Senate File 2301 - Reprinted SENATE FILE 2301 BY COMMITTEE ON COMMERCE (SUCCESSOR TO SSB 3159) (As Amended and Passed by the Senate March 12, 2012 ) A BILL FOR An Act providing for the payment of expenses incurred by a 1 local authority when providing for rescue, maintenance, or 2 disposition of certain animals in commercial establishments. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 2301 (3) 84 da/nh/jh
S.F. 2301 Section 1. Section 162.2, Code 2011, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 12A. “Dispositional expenses” means the 3 same as defined in section 717B.1. 4 NEW SUBSECTION . 16A. “Local authority” means the same as 5 defined in section 717B.1. 6 Sec. 2. Section 162.2C, Code 2011, is amended by adding the 7 following new subsections: 8 NEW SUBSECTION . 2A. The fiscal year of the fund begins July 9 1 and ends June 30. Fiscal quarters of the fund begin July 1, 10 October 1, January 1, and April 1. 11 NEW SUBSECTION . 2B. The fund shall include two accounts, a 12 general account and a dispositional account. 13 a. Except as provided in paragraph “b” , the general account 14 is composed of all moneys deposited in the fund as provided 15 in subsection 2. The department shall utilize moneys in 16 the general account to provide for the administration and 17 enforcement of this chapter. 18 b. The dispositional account is composed of all fees 19 collected pursuant to section 162.2B, until the department 20 determines that the account has achieved a threshold of 21 at least two hundred fifty thousand dollars. At the end 22 of each fiscal quarter the department shall determine the 23 balance of unencumbered and unobligated moneys in the account, 24 and may transfer any moneys in the account exceeding the 25 threshold to the general account. The department shall 26 return any unexpended and unobligated moneys expended from the 27 dispositional account back to that account, or the general 28 account if the dispositional account’s threshold is achieved. 29 Sec. 3. NEW SECTION . 162.2D Payment of dispositional 30 expenses incurred by local authorities. 31 1. The department shall utilize the moneys deposited into 32 the dispositional account of the commercial establishment fund 33 created in section 162.2C to pay eligible claims submitted to 34 the department by local authorities for dispositional expenses 35 -1- SF 2301 (3) 84 da/nh/jh 1/ 3
S.F. 2301 incurred by the local authority, including by providing for the 1 maintenance of a vertebrate animal subject to a court hearing 2 pursuant to section 717B.4 or rescued pursuant to section 3 717B.5. This section does not apply to livestock as defined 4 in section 717.1. 5 2. The department shall pay an eligible claim according to 6 procedures adopted by departmental rule. In order for a claim 7 to be eligible, all of the following must apply: 8 a. At the time of the hearing for the disposition of the 9 vertebrate animal or the rescue of the vertebrate animal, the 10 vertebrate animal must have been possessed or controlled by 11 a commercial establishment that possessed or controlled more 12 than twenty vertebrate animals at any one time during the prior 13 twelve months. 14 b. The commercial establishment must be required to operate 15 pursuant to an authorization issued or renewed pursuant 16 to section 162.2A, regardless of whether the commercial 17 establishment is actually issued or renewed such authorization. 18 c. The dispositional expenses must be actually and 19 reasonably incurred by the local authority, including by an 20 animal care provider providing for the maintenance of the 21 vertebrate animal under contract with the local authority. 22 d. The local authority must submit the claim to the 23 department according to procedures established by rules adopted 24 by the department. A claim is not eligible if submitted twelve 25 months or more after the local authority has incurred its final 26 dispositional expense. 27 3. A claim is eligible for payment even if any of the 28 following applies: 29 a. The responsible party has posted a bond or other security 30 with the local authority as provided in section 717B.4. 31 b. The local authority may receive a future payment for the 32 dispositional expense from a responsible party as provided in 33 section 717B.4. 34 4. Upon a determination that the claim is eligible, the 35 -2- SF 2301 (3) 84 da/nh/jh 2/ 3
S.F. 2301 department shall provide for payment to the local authority 1 of one hundred percent of the claimed amount. If there are 2 insufficient moneys in the dispositional account to make full 3 payment of all eligible claims, the department shall prorate 4 the payment amounts and defer the remaining payment until the 5 dispositional account again contains sufficient moneys. 6 5. A local authority shall repay the department for the 7 claim amount from any moneys received by the local authority 8 from a responsible party for dispositional expenses pursuant to 9 section 717B.4. The department shall deposit the moneys in the 10 commercial establishment fund as provided in section 162.2C. 11 Sec. 4. Section 717B.1, Code 2011, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 3A. “Department” means the department of 14 agriculture and land stewardship. 15 Sec. 5. NEW SECTION . 717B.5A Dispositional expenses —— 16 commercial establishment fund. 17 A local authority may submit a claim to the department to 18 pay for dispositional expenses incurred by the local authority 19 if the local authority complies with the requirements provided 20 in section 162.2D. 21 -3- SF 2301 (3) 84 da/nh/jh 3/ 3