Senate File 312 - Introduced SENATE FILE BY SENG Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for state and local planning for the rescue of 2 support animals in times of public disorder or disaster. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1560SS 82 5 da/je/5 PAG LIN 1 1 Section 1. NEW SECTION. 29D.1 DEFINITIONS. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Disaster" means the same as defined in section 29C.2. 1 5 2. "Division" means the homeland security and emergency 1 6 management division created within the department of public 1 7 defense as provided in section 29C.5. 1 8 3. "Local emergency management agency" means the same as 1 9 defined in section 29C.2. 1 10 4. "Local support animal rescue plan" or "local plan" 1 11 means the plan required to be formulated by the division as 1 12 provided in section 29D.4. 1 13 5. "Public disorder" means the same as defined in section 1 14 29C.2. 1 15 6. "State agency" means the same as defined in section 1 16 8A.101. 1 17 7. "State support animal rescue plan" or "state plan" 1 18 means the plan required to be formulated by the division as 1 19 provided in section 29D.3. 1 20 8. "Support animal" means any of the following: 1 21 a. An assistive animal as defined in section 216C.11. 1 22 b. A pet as defined in section 717E.1. 1 23 c. A service dog as defined in section 216C.11. 1 24 d. A police service dog which is used by law enforcement 1 25 authorities in keeping order, providing for search and rescue, 1 26 or the prevention and detection of crime. 1 27 Sec. 2. NEW SECTION. 29D.2 PLANNING COOPERATION AND 1 28 CONSULTATION. 1 29 The division and local emergency planning agencies shall 1 30 cooperate to carry out their duties as provided in this 1 31 chapter. The division and local emergency planning agencies 1 32 shall consult with experts in the fields of animal sheltering, 1 33 veterinary medicine, public health and safety, and other 1 34 professional and technical personnel deemed appropriate. 1 35 Sec. 3. NEW SECTION. 29D.3 HOMELAND SECURITY AND 2 1 EMERGENCY MANAGEMENT DIVISION == STATE SUPPORT ANIMAL RESCUE 2 2 PLAN. 2 3 The division shall formulate a state support animal rescue 2 4 plan which includes emergency operation plans for the humane 2 5 evacuation, transport, and temporary sheltering of support 2 6 animals in times of public disorder or disaster. The state 2 7 plan shall do all of the following: 2 8 1. Require that persons with disabilities who utilize 2 9 assistive animals or service dogs are evacuated, transported, 2 10 and sheltered with those assistive animals or service dogs. 2 11 2. Identify or establish a sufficient number of support 2 12 animal evacuation shelters that are in close proximity to a 2 13 human sheltering facility designed and equipped to accept and 2 14 temporarily house pets or police service dogs. The division 2 15 shall develop guidelines for support animal evacuation 2 16 shelters which may include standards or criteria for admission 2 17 to such shelters, health and safety standards, protocols, and 2 18 procedures for ensuring adequate sheltering, management, and 2 19 veterinary staffing for support animal evacuation shelters. 2 20 3. Enable, wherever possible, joint pet=owner evacuation 2 21 for disabled, elderly, and persons having special needs, and 2 22 all other persons whenever such evacuations can be 2 23 accomplished without endangering human life. 2 24 4. Establish an identification system to ensure that pet 2 25 owners who are separated from their pets during an evacuation 2 26 are provided with all information necessary to locate and 2 27 reclaim their pets. In establishing the identification 2 28 system, the division shall provide for a tracking number 2 29 system. 2 30 5. Provide for the safe and secure confinement of pets in 2 31 cages or carriers that are specifically designed for the 2 32 containment and transport of pets, including by public 2 33 transportation during an impending disaster or public 2 34 disorder, when doing so does not endanger human life. If pets 2 35 are not allowed to use public transportation, the division 3 1 shall provide for separate transportation for a pet to a 3 2 support animal evacuation shelter in closest proximity to the 3 3 human sheltering facility in which the pet's owner or 3 4 custodian is temporarily housed when that location is known. 3 5 If the location of the owner or custodian is not known, the 3 6 division shall provide transportation to the nearest support 3 7 animal evacuation shelter. 3 8 6. Direct animal shelters, humane societies, veterinary 3 9 offices, boarding kennels, breeders, grooming facilities, 3 10 animal hospitals, schools, animal testing facilities, and any 3 11 other businesses or not=for=profit agencies that normally 3 12 house support animals to create evacuation plans for support 3 13 animals consistent with the provisions of this section. The 3 14 plans shall be made available to the public upon request and 3 15 shall be filed annually with the division and with the 3 16 appropriate local emergency management agency. 3 17 7. Provide for a public information program to provide 3 18 guidance to owners and custodians of support animals to 3 19 formulate evacuation plans for their support animals, inform 3 20 owners or custodians of resources available to assist them 3 21 during an evacuation, and apprise such owners or custodians of 3 22 the location and other relevant guidelines for support animal 3 23 evacuation shelters in their area. 3 24 Sec. 4. NEW SECTION. 29D.4 LOCAL EMERGENCY MANAGEMENT 3 25 AGENCY == LOCAL SUPPORT ANIMAL RESCUE PLAN. 3 26 A local emergency management agency shall formulate a local 3 27 support animal rescue plan which includes emergency operation 3 28 plans for the humane evacuation, transport, and temporary 3 29 sheltering of support animals in times of public disorder or 3 30 disaster in a manner that complements the state support animal 3 31 rescue plan, as required by the division. 3 32 Sec. 5. NEW SECTION. 29D.5 ASSIGNMENT OR DELEGATION. 3 33 1. The division may act directly or through an authorized 3 34 assignment to another state agency in order to carry out its 3 35 duties as provided in this chapter. 4 1 2. A local emergency management agency may delegate its 4 2 powers and duties provided in this chapter to another person 4 3 who shall act as a local authority responsible for carrying 4 4 out this chapter in the local area. The person delegated 4 5 authority under this section must have expertise in the areas 4 6 of animal control, animal sheltering, or animal care. The 4 7 local emergency management agency shall notify the division of 4 8 the delegation as required by the division. 4 9 Sec. 6. NEW SECTION. 29D.6 LIMITATION OF LIABILITY. 4 10 A person holding a legal interest in real estate including 4 11 fixtures, and who voluntarily and without compensation allows 4 12 the division or a local emergency management agency to use the 4 13 real estate for purposes of sheltering support animals during 4 14 an actual, impending, or practice public disorder or disaster, 4 15 shall not be liable for the death of, or injury to, any person 4 16 or support animal which occurs on the real estate unless the 4 17 death or injury is the proximate cause of an intentional act 4 18 or gross negligence of the person holding a legal interest in 4 19 the real estate. 4 20 Sec. 7. IMPLEMENTATION OF ACT. Section 25B.2, subsection 4 21 3, shall not apply to this Act. 4 22 EXPLANATION 4 23 This bill relates to support animals which are animals 4 24 other than livestock (assistive animals, pets, service dogs, 4 25 police service dogs). The bill requires that the homeland 4 26 security and emergency management division within the 4 27 department of public defense and local emergency management 4 28 agencies cooperate in order to formulate state and local plans 4 29 for the humane evacuation, transport, and temporary sheltering 4 30 of support animals in times of public disorder or disaster. 4 31 The plan must provide for the rescue of support animals with 4 32 their owners or custodians when possible, sheltering support 4 33 animals, and reuniting support animals with their owners or 4 34 custodians. The plans must provide for the safe and secure 4 35 confinement of pets in cages or carriers that are specifically 5 1 designed for the containment and transport of pets, including 5 2 by public transportation during an impending disaster or 5 3 public disorder, when doing so does not endanger human life. 5 4 The planning must provide for the involvement of businesses 5 5 involved in keeping and caring for animals. The bill also 5 6 provides for the dissemination of information to the public 5 7 regarding available resources. 5 8 The bill provides that the division may act directly or 5 9 through an authorized assignment to another state agency. The 5 10 bill provides that a local emergency management agency may 5 11 delegate its powers and duties provided in this Code chapter 5 12 to another person who shall act as a local authority 5 13 responsible for carrying out its functions in the local area. 5 14 The bill also provides that a person who holds an interest 5 15 in real estate who voluntarily and without compensation allows 5 16 the division or local agency to use the real estate for 5 17 purposes of sheltering support animals during an actual, 5 18 impending, or practice public disorder or disaster is not 5 19 liable for accidents which occur on the real estate so long as 5 20 the accident was not the result of an intentional act or of 5 21 gross negligence. 5 22 The bill may include a state mandate as defined in Code 5 23 section 25B.3. The bill makes inapplicable Code section 5 24 25B.2, subsection 3, which would relieve a political 5 25 subdivision from complying with a state mandate if funding for 5 26 the cost of the state mandate is not provided or specified. 5 27 Therefore, political subdivisions are required to comply with 5 28 any state mandate included in the bill. 5 29 LSB 1560SS 82 5 30 da:rj/je/5.1