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)
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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
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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,
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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
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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
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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.
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