Senate File 483 - Introduced SENATE FILE 483 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SSB 1195) A BILL FOR An Act limiting local legislation that prohibits the operation 1 of an animal enterprise or the use of a working animal. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2351SV (2) 89 da/ns

S.F. 483 Section 1. NEW SECTION . 189.32 Limits on local legislation 1 —— animal enterprises and working animals. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Animal” means any nonhuman vertebrate life form. 5 b. (1) “Animal enterprise” means a commercial or academic 6 enterprise that uses or sells animals or animal products for 7 profit, food or fiber production, agriculture, education, 8 research, or testing. 9 (2) “Animal enterprise” includes but is not limited to any 10 of the following: 11 (a) A zoo, aquarium, commercial establishment as defined 12 in section 162.2, furrier, circus, or person licensed by the 13 United States department of agriculture as provided in 9 C.F.R. 14 ch. 1. 15 (b) A domesticated animal event as defined in section 673.1 16 or lawful competitive animal event. 17 (c) Any event intended to exhibit or advance agricultural 18 arts and sciences. 19 c. “Financial hardship” means to impose a change of the 20 financial condition of a person that causes a significant and 21 prolonged disruption to the person’s ability to meet regular 22 expenses and service existing debts by using the person’s 23 current net income. 24 d. “Local governmental entity” means any political 25 subdivision, or any state authority which is not the general 26 assembly, a court, or under the direction of a principal 27 central department as enumerated in section 7E.5, including 28 a city as defined in section 362.2, a county as provided in 29 chapter 331, or any special purpose district. 30 e. “Local legislation” means any ordinance, motion, 31 resolution, amendment, regulation, or rule adopted by a local 32 governmental entity. 33 f. “Working animal” means an animal used for performing 34 a specific duty or function in commerce, including but not 35 -1- LSB 2351SV (2) 89 da/ns 1/ 3

S.F. 483 limited to entertainment, transportation, education, or 1 exhibition. 2 2. a. Notwithstanding any provision of law to the contrary, 3 a local governmental entity shall not adopt, administer, 4 enforce, or continue in effect local legislation in a manner 5 that prohibits or effectively prohibits the operation of an 6 animal enterprise or the use of a working animal. 7 b. Local legislation effectively prohibits the operation 8 of an animal enterprise or use of a working animal if the 9 local legislation would cause a person operating the animal 10 enterprise or using the working animal to incur a financial 11 hardship. 12 3. Local legislation described in subsection 2 that was 13 adopted prior to the effective date of this Act is void and 14 unenforceable on and after the effective date of this Act. 15 4. This section does not apply to limit a local governmental 16 entity from adopting, administering, enforcing, or continuing 17 in effect local legislation, if any of the following apply: 18 a. The local legislation is to administer or enforce a state 19 or federal law and the state or federal government allows or 20 requires the local legislation. 21 b. The local legislation establishes or modifies zoning or a 22 zoning classification. 23 Sec. 2. NEW SECTION . 331.304B Limits on county legislation 24 —— animal enterprises and working animals. 25 County legislation that regulates an animal enterprise or 26 working animal is preempted by state law as provided in section 27 189.32. 28 Sec. 3. NEW SECTION . 380.12 Limits on city legislation —— 29 animal enterprises and working animals. 30 City legislation that regulates an animal enterprise or 31 working animal is preempted by state law as provided in section 32 189.32. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -2- LSB 2351SV (2) 89 da/ns 2/ 3

S.F. 483 the explanation’s substance by the members of the general assembly. 1 This bill limits a local governmental entity such as a county 2 or city from adopting, administering, enforcing, or continuing 3 in effect local legislation that prohibits or effectively 4 prohibits the operation of an animal enterprise or the use of a 5 working animal. The test to determine an effective prohibition 6 is whether it imposes a financial hardship. 7 The bill provides that an animal enterprise is a commercial 8 or academic enterprise that uses or sells animals or animal 9 products for profit, food or fiber production, agriculture, 10 education, research, or testing. A working animal is an animal 11 used to perform a specific duty or function in commerce. 12 The bill’s limitation does not prevent a local governmental 13 entity from administering or enforcing a state or federal law 14 if the local government entity is required or allowed by the 15 state or federal government to do so. The bill does not apply 16 to local legislation that establishes or modifies zoning or a 17 zoning classification. 18 -3- LSB 2351SV (2) 89 da/ns 3/ 3