person's hunting preserve
8 16 operator's license issued pursuant to section 484B.4 if the
8 17 department finds that the licensed area or the operator or
8 18 employees of the licensed area are not in compliance with this
8 19 chapter, or that the property or area is operated in violation
8 20 of this chapter or administrative rules adopted under this
8 21 chapter.
8 22 2. The department shall revoke a person's hunting preserve
8 23 operator's license issued pursuant to section 484B.4, or
8 24 disapprove a person's application for a hunting preserve
8 25 operator's license issued under that section for a period of
8 26 three years if the person violates a provision of section
8 27 171.5.
8 28 Sec. 16. Section 484C.13, Code Supplement 2005, is amended
8 29 by adding the following new subsection:
8 30 NEW SUBSECTION. 4. The department shall revoke a fence
8 31 certification issued pursuant to section 484C.6 or disapprove
8 32 a person's application for the certification of a fence issued
8 33 pursuant to that section for a period of three years if the
8 34 person violates a provision of section 171.5.
8 35 EXPLANATION
9 1 This bill regulates feral swine, classified as part of the
9 2 species sus scrofa linnaeus, and commonly referred to as a
9 3 Russian boar or European boar. The bill establishes a new
9 4 chapter under the jurisdiction of the department of
9 5 agriculture and land stewardship and the department of natural
9 6 resources.
9 7 DEPARTMENTAL AUTHORITY. The bill provides that feral swine
9 8 in this state are declared to be a public nuisance and subject
9 9 to a policy of eradication as administered by the department
9 10 of agriculture and land stewardship. The bill provides that
9 11 the department of natural resources must cooperate with the
9 12 department of agriculture and land stewardship in carrying out
9 13 the policy. The department of agriculture and land
9 14 stewardship may cooperate with the animal and plant health
9 15 inspection service of the United States department of
9 16 agriculture.
9 17 SWINE OF UNKNOWN STATUS. The bill addresses the issue of
9 18 finding swine of unknown status on public land, unenclosed
9 19 land, or on land without the consent of the landowner. The
9 20 bill provides for a waiting period if the swine is reasonably
9 21 identifiable as a domestic swine or notice is provided that a
9 22 domestic swine is no longer in the control or custody of the
9 23 person providing notice.
9 24 REPORTING SYSTEM. The bill establishes a feral swine
9 25 reporting system (system). The system includes methods for
9 26 persons to report findings of feral swine to the department of
9 27 agriculture and land stewardship or the department of natural
9 28 resources for purposes of investigation. It requires that a
9 29 person who takes or injures a feral swine must report the
9 30 information to a department. A person not reporting the
9 31 taking or injuring of a feral swine is subject to a civil
9 32 penalty of not more than $100.
9 33 PROHIBITION AND PENALTY. The bill prohibits a person from
9 34 moving a feral swine into this state, acquiring custody or
9 35 control of a feral swine in this state, or maintaining custody
10 1 or control of a feral swine in this state on and after August
10 2 1, 2006. A person who violates these provisions is guilty of
10 3 an aggravated misdemeanor. An aggravated misdemeanor is
10 4 punishable by confinement for no more than two years and a
10 5 fine of at least $500 but not more than $5,000. A court may
10 6 prevent and restrain a violation of the provisions.
10 7 INDEMNIFICATION. The bill provides that a person having
10 8 custody or control of a feral swine and convicted of violating
10 9 provisions regulating how it must be maintained must indemnify
10 10 the state or local authority for investigative expenses
10 11 incurred by the state or local authority. It provides that if
10 12 the attorney general or a county attorney is the prevailing
10 13 party in an enforcement action, the state or county must be
10 14 awarded court costs and reasonable attorney fees.
10 15 STRICT LIABILITY. The bill provides that a person having
10 16 custody or control of a feral swine and convicted of violating
10 17 provisions regulating how it must be maintained is strictly
10 18 liable for damages caused to the property of another person.
10 19 RESTITUTION. The bill provides that a person having
10 20 custody or control of a feral swine and convicted of violating
10 21 provisions regulating how it must be maintained is liable to
10 22 the department of natural resources for restitution. The
10 23 amount of the restitution is to be paid to the state or a
10 24 local authority for measures required to restore a natural
10 25 habitat which was degraded by the feral swine including the
10 26 repopulation of wildlife.
10 27 TAKING FERAL SWINE. The bill provides that the department
10 28 of agriculture and land stewardship, the department of natural
10 29 resources or a local authority may take feral swine on public
10 30 land; or on land other than public land, if the landowner
10 31 provides consent, or the landowner may maintain custody or
10 32 control of feral swine. The bill authorizes the department of
10 33 agriculture and land stewardship, department of natural
10 34 resources, or local authority to enter onto the land to take
10 35 the feral swine.
11 1 The bill provides that a person other than the state or
11 2 local authority may take feral swine which is not in the
11 3 custody and control of a person. The person may take feral
11 4 swine regardless of whether the person has been issued a
11 5 hunting license, but prohibits a person from taking the feral
11 6 swine if the person's hunting license has been suspended or
11 7 revoked. The bill provides that a person may not capture a
11 8 feral swine. A person who violates this provision is guilty
11 9 of a simple misdemeanor. A simple misdemeanor is punishable
11 10 by confinement for no more than 30 days or a fine of at least
11 11 $50 but not more than $500 or by both.
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