House File 254 - Introduced HOUSE FILE 254 BY THOMAS A BILL FOR An Act providing for zoos keeping dangerous wild animals, 1 making penalties applicable, and including applicability and 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2104HH (5) 85 da/nh

H.F. 254 Section 1. Section 717F.1, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 12. “Zoo” means a park, building, 3 cage, enclosure, or other structure or premise in which a 4 dangerous wild animal is kept for public exhibition or viewing, 5 regardless of whether a person who owns or possesses the 6 dangerous wild animal receives compensation. 7 Sec. 2. Section 717F.7, subsection 20, Code 2013, is amended 8 to read as follows: 9 20. A person who keeps a dangerous wild animal pursuant to 10 all of the following conditions: 11 a. The person is licensed by the United States department of 12 agriculture as provided in 9 C.F.R. ch. I. 13 b. The person is registered by the department of agriculture 14 and land stewardship. Upon a complaint filed with the 15 department of agriculture and land stewardship, the department 16 may shall inspect the premises or investigate the practices of 17 the registered person and suspend or revoke the registration 18 for the same causes and in the same manner as provided in 19 section 162.12 . 20 c. The location where the person keeps the dangerous 21 wild animal is not a zoo, unless the location is part of an 22 institution accredited or certified by the American zoo and 23 aquarium association. 24 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 25 immediate importance, takes effect upon enactment. 26 Sec. 4. APPLICABILITY. 27 1. This section applies to a person who owns or possesses a 28 dangerous wild animal immediately prior to the effective date 29 of this Act as provided in section 717F.7, subsection 20, but 30 who is prohibited from owning or possessing a dangerous wild 31 animal on and after the effective date of this Act. 32 2. The person described in subsection 1 may continue to 33 own or possess the dangerous wild animal as provided in Code 34 chapter 717F in the same manner as a person who complies with 35 -1- LSB 2104HH (5) 85 da/nh 1/ 3

H.F. 254 the requirements of section 717F.4. However, all of the 1 following apply: 2 a. The person has sixty days after the effective date of 3 this Act to comply with the requirements of section 717F.4, 4 subsection 3. 5 b. The person has until December 31, 2013, to comply with 6 the requirements of section 717F.4, subsection 4. 7 EXPLANATION 8 GENERAL. This bill amends Code chapter 717F, which 9 regulates the ownership or possession of dangerous wild 10 animals, including wolves, coyotes, jackals, hyenas, lions, 11 tigers, cougars, leopards, cheetahs, ocelots, servals, bears, 12 pandas, rhinoceroses, elephants, primates other than humans, 13 alligators, crocodiles, water monitors, venomous snakes, 14 and certain constrictors (pythons and anacondas). The 15 department of agriculture and land stewardship is charged with 16 administering and enforcing the Code chapter’s provisions, 17 although the department may execute an agreement with 18 another government entity (Code section 717F.2). A person 19 is prohibited from owning or possessing such an animal or 20 transporting the animal into this state (Code section 717F.3). 21 EXCEPTIONS. There are several exceptions that allow a 22 person to own or possess a dangerous wild animal, including 23 a person who had possession of the animal on July 1, 2007, 24 subject to certain conditions (Code section 717F.4). A person 25 may also keep such an animal if specifically exempt from the 26 Code chapter (Code section 717F.7). One exemption applies to 27 an institution accredited or certified by the American zoo and 28 aquarium association. Another exemption applies to a person 29 who has been issued a license by the United States department 30 of agriculture to keep a dangerous wild animal so long as the 31 person is registered with the department of agriculture and 32 land stewardship and such registration has not been suspended 33 or revoked (Code section 162.12). 34 BILL’S PROVISIONS. The bill requires the department to, 35 -2- LSB 2104HH (5) 85 da/nh 2/ 3

H.F. 254 upon complaint, conduct an inspection of the premises or 1 investigate the practices of a registrant licensed by the 2 United States department of agriculture. It also provides 3 that if the dangerous wild animal is kept in a zoo, that zoo 4 must also be accredited or certified by the American zoo and 5 aquarium association. Finally, the bill allows a person no 6 longer qualifying for the exemption on the bill’s effective 7 date to retain possession of the animal subject to the same 8 restrictions as a person who had possession of such animal on 9 July 1, 2007. 10 APPLICABLE ENFORCEMENT ACTIONS AND PENALTIES. A person 11 who violates a provision of the bill is subject to a number 12 of provisions. The person’s dangerous wild animal is subject 13 to seizure, custody, and disposal (Code section 717F.5). The 14 person is subject to a civil penalty of not more than $2,000 15 for each such animal involved in the violation (Code section 16 717F.11), a court may restrain a violation by issuing an 17 injunction (Code section 717F.12), and the person is guilty of 18 an aggravated misdemeanor if the person intentionally causes an 19 animal to escape. An aggravated misdemeanor is punishable by 20 confinement for no more than two years and a fine of at least 21 $625 but not more than $6,250. 22 EFFECTIVE DATE. The bill takes effect upon enactment. 23 -3- LSB 2104HH (5) 85 da/nh 3/ 3