House File 929 - Introduced HOUSE FILE BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HSB 307) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the movement and health of swine by providing 2 for the taking of estray swine, the registration of game 3 swine, the imposition of fees, and by providing for penalties 4 and an effective date. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2900HV 82 7 da/es/88 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. 2A. "Custody or control" means to keep an 1 4 animal in an enclosed or confined location, in a manner that 1 5 prevents the release or escape of the animal from the location 1 6 including but not limited to keeping the animal for breeding, 1 7 growing, movement, or harvesting. 1 8 NEW SUBSECTION. 3A. "Estray" means not to be in the 1 9 custody or control of a person. 1 10 NEW SUBSECTION. 3B. "Game swine" means the same as 1 11 defined in section 171.1. 1 12 Sec. 2. Section 163.30, subsection 5, unnumbered paragraph 1 13 1, Code 2007, is amended to read as follows: 1 14 All swine moved shall be accompanied by a certificate of 1 15 veterinary inspection issued by the state of origin and 1 16 prepared and signed by a veterinarian. The certificate shall 1 17 show the point of origin, the point of destination, individual 1 18 identification, immunization status, and, when required, any 1 19 movement permit number assigned to the shipment by the 1 20 department. The certificate of veterinary inspection shall 1 21 state whether the swine are game swine, and shall provide any 1 22 registration information as required by section 171.4. All 1 23suchmovement of swine shall be completed within seventy=two 1 24 hours unless an extension of time for movement is granted by 1 25 the department. 1 26 Sec. 3. NEW SECTION. 163.32 ESTRAY SWINE. 1 27 A person who captures swine which is estray in another 1 28 state shall not move that swine into this state. 1 29 Sec. 4. NEW SECTION. 163.61A PENALTY AND DISCIPLINARY 1 30 ACTION FOR TAKING ESTRAY SWINE. 1 31 1. A person who violates section 163.32 is guilty of an 1 32 aggravated misdemeanor. A person is guilty of a separate 1 33 offense for each swine which is the subject of the violation. 1 34 2. Upon a person's conviction for violating section 1 35 163.32, the sentencing court may, as part of the judgment, 2 1 revoke or suspend a license issued pursuant to chapter 481A or 2 2 483A for a definite period of time. 2 3 Sec. 5. NEW SECTION. 171.1 DEFINITIONS. 2 4 As used in this chapter, unless the context otherwise 2 5 requires: 2 6 1. "Custody or control" means the same as defined in 2 7 section 163.2. 2 8 2. "Department" means the department of agriculture and 2 9 land stewardship. 2 10 3. "Game swine" means swine that are classified as part of 2 11 the species sus scrofa linnaeus which may be commonly known as 2 12 Russian boar or European boar of either sex. 2 13 4. "Swine" means an animal belonging to the order 2 14 artiodactyla, and classified as part of the family suidae. 2 15 Sec. 6. NEW SECTION. 171.2 RULES. 2 16 The department may adopt rules pursuant to chapter 17A as 2 17 necessary to administer this chapter. 2 18 Sec. 7. NEW SECTION. 171.3 IDENTIFICATION. 2 19 A person who has custody or control of game swine shall 2 20 identify the game swine as required by the department. Game 2 21 swine shall at least be identified with a numbered metal ear 2 22 tag affixed to the game swine or other method such as 2 23 installing an electronic device onto or beneath the hide of 2 24 the game swine as prescribed by the department. The game 2 25 swine must be identified within ten days following the 2 26 person's acquisition of the game swine, including acquisition 2 27 by transfer or birth. 2 28 Sec. 8. NEW SECTION. 171.4 GAME SWINE REGISTRATION 2 29 SYSTEM. 2 30 The department of agriculture and land stewardship shall 2 31 establish a game swine registration system, in cooperation 2 32 with the department of natural resources. 2 33 1. A person who has custody or control of a game swine 2 34 shall register the game swine within ten days following the 2 35 person's acquisition of the game swine, including acquisition 3 1 by transfer or birth. 3 2 2. The person required to register game swine as provided 3 3 in this section shall provide information required by the 3 4 department which shall at least include all of the following: 3 5 a. The number, age, and description of the game swine, 3 6 including its identification number as provided in section 3 7 171.3. 3 8 b. The location where the person maintains custody or 3 9 control of the game swine. 3 10 c. The purpose of the person in maintaining custody or 3 11 control of the game swine. 3 12 d. Whether the person has been issued a hunting preserve 3 13 operator's license as required in chapter 484B. 3 14 3. The department shall to every extent feasible provide 3 15 for registration using the internet, including programming, 3 16 necessary to ensure the convenience, completeness, and 3 17 accuracy of the registrations. 3 18 Sec. 9. NEW SECTION. 171.5 GAME SWINE REGISTRATION FEE. 3 19 A person required to register game swine as provided in 3 20 section 171.4 shall remit a registration fee to the 3 21 department. The amount of the registration fee shall not 3 22 exceed five dollars per head of swine. The moneys collected 3 23 by the department under this section shall be retained as 3 24 repayment receipts by the department exclusively to offset the 3 25 costs of providing for registrations pursuant to section 3 26 171.4. 3 27 Sec. 10. NEW SECTION. 171.6 HEALTH REQUIREMENTS. 3 28 Game swine shall be free of an infectious or contagious 3 29 disease as defined in section 163.2. The department shall 3 30 regulate game swine as any other swine for purposes of 3 31 preventing, suppressing, and eradicating an infectious or 3 32 contagious disease afflicting swine within the state. 3 33 Sec. 11. NEW SECTION. 171.7 PENALTY. 3 34 A person who violates section 171.3 or 171.4 is subject to 3 35 a civil penalty of not more than one hundred dollars. Penalty 4 1 moneys shall be deposited into the general fund of the state. 4 2 Sec. 12. Section 484B.1, Code 2007, is amended by adding 4 3 the following new subsection: 4 4 NEW SUBSECTION. 4A. "Game swine" means the same as 4 5 defined in section 171.1. 4 6 Sec. 13. NEW SECTION. 484B.12A HEALTH AND MOVEMENT 4 7 REQUIREMENTS == GAME SWINE. 4 8 1. All game swine which are purchased, propagated, 4 9 confined, released, or sold by a hunting preserve required to 4 10 be licensed under this chapter shall be free of diseases 4 11 considered significant for wildlife, poultry, or livestock. 4 12 The department of agriculture and land stewardship shall 4 13 provide for the regulation of game swine as any other swine 4 14 for purposes of preventing, suppressing, and eradicating an 4 15 infectious or contagious disease afflicting swine within the 4 16 state. 4 17 2. Game swine that are purchased, propagated, confined, or 4 18 sold by a hunting preserve shall only be moved in accordance 4 19 with rules adopted or orders issued by the department of 4 20 agriculture and land stewardship. 4 21 Sec. 14. IDENTIFICATION AND REGISTRATION == COMPLIANCE 4 22 PERIOD. Notwithstanding sections 171.3 and 171.4, a person 4 23 required to identify game swine and register game swine shall 4 24 have until September 1, 2007, to comply with those sections. 4 25 Sec. 15. EFFECTIVE DATE. This Act, being deemed of 4 26 immediate importance, takes effect upon enactment. 4 27 EXPLANATION 4 28 GENERAL. This bill provides for the regulation of swine 4 29 including estray swine and game swine. 4 30 ESTRAY SWINE. The bill amends Code chapter 163 which in 4 31 part regulates the health of swine. The bill prohibits a 4 32 person who captures estray swine in another state from moving 4 33 the swine into this state. A person who violates the 4 34 provision is guilty of an aggravated misdemeanor. An 4 35 aggravated misdemeanor is punishable by confinement for not 5 1 more than two years and a fine of at least $625 but not more 5 2 than $6,250. Upon conviction, the sentencing court may also 5 3 revoke or suspend licenses associated with taking or managing 5 4 wildlife including fishing and hunting licenses. 5 5 GAME SWINE. The bill establishes a new Code chapter 171 5 6 which provides for the regulation of swine classified as game 5 7 swine (classified as part of the species sus scrofa linnaeus) 5 8 commonly referred to as a Russian boar or European boar. The 5 9 bill requires game swine to be identified (e.g., by an ear 5 10 tag) and establishes a game swine registration system 5 11 administered by the department of agriculture and land 5 12 stewardship. A person registering the game swine must remit a 5 13 registration fee to the department. The bill grants 5 14 jurisdiction to the department of agriculture and land 5 15 stewardship to regulate the movement and health of game swine, 5 16 including game swine which are part of a hunting preserve 5 17 otherwise regulated by the department of natural resources. A 5 18 person who violates the movement and health requirements is 5 19 subject to a civil penalty of not more than $100. Under 5 20 section 484B.14, a person who violates provisions regulating 5 21 hunting preserves is guilty of a simple misdemeanor. A simple 5 22 misdemeanor is punishable by confinement for no more than 30 5 23 days or a fine of at least $65 but not more than $625 or by 5 24 both. 5 25 EFFECTIVE DATE. The bill takes effect upon enactment. 5 26 LSB 2900HV 82 5 27 da:rj/es/88