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