SSB 1195 (LSB 2351XC (1) 89)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON AGRICULTURE BILL BY CHAIRPERSON ZUMBACH)

A BILL FOR

An Act limiting local legislation that prohibits the operation of an animal enterprise or the use of a working animal.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  189.32  Limits on local legislation —— animal enterprises and working animals.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Animal” means any nonhuman vertebrate life form.
   b.  (1)  “Animal enterprise” means a commercial or academic enterprise that uses or sells animals or animal products for profit, food or fiber production, agriculture, education, research, or testing. 
   (2)  “Animal enterprise” includes but is not limited to any of the following:
   (a)  A zoo, aquarium, commercial establishment as defined in section 162.2, furrier, circus, or person licensed by the United States department of agriculture as provided in 9 C.F.R. ch. 1.
   (b)  A domesticated animal event as defined in section 673.1 or lawful competitive animal event.
   (c)  Any event intended to exhibit or advance agricultural arts and sciences.
   c.  “Financial hardship” means to impose a change of the financial condition of a person that causes a significant and prolonged disruption to the person’s ability to meet regular expenses and service existing debts by using the person’s current net income.
   d.  “Local governmental entity” means any political subdivision, or any state authority which is not the general assembly, a court, or under the direction of a principal central department as enumerated in section 7E.5, including a city as defined in section 362.2, a county as provided in chapter 331, or any special purpose district.
   e.  “Local legislation” means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a local governmental entity.
   f.  “Working animal” means an animal used for performing a specific duty or function in commerce, including but not limited to entertainment, transportation, education, or exhibition. 
   2.  a.  Notwithstanding any provision of law to the contrary, a local governmental entity shall not adopt, administer, enforce, or continue in effect local legislation in a manner that prohibits or effectively prohibits the operation of an animal enterprise or the use of a working animal. 
   b.  Local legislation effectively prohibits the operation of an animal enterprise or use of a working animal if the local legislation would cause a person operating the animal enterprise or using the working animal to incur a financial hardship.
   3.  Local legislation described in subsection 2 that was adopted prior to the effective date of this Act is void and unenforceable on and after the effective date of this Act. 
   4.  This section does not apply to limit a local governmental entity from adopting, administering, enforcing, or continuing in effect local legislation, if the local legislation is to administer or enforce a state or federal law and the state or federal government allows or requires the local legislation.
    Sec. 2.  NEW SECTION.  331.304B  Limits on county legislation —— animal enterprises and working animals.
   County legislation that regulates an animal enterprise or working animal is preempted by state law as provided in section 189.32.
    Sec. 3.  NEW SECTION.  380.12  Limits on city legislation —— animal enterprises and working animals. 
   City legislation that regulates an animal enterprise or working animal is preempted by state law as provided in section 189.32.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill limits a local governmental entity such as a county or city from adopting, administering, enforcing, or continuing in effect local legislation that prohibits or effectively prohibits the operation of an animal enterprise or the use of a working animal. The test to determine an effective prohibition is whether it imposes a financial hardship. 
   The bill provides that an animal enterprise is a commercial or academic enterprise that uses or sells animals or animal products for profit, food or fiber production, agriculture, education, research, or testing. A working animal is an animal used to perform a specific duty or function in commerce. 
   The bill’s limitation does not prevent a local governmental entity from administering or enforcing a state or federal law if the local government entity is required or allowed by the state or federal government to do so.