House File 2458 - Introduced HOUSE FILE 2458 BY COMMITTEE ON NATURAL RESOURCES (SUCCESSOR TO HF 2240) A BILL FOR An Act relating to the management of the spread of diseases in 1 animals, and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6019HV (2) 88 js/rn
H.F. 2458 Section 1. Section 163.2, subsection 5, Code 2020, is 1 amended to read as follows: 2 5. “Infectious or contagious disease” means glanders, farcy, 3 maladie du coit (dourine), anthrax, foot and mouth disease, 4 scabies, classical swine fever, tuberculosis, brucellosis, 5 vesicular exanthema, scrapie, rinderpest, chronic wasting 6 disease, avian influenza or Newcastle disease as provided in 7 chapter 165B , pseudorabies as provided in chapter 166D , or any 8 other transmissible, transferable, or communicable disease so 9 designated by the department. 10 Sec. 2. Section 481A.38, subsection 1, Code 2020, is amended 11 to read as follows: 12 1. a. The commission may upon its own motion and after an 13 investigation, alter, limit, or restrict the methods or means 14 employed and the instruments or equipment used in taking wild 15 mammals, birds subject to section 481A.48 , fish, reptiles, 16 and amphibians, if the investigation reveals that the action 17 would be desirable or beneficial in promoting the interests of 18 conservation , or the commission may, after an investigation 19 when it is found there is imminent danger of loss of fish 20 through natural causes, authorize the taking of fish by means 21 found advisable to salvage imperiled fish populations . 22 b. The commission shall act to prevent, control, or 23 eradicate an infectious or contagious disease in any wild 24 animal as necessary to comply with section 456A.23. After 25 an investigation when it is found there is imminent danger 26 of loss of fish through natural causes, the commission may 27 authorize the taking of fish by means found advisable to 28 salvage imperiled fish populations. 29 c. Upon the discovery of an infectious or contagious disease 30 in any wild animal, the commission may establish a wild animal 31 disease management zone and take such actions within the zone 32 as are necessary to protect wild animal health and conserve 33 biological balance. Such actions are limited to establishing 34 special seasons, preventing the artificial movement of wild 35 -1- LSB 6019HV (2) 88 js/rn 1/ 3
H.F. 2458 animals, wild animal carcasses, or parts thereof, and requiring 1 disease sample collection from harvested wild animals. The 2 commission shall give not less than twenty-four hours’ notice 3 by mail or electronic means to all landowners within a proposed 4 disease management zone before establishing the zone and such 5 notice shall identify the specific activity requirements or 6 restrictions imposed in the zone that shall apply to public or 7 private lands within the zone. 8 d. In administering paragraph “c” , all of the following 9 shall apply: 10 (1) A state biologist or conservation officer may go to a 11 residence or approach a private landowner or tenant to provide 12 information regarding the wild animal disease prevention, 13 containment, and eradication efforts underway in the area. 14 (2) A state biologist or conservation officer may go to a 15 residence or approach a private landowner or tenant to request 16 and obtain written or verbal permission to collect wildlife 17 samples. 18 b. e. The commission shall adopt a rule permitting a 19 crossbow to be used only by individuals with disabilities 20 who are physically incapable of using a bow and arrow under 21 the conditions in which a bow and arrow is permitted. The 22 commission shall prepare an application to be used by an 23 individual requesting the status. The application shall 24 require the individual’s physician to sign a statement 25 declaring that the individual is not physically able to use a 26 bow and arrow. 27 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 28 importance, takes effect upon enactment. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to control of infectious diseases in 33 animals. 34 The bill amends the definition of “infectious or contagious 35 -2- LSB 6019HV (2) 88 js/rn 2/ 3
H.F. 2458 disease” in Code section 163.2 to include chronic wasting 1 disease. By operation of law, the bill allows the department 2 of agriculture and land stewardship to adopt rules and exercise 3 certain powers to control the spread of chronic wasting disease 4 in animals under the department’s jurisdiction. 5 The bill requires the natural resource commission to act 6 to prevent, control, or eradicate an infectious or contagious 7 disease in any wild animal. The bill authorizes the commission 8 to establish a disease management zone for any wild animal, 9 upon the finding of an infectious or contagious disease in a 10 population of that animal, and take certain actions to prevent 11 the spread of disease through that animal population. 12 The bill allows a state biologist or conservation officer to 13 go to a residence or approach a private landowner or tenant to 14 provide information regarding wild animal disease prevention, 15 containment, and eradication efforts in the area or to request 16 and obtain permission to collect wildlife samples. 17 The bill takes effect upon enactment. 18 -3- LSB 6019HV (2) 88 js/rn 3/ 3