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