S.F. 2214 Section 1. Section 162.13, subsection 2, Code 2020, is 1 amended to read as follows: 2 2. a. The failure of a person who owns or operates a 3 commercial establishment to meet the standard of care required 4 in section 162.10A, subsection 1 , is a simple misdemeanor. 5 b. The animals are subject to seizure and impoundment and 6 may be sold or destroyed as provided by rules which shall be 7 adopted by the department pursuant to chapter 17A . The rules 8 shall provide for the destruction of an animal by a humane 9 method, including by euthanasia. However, if the animals 10 are owned by an enterprise as defined in section 717A.1, 11 the animals shall be subject to removal, confiscation, and 12 disposition as provided in section 717A.5. 13 Sec. 2. NEW SECTION . 717.7 Enterprises. 14 Notwithstanding any provision in this chapter to the 15 contrary, livestock that is owned by an enterprise as defined 16 in section 717A.1, shall be subject to removal, confiscation, 17 and disposition as provided in section 717A.5. 18 Sec. 3. Section 717A.1, Code 2020, is amended by adding the 19 following new subsections: 20 NEW SUBSECTION . 10A. “Enforcement agency” means any of the 21 following: 22 a. An entity responsible for the prevention and detection of 23 crime and the enforcement of the criminal laws of this state, 24 including the department of public safety, a county sheriff’s 25 office, or a city’s police force. 26 b. The department of agriculture and land stewardship. 27 NEW SUBSECTION . 10B. “Enforcement officer” means a 28 person regularly employed by an enforcement agency to conduct 29 investigations in which a person may be subject to criminal or 30 civil proceedings. 31 NEW SUBSECTION . 10C. “Enterprise” means a person 32 organized under statute or common law in this state or 33 another jurisdiction for purposes of engaging in a commercial 34 activity on a profit, cooperative, or not-for-profit basis, 35 -1- LSB 5715XS (5) 88 da/ns 1/ 8

S.F. 2214 including but not limited to a corporation or entity taxed 1 as a corporation under the Internal Revenue Code, nonprofit 2 corporation, cooperative or cooperative association, 3 partnership, limited partnership, limited liability company, 4 limited liability partnership, investment company, joint stock 5 company, joint stock association, or trust, including but not 6 limited to a business trust. 7 NEW SUBSECTION . 10D. “Enterprise representative” or 8 “representative” means a person authorized to act on behalf of 9 the enterprise, including but not limited to a shareholder or 10 an officer, director, or employee of a corporation, or a member 11 or manager of a limited liability company. 12 NEW SUBSECTION . 14. “Veterinarian” means a veterinarian as 13 defined in section 169.3 who is licensed to practice veterinary 14 medicine in this state. 15 Sec. 4. NEW SECTION . 717A.5 Search and seizure —— 16 confiscation —— disposition. 17 1. An enforcement agency shall not authorize a person 18 to enter onto the premises of an enterprise which owns an 19 animal, if the purpose of the entry is to investigate a civil 20 or criminal offense regarding the welfare of the animal, 21 unless the enforcement agency obtains a search warrant issued 22 by a court sitting in the district where the premises are 23 located. The search warrant and search shall comply with the 24 requirements of chapter 808. The search warrant shall include 25 the name and location of the enterprise subject to the search; 26 the names and titles of the persons conducting the search; and 27 the time, date, and place of the search. A copy of the search 28 warrant shall be presented to an enterprise representative. 29 2. An enforcement officer shall not interfere with or remove 30 an enterprise representative so long as the representative does 31 not physically obstruct the investigation. The act of standing 32 in close proximity to an enforcement officer who is conducting 33 an investigation does not constitute interference unless the 34 act impedes the enforcement officer’s path. 35 -2- LSB 5715XS (5) 88 da/ns 2/ 8

S.F. 2214 3. A person, other than an enforcement officer or 1 veterinarian designated by the enforcement agency, shall 2 not participate in the investigation, unless the enterprise 3 representative consents in writing. The enterprise 4 representative may make any audio or visual recording of the 5 investigation without interference by an enforcement officer. 6 4. An enforcement officer shall not threaten to confine 7 or arrest an enterprise representative unless the enterprise 8 representative physically obstructs or attempts to physically 9 obstruct an investigation. An enforcement officer shall not in 10 any manner coerce or threaten any enterprise representative. 11 Any verbal statement or promise made by an enforcement officer 12 to an enterprise representative that relates to relinquishing 13 an animal shall be deemed coercion. 14 5. An enforcement officer shall not alter the premises of 15 the enterprise. 16 6. An enforcement officer shall not rely upon an electronic 17 document or a document that requires an electronic signature. 18 7. a. An animal located on the premises of an enterprise 19 shall not be removed unless all of the following apply: 20 (1) Two veterinarians sign a statement of confiscation 21 under penalty of perjury that removal of the animal is 22 necessary in order to treat the animal suffering from a 23 condition that if not treated would likely result in the 24 animal’s death. One veterinarian shall be selected by the 25 enforcement agency and one veterinarian shall be selected by 26 the enterprise. If the two selected veterinarians cannot 27 agree on a determination, the determination shall be made by a 28 third veterinarian appointed by the other two. A veterinarian 29 shall not make a determination under this section, if the 30 veterinarian is associated with a person who would maintain the 31 animal if it were confiscated. 32 (2) The statement of confiscation shall describe the 33 specific reasons why removal is necessary, including any 34 specific illness, disease, or injury that requires removal, and 35 -3- LSB 5715XS (5) 88 da/ns 3/ 8

S.F. 2214 the treatment to be prescribed. 1 (3) The statement of confiscation shall include a 2 description of the animal being removed, including the species 3 of the animal, and methods to identify the animal. The methods 4 may include photographs showing all four sides of the animal, 5 identifying marks, and any microchips, tattoos, or ear tags. 6 (4) A copy of the statement of confiscation shall be 7 provided to the enterprise representative immediately at the 8 conclusion of the search. 9 b. An animal located on the premises of an enterprise shall 10 not be removed if an animal is suffering from a condition that 11 may be treated on the premises of the enterprise. A condition 12 that does not require removal includes but is not limited to 13 worms, giardia, coccidiosis, fleas, or minor matting of the 14 coat. 15 c. An enforcement agency shall not remove an animal if the 16 animal is under the care of a veterinarian. 17 8. If an animal is confiscated, and until a court orders the 18 animal’s disposition, all of the following apply: 19 a. The enterprise retains all rights in the animal 20 until all judicial remedies are exhausted or the enterprise 21 voluntarily relinquishes its ownership interest in the 22 animal. A relinquishment is not effective until the enterprise 23 representative signs a statement of abandonment. The statement 24 of abandonment shall be dated and notarized under chapter 9B. 25 b. The animal shall be maintained by a custodian approved 26 by the court. 27 c. A person designated by the enterprise, including a 28 veterinarian, may visit the animal. The veterinarian may 29 examine and take photographs or a recording of the animal. 30 Upon refusal to allow a visit during normal business hours, 31 the custodian shall incur all expenses associated with the 32 maintenance until the court orders the animal’s removal or 33 disposition. 34 d. The animal shall not be sterilized without the consent 35 -4- LSB 5715XS (5) 88 da/ns 4/ 8

S.F. 2214 of the enterprise. The enterprise representative must sign 1 a consent form authorizing the sterilization which shall be 2 dated and notarized pursuant to chapter 9B. The enterprise 3 representative shall receive a copy of the completed consent 4 form. 5 e. The animal shall not be subject to a veterinary 6 procedure, including by euthanizing the animal unless any of 7 following apply: 8 (1) The veterinary procedure is authorized by the 9 enterprise. The enterprise representative must sign a 10 consent form authorizing the procedure which shall be dated 11 and notarized as provided in chapter 9B. Before signing the 12 consent form, the enterprise representative must be provided 13 a written statement detailing why the procedure is necessary. 14 The enterprise representative shall receive a copy of the 15 completed consent form. 16 (2) The court orders the veterinary procedure. 17 f. The enterprise may elect to have the veterinary procedure 18 performed by a veterinarian selected by the enterprise 19 representative. 20 g. The animal shall be removed to the enterprise if a 21 veterinarian determines that the animal would not likely die 22 by being removed. 23 9. An enterprise shall have adequate time to obtain legal 24 counsel prior to any court proceeding to determine the animal’s 25 disposition. In making the determination, the court shall 26 consider all circumstances in the case. 27 10. a. If an animal removed to custody is returned to an 28 enterprise, the court shall assess each veterinarian who signed 29 a statement of confiscation all of the following: 30 (1) All expenses incurred by the enforcement agency in 31 moving and assuming custody of the animal. The expenses shall 32 be assigned to each veterinarian on a prorated basis. 33 (2) All reasonable expenses incurred by the enterprise, 34 including attorney fees, investigative fees, court costs, 35 -5- LSB 5715XS (5) 88 da/ns 5/ 8

S.F. 2214 communication expenses, witness fees and expenses, and travel 1 expenses. 2 b. The recovery of expenses shall only take place after 3 final agency action is taken under chapter 17A, or upon 4 judicial review, after final disposition of the case by the 5 court. 6 11. If an animal removed to custody is returned to the 7 enterprise, each veterinarian who signed a statement of 8 confiscation shall be subject to a fine of not less than one 9 thousand dollars and not more than five thousand dollars. Each 10 animal removed shall be considered a separate offense. 11 12. If an animal removed to custody is ordered to be 12 returned to an enterprise by a court, but is not returned 13 within thirty days, the animal is deemed transferred to the 14 enforcement agency. In that case, the enforcement agency shall 15 reimburse the enterprise the fair market value of the animal, 16 as determined by the court after a hearing. 17 13. a. If an animal removed to custody is not returned 18 to an enterprise pursuant to a court order, and the owner has 19 not voluntarily relinquished the animal, all of the following 20 apply: 21 (1) The enforcement agency shall deliver a written notice 22 to each person who is known to have a legal interest in the 23 animal other than the enterprise. If the animal is sold, the 24 enterprise, and any other person who has a legal interest in 25 the animal, may petition the court to receive moneys remaining 26 from the sale after subtracting any expenses associated with 27 maintaining and disposing of the animal. The remaining moneys 28 shall be prorated among the owners based on each owner’s 29 percentage interest in the animal. 30 (2) A sale conducted under this subsection shall not occur 31 until at least fourteen days after a notice of the sale is 32 published once in a newspaper of general circulation in the 33 county where the enterprise’s premises is located. 34 (3) The enterprise shall receive an invoice detailing all 35 -6- LSB 5715XS (5) 88 da/ns 6/ 8

S.F. 2214 costs incurred in maintaining the animal while in custody. The 1 enterprise may contest the inventory by filing a petition in 2 district court which shall suspend the disposition until the 3 matter is resolved. 4 b. Nothing in this subsection shall be construed to limit, 5 restrict, impair, or subordinate a right of a person having a 6 security interest in the animal, or the proceeds from the sale 7 of the animal. 8 14. a. A person commits false investigation if all of the 9 following apply: 10 (1) The person makes a complaint that results in the removal 11 of an animal from the premises of an enterprise for any period. 12 (2) The animal is returned to the enterprise. 13 (3) If the removal is part of a criminal case, the charge is 14 dismissed, any person charged is acquitted, or any person who 15 is charged is convicted and the conviction is reversed. 16 b. A person who commits false investigation is guilty of 17 a simple misdemeanor punishable by a fine of at least one 18 thousand dollars but not to exceed five thousand dollars. Each 19 animal removed shall be considered as a separate offense. 20 Sec. 5. NEW SECTION . 717B.10 Enterprises. 21 Notwithstanding any provision in this chapter to the 22 contrary, an animal that is owned by an enterprise as defined 23 in section 717A.1 shall be subject to removal, confiscation, 24 and disposition as provided in section 717A.5. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill amends Code chapter 717A which relates to offenses 29 involving agricultural production facilities. It also 30 amends Code chapter 162 providing for the care of animals in 31 commercial establishments; Code chapter 717 which provides 32 for the rescue, custodial care, and disposition of neglected 33 or abused livestock; and Code chapter 717B which provides for 34 the rescue, custodial care, and disposition of animals other 35 -7- LSB 5715XS (5) 88 da/ns 7/ 8

S.F. 2214 than livestock subject to neglect, abuse, or torture. The 1 bill provides a number of procedures required to be followed 2 by a state or local law enforcement agency (e.g., county 3 sheriff) or the department of agriculture and land stewardship 4 entering onto the business premises of an enterprise (e.g., 5 corporation or limited liability company) in order to conduct 6 an investigation regarding the mistreatment of an animal. 7 It also provides procedures relating to the conduct of the 8 inspection, the removal of animals from the premises, the care 9 of the animals in custody, and the disposition of the animals 10 by court order. The bill creates a criminal offense of false 11 investigation. A person who makes a complaint that results in 12 the removal of an animal from an enterprise for any period is 13 subject to a fine, if the animal is returned to the enterprise 14 and no criminal charge is filed, the charge is dismissed, any 15 person charged is acquitted, or any person who is convicted has 16 their conviction reversed. A person who commits the offense 17 is guilty of a simple misdemeanor which is punishable by 18 confinement for no more than 30 days and a fine of at least 19 $1,000 but not more than $5,000. 20 -8- LSB 5715XS (5) 88 da/ns 8/ 8