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
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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. 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 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.
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