House File 2240 - IntroducedA Bill ForAn Act 1relating to the management of the spread of diseases in
2animals, and including effective date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 163.2, subsection 5, Code 2020, is
2amended to read as follows:
   35.  “Infectious or contagious disease” means glanders, farcy,
4maladie du coit (dourine), anthrax, foot and mouth disease,
5scabies, classical swine fever, tuberculosis, brucellosis,
6vesicular exanthema, scrapie, rinderpest, chronic wasting
7disease,
avian influenza or Newcastle disease as provided in
8chapter 165B, pseudorabies as provided in chapter 166D, or any
9other transmissible, transferable, or communicable disease so
10designated by the department.
11   Sec. 2.  Section 481A.38, subsection 1, Code 2020, is amended
12to read as follows:
   131.  a.  The commission may upon its own motion and after an
14investigation, alter, limit, or restrict the methods or means
15employed and the instruments or equipment used in taking wild
16mammals, birds subject to section 481A.48, fish, reptiles,
17and amphibians, if the investigation reveals that the action
18would be desirable or beneficial in promoting the interests of
19conservation, or the commission may, after an investigation
20when it is found there is imminent danger of loss of fish
21through natural causes, authorize the taking of fish by means
22found advisable to salvage imperiled fish populations
.
   23b.  The commission shall act to prevent, control, or
24eradicate an infectious or contagious disease in any wild
25animal as necessary to comply with section 456A.23. After
26an investigation when it is found there is imminent danger
27of loss of fish through natural causes, the commission may
28authorize the taking of fish by means found advisable to
29salvage imperiled fish populations.
   30c.  Upon the discovery of an infectious or contagious disease
31in any wild animal, the commission may establish a wild animal
32disease management zone and take such actions within the zone
33as are necessary to protect wild animal health and conserve
34biological balance. Such actions are limited to establishing
35special seasons, preventing the artificial movement of wild
-1-1animals, wild animal carcasses, or parts thereof, and requiring
2disease sample collection from harvested wild animals. The
3commission shall give not less than twenty-four hours’ notice
4by mail or electronic means to all landowners within a proposed
5disease management zone before establishing the zone and such
6notice shall identify the specific activity requirements or
7restrictions imposed in the zone that shall apply to public
8lands within the zone.
   9d.  In administering paragraph “c”, all of the following
10shall apply:
   11(1)  A state biologist or conservation officer may go to a
12residence or approach a private landowner or tenant to provide
13information regarding the wild animal disease prevention,
14containment, and eradication efforts underway in the area.
   15(2)  A state biologist or conservation officer may go to a
16residence or approach a private landowner or tenant to request
17and obtain written or verbal permission to collect wildlife
18samples.
   19b.    e.  The commission shall adopt a rule permitting a
20crossbow to be used only by individuals with disabilities
21who are physically incapable of using a bow and arrow under
22the conditions in which a bow and arrow is permitted. The
23commission shall prepare an application to be used by an
24individual requesting the status. The application shall
25require the individual’s physician to sign a statement
26declaring that the individual is not physically able to use a
27bow and arrow.
28   Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of immediate
29importance, takes effect upon enactment.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
   33This bill relates to control of infectious diseases in
34animals.
   35The bill amends the definition of “infectious or contagious
-2-1disease” in Code section 163.2 to include chronic wasting
2disease. By operation of law, the bill allows the department
3of agriculture and land stewardship to adopt rules and exercise
4certain powers to control the spread of chronic wasting disease
5in animals under the department’s jurisdiction.
   6The bill requires the natural resource commission to act
7to prevent, control, or eradicate an infectious or contagious
8disease in any wild animal. The bill authorizes the commission
9to establish a disease management zone for any wild animal,
10upon the finding of an infectious or contagious disease in a
11population of that animal, and take certain actions to prevent
12the spread of disease through that animal population.
   13The bill allows a state biologist or conservation officer to
14go to a residence or approach a private landowner or tenant to
15provide information regarding wild animal disease prevention,
16containment, and eradication efforts in the area or to request
17and obtain permission to collect wildlife samples.
   18The bill takes effect upon enactment.
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