House File 2162 - Introduced
HOUSE FILE
BY HORBACH
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to swine by providing for their health and
2 movement, the taking of estray swine, the registration of game
3 swine, the imposition of fees, and providing for penalties and
4 an effective date.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 5757YH 82
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PAG LIN
1 1 Section 1. Section 163.2, Code 2007, is amended by adding
1 2 the following new subsections:
1 3 NEW SUBSECTION. 3A. "Estray" means not to be in the
1 4 custody or control of a person.
1 5 NEW SUBSECTION. 3B. "Game swine" means the same as
1 6 defined in section 171.1.
1 7 Sec. 2. Section 163.30, subsection 5, unnumbered paragraph
1 8 1, Code 2007, is amended to read as follows:
1 9 All swine moved shall be accompanied by a certificate of
1 10 veterinary inspection issued by the state of origin and
1 11 prepared and signed by a veterinarian. The certificate shall
1 12 show the point of origin, the point of destination, individual
1 13 identification, immunization status, and, when required, any
1 14 movement permit number assigned to the shipment by the
1 15 department. The certificate of veterinary inspection shall
1 16 state whether the swine are game swine, and shall provide any
1 17 registration information as required by section 171.4. All
1 18 such movement of swine shall be completed within seventy=two
1 19 hours unless an extension of time for movement is granted by
1 20 the department.
1 21 Sec. 3. NEW SECTION. 163.32 ESTRAY SWINE IN ANOTHER
1 22 STATE.
1 23 A person who captures swine which is estray in another
1 24 state shall not move that swine into this state.
1 25 Sec. 4. NEW SECTION. 163.61A PENALTY AND DISCIPLINARY
1 26 ACTION FOR MOVING ESTRAY SWINE INTO STATE.
1 27 1. A person who violates section 163.32 is guilty of an
1 28 aggravated misdemeanor. A person is guilty of a separate
1 29 offense for each swine which is the subject of the violation.
1 30 2. Upon a person's conviction for violating section
1 31 163.32, the sentencing court may, as part of the judgment,
1 32 revoke or suspend a license issued pursuant to chapter 481A or
1 33 483A for a definite period of time.
1 34 Sec. 5. NEW SECTION. 171.1 DEFINITIONS.
1 35 As used in this chapter, unless the context otherwise
2 1 requires:
2 2 1. "Custody or control" means to keep an animal in an
2 3 enclosed or confined location, in a manner that prevents the
2 4 release or escape of the animal from the location including
2 5 but not limited to keeping the animal for breeding, growing,
2 6 movement, or harvesting.
2 7 2. "Department" means the department of agriculture and
2 8 land stewardship.
2 9 3. "Game swine" means swine that are classified as part of
2 10 the species sus scrofa linnaeus which may be commonly known as
2 11 Russian boar or European boar of either sex.
2 12 4. "Swine" means an animal belonging to the order
2 13 artiodactyla, and classified as part of the family suidae.
2 14 Sec. 6. NEW SECTION. 171.2 RULES.
2 15 The department may adopt rules pursuant to chapter 17A as
2 16 necessary to administer this chapter.
2 17 Sec. 7. NEW SECTION. 171.3 IDENTIFICATION.
2 18 A person who has custody or control of game swine shall
2 19 identify the game swine as required by the department. Game
2 20 swine shall at least be identified with a numbered metal ear
2 21 tag affixed to the game swine or other method such as
2 22 installing an electronic device onto or beneath the hide of
2 23 the game swine as prescribed by the department. The game
2 24 swine must be identified within ten days following the
2 25 person's acquisition of the game swine, including acquisition
2 26 by transfer or birth.
2 27 Sec. 8. NEW SECTION. 171.4 GAME SWINE REGISTRATION
2 28 SYSTEM.
2 29 The department of agriculture and land stewardship shall
2 30 establish a game swine registration system, in cooperation
2 31 with the department of natural resources.
2 32 1. A person who has custody or control of a game swine
2 33 shall register the game swine within ten days following the
2 34 person's acquisition of the game swine, including acquisition
2 35 by transfer or birth.
3 1 2. The person required to register game swine as provided
3 2 in this section shall provide information required by the
3 3 department which shall at least include all of the following:
3 4 a. The number, age, and description of the game swine,
3 5 including its identification number as provided in section
3 6 171.3.
3 7 b. The location where the person maintains custody or
3 8 control of the game swine.
3 9 c. The purpose of the person in maintaining custody or
3 10 control of the game swine.
3 11 d. Whether the person has been issued a hunting preserve
3 12 operator's license as required in chapter 484B.
3 13 3. The department shall to every extent feasible provide
3 14 for registration using the internet, including programming,
3 15 necessary to ensure the convenience, completeness, and
3 16 accuracy of the registrations.
3 17 Sec. 9. NEW SECTION. 171.5 GAME SWINE REGISTRATION FEE.
3 18 A person required to register game swine as provided in
3 19 section 171.4 shall remit a registration fee to the
3 20 department. The amount of the registration fee shall not
3 21 exceed five dollars per head of swine. The moneys collected
3 22 by the department under this section shall be retained as
3 23 repayment receipts by the department exclusively to offset the
3 24 costs of providing for registrations pursuant to section
3 25 171.4.
3 26 Sec. 10. NEW SECTION. 171.6 HEALTH REQUIREMENTS.
3 27 Game swine shall be free of an infectious or contagious
3 28 disease as defined in section 163.2. The department shall
3 29 regulate game swine as any other swine for purposes of
3 30 preventing, suppressing, and eradicating an infectious or
3 31 contagious disease afflicting swine within the state.
3 32 Sec. 11. NEW SECTION. 171.7 PENALTY.
3 33 A person who violates section 171.3 or 171.4 is subject to
3 34 a civil penalty of not more than one hundred dollars. Penalty
3 35 moneys shall be deposited into the general fund of the state.
4 1 Sec. 12. Section 484B.1, Code 2007, is amended by adding
4 2 the following new subsection:
4 3 NEW SUBSECTION. 4A. "Game swine" means the same as
4 4 defined in section 171.1.
4 5 Sec. 13. NEW SECTION. 484B.12A HEALTH AND MOVEMENT
4 6 REQUIREMENTS == GAME SWINE.
4 7 1. All game swine which are purchased, propagated,
4 8 confined, released, or sold by a hunting preserve required to
4 9 be licensed under this chapter shall be free of diseases
4 10 considered significant for wildlife, poultry, or livestock.
4 11 The department of agriculture and land stewardship shall
4 12 provide for the regulation of game swine as any other swine
4 13 for purposes of preventing, suppressing, and eradicating an
4 14 infectious or contagious disease afflicting swine within the
4 15 state.
4 16 2. Game swine that are purchased, propagated, confined,
4 17 released, or sold by a hunting preserve shall only be moved in
4 18 accordance with rules adopted or orders issued by the
4 19 department of agriculture and land stewardship.
4 20 Sec. 14. Section 717F.1, subsection 1, Code Supplement
4 21 2007, is amended to read as follows:
4 22 1. "Agricultural animal" means an agricultural animal as
4 23 defined in section 717A.1 other than swine which is a member
4 24 of the species sus scrofa linnaeus, including but not limited
4 25 to swine commonly known as Russian boar or European boar of
4 26 either sex.
4 27 Sec. 15. Section 717F.1, subsection 5, paragraph a,
4 28 subparagraph (11), Code Supplement 2007, is amended by
4 29 striking the subparagraph.
4 30 Sec. 16. Section 717F.7, subsection 13, Code Supplement
4 31 2007, is amended to read as follows:
4 32 13. A location operated by a person licensed to practice
4 33 veterinary medicine pursuant to chapter 169. However, this
4 34 subsection shall not apply to a swine which is a member of the
4 35 species sus scrofa linnaeus, including but not limited to
5 1 swine commonly known as Russian boar or European boar of
5 2 either sex.
5 3 Sec. 17. Section 717F.8, subsection 2, paragraph l, Code
5 4 Supplement 2007, is amended by striking the paragraph.
5 5 Sec. 18. IDENTIFICATION AND REGISTRATION == COMPLIANCE
5 6 PERIOD. Notwithstanding sections 171.3 and 171.4, a person
5 7 required to identify game swine and register game swine shall
5 8 have until September 1, 2008, to comply with those sections.
5 9 Sec. 19. EFFECTIVE DATE. This Act, being deemed of
5 10 immediate importance, takes effect upon enactment.
5 11 EXPLANATION
5 12 GENERAL. This bill provides for the regulation of swine
5 13 including estray swine and game swine.
5 14 ESTRAY SWINE. The bill amends Code chapter 163 which in
5 15 part regulates the health of swine. The bill prohibits a
5 16 person who captures estray swine in another state from moving
5 17 the swine into this state. A person who violates the
5 18 provision is guilty of an aggravated misdemeanor. An
5 19 aggravated misdemeanor is punishable by confinement for not
5 20 more than two years and a fine of at least $625 but not more
5 21 than $6,250. Upon conviction, the sentencing court may also
5 22 revoke or suspend licenses associated with taking or managing
5 23 wildlife including fishing and hunting licenses.
5 24 GAME SWINE. The bill establishes a new Code chapter 171
5 25 which provides for the regulation of swine classified as game
5 26 swine (classified as part of the species sus scrofa linnaeus)
5 27 commonly referred to as a Russian boar or European boar. The
5 28 bill requires game swine to be identified (e.g., by an ear
5 29 tag) and establishes a game swine registration system
5 30 administered by the department of agriculture and land
5 31 stewardship. A person registering the game swine must remit a
5 32 registration fee to the department. The bill grants
5 33 jurisdiction to the department of agriculture and land
5 34 stewardship to regulate the movement and health of game swine,
5 35 including game swine which are part of a hunting preserve
6 1 otherwise regulated by the department of natural resources. A
6 2 person who violates the movement and health requirements is
6 3 subject to a civil penalty of not more than $100. Under
6 4 section 484B.14, a person who violates provisions regulating
6 5 hunting preserves is guilty of a simple misdemeanor. A simple
6 6 misdemeanor is punishable by confinement for no more than 30
6 7 days or a fine of at least $65 but not more than $625 or by
6 8 both.
6 9 WILD DANGEROUS ANIMALS. The bill amends provisions in Code
6 10 chapter 717F prohibiting a person from acquiring, and
6 11 restricting a person from owning or possessing, a dangerous
6 12 wild animal. The bill provides that a dangerous wild animal
6 13 no longer includes swine (e.g., Russian boars or European
6 14 boars).
6 15 EFFECTIVE DATE. The bill takes effect upon enactment.
6 16 LSB 5757YH 82
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