Senate File 302 - Introduced SENATE FILE 302 BY GUTH A BILL FOR An Act relating to animals subject to complaints alleging 1 mistreatment, including by providing for the inspection of 2 premises, the removal of animals, the care of animals in 3 custody, and the disposition of animals by court order, and 4 providing penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1057XS (5) 89 da/ns

S.F. 302 Section 1. Section 162.13, subsection 2, Code 2021, 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. (1) The animals are subject to seizure and impoundment 6 and may be sold or destroyed as provided by rules which shall 7 be adopted by the department pursuant to chapter 17A . The 8 rules shall provide for the destruction of an animal by a 9 humane method, including by euthanasia. 10 (2) Notwithstanding subparagraph (1), if the department is 11 investigating an allegation of animal mistreatment as provided 12 in chapter 717B, the department shall inspect the commercial 13 establishment, and provide for the animal’s temporary 14 disposition as provided in section 717B.11 or permanent 15 disposition as provided in section 717B.12. 16 Sec. 2. Section 602.6405, subsection 1, Code 2021, is 17 amended to read as follows: 18 1. a. Magistrates have jurisdiction of simple misdemeanors 19 regardless of the amount of the fine, including traffic and 20 ordinance violations, and preliminary hearings, search warrant 21 proceedings, county and municipal infractions, and small 22 claims. 23 b. Magistrates have jurisdiction to determine the 24 disposition of livestock or another animal, as provided 25 in sections 717.2C, 717.2D, and 717.5 and 717B.4 , if the 26 magistrate determines the value of the livestock or animal is 27 less than ten thousand dollars. Magistrates have jurisdiction 28 to determine the disposition of certain animals other than 29 livestock as provided in sections 717B.11 and 717B.12, if the 30 magistrate determines the value of the animals is less than ten 31 thousand dollars. 32 c. Magistrates have jurisdiction to exercise the powers 33 specified in sections 556F.2 and 556F.12 , and to hear 34 complaints or preliminary informations, issue warrants, order 35 -1- LSB 1057XS (5) 89 da/ns 1/ 23

S.F. 302 arrests, make commitments, and take bail. Magistrates have 1 jurisdiction over violations of section 123.49, subsection 2 , 2 paragraph “h” . 3 d. Magistrates who are admitted to the practice of law 4 in this state have jurisdiction over all proceedings for the 5 involuntary commitment, treatment, or hospitalization of 6 individuals under chapters 125 and 229 , except as otherwise 7 provided under section 229.6A ; nonlawyer . Nonlawyer 8 magistrates have jurisdiction over emergency detention and 9 hospitalization proceedings under sections 125.91 and 229.22 . 10 Magistrates have jurisdiction to conduct hearings authorized 11 under section 809.4 . 12 Sec. 3. Section 670.4, subsection 1, paragraph m, Code 2021, 13 is amended by striking the paragraph. 14 Sec. 4. Section 717.1, Code 2021, is amended by adding the 15 following new subsections: 16 NEW SUBSECTION . 2C. “Enterprise” means a person operating 17 on a profit or nonprofit basis, that exercises care, custody, 18 or control of livestock. 19 NEW SUBSECTION . 2D. “Enterprise representative” means a 20 person authorized to act on behalf of the enterprise, including 21 but not limited to a shareholder, member, officer, director, or 22 employee of a corporation, or a member or manager of a limited 23 liability company. 24 NEW SUBSECTION . 7A. “Responsible party” means a person who 25 assumes liability for livestock as ordered by a court pursuant 26 to sections 717.2C and 717.2D. 27 Sec. 5. Section 717.1, subsection 5, Code 2021, is amended 28 by striking the subsection. 29 Sec. 6. NEW SECTION . 717.2B Investigations. 30 1. A law enforcement officer conducting an investigation of 31 alleged livestock negligence shall not enter onto the premises 32 where the livestock is maintained, unless all of the following 33 apply: 34 a. A complaint alleging the livestock negligence has been 35 -2- LSB 1057XS (5) 89 da/ns 2/ 23

S.F. 302 filed with the local authority. Prior to entry, the law 1 enforcement officer shall provide a copy of the complaint, 2 including any associated documents and the names and addresses 3 of witnesses, to the owner of the livestock. However, if the 4 livestock is controlled by an enterprise, the law enforcement 5 officer shall provide a copy of the complaint to the enterprise 6 representative. 7 b. Any of the following apply: 8 (1) The owner of the livestock holding title to the 9 premises consents to the law enforcement officer’s entry, 10 or if the livestock is held by an enterprise, an enterprise 11 representative consents to the entry. 12 (2) The law enforcement officer obtains a warrant issued by 13 the district court in the same county where the premises are 14 located. The search warrant and search shall comply with the 15 requirements of chapter 808. The search warrant shall include 16 the location of the premises and the name of the title holder 17 of the premises; the names and titles of the persons conducting 18 the search; and the time, date, and place of the search. The 19 search warrant must be signed and dated by the magistrate 20 issuing the search warrant. The warrant is void if any error 21 in the search warrant is discovered. If the warrant is void, 22 the law enforcement officer shall not enter onto or remain on 23 the premises until a new search warrant is obtained or the 24 owner of the livestock or enterprise representative consents 25 to the entry. 26 2. A person, other than a veterinarian, shall not accompany 27 a law enforcement officer onto the premises unless the owner of 28 the premises consents to the entry. 29 3. During the law enforcement officer’s investigation on 30 the premises where the livestock is maintained, all of the 31 following apply: 32 a. The owner of the livestock and any enterprise 33 representative may accompany the law enforcement officer, 34 unless the owner or enterprise representative interferes with 35 -3- LSB 1057XS (5) 89 da/ns 3/ 23

S.F. 302 the investigation or threatens the law enforcement officer. 1 Standing within close proximity of the law enforcement officer 2 does not constitute interference or a threat, unless the act 3 impedes the law enforcement officer’s path. 4 b. A law enforcement officer shall not in any manner coerce 5 or threaten the owner of the livestock or any enterprise 6 representative. Any verbal statement or promise made by a law 7 enforcement officer to the owner of the livestock or enterprise 8 representative that relates to relinquishing livestock shall 9 be deemed coercion. 10 c. The law enforcement officer shall provide the owner of 11 the livestock and any enterprise representative a reasonable 12 period to obtain video and audio equipment to record the 13 investigation. The law enforcement officer shall not interfere 14 with the process of recording the investigation. The owner of 15 the livestock and any enterprise representative shall retain 16 custody of and all rights to their recording. This paragraph 17 does not prohibit a law enforcement officer from making 18 an official recording of the investigation. The official 19 recording shall be a confidential record subject to the same 20 requirements as a peace officer’s investigative report pursuant 21 to section 22.7. 22 Sec. 7. NEW SECTION . 717.2C Temporary dispositional 23 proceedings. 24 1. Based on an investigation of a complaint alleging 25 livestock negligence as provided in section 717.2B, a court in 26 the same county where the premises maintaining the livestock is 27 located may order the temporary disposition of the livestock. 28 2. Prior to issuing the order, the law enforcement 29 officer must provide the court with a statement signed by 30 two veterinarians who visited the premises and examined the 31 livestock. 32 a. The first veterinarian shall be designated by the law 33 enforcement officer and the second veterinarian shall be 34 designated by the owner of the livestock. If the livestock is 35 -4- LSB 1057XS (5) 89 da/ns 4/ 23

S.F. 302 under the control of an enterprise, the second veterinarian 1 shall be designated pursuant to written agreement entered 2 into by the owner of the livestock and the enterprise 3 representative. If necessary, the determination shall be 4 made by a third veterinarian designated pursuant to a written 5 agreement entered into by the law enforcement officer and the 6 owner of the livestock or the enterprise representative as 7 agreed to by the owner and enterprise representative. 8 b. The statement must be accompanied by all of the 9 following: 10 (1) A video and audio recording of the examination and 11 documentation that identifies the livestock by name; any 12 identifying mark, microchip, tattoo, or ear tag; and the 13 livestock’s species, sex, height, and weight. 14 (2) The reasons for the temporary disposition including 15 the specific reasons why removal is necessary, including any 16 specific illness, disease, or injury that requires removal, and 17 the treatment to be prescribed. 18 c. The statement shall be signed by each veterinarian making 19 the determination and a copy of the signed statement shall 20 be provided to the owner of the livestock. If the livestock 21 is under the control of an enterprise, a copy of the signed 22 statement shall be provided to an enterprise representative. 23 3. The court shall designate the owner of the livestock 24 or enterprise representative as the responsible party in the 25 matter of temporary disposition under this section or permanent 26 disposition under section 717.2D. 27 4. a. As part of the temporary disposition, the court 28 may require that a qualified person approved by the court 29 make regular visits to the premises where the livestock is 30 maintained to ensure that the livestock receives adequate care 31 as required by the court. 32 b. Notwithstanding paragraph “a” , the court may require the 33 livestock’s removal to an alternative premises, if the removal 34 of the livestock is necessary to treat the livestock suffering 35 -5- LSB 1057XS (5) 89 da/ns 5/ 23

S.F. 302 from a condition that if not treated would likely result in the 1 livestock’s death, and no veterinarian is available to provide 2 such treatment on the premises. 3 c. A local authority or the department may contract with a 4 livestock care provider for the maintenance of the livestock. 5 The local authority or the department shall pay the livestock 6 care provider for the livestock’s maintenance regardless of 7 proceeds received from the disposition of the livestock or any 8 reimbursement ordered by a court pursuant to section 717.2D. 9 5. During the period of temporary disposition, the 10 livestock shall not be subject to any veterinary procedure, 11 unless any of the following apply: 12 a. The responsible party consents to the procedure. The 13 consent shall be in the form of a statement signed and dated 14 by the responsible party and notarized as provided in chapter 15 9B. The responsible party shall receive a copy of the completed 16 consent form. The responsible party may elect to have the 17 medical procedure performed by a veterinarian designated by the 18 responsible party. 19 b. A court order requires the procedure to be performed. 20 6. a. If the animal is maintained on the premises, the 21 responsible party may provide for the care of the animal at any 22 time. 23 b. If the livestock is removed to be maintained at an 24 alternative premises under the control of a local authority, 25 the responsible party may visit the premises during regular 26 business hours. The responsible party may require that the 27 livestock be examined by a veterinarian designated by the 28 responsible party. 29 c. A veterinarian who participates in making a decision 30 under this section shall not be involved in maintaining 31 the livestock if the livestock is removed from the premises 32 pursuant to court order as provided in this section. 33 d. The local authority shall provide for the return of the 34 animal to the responsible party, if a veterinarian designated 35 -6- LSB 1057XS (5) 89 da/ns 6/ 23

S.F. 302 by the enforcement agency determines that the livestock’s 1 removal is no longer required to prevent its death. 2 Sec. 8. NEW SECTION . 717.2D Permanent dispositional 3 proceedings. 4 1. A court ordering the temporary disposition of livestock 5 pursuant to section 717.2C shall determine if the livestock has 6 been neglected. 7 a. The hearing to determine if the livestock has been 8 neglected shall be a civil proceeding. If the case is related 9 to a criminal proceeding, the disposition shall not be part of 10 that proceeding and shall not be considered a criminal penalty 11 imposed on a person found in violation of this chapter. 12 b. The hearing shall be conducted within ten days after 13 the court’s issuance of an order for temporary disposition. 14 However, the responsible party shall be provided adequate time 15 to obtain legal counsel prior to any court proceeding related 16 to the livestock’s temporary disposition. In making the 17 determination, the court shall consider all circumstances in 18 the case. The court may continue the hearing for up to thirty 19 days upon motion by a party and for good cause. However, the 20 court shall hold a hearing immediately if it is satisfied by 21 clear and convincing evidence that the livestock is permanently 22 distressed by disease or injury to a degree that would result 23 in severe or prolonged suffering. 24 c. A statement made by the owner of the livestock or an 25 enterprise representative to a law enforcement officer is 26 inadmissible, unless the statement is made without coercion 27 or inducement, and is recorded by the law enforcement officer 28 using video and audio equipment as required in section 717.2B. 29 2. If a court determines that the livestock is not 30 neglected, the court shall order that the livestock be 31 immediately returned to the responsible party. 32 a. The court may order the responsible party to be awarded 33 court costs and reasonable investigative fees, attorney fees, 34 communication expenses, witness fees and expenses, and travel 35 -7- LSB 1057XS (5) 89 da/ns 7/ 23

S.F. 302 expenses, which shall be taxed as part of the costs of the 1 action. 2 b. A local authority or the department who is a party to 3 the case, and a veterinarian who signs a statement providing 4 for the removal of the livestock, as provided in section 5 717.2C, shall be jointly and severally liable for any damages 6 incurred by the owner and enterprise proximately caused by 7 the livestock’s removal and maintenance at the alternative 8 premises. 9 c. If removed livestock is returned to the responsible 10 party, each veterinarian who signed a statement to remove the 11 livestock shall be subject to a fine of not less than one 12 thousand dollars and not more than five thousand dollars. Each 13 such livestock removed shall be considered a separate offense. 14 The moneys from the fine shall be deposited in the general fund 15 of the state. 16 d. If livestock is not returned to the responsible party 17 within thirty days, and the owner of the livestock has not 18 voluntarily relinquished the livestock, title to the livestock 19 is deemed transferred to the local authority. In that case, 20 the local authority shall reimburse persons who have legal 21 interest in the livestock as provided in subsection 3. 22 3. a. If the court determines that livestock is neglected, 23 the court shall order the local authority to permanently 24 dispose of the neglected livestock by sale or in any other 25 manner deemed appropriate for the welfare of the livestock. 26 The hearing shall be conducted within thirty days after the 27 determination, unless the court grants a continuance for good 28 cause. If the livestock is sold, all of the following apply: 29 (1) Within ten business days before the hearing, the local 30 authority shall deliver a written notice of the hearing to each 31 person who is known to have a legal interest in the livestock. 32 (2) Within fourteen business days before the hearing, the 33 local authority shall publish a notice of the hearing in a 34 newspaper of general circulation in the county. 35 -8- LSB 1057XS (5) 89 da/ns 8/ 23

S.F. 302 b. Any person having a legal interest in the livestock and 1 appearing at the hearing shall be a party to the case and shall 2 be provided with the opportunity to prove an interest in the 3 livestock. Any proceeds received by the party from the sale of 4 the livestock shall be subtracted from dispositional expenses 5 incurred by the local authority in maintaining and disposing 6 of the livestock. 7 c. This subsection shall not be construed to limit, 8 restrict, impair, or subordinate the rights of a secured party 9 or lender having a security interest in the livestock or 10 proceeds from the sale of the livestock. 11 Sec. 9. Section 717.5, Code 2021, is amended to read as 12 follows: 13 717.5 Disposition of neglected livestock in immediate need 14 of sustenance . 15 1. a. A court shall order the disposition of livestock 16 neglected as provided in section 717.2 or livestock in 17 immediate need of sustenance and associated products as 18 provided in sections 717.3 and 717.4 in accordance with this 19 section . 20 (1) A petition may be filed by a local authority or a person 21 owning or caring for the livestock pursuant to section 717.2 . 22 (2) b. A petition may be filed by the department. The 23 court shall notify interested persons in the same manner 24 as provided in section 717.3 . The petition may be filed 25 separately or with a petition filed pursuant to section 717.3 . 26 b. c. The matter shall be heard by the court within ten 27 days from the filing of the petition. 28 (1) For livestock alleged to be neglected under section 29 717.2 , the court may continue the hearing for up to forty 30 days upon petition by the person. However, the person shall 31 post a bond or other security with the local authority in an 32 amount determined by the court, which shall not be more than 33 the amount sufficient to provide for the maintenance of the 34 livestock for forty days. The court may grant a subsequent 35 -9- LSB 1057XS (5) 89 da/ns 9/ 23

S.F. 302 continuance by the person for the same length of time if the 1 person submits a new bond or security. 2 (2) For livestock alleged to be in immediate need of 3 sustenance under section 717.3 , the The court may continue the 4 hearing for up to forty days upon petition by the department. 5 The department may file and the court may grant one or more 6 subsequent continuances each for up to forty days. The 7 department is not required to post a bond or other security. 8 c. d. Notwithstanding paragraph “b” , the court shall order 9 the immediate disposition of livestock if the livestock is 10 permanently distressed by disease or injury to a degree that 11 would result in severe or prolonged suffering. 12 2. The hearing to determine if livestock has been neglected 13 under section 717.2 for purposes of disposition shall be 14 a civil proceeding. If the case is related to a criminal 15 proceeding under section 717.2 , the disposition shall not be 16 part of that proceeding and shall not be considered a criminal 17 penalty imposed on a person found in violation of section 18 717.2 . 19 3. 2. A court may order a person owning the livestock 20 neglected under section 717.2 or in immediate need of 21 sustenance under section 717.3 to pay an amount associated with 22 expenses associated with the livestock as follows: 23 a. (1) For livestock neglected under section 717.2 , the 24 amount shall not be more than for expenses incurred by the 25 local authority in maintaining and disposing of the neglected 26 livestock rescued pursuant to section 717.2A , and reasonable 27 attorney fees and expenses related to the investigation of the 28 case. The remaining amount of a bond or other security posted 29 pursuant to subsection 1 shall be used to reimburse the local 30 authority. 31 (2) For livestock in immediate need of sustenance under 32 section 717.3 , the . The amount shall not be more than for 33 expenses incurred by the department in providing sustenance to 34 and disposing of the neglected livestock as provided in section 35 -10- LSB 1057XS (5) 89 da/ns 10/ 23

S.F. 302 717.3 and this section . The amount paid to the department 1 shall be sufficient to allow the department to repay the 2 livestock remediation fund as provided in section 459.501 . If 3 b. If more than one person has a divisible ownership 4 interest in the livestock, the amount required to be paid 5 shall be prorated based on the percentage of interest in the 6 livestock owned by each person. The moneys shall be paid to 7 the local authority or department incurring the expense as 8 provided in paragraph “a” . The amount paid to the department 9 shall be subtracted from proceeds owed to the owner or owners 10 of the livestock, which are received from the sale of the 11 livestock ordered by the court. 12 c. (1) Moneys owed to the local authority from the sale of 13 neglected livestock that have been rescued by a local authority 14 pursuant to section 717.2A shall be paid to the local authority 15 before satisfying indebtedness secured by any security interest 16 in or lien on the livestock. Moneys owed to the department 17 from the sale of livestock in immediate need of sustenance and 18 associated products shall be paid to the department according 19 to its priority status as a lienholder as provided in section 20 717.4 . 21 (2) If an owner of the livestock is a landowner, the 22 local authority may submit an amount of the moneys owed to 23 the clerk of the county board of supervisors who shall report 24 the amount to the county treasurer. The amount shall equal 25 the balance remaining after the sale of the livestock. If 26 the livestock owner owns a percentage of the livestock, the 27 reported amount shall equal the remaining balance owed by all 28 landowners who own a percentage of the livestock. That amount 29 shall be prorated among the landowners based on the percentage 30 of interest in the livestock attributable to each landowner. 31 The amount shall be placed upon the tax books, and collected 32 with interest and penalties after due, in the same manner as 33 other unpaid property taxes. The county shall reimburse a city 34 within thirty days from the collection of the property taxes. 35 -11- LSB 1057XS (5) 89 da/ns 11/ 23

S.F. 302 4. Neglected livestock ordered to be destroyed shall be 1 destroyed only by a humane method, including euthanasia as 2 defined in section 162.2 . 3 Sec. 10. Section 717B.1, subsections 2, 8, and 11, Code 4 2021, are amended by striking the subsections. 5 Sec. 11. Section 717B.1, Code 2021, is amended by adding the 6 following new subsections: 7 NEW SUBSECTION . 8A. “Enforcement agency” means any of the 8 following: 9 a. A local authority. 10 b. The department. 11 NEW SUBSECTION . 8B. “Enforcement officer” means a person 12 regularly employed by an enforcement agency to conduct 13 investigations in which a person may be subject to a criminal 14 or civil proceeding. 15 NEW SUBSECTION . 8C. “Enterprise” means a person operating 16 on a profit or nonprofit basis, that exercises care, custody, 17 or control of an animal. 18 NEW SUBSECTION . 8D. “Enterprise representative” means a 19 person authorized to act on behalf of the enterprise, including 20 but not limited to a shareholder, member, officer, director, or 21 employee of a corporation, or a member or manager of a limited 22 liability company. 23 Sec. 12. Section 717B.1, subsection 14, Code 2021, is 24 amended to read as follows: 25 14. “Responsible party” means a person who owns or maintains 26 assumes liability for an animal as ordered by a court pursuant 27 to section 717B.11 or 717B.12 . 28 Sec. 13. NEW SECTION . 717B.10 Investigations. 29 1. An enforcement officer conducting an investigation of 30 alleged animal mistreatment of a threatened animal shall not 31 enter onto the premises where the animal is maintained, unless 32 all of the following apply: 33 a. A complaint alleging the animal mistreatment of a 34 threatened animal has been filed with the enforcement agency 35 -12- LSB 1057XS (5) 89 da/ns 12/ 23

S.F. 302 employing the enforcement officer. Prior to entry, the 1 enforcement officer shall provide a copy of the complaint, 2 including any associated documents and the names and addresses 3 of witnesses, to the owner of the animal. However, if the 4 animal is controlled by an enterprise, the enforcement officer 5 shall provide a copy of the complaint to the enterprise 6 representative. 7 b. Any of the following apply: 8 (1) The owner of the animal holding title to the premises 9 consents to the enforcement officer’s entry, or if the animal 10 is held by an enterprise, an enterprise representative consents 11 to the entry. 12 (2) The enforcement officer obtains a search warrant issued 13 by the district court in the same county as where the premises 14 are located. The search warrant and search shall comply with 15 the requirements of chapter 808. The search warrant shall 16 include the location of the premises and the name of the title 17 holder of the premises; the names and titles of the persons 18 conducting the search; and the time, date, and place of the 19 search. The search warrant must be signed and dated by the 20 magistrate issuing the search warrant. The warrant is void if 21 any error in the search warrant is discovered. If the warrant 22 is void, the enforcement officer shall not enter onto or remain 23 on the premises until a new warrant is obtained or the owner or 24 enterprise representative consents to the entry. 25 2. A person, other than a veterinarian, shall not accompany 26 an enforcement officer onto the premises, unless the owner of 27 the premises consents to the entry. 28 3. During the enforcement officer’s investigation on the 29 premises where the animal is maintained, all of the following 30 apply: 31 a. The owner of the animal and any enterprise representative 32 may accompany the enforcement officer, unless the owner or 33 enterprise representative interferes with the investigation 34 or threatens the enforcement officer. Standing within close 35 -13- LSB 1057XS (5) 89 da/ns 13/ 23

S.F. 302 proximity of the enforcement officer does not constitute 1 interference or a threat, unless the act impedes the 2 enforcement officer’s path. 3 b. An enforcement officer shall not in any manner coerce 4 or threaten the owner of the animal or any enterprise 5 representative. Any verbal statement or promise made by an 6 enforcement officer to the owner of the animal or enterprise 7 representative that relates to relinquishing the animal shall 8 be deemed coercion. 9 c. The enforcement officer shall provide the owner of the 10 animal and any enterprise representative a reasonable period to 11 obtain video and audio equipment to record the investigation. 12 The enforcement officer shall not interfere with the process 13 of recording the investigation. The owner of the animal and 14 any enterprise representative shall retain custody of and all 15 rights to their recording. This paragraph does not prohibit 16 an enforcement agency from making an official recording of the 17 investigation. The official recording shall be a confidential 18 record subject to the same requirements as a peace officer’s 19 investigative report pursuant to section 22.7. 20 Sec. 14. NEW SECTION . 717B.11 Temporary dispositional 21 proceedings. 22 1. Based on an investigation of a complaint alleging animal 23 mistreatment of a threatened animal as provided in section 24 717B.10, a court sitting in the county where the premises 25 maintaining the animal is located may order the temporary 26 disposition of the animal. 27 2. Prior to issuing the order, the enforcement agency must 28 provide the court with a statement signed by two veterinarians 29 who visited the premises and examined the animal. 30 a. The first veterinarian shall be designated by the 31 enforcement agency and the second veterinarian shall be 32 designated by the owner of the animal. If the animal is under 33 the control of an enterprise, the second veterinarian shall 34 be designated pursuant to a written agreement entered into by 35 -14- LSB 1057XS (5) 89 da/ns 14/ 23

S.F. 302 the owner of the animal and the enterprise representative. 1 If necessary, the determination shall be made by a third 2 veterinarian designated by written agreement pursuant to 3 the enforcement agency and the owner of the animal or the 4 enterprise representative as agreed to by the owner and 5 enterprise representative. 6 b. The statement must be accompanied by all of the 7 following: 8 (1) A video and audio recording of the examination 9 and documentation that identifies the animal by name; any 10 identifying mark, microchip, tattoo, or ear tag; and the 11 animal’s species, sex, height, and weight. 12 (2) The reasons for the temporary disposition including 13 the specific reasons why removal is necessary, including any 14 specific illness, disease, or injury that requires removal, and 15 the treatment to be prescribed. 16 c. The statement shall be signed by each veterinarian making 17 the determination and a copy of the signed statement shall be 18 provided to the owner of the animal. If the animal is under the 19 control of an enterprise, a copy of the signed statement shall 20 be provided to an enterprise representative. 21 3. If necessary, the court shall designate the owner of the 22 animal or enterprise representative as the responsible party 23 in the matter of temporary disposition under this section or 24 permanent disposition under section 717B.12. 25 4. a. As part of the temporary disposition, the court may 26 require that a qualified person approved by the court make 27 regular visits to the premises where the animal is maintained 28 to ensure that the animal receives adequate care as required 29 by the court. 30 b. Notwithstanding paragraph “a” , the court may require the 31 animal’s removal to an alternative premises, if the removal 32 of the animal is necessary to treat the animal suffering from 33 a condition that if not treated would likely result in the 34 animal’s death, and no veterinarian is available to provide 35 -15- LSB 1057XS (5) 89 da/ns 15/ 23

S.F. 302 such treatment on the premises. 1 c. A local authority or the department may contract with 2 an animal care provider for the maintenance of the animal. 3 The local authority or the department shall pay the animal 4 care provider for the animal’s maintenance regardless of 5 proceeds received from the disposition of the animal or any 6 reimbursement ordered by a court pursuant to section 717B.12. 7 5. During the period of temporary disposition, the animal 8 shall not be subject to any veterinary procedure, unless any 9 of the following apply: 10 a. The responsible party consents to the procedure. The 11 consent shall be in the form of a statement signed and dated by 12 the responsible party and notarized as provided in chapter 9B. 13 The responsible party shall receive a copy of the completed 14 consent form. The responsible party may elect to have the 15 medical procedure performed by a veterinarian designated by the 16 responsible party. 17 b. A court order requires the procedure to be performed. 18 6. a. If the animal is maintained on the premises, the 19 responsible party may provide for the care of the animal at any 20 time. 21 b. If the animal is removed to be maintained at an 22 alternative premises under the control of a local authority 23 or the department, the responsible party may visit the 24 premises during regular business hours. The responsible party 25 may require that the animal be examined by a veterinarian 26 designated by the responsible party. 27 c. A veterinarian who participates in making a decision 28 under this section shall not be involved in maintaining the 29 animal if the animal is removed from the premises pursuant to 30 court order as provided in this section. 31 d. The local authority or the department shall provide 32 for the return of the animal to the responsible party, if 33 a veterinarian designated by the local authority or the 34 department determines that the livestock’s removal is no longer 35 -16- LSB 1057XS (5) 89 da/ns 16/ 23

S.F. 302 required to prevent its death. 1 Sec. 15. NEW SECTION . 717B.12 Permanent dispositional 2 proceedings. 3 1. A court ordering the temporary disposition of an animal 4 pursuant to section 717B.11 shall determine if the animal is a 5 threatened animal. 6 a. The hearing to determine if the animal is a threatened 7 animal shall be a civil proceeding. If the case is related to 8 a criminal proceeding, the disposition shall not be part of 9 that proceeding and shall not be considered a criminal penalty 10 imposed on a person found in violation of this chapter. 11 b. The hearing shall be conducted within ten days after 12 the court’s issuance of an order for temporary disposition. 13 However, the responsible party shall be provided adequate 14 time to obtain legal counsel prior to any court proceeding 15 related to the animal’s temporary disposition. In making the 16 determination, the court shall consider all circumstances in 17 the case. The court may continue the hearing for up to thirty 18 days upon motion by a party and for good cause. However, the 19 court shall hold a hearing immediately if it is satisfied by 20 clear and convincing evidence that the animal is permanently 21 distressed by disease or injury to a degree that would result 22 in severe or prolonged suffering. 23 c. A statement made by the owner of the animal or an 24 enterprise representative to an enforcement officer is 25 inadmissible, unless the statement is made without coercion or 26 inducement, and is recorded by the enforcement officer using 27 video and audio equipment as required in section 717B.10. 28 2. If a court determines that an animal is not a threatened 29 animal, the court shall order that the animal be immediately 30 returned to the responsible party. 31 a. The court may order the responsible party to be awarded 32 court costs and reasonable investigative fees, attorney fees, 33 communication expenses, witness fees and expenses, and travel 34 expenses, which shall be taxed as part of the costs of the 35 -17- LSB 1057XS (5) 89 da/ns 17/ 23

S.F. 302 action. 1 b. A local authority or the department who is a party to 2 the case, and a veterinarian who signs a statement providing 3 for the removal of the animal, as provided in section 4 717B.11, shall be jointly and severally liable for any damages 5 incurred by the owner and enterprise proximately caused by 6 the livestock’s removal and maintenance at the alternative 7 premises. 8 c. If the removed animal is returned to the responsible 9 party, each veterinarian who signed a statement to remove the 10 animal shall be subject to a fine of not less than one thousand 11 dollars and not more than five thousand dollars. Each such 12 animal removed shall be considered a separate offense. The 13 moneys from the fine shall be deposited in the general fund of 14 the state. 15 d. If the animal is not returned to the responsible party 16 within thirty days, and the owner of the animal has not 17 voluntarily relinquished the animal, title to the animal is 18 deemed transferred to the local authority or the department 19 who is a party to the case. In that case, the local authority 20 or the department shall reimburse any person who has a legal 21 interest in the animal as provided in subsection 3. 22 3. a. If the court determines that the animal is 23 threatened, the court shall order the local authority, or 24 the department, as applicable, to permanently dispose of 25 the threatened animal by sale or in any other manner deemed 26 appropriate for the welfare of the livestock. The hearing 27 shall be conducted within thirty days after the determination, 28 unless the court grants a continuance for good cause. If the 29 animal is sold, all of the following apply: 30 (1) Within ten business days before the hearing, the local 31 authority or the department who is a party in the case shall 32 deliver a written notice of the hearing to each person who is 33 known to have a legal interest in the animal. 34 (2) Within fourteen business days before the hearing, the 35 -18- LSB 1057XS (5) 89 da/ns 18/ 23