Senate File 253 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON NATURAL
                                           RESOURCES AND ENVIRONMENT

                                       (SUCCESSOR TO SSB 1112)


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

                                      A BILL FOR

  1 An Act regulating the administration of drugs to certain
  2    noncaptive vertebrate wildlife and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1408SV 82
  5 av/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  481A.40  USE OF DRUGS ON
  1  2 NONCAPTIVE VERTEBRATE WILDLIFE == PENALTY.
  1  3    1.  For the purposes of this section, "drug" means any
  1  4 chemical substance, other than food, that affects the
  1  5 structure or biological function of any noncaptive vertebrate
  1  6 wildlife species.
  1  7    2.  Except with written authorization from the director or
  1  8 the director's designee or as otherwise provided by law, a
  1  9 person shall not administer any drug to any noncaptive
  1 10 vertebrate wildlife, including but not limited to drugs used
  1 11 for fertility control, disease prevention or treatment,
  1 12 immobilization, or growth stimulation.
  1 13    3.  This section does not prohibit the treatment of sick or
  1 14 injured wildlife by a licensed veterinarian or holder of a
  1 15 wildlife rehabilitation permit.
  1 16    4.  This section shall not be construed to limit employees
  1 17 of agencies of the state, the United States, or local animal
  1 18 control officers, licensed animal shelters, or licensed pounds
  1 19 in the performance of their official duties related to public
  1 20 health, wildlife management, or wildlife removal.  However, a
  1 21 drug shall not be administered by any person for fertility
  1 22 control or growth stimulation except as provided in subsection
  1 23 2.
  1 24    5.  An officer of the department may take possession of or
  1 25 dispose of any noncaptive vertebrate wildlife that the officer
  1 26 reasonably believes has been administered drugs in violation
  1 27 of this section.
  1 28    6.  A person who violates this section is guilty of a
  1 29 serious misdemeanor.
  1 30                           EXPLANATION
  1 31    This bill relates to the administration of drugs to certain
  1 32 noncaptive vertebrate wildlife.  For the purposes of the bill,
  1 33 "drug" means any chemical substance, other than food, that
  1 34 affects the structure or biological function of any noncaptive
  1 35 vertebrate wildlife species.
  2  1    The bill prohibits the administration of drugs to any
  2  2 noncaptive vertebrate wildlife for any purpose, including but
  2  3 not limited to fertility control, disease prevention or
  2  4 treatment, immobilization, or growth stimulation, except with
  2  5 written authorization from the department of natural resources
  2  6 or as otherwise provided by law.
  2  7    The bill does not prohibit a licensed veterinarian or
  2  8 holder of a wildlife rehabilitation permit from treating sick
  2  9 or injured wildlife.  The bill also does not prohibit
  2 10 government employees, local animal control officers, licensed
  2 11 animal shelters, or licensed pounds from carrying out their
  2 12 official duties related to public health, wildlife management,
  2 13 or wildlife removal.
  2 14    The bill authorizes an officer of the department to take
  2 15 possession of and dispose of any noncaptive vertebrate
  2 16 wildlife that the officer reasonably believes has been
  2 17 administered drugs in violation of the bill.
  2 18    A person who violates the provisions of the bill is guilty
  2 19 of a serious misdemeanor.  A serious misdemeanor is punishable
  2 20 by confinement for no more than one year and a fine of at
  2 21 least $315 but not more than $1,875.
  2 22 LSB 1408SV 82
  2 23 av:rj/je/5