Senate Study Bill 3170 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON ZUMBACH) A BILL FOR An Act relating to the mistreatment of animals, including 1 livestock, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6334XC (4) 88 da/ns
S.F. _____ DIVISION I 1 MISTREATMENT OF LIVESTOCK 2 Section 1. Section 717.1, subsection 4, Code 2020, is 3 amended to read as follows: 4 4. “Livestock” means an any of the following: 5 a. An animal belonging to the bovine, caprine, equine, 6 ovine, or porcine species , ; ostriches, rheas, or emus; farm 7 deer as defined in section 170.1 ; or turkeys, chickens, or 8 other poultry. 9 b. An animal that is owned by a person who is entitled to 10 report income on a schedule F as part of a form 1040 or form 11 1041 tax return filed with the United States internal revenue 12 service. 13 DIVISION II 14 RELATED CHANGES 15 Sec. 2. Section 15E.202, subsection 2, Code 2020, is amended 16 to read as follows: 17 2. “Agricultural commodity” means any unprocessed 18 agricultural product, including livestock as defined in section 19 717.1 159.1A , agricultural crops, and forestry products grown, 20 raised, produced, or fed in this state for sale in commercial 21 channels. 22 Sec. 3. NEW SECTION . 159.1A Chapter definition. 23 As used in this chapter, “livestock” means an animal 24 belonging to the bovine, caprine, equine, ovine, or porcine 25 species; ostriches, rheas, or emus; farm deer as defined in 26 section 170.1; or turkeys, chickens, or other poultry. 27 Sec. 4. Section 159.5, subsection 13, Code 2020, is amended 28 to read as follows: 29 13. Establish and administer programs for the inspection 30 and control of disease among livestock as defined in section 31 717.1 . 32 Sec. 5. Section 162.1, subsection 2, Code 2020, is amended 33 to read as follows: 34 2. This chapter does not apply to livestock as defined in 35 -1- LSB 6334XC (4) 88 da/ns 1/ 5
S.F. _____ section 717.1 159.1A or any other agricultural animal used in 1 agricultural production as provided in chapter 717A . 2 Sec. 6. Section 163.3A, subsection 1, Code 2020, is amended 3 to read as follows: 4 1. The department may provide veterinary emergency 5 preparedness and response services necessary to prevent 6 or control a serious threat to the public health, public 7 safety, or the state’s economy caused by the transmission of 8 disease among livestock as defined in section 717.1 159.1A 9 or agricultural animals as defined in section 717A.1 . The 10 services may include measures necessary to ensure that all such 11 animals carrying disease are properly identified, segregated, 12 treated, or destroyed as provided in this Code. 13 Sec. 7. Section 172E.1, subsection 2, Code 2020, is amended 14 to read as follows: 15 2. “Livestock” means the same as defined in section 717.1 16 159.1A . 17 Sec. 8. Section 236.3, subsection 1, paragraph g, Code 2020, 18 is amended to read as follows: 19 g. Name or description of any pet or companion animal owned, 20 possessed, leased, kept, or held by the petitioner, respondent, 21 or minor child of the petitioner or respondent whose welfare 22 may be affected by the controversy. However, this paragraph 23 shall not apply to livestock as defined in section 717.1 24 159.1A , held solely or primarily for commercial purposes. 25 Sec. 9. Section 236.4, subsection 4, Code 2020, is amended 26 to read as follows: 27 4. The court may include in the temporary order issued 28 pursuant to this section a grant to the petitioner of the 29 exclusive care, possession, or control of any pets or companion 30 animals owned, possessed, leased, kept, or held by the 31 petitioner, respondent, or minor child of the petitioner or 32 respondent whose welfare may be affected by the controversy. 33 The court may forbid the respondent from approaching, taking, 34 transferring, encumbering, concealing, molesting, attacking, 35 -2- LSB 6334XC (4) 88 da/ns 2/ 5
S.F. _____ striking, threatening, harming, or otherwise disposing of the 1 pet or companion animal. This subsection shall not apply to 2 livestock as defined in section 717.1 159.1A , held solely or 3 primarily for commercial purposes. 4 Sec. 10. Section 236.5, subsection 1, paragraph b, 5 subparagraph (7), Code 2020, is amended to read as follows: 6 (7) A grant to the petitioner of the exclusive care, 7 possession, or control of any pets or companion animals owned, 8 possessed, leased, kept, or held by the petitioner, respondent, 9 or minor child of the petitioner or respondent whose welfare 10 may be affected by the controversy. The court may forbid the 11 respondent from approaching, taking, transferring, encumbering, 12 concealing, molesting, attacking, striking, threatening, 13 harming, or otherwise disposing of the pet or companion animal. 14 This subparagraph shall not apply to livestock as defined in 15 section 717.1 159.1A , held solely or primarily for commercial 16 purposes. 17 Sec. 11. Section 484B.1, subsection 7, Code 2020, is amended 18 to read as follows: 19 7. “Livestock” means the same as defined in section 717.1 20 159.1A . 21 Sec. 12. Section 501A.102, subsection 14, Code 2020, is 22 amended to read as follows: 23 14. “Livestock” means the same as defined in section 717.1 24 159.1A . 25 Sec. 13. Section 562.1A, subsection 3, Code 2020, is amended 26 to read as follows: 27 3. “Livestock” means the same as defined in section 717.1 28 159.1A . 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 amends a number of Code chapters providing for 33 livestock, including Code chapter 717 which creates criminal 34 offenses for the mistreatment of livestock and civil actions 35 -3- LSB 6334XC (4) 88 da/ns 3/ 5
S.F. _____ brought in district court to rescue or care for livestock 1 placed in danger. Code section 717.1 defines “livestock” as 2 an animal belonging to a number of different species including 3 bovine (e.g., cattle), caprine (goats), equine (e.g., horses), 4 ovine (sheep), porcine (swine); ratites (ostriches, rheas, 5 and emus); farm deer; and poultry. The bill provides that 6 “livestock” expressly includes turkeys and chickens. It also 7 provides that “livestock” includes an animal owned by a person 8 who is eligible to report income on a schedule F as part of a 9 federal tax return. Code chapter 717B provides for criminal 10 offenses relating to the mistreatment of animals other than 11 livestock and civil actions brought in district court to rescue 12 and care for those animals. The expanded definition applies to 13 offenses created under Code chapter 717D involving livestock 14 participating in a contest event such as dog fighting. 15 The bill amends a number of other Code sections providing 16 for livestock by referring to the definition in Code section 17 717.1. The bill amends Code chapter 159 (the department of 18 agriculture and land stewardship’s general chapter) to define 19 livestock as an animal belonging to the bovine, caprine, 20 equine, ovine, or porcine species; ostriches, rheas, or 21 emus; farm deer; or turkeys, chickens, or other poultry. 22 The bill provides that the definition of livestock as used 23 in that Code chapter applies to the use of the term in the 24 other Code chapters, including Code chapter 15E (economic 25 development activities), Code chapter 162 (care of animals in 26 commercial establishments), Code chapter 163 (the control of 27 animal diseases), Code chapter 172E (dairy cattle sold for 28 slaughter), Code chapter 236 (offenses involving domestic 29 abuse), Code chapter 484B (hunting preserves), Code chapter 30 501A (cooperative associations), and Code chapter 562 (lease 31 arrangements). 32 A person who commits a form of animal mistreatment is 33 subject to criminal penalties including livestock neglect 34 punishable as a simple misdemeanor and livestock abuse 35 -4- LSB 6334XC (4) 88 da/ns 4/ 5
S.F. _____ punishable as an aggravated misdemeanor. A person who commits 1 an offense involving a contest event is guilty of an aggravated 2 misdemeanor or class “D” felony. A simple misdemeanor is 3 punishable by confinement for no more than 30 days or a fine of 4 at least $65 but not more than $625 or by both. An aggravated 5 misdemeanor is punishable by confinement for no more than two 6 years and a fine of at least $625 but not more than $6,250. A 7 class “D” felony is punishable by confinement for no more than 8 five years and a fine of at least $750 but not more than $7,500. 9 -5- LSB 6334XC (4) 88 da/ns 5/ 5