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 23 such movement 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