Senate Study Bill 1112 SENATE/HOUSE FILE BY (PROPOSED DEPARTMENT OF NATURAL RESOURCES BILL) 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 1408DP 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 in the performance of their official duties 1 19 related to public health, wildlife management, or wildlife 1 20 removal. However, a drug shall not be administered by any 1 21 person for fertility control or growth stimulation except as 1 22 provided in subsection 2. 1 23 5. An officer of the department may take possession of or 1 24 dispose of any noncaptive vertebrate wildlife that the officer 1 25 reasonably believes has been administered drugs in violation 1 26 of this section. 1 27 6. A person who violates this section is guilty of a 1 28 serious misdemeanor. 1 29 EXPLANATION 1 30 This bill relates to the administration of drugs to certain 1 31 noncaptive vertebrate wildlife. For the purposes of the bill, 1 32 "drug" means any chemical substance, other than food, that 1 33 affects the structure or biological function of any noncaptive 1 34 vertebrate wildlife species. 1 35 The bill prohibits the administration of drugs to any 2 1 noncaptive vertebrate wildlife for any purpose, including but 2 2 not limited to fertility control, disease prevention or 2 3 treatment, immobilization, or growth stimulation, except with 2 4 written authorization from the department of natural resources 2 5 or as otherwise provided by law. 2 6 The bill does not prohibit a licensed veterinarian or 2 7 holder of a wildlife rehabilitation permit from treating sick 2 8 or injured wildlife. The bill also does not prohibit 2 9 government employees from carrying out their official duties 2 10 related to public health, wildlife management, or wildlife 2 11 removal. 2 12 The bill authorizes an officer of the department to take 2 13 possession of and dispose of any noncaptive vertebrate 2 14 wildlife that the officer reasonably believes has been 2 15 administered drugs in violation of the bill. 2 16 A person who violates the provisions of the bill is guilty 2 17 of a serious misdemeanor. A serious misdemeanor is punishable 2 18 by confinement for no more than one year and a fine of at 2 19 least $315 but not more than $1,875. 2 20 LSB 1408DP 82 2 21 av:rj/je/5.1