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