SF 283 (LSB 2153XS (3) 90)

SENATE FILE 283

BY  DONAHUE

A BILL FOR

An Act prohibiting the declawing of cats, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  169B.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Cat” means a domesticated animal classified as belonging to the family felidae, subfamily felinae, and genus felis.
   2.  a.  “Declawing procedure” means any of the following:
   (1)  A procedure referred to as onychectomy, dactylectomy, phalangectomy, or tendonectomy.
   (2)  A procedure that removes a portion of the paw or digit of an animal in order to remove an animal’s claw.
   (3)  A procedure that cuts or modifies the tendon of the limb, paw, or digit of an animal in order to prohibit the normal movement of a claw.
   (4)  A procedure that prevents the normal functioning of one or more claws of an animal. 
   b.  “Declawing procedure” does not mean nail filing, nail trimming, or the placement of temporary nail caps on an animal’s claw.
   3.  a.  “Therapeutic purpose” means any action to address an existing or recurring infection, disease, injury, or abnormal condition in a claw, nail bed, or toe bone that jeopardizes the health of an animal and treating the infection, disease, injury, or abnormal condition constitutes a medical necessity. 
   b.  “Therapeutic purpose” does not mean an action performed for cosmetic or aesthetic reasons or reasons of convenience in the keeping or handling of an animal.
    Sec. 2.  NEW SECTION.  169B.2  Prohibition —— exception for therapeutic purpose.
   1.  A person shall not perform a declawing procedure on a cat.
   2.  Subsection 1 does not apply to a licensed veterinarian who performs a declawing procedure on a cat for a therapeutic purpose.
    Sec. 3.  NEW SECTION.  169B.3  Civil penalty —— scheduled violation.
   A violation of section 169B.2 is punishable as a scheduled violation under section 805.8C.
    Sec. 4.  NEW SECTION.  169B.4  Enforcement.
   This chapter may be enforced by any of the following:
   1.  A regularly employed member of a police force of a city or county, including a sheriff, who is responsible for the prevention and detection of crime and the enforcement of the criminal laws of this state.
   2.  A peace officer member of the department of public safety as defined in chapter 80.
    Sec. 5.  Section 805.8C, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  15.  Cat declawing.
   a.  For a violation of section 169B.2, the scheduled fine is a civil penalty. The amount of the scheduled fine is as follows:
   (1)  For an initial violation, the person shall be subject to a civil penalty in the amount of five hundred dollars.
   (2)  For a second violation committed within two years, the person shall be subject to a civil penalty in the amount of one thousand five hundred dollars.
   (3)  For a third or subsequent violation committed within five years, the person shall be subject to a civil penalty in the amount of two thousand five hundred dollars.
   b.  The amount of the civil penalty shall be deposited as follows:
   (1)  In the general fund of the county or city if the violation is enforced by a law enforcement officer of the county or city.
   (2)  In the general fund of the state if the violation is enforced by a peace officer member of the department of public safety as defined in chapter 80.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a person from declawing a cat unless the procedure is performed by a licensed veterinarian for a therapeutic purpose (new Code chapter 169B). A person who violates the provision is subject to a range of civil penalties from $500 for an initial violation, $1,500 for a second violation within two years, and $2,500 for a third or subsequent violation within five years. The offense is punishable as a scheduled violation, in which the amount of the civil penalty is deposited into the general fund of the county, city, or state depending upon the enforcement officer’s jurisdiction.