SF 236 (LSB 2104XS (1) 85)

SENATE FILE 236

BY  McCOY

A BILL FOR

An Act providing for zoos keeping dangerous wild animals, making penalties applicable, and including applicability and effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 717F.1, Code 2013, is amended by adding the following new subsection:
   NEW SUBSECTION.  12.  “Zoo” means a park, building, cage, enclosure, or other structure or premise in which a dangerous wild animal is kept for public exhibition or viewing, regardless of whether a person who owns or possesses the dangerous wild animal receives compensation.
    Sec. 2.  Section 717F.7, subsection 20, Code 2013, is amended to read as follows:
   20.  A person who keeps a dangerous wild animal pursuant to all of the following conditions:
   a.  The person is licensed by the United States department of agriculture as provided in 9 C.F.R. ch. I.
   b.  The person is registered by the department of agriculture and land stewardship. Upon a complaint filed with the department of agriculture and land stewardship, the department may
 
shall inspect the premises or investigate the practices of the registered person and suspend or revoke the registration for the same causes and in the same manner as provided in section 162.12.
   c.  The location where the person keeps the dangerous wild animal is not a zoo, unless the location is part of an institution accredited or certified by the American zoo and aquarium association.
    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 4.  APPLICABILITY.
   1.  This section applies to a person who owns or possesses a dangerous wild animal immediately prior to the effective date of this Act as provided in section 717F.7, subsection 20, but who is prohibited from owning or possessing a dangerous wild animal on and after the effective date of this Act.
   2.  The person described in subsection 1 may continue to own or possess the dangerous wild animal as provided in Code chapter 717F in the same manner as a person who complies with the requirements of section 717F.4. However, all of the following apply:
   a.  The person has sixty days after the effective date of this Act to comply with the requirements of section 717F.4, subsection 3.
   b.  The person has until December 31, 2013, to comply with the requirements of section 717F.4, subsection 4.
EXPLANATION
   GENERAL. This bill amends Code chapter 717F, which regulates the ownership or possession of dangerous wild animals, including wolves, coyotes, jackals, hyenas, lions, tigers, cougars, leopards, cheetahs, ocelots, servals, bears, pandas, rhinoceroses, elephants, primates other than humans, alligators, crocodiles, water monitors, venomous snakes, and certain constrictors (pythons and anacondas). The department of agriculture and land stewardship is charged with administering and enforcing the Code chapter’s provisions, although the department may execute an agreement with another government entity (Code section 717F.2). A person is prohibited from owning or possessing such an animal or transporting the animal into this state (Code section 717F.3).
   EXCEPTIONS. There are several exceptions that allow a person to own or possess a dangerous wild animal, including a person who had possession of the animal on July 1, 2007, subject to certain conditions (Code section 717F.4). A person may also keep such an animal if specifically exempt from the Code chapter (Code section 717F.7). One exemption applies to an institution accredited or certified by the American zoo and aquarium association. Another exemption applies to a person who has been issued a license by the United States department of agriculture to keep a dangerous wild animal so long as the person is registered with the department of agriculture and land stewardship and such registration has not been suspended or revoked (Code section 162.12).
   BILL’S PROVISIONS. The bill requires the department to, upon complaint, conduct an inspection of the premises or investigate the practices of a registrant licensed by the United States department of agriculture. It also provides that if the dangerous wild animal is kept in a zoo, that zoo must also be accredited or certified by the American zoo and aquarium association. Finally, the bill allows a person no longer qualifying for the exemption on the bill’s effective date to retain possession of the animal subject to the same restrictions as a person who had possession of such animal on July 1, 2007.
   APPLICABLE ENFORCEMENT ACTIONS AND PENALTIES. A person who violates a provision of the bill is subject to a number of provisions. The person’s dangerous wild animal is subject to seizure, custody, and disposal (Code section 717F.5). The person is subject to a civil penalty of not more than $2,000 for each such animal involved in the violation (Code section 717F.11), a court may restrain a violation by issuing an injunction (Code section 717F.12), and the person is guilty of an aggravated misdemeanor if the person intentionally causes an animal to escape. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.
   EFFECTIVE DATE. The bill takes effect upon enactment.