Senate File 14 



                                       SENATE FILE       
                                       BY  SCHOENJAHN


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to stray livestock, by providing for civil
  2    penalties imposed by ordinance adopted by local authorities,
  3    and providing an effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1290SS 82
  6 da/je/5

PAG LIN



  1  1    Section 1.  Section 169C.1, Code 2007, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  1A.  "Animal unit" means a unit of
  1  4 measurement for a single animal based upon a special
  1  5 equivalency factor for that animal's species type as provided
  1  6 in section 459.102.  An animal unit for ostriches, rheas,
  1  7 emus, or farm deer is the same as for immature dairy cattle.
  1  8    Sec. 2.  NEW SECTION.  169C.6  COUNTY ENFORCEMENT == CIVIL
  1  9 PENALTIES.
  1 10    1.  A local authority may adopt an ordinance providing that
  1 11 an owner of livestock commits a civil offense for each head of
  1 12 the owned livestock that trespasses upon a landowner's land or
  1 13 strays from the livestock owner's control onto a public road.
  1 14 A county ordinance shall be adopted and enforced as a county
  1 15 infraction as provided in section 331.307, and a city
  1 16 ordinance shall be adopted and enforced as a municipal
  1 17 infraction as provided in section 364.22.
  1 18    2.  a.  The amount of the civil penalty shall not be more
  1 19 than the product obtained by multiplying one hundred dollars
  1 20 by the livestock's animal unit.
  1 21    b.  Each day that an offense continues constitutes a
  1 22 separate violation.  However, a livestock owner shall not be
  1 23 subject to a civil penalty of more than seven hundred fifty
  1 24 dollars for a single violation or a continuing violation.
  1 25    3.  A livestock owner does not commit a civil offense, as
  1 26 provided in this section, if the livestock escapes from a
  1 27 lawful fence which is tight as provided in chapter 359A.  A
  1 28 fence which is determined lawful and tight by fence viewers
  1 29 under chapter 359A is conclusive for this purpose.
  1 30    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of
  1 31 immediate importance, takes effect upon enactment.
  1 32                           EXPLANATION
  1 33    This bill amends Code chapter 169C, enacted in 1997, which
  1 34 provides a cause of action to a landowner or a county or city,
  1 35 referred to as a local authority, when livestock is
  2  1 trespassing, or is taken into custody after straying from its
  2  2 owner's control.  The Code chapter provides that a landowner
  2  3 or local authority may take custody of livestock if the
  2  4 livestock trespasses upon the landowner's land or is on a
  2  5 public road which adjoins the landowner's land, and may bring
  2  6 a civil action against the livestock owner for damages caused
  2  7 by the livestock and costs associated with the trespass or
  2  8 custody.
  2  9    The bill provides that a local authority may adopt an
  2 10 ordinance providing that the livestock owner commits a civil
  2 11 offense for each head of the livestock that trespasses upon a
  2 12 landowner's land or strays from the livestock owner's control
  2 13 onto a public road.  The offense is classified either as a
  2 14 county infraction or a city infraction under current law.  The
  2 15 bill provides that the civil penalty cannot be more than
  2 16 calculated by a formula which multiplies $100 by a special
  2 17 factor for that species or type of livestock referred to as
  2 18 its "animal unit" under Code chapter 459.  For example, for
  2 19 slaughter or feeder cattle, the amount is $100 multiplied by
  2 20 an animal unit of 1.000 ($100), and for butcher or breeding
  2 21 swine the amount is multiplied by an animal unit of 0.400
  2 22 ($40).  The bill provides that each day that an offense
  2 23 continues is a separate violation.  However, a livestock owner
  2 24 cannot be subject to a civil penalty of more than the ceiling
  2 25 amount for county or municipal infraction ($750) for a single
  2 26 violation or a continuing violation.
  2 27    The bill provides that a livestock owner has not committed
  2 28 a civil offense if the livestock escapes from a lawful fence
  2 29 which is tight as provided under Iowa's fence law (Code
  2 30 chapter 359A).  A fence which is determined lawful and tight
  2 31 by fence viewers under Code chapter 359A is conclusive for
  2 32 purposes of determining whether such a defense prevails.
  2 33    The bill takes effect upon enactment.
  2 34 LSB 1290SS 82
  2 35 da:nh/je/5