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Senate File 302 - IntroducedA Bill ForAn Act 1relating to animals subject to complaints alleging
2mistreatment, including by providing for the inspection of
3premises, the removal of animals, the care of animals in
4custody, and the disposition of animals by court order, and
5providing penalties.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 162.13, subsection 2, Code 2021, is
2amended to read as follows:
32. a. The failure of a person who owns or operates a
4commercial establishment to meet the standard of care required
5in section 162.10A, subsection 1, is a simple misdemeanor.
6b. (1) The animals are subject to seizure and impoundment
7and may be sold or destroyed as provided by rules which shall
8be adopted by the department pursuant to chapter 17A. The
9rules shall provide for the destruction of an animal by a
10humane method, including by euthanasia.
11(2) Notwithstanding subparagraph (1), if the department is
12investigating an allegation of animal mistreatment as provided
13in chapter 717B, the department shall inspect the commercial
14establishment, and provide for the animal’s temporary
15disposition as provided in section 717B.11 or permanent
16disposition as provided in section 717B.12.
17 Sec. 2. Section 602.6405, subsection 1, Code 2021, is
18amended to read as follows:
191. a. Magistrates have jurisdiction of simple misdemeanors
20regardless of the amount of the fine, including traffic and
21ordinance violations, and preliminary hearings, search warrant
22proceedings, county and municipal infractions, and small
23claims.
24b. Magistrates have jurisdiction to determine the
25disposition of livestock or another animal, as provided
26in sections 717.2C, 717.2D, and 717.5 and 717B.4, if the
27magistrate determines the value of the livestock or animal is
28less than ten thousand dollars. Magistrates have jurisdiction
29to determine the disposition of certain animals other than
30livestock as provided in sections 717B.11 and 717B.12, if the
31magistrate determines the value of the animals is less than ten
32thousand dollars.
33c. Magistrates have jurisdiction to exercise the powers
34specified in sections 556F.2 and 556F.12, and to hear
35complaints or preliminary informations, issue warrants, order
-1-1arrests, make commitments, and take bail. Magistrates have
2jurisdiction over violations of section 123.49, subsection 2,
3paragraph “h”.
4d. Magistrates who are admitted to the practice of law
5in this state have jurisdiction over all proceedings for the
6involuntary commitment, treatment, or hospitalization of
7individuals under chapters 125 and 229, except as otherwise
8provided under section 229.6A; nonlawyer. Nonlawyer
9 magistrates have jurisdiction over emergency detention and
10hospitalization proceedings under sections 125.91 and 229.22.
11Magistrates have jurisdiction to conduct hearings authorized
12under section 809.4.
13 Sec. 3. Section 670.4, subsection 1, paragraph m, Code 2021,
14is amended by striking the paragraph.
15 Sec. 4. Section 717.1, Code 2021, is amended by adding the
16following new subsections:
17 NEW SUBSECTION. 2C. “Enterprise” means a person operating
18on a profit or nonprofit basis, that exercises care, custody,
19or control of livestock.
20 NEW SUBSECTION. 2D. “Enterprise representative” means a
21person authorized to act on behalf of the enterprise, including
22but not limited to a shareholder, member, officer, director, or
23employee of a corporation, or a member or manager of a limited
24liability company.
25 NEW SUBSECTION. 7A. “Responsible party” means a person who
26assumes liability for livestock as ordered by a court pursuant
27to sections 717.2C and 717.2D.
28 Sec. 5. Section 717.1, subsection 5, Code 2021, is amended
29by striking the subsection.
30 Sec. 6. NEW SECTION. 717.2B Investigations.
311. A law enforcement officer conducting an investigation of
32alleged livestock negligence shall not enter onto the premises
33where the livestock is maintained, unless all of the following
34apply:
35a. A complaint alleging the livestock negligence has been
-2-1filed with the local authority. Prior to entry, the law
2enforcement officer shall provide a copy of the complaint,
3including any associated documents and the names and addresses
4of witnesses, to the owner of the livestock. However, if the
5livestock is controlled by an enterprise, the law enforcement
6officer shall provide a copy of the complaint to the enterprise
7representative.
8b. Any of the following apply:
9(1) The owner of the livestock holding title to the
10premises consents to the law enforcement officer’s entry,
11or if the livestock is held by an enterprise, an enterprise
12representative consents to the entry.
13(2) The law enforcement officer obtains a warrant issued by
14the district court in the same county where the premises are
15located. The search warrant and search shall comply with the
16requirements of chapter 808. The search warrant shall include
17the location of the premises and the name of the title holder
18of the premises; the names and titles of the persons conducting
19the search; and the time, date, and place of the search. The
20search warrant must be signed and dated by the magistrate
21issuing the search warrant. The warrant is void if any error
22in the search warrant is discovered. If the warrant is void,
23the law enforcement officer shall not enter onto or remain on
24the premises until a new search warrant is obtained or the
25owner of the livestock or enterprise representative consents
26to the entry.
272. A person, other than a veterinarian, shall not accompany
28a law enforcement officer onto the premises unless the owner of
29the premises consents to the entry.
303. During the law enforcement officer’s investigation on
31the premises where the livestock is maintained, all of the
32following apply:
33a. The owner of the livestock and any enterprise
34representative may accompany the law enforcement officer,
35unless the owner or enterprise representative interferes with
-3-1the investigation or threatens the law enforcement officer.
2Standing within close proximity of the law enforcement officer
3does not constitute interference or a threat, unless the act
4impedes the law enforcement officer’s path.
5b. A law enforcement officer shall not in any manner coerce
6or threaten the owner of the livestock or any enterprise
7representative. Any verbal statement or promise made by a law
8enforcement officer to the owner of the livestock or enterprise
9representative that relates to relinquishing livestock shall
10be deemed coercion.
11c. The law enforcement officer shall provide the owner of
12the livestock and any enterprise representative a reasonable
13period to obtain video and audio equipment to record the
14investigation. The law enforcement officer shall not interfere
15with the process of recording the investigation. The owner of
16the livestock and any enterprise representative shall retain
17custody of and all rights to their recording. This paragraph
18does not prohibit a law enforcement officer from making
19an official recording of the investigation. The official
20recording shall be a confidential record subject to the same
21requirements as a peace officer’s investigative report pursuant
22to section 22.7.
23 Sec. 7. NEW SECTION. 717.2C Temporary dispositional
24proceedings.
251. Based on an investigation of a complaint alleging
26livestock negligence as provided in section 717.2B, a court in
27the same county where the premises maintaining the livestock is
28located may order the temporary disposition of the livestock.
292. Prior to issuing the order, the law enforcement
30officer must provide the court with a statement signed by
31two veterinarians who visited the premises and examined the
32livestock.
33a. The first veterinarian shall be designated by the law
34enforcement officer and the second veterinarian shall be
35designated by the owner of the livestock. If the livestock is
-4-1under the control of an enterprise, the second veterinarian
2shall be designated pursuant to written agreement entered
3into by the owner of the livestock and the enterprise
4representative. If necessary, the determination shall be
5made by a third veterinarian designated pursuant to a written
6agreement entered into by the law enforcement officer and the
7owner of the livestock or the enterprise representative as
8agreed to by the owner and enterprise representative.
9b. The statement must be accompanied by all of the
10following:
11(1) A video and audio recording of the examination and
12documentation that identifies the livestock by name; any
13identifying mark, microchip, tattoo, or ear tag; and the
14livestock’s species, sex, height, and weight.
15(2) The reasons for the temporary disposition including
16the specific reasons why removal is necessary, including any
17specific illness, disease, or injury that requires removal, and
18the treatment to be prescribed.
19c. The statement shall be signed by each veterinarian making
20the determination and a copy of the signed statement shall
21be provided to the owner of the livestock. If the livestock
22is under the control of an enterprise, a copy of the signed
23statement shall be provided to an enterprise representative.
243. The court shall designate the owner of the livestock
25or enterprise representative as the responsible party in the
26matter of temporary disposition under this section or permanent
27disposition under section 717.2D.
284. a. As part of the temporary disposition, the court
29may require that a qualified person approved by the court
30make regular visits to the premises where the livestock is
31maintained to ensure that the livestock receives adequate care
32as required by the court.
33b. Notwithstanding paragraph “a”, the court may require the
34livestock’s removal to an alternative premises, if the removal
35of the livestock is necessary to treat the livestock suffering
-5-1from a condition that if not treated would likely result in the
2livestock’s death, and no veterinarian is available to provide
3such treatment on the premises.
4c. A local authority or the department may contract with a
5livestock care provider for the maintenance of the livestock.
6The local authority or the department shall pay the livestock
7care provider for the livestock’s maintenance regardless of
8proceeds received from the disposition of the livestock or any
9reimbursement ordered by a court pursuant to section 717.2D.
105. During the period of temporary disposition, the
11livestock shall not be subject to any veterinary procedure,
12unless any of the following apply:
13a. The responsible party consents to the procedure. The
14consent shall be in the form of a statement signed and dated
15by the responsible party and notarized as provided in chapter
169B. The responsible party shall receive a copy of the completed
17consent form. The responsible party may elect to have the
18medical procedure performed by a veterinarian designated by the
19responsible party.
20b. A court order requires the procedure to be performed.
216. a. If the animal is maintained on the premises, the
22responsible party may provide for the care of the animal at any
23time.
24b. If the livestock is removed to be maintained at an
25alternative premises under the control of a local authority,
26the responsible party may visit the premises during regular
27business hours. The responsible party may require that the
28livestock be examined by a veterinarian designated by the
29responsible party.
30c. A veterinarian who participates in making a decision
31under this section shall not be involved in maintaining
32the livestock if the livestock is removed from the premises
33pursuant to court order as provided in this section.
34d. The local authority shall provide for the return of the
35animal to the responsible party, if a veterinarian designated
-6-1by the enforcement agency determines that the livestock’s
2removal is no longer required to prevent its death.
3 Sec. 8. NEW SECTION. 717.2D Permanent dispositional
4proceedings.
51. A court ordering the temporary disposition of livestock
6pursuant to section 717.2C shall determine if the livestock has
7been neglected.
8a. The hearing to determine if the livestock has been
9neglected shall be a civil proceeding. If the case is related
10to a criminal proceeding, the disposition shall not be part of
11that proceeding and shall not be considered a criminal penalty
12imposed on a person found in violation of this chapter.
13b. The hearing shall be conducted within ten days after
14the court’s issuance of an order for temporary disposition.
15However, the responsible party shall be provided adequate time
16to obtain legal counsel prior to any court proceeding related
17to the livestock’s temporary disposition. In making the
18determination, the court shall consider all circumstances in
19the case. The court may continue the hearing for up to thirty
20days upon motion by a party and for good cause. However, the
21court shall hold a hearing immediately if it is satisfied by
22clear and convincing evidence that the livestock is permanently
23distressed by disease or injury to a degree that would result
24in severe or prolonged suffering.
25c. A statement made by the owner of the livestock or an
26enterprise representative to a law enforcement officer is
27inadmissible, unless the statement is made without coercion
28or inducement, and is recorded by the law enforcement officer
29using video and audio equipment as required in section 717.2B.
302. If a court determines that the livestock is not
31neglected, the court shall order that the livestock be
32immediately returned to the responsible party.
33a. The court may order the responsible party to be awarded
34court costs and reasonable investigative fees, attorney fees,
35communication expenses, witness fees and expenses, and travel
-7-1expenses, which shall be taxed as part of the costs of the
2action.
3b. A local authority or the department who is a party to
4the case, and a veterinarian who signs a statement providing
5for the removal of the livestock, as provided in section
6717.2C, shall be jointly and severally liable for any damages
7incurred by the owner and enterprise proximately caused by
8the livestock’s removal and maintenance at the alternative
9premises.
10c. If removed livestock is returned to the responsible
11party, each veterinarian who signed a statement to remove the
12livestock shall be subject to a fine of not less than one
13thousand dollars and not more than five thousand dollars. Each
14such livestock removed shall be considered a separate offense.
15The moneys from the fine shall be deposited in the general fund
16of the state.
17d. If livestock is not returned to the responsible party
18within thirty days, and the owner of the livestock has not
19voluntarily relinquished the livestock, title to the livestock
20is deemed transferred to the local authority. In that case,
21the local authority shall reimburse persons who have legal
22interest in the livestock as provided in subsection 3.
233. a. If the court determines that livestock is neglected,
24the court shall order the local authority to permanently
25dispose of the neglected livestock by sale or in any other
26manner deemed appropriate for the welfare of the livestock.
27The hearing shall be conducted within thirty days after the
28determination, unless the court grants a continuance for good
29cause. If the livestock is sold, all of the following apply:
30(1) Within ten business days before the hearing, the local
31authority shall deliver a written notice of the hearing to each
32person who is known to have a legal interest in the livestock.
33(2) Within fourteen business days before the hearing, the
34local authority shall publish a notice of the hearing in a
35newspaper of general circulation in the county.
-8- 1b. Any person having a legal interest in the livestock and
2appearing at the hearing shall be a party to the case and shall
3be provided with the opportunity to prove an interest in the
4livestock. Any proceeds received by the party from the sale of
5the livestock shall be subtracted from dispositional expenses
6incurred by the local authority in maintaining and disposing
7of the livestock.
8c. This subsection shall not be construed to limit,
9restrict, impair, or subordinate the rights of a secured party
10or lender having a security interest in the livestock or
11proceeds from the sale of the livestock.
12 Sec. 9. Section 717.5, Code 2021, is amended to read as
13follows:
14717.5 Disposition of neglected livestock in immediate need
15of sustenance.
161. a. A court shall order the disposition of livestock
17neglected as provided in section 717.2 or livestock in
18immediate need of sustenance and associated products as
19provided in sections 717.3 and 717.4 in accordance with this
20section.
21(1) A petition may be filed by a local authority or a person
22owning or caring for the livestock pursuant to section 717.2.
23(2) b. A petition may be filed by the department. The
24court shall notify interested persons in the same manner
25as provided in section 717.3. The petition may be filed
26separately or with a petition filed pursuant to section 717.3.
27b. c. The matter shall be heard by the court within ten
28days from the filing of the petition.
29(1) For livestock alleged to be neglected under section
30717.2, the court may continue the hearing for up to forty
31days upon petition by the person. However, the person shall
32post a bond or other security with the local authority in an
33amount determined by the court, which shall not be more than
34the amount sufficient to provide for the maintenance of the
35livestock for forty days. The court may grant a subsequent
-9-1continuance by the person for the same length of time if the
2person submits a new bond or security.
3(2) For livestock alleged to be in immediate need of
4sustenance under section 717.3, the The court may continue the
5hearing for up to forty days upon petition by the department.
6The department may file and the court may grant one or more
7subsequent continuances each for up to forty days. The
8department is not required to post a bond or other security.
9c. d. Notwithstanding paragraph “b”, the court shall order
10the immediate disposition of livestock if the livestock is
11permanently distressed by disease or injury to a degree that
12would result in severe or prolonged suffering.
132. The hearing to determine if livestock has been neglected
14under section 717.2 for purposes of disposition shall be
15a civil proceeding. If the case is related to a criminal
16proceeding under section 717.2, the disposition shall not be
17part of that proceeding and shall not be considered a criminal
18penalty imposed on a person found in violation of section
19717.2.
203. 2. A court may order a person owning the livestock
21neglected under section 717.2 or in immediate need of
22sustenance under section 717.3to pay an amount associated with
23expenses associated with the livestock as follows:
24a. (1) For livestock neglected under section 717.2, the
25amount shall not be more than for expenses incurred by the
26local authorityin maintaining and disposing of the neglected
27livestock rescued pursuant to section 717.2A, and reasonable
28attorney fees and expenses related to the investigation of the
29case. The remaining amount of a bond or other security posted
30pursuant to subsection 1 shall be used to reimburse the local
31authority.
32(2) For livestock in immediate need of sustenance under
33section 717.3, the. The amount shall not be more than for
34expenses incurred by the department in providing sustenance to
35and disposing of the neglected livestock as provided in section
-10-1717.3 and this section. The amount paid to the department
2shall be sufficient to allow the department to repay the
3livestock remediation fund as provided in section 459.501. If
4b. If more than one person has a divisible ownership
5interest in the livestock, the amount required to be paid
6shall be prorated based on the percentage of interest in the
7livestock owned by each person. The moneys shall be paid to
8the local authority or department incurring the expense as
9provided in paragraph “a”.The amount paid to the department
10 shall be subtracted from proceeds owed to the owner or owners
11of the livestock, which are received from the sale of the
12livestock ordered by the court.
13c. (1) Moneys owed to the local authority from the sale of
14neglected livestock that have been rescued by a local authority
15pursuant to section 717.2A shall be paid to the local authority
16before satisfying indebtedness secured by any security interest
17in or lien on the livestock. Moneys owed to the department
18from the sale of livestock in immediate need of sustenance and
19associated products shall be paid to the department according
20to its priority status as a lienholder as provided in section
21717.4.
22(2) If an owner of the livestock is a landowner, the
23local authority may submit an amount of the moneys owed to
24the clerk of the county board of supervisors who shall report
25the amount to the county treasurer. The amount shall equal
26the balance remaining after the sale of the livestock. If
27the livestock owner owns a percentage of the livestock, the
28reported amount shall equal the remaining balance owed by all
29landowners who own a percentage of the livestock. That amount
30shall be prorated among the landowners based on the percentage
31of interest in the livestock attributable to each landowner.
32The amount shall be placed upon the tax books, and collected
33with interest and penalties after due, in the same manner as
34other unpaid property taxes. The county shall reimburse a city
35within thirty days from the collection of the property taxes.
-11- 14. Neglected livestock ordered to be destroyed shall be
2destroyed only by a humane method, including euthanasia as
3defined in section 162.2.
4 Sec. 10. Section 717B.1, subsections 2, 8, and 11, Code
52021, are amended by striking the subsections.
6 Sec. 11. Section 717B.1, Code 2021, is amended by adding the
7following new subsections:
8 NEW SUBSECTION. 8A. “Enforcement agency” means any of the
9following:
10a. A local authority.
11b. The department.
12 NEW SUBSECTION. 8B. “Enforcement officer” means a person
13regularly employed by an enforcement agency to conduct
14investigations in which a person may be subject to a criminal
15or civil proceeding.
16 NEW SUBSECTION. 8C. “Enterprise” means a person operating
17on a profit or nonprofit basis, that exercises care, custody,
18or control of an animal.
19 NEW SUBSECTION. 8D. “Enterprise representative” means a
20person authorized to act on behalf of the enterprise, including
21but not limited to a shareholder, member, officer, director, or
22employee of a corporation, or a member or manager of a limited
23liability company.
24 Sec. 12. Section 717B.1, subsection 14, Code 2021, is
25amended to read as follows:
2614. “Responsible party” means a person who owns or maintains
27 assumes liability for an animal as ordered by a court pursuant
28to section 717B.11 or 717B.12.
29 Sec. 13. NEW SECTION. 717B.10 Investigations.
301. An enforcement officer conducting an investigation of
31alleged animal mistreatment of a threatened animal shall not
32enter onto the premises where the animal is maintained, unless
33all of the following apply:
34a. A complaint alleging the animal mistreatment of a
35threatened animal has been filed with the enforcement agency
-12-1employing the enforcement officer. Prior to entry, the
2enforcement officer shall provide a copy of the complaint,
3including any associated documents and the names and addresses
4of witnesses, to the owner of the animal. However, if the
5animal is controlled by an enterprise, the enforcement officer
6shall provide a copy of the complaint to the enterprise
7representative.
8b. Any of the following apply:
9(1) The owner of the animal holding title to the premises
10consents to the enforcement officer’s entry, or if the animal
11is held by an enterprise, an enterprise representative consents
12to the entry.
13(2) The enforcement officer obtains a search warrant issued
14by the district court in the same county as where the premises
15are located. The search warrant and search shall comply with
16the requirements of chapter 808. The search warrant shall
17include the location of the premises and the name of the title
18holder of the premises; the names and titles of the persons
19conducting the search; and the time, date, and place of the
20search. The search warrant must be signed and dated by the
21magistrate issuing the search warrant. The warrant is void if
22any error in the search warrant is discovered. If the warrant
23is void, the enforcement officer shall not enter onto or remain
24on the premises until a new warrant is obtained or the owner or
25enterprise representative consents to the entry.
262. A person, other than a veterinarian, shall not accompany
27an enforcement officer onto the premises, unless the owner of
28the premises consents to the entry.
293. During the enforcement officer’s investigation on the
30premises where the animal is maintained, all of the following
31apply:
32a. The owner of the animal and any enterprise representative
33may accompany the enforcement officer, unless the owner or
34enterprise representative interferes with the investigation
35or threatens the enforcement officer. Standing within close
-13-1proximity of the enforcement officer does not constitute
2interference or a threat, unless the act impedes the
3enforcement officer’s path.
4b. An enforcement officer shall not in any manner coerce
5or threaten the owner of the animal or any enterprise
6representative. Any verbal statement or promise made by an
7enforcement officer to the owner of the animal or enterprise
8representative that relates to relinquishing the animal shall
9be deemed coercion.
10c. The enforcement officer shall provide the owner of the
11animal and any enterprise representative a reasonable period to
12obtain video and audio equipment to record the investigation.
13The enforcement officer shall not interfere with the process
14of recording the investigation. The owner of the animal and
15any enterprise representative shall retain custody of and all
16rights to their recording. This paragraph does not prohibit
17an enforcement agency from making an official recording of the
18investigation. The official recording shall be a confidential
19record subject to the same requirements as a peace officer’s
20investigative report pursuant to section 22.7.
21 Sec. 14. NEW SECTION. 717B.11 Temporary dispositional
22proceedings.
231. Based on an investigation of a complaint alleging animal
24mistreatment of a threatened animal as provided in section
25717B.10, a court sitting in the county where the premises
26maintaining the animal is located may order the temporary
27disposition of the animal.
282. Prior to issuing the order, the enforcement agency must
29provide the court with a statement signed by two veterinarians
30who visited the premises and examined the animal.
31a. The first veterinarian shall be designated by the
32enforcement agency and the second veterinarian shall be
33designated by the owner of the animal. If the animal is under
34the control of an enterprise, the second veterinarian shall
35be designated pursuant to a written agreement entered into by
-14-1the owner of the animal and the enterprise representative.
2If necessary, the determination shall be made by a third
3veterinarian designated by written agreement pursuant to
4the enforcement agency and the owner of the animal or the
5enterprise representative as agreed to by the owner and
6enterprise representative.
7b. The statement must be accompanied by all of the
8following:
9(1) A video and audio recording of the examination
10and documentation that identifies the animal by name; any
11identifying mark, microchip, tattoo, or ear tag; and the
12animal’s species, sex, height, and weight.
13(2) The reasons for the temporary disposition including
14the specific reasons why removal is necessary, including any
15specific illness, disease, or injury that requires removal, and
16the treatment to be prescribed.
17c. The statement shall be signed by each veterinarian making
18the determination and a copy of the signed statement shall be
19provided to the owner of the animal. If the animal is under the
20control of an enterprise, a copy of the signed statement shall
21be provided to an enterprise representative.
223. If necessary, the court shall designate the owner of the
23animal or enterprise representative as the responsible party
24in the matter of temporary disposition under this section or
25permanent disposition under section 717B.12.
264. a. As part of the temporary disposition, the court may
27require that a qualified person approved by the court make
28regular visits to the premises where the animal is maintained
29to ensure that the animal receives adequate care as required
30by the court.
31b. Notwithstanding paragraph “a”, the court may require the
32animal’s removal to an alternative premises, if the removal
33of the animal is necessary to treat the animal suffering from
34a condition that if not treated would likely result in the
35animal’s death, and no veterinarian is available to provide
-15-1such treatment on the premises.
2c. A local authority or the department may contract with
3an animal care provider for the maintenance of the animal.
4The local authority or the department shall pay the animal
5care provider for the animal’s maintenance regardless of
6proceeds received from the disposition of the animal or any
7reimbursement ordered by a court pursuant to section 717B.12.
85. During the period of temporary disposition, the animal
9shall not be subject to any veterinary procedure, unless any
10of the following apply:
11a. The responsible party consents to the procedure. The
12consent shall be in the form of a statement signed and dated by
13the responsible party and notarized as provided in chapter 9B.
14 The responsible party shall receive a copy of the completed
15consent form. The responsible party may elect to have the
16medical procedure performed by a veterinarian designated by the
17responsible party.
18b. A court order requires the procedure to be performed.
196. a. If the animal is maintained on the premises, the
20responsible party may provide for the care of the animal at any
21time.
22b. If the animal is removed to be maintained at an
23alternative premises under the control of a local authority
24or the department, the responsible party may visit the
25premises during regular business hours. The responsible party
26may require that the animal be examined by a veterinarian
27designated by the responsible party.
28c. A veterinarian who participates in making a decision
29under this section shall not be involved in maintaining the
30animal if the animal is removed from the premises pursuant to
31court order as provided in this section.
32d. The local authority or the department shall provide
33for the return of the animal to the responsible party, if
34a veterinarian designated by the local authority or the
35department determines that the livestock’s removal is no longer
-16-1required to prevent its death.
2 Sec. 15. NEW SECTION. 717B.12 Permanent dispositional
3proceedings.
41. A court ordering the temporary disposition of an animal
5pursuant to section 717B.11 shall determine if the animal is a
6threatened animal.
7a. The hearing to determine if the animal is a threatened
8animal shall be a civil proceeding. If the case is related to
9a criminal proceeding, the disposition shall not be part of
10that proceeding and shall not be considered a criminal penalty
11imposed on a person found in violation of this chapter.
12b. The hearing shall be conducted within ten days after
13the court’s issuance of an order for temporary disposition.
14However, the responsible party shall be provided adequate
15time to obtain legal counsel prior to any court proceeding
16related to the animal’s temporary disposition. In making the
17determination, the court shall consider all circumstances in
18the case. The court may continue the hearing for up to thirty
19days upon motion by a party and for good cause. However, the
20court shall hold a hearing immediately if it is satisfied by
21clear and convincing evidence that the animal is permanently
22distressed by disease or injury to a degree that would result
23in severe or prolonged suffering.
24c. A statement made by the owner of the animal or an
25enterprise representative to an enforcement officer is
26inadmissible, unless the statement is made without coercion or
27inducement, and is recorded by the enforcement officer using
28video and audio equipment as required in section 717B.10.
292. If a court determines that an animal is not a threatened
30animal, the court shall order that the animal be immediately
31returned to the responsible party.
32a. The court may order the responsible party to be awarded
33court costs and reasonable investigative fees, attorney fees,
34communication expenses, witness fees and expenses, and travel
35expenses, which shall be taxed as part of the costs of the
-17-1action.
2b. A local authority or the department who is a party to
3the case, and a veterinarian who signs a statement providing
4for the removal of the animal, as provided in section
5717B.11, shall be jointly and severally liable for any damages
6incurred by the owner and enterprise proximately caused by
7the livestock’s removal and maintenance at the alternative
8premises.
9c. If the removed animal is returned to the responsible
10party, each veterinarian who signed a statement to remove the
11animal shall be subject to a fine of not less than one thousand
12dollars and not more than five thousand dollars. Each such
13animal removed shall be considered a separate offense. The
14moneys from the fine shall be deposited in the general fund of
15the state.
16d. If the animal is not returned to the responsible party
17within thirty days, and the owner of the animal has not
18voluntarily relinquished the animal, title to the animal is
19deemed transferred to the local authority or the department
20who is a party to the case. In that case, the local authority
21or the department shall reimburse any person who has a legal
22interest in the animal as provided in subsection 3.
233. a. If the court determines that the animal is
24threatened, the court shall order the local authority, or
25the department, as applicable, to permanently dispose of
26the threatened animal by sale or in any other manner deemed
27appropriate for the welfare of the livestock. The hearing
28shall be conducted within thirty days after the determination,
29unless the court grants a continuance for good cause. If the
30animal is sold, all of the following apply:
31(1) Within ten business days before the hearing, the local
32authority or the department who is a party in the case shall
33deliver a written notice of the hearing to each person who is
34known to have a legal interest in the animal.
35(2) Within fourteen business days before the hearing, the
-18-1local authority or the department who is a party to the case
2shall publish a notice of the hearing in a newspaper of general
3circulation in the county.
4b. Any person having a legal interest in the animal and
5appearing at the hearing shall be a party to the case and shall
6be provided with the opportunity to prove an interest in the
7animal. Any proceeds received by the party from the sale of
8the animal shall be subtracted from dispositional expenses
9incurred by the department or local authority in maintaining
10and disposing of the animal.
11c. This subsection shall not be construed to limit,
12restrict, impair, or subordinate the rights of a secured party
13or lender having a security interest in an animal or proceeds
14from the sale of the animal.
15 Sec. 16. Section 717D.5, Code 2021, is amended to read as
16follows:
17717D.5 Confiscation and disposition of animals.
181. A local authority may confiscate an animal that is
19involved in a violation of section 717D.2. An animal that is
20livestock shall be considered neglected and may be rescued and
21 disposed of as provided in section 717.5 sections 717.2C and
22717.2D. An animal which is not livestock shall be considered
23threatened and rescued and disposed of as provided in section
24717B.4 sections 717B.11 and 717B.12.
252. If an animal that is involved in a violation of section
26717D.2 is not rescued and disposed of pursuant to section
27717.5 or 717B.4 as described in subsection 1, it shall be
28forfeited to the state and subject to disposition as ordered
29by the court. In addition, the court shall order the owner of
30the animal to pay an amount which shall not be more than the
31expenses incurred in maintaining or disposing of the animal.
32The court may also order that the person pay reasonable
33attorney fees and expenses related to the investigation of the
34case that shall be taxed as other court costs. If more than
35one person has a divisible interest in the animal, the amount
-19-1required to be paid shall be prorated based on the percentage
2of interest in the animal owned by each person. The moneys
3shall be paid to the local authority incurring the expense.
4The amount shall be subtracted from proceeds which are received
5from the sale of the animal ordered by the court.
6 Sec. 17. Section 717F.5, subsection 2, paragraph b, Code
72021, is amended to read as follows:
8b. If the court orders a permanent disposition of the
9dangerous wild animal, the dangerous wild animal shall be
10subject to disposition as provided in section 717B.4 sections
11717B.11 and 717B.12, and the responsible party shall be
12assessed costs associated with its seizure, custody, and
13disposition as provided in that section those sections. The
14department may find long-term placement for the dangerous wild
15animal with a wildlife sanctuary or institution accredited or
16certified by the American zoo and aquarium association.
17 Sec. 18. REPEAL. Sections 717.2A, 717B.4, and 717B.5, Code
182021, are repealed.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22GENERAL. This bill amends three related Code chapters
23providing for the care of animals that are confined (excluding
24wildlife in nature). Code chapter 162 provides for the
25administrative regulation of commercial establishments
26that breed, board, or sell animals other than livestock
27(Code section 162.1). Its provisions are administered and
28enforced by the department of agriculture and land stewardship
29(DALS). Code chapters 717 and 717B are closely connected and
30principally provide enforcement of state criminal statutes
31prohibiting animal mistreatment such as abuse (Code sections
32717.1A and 717B.2) or neglect (Code sections 717.2 and
33717B.3). Each Code chapter authorizes the rescue, maintenance,
34and disposition of livestock or other animals under the
35jurisdiction of a court (Code sections 717.2A, 717.5, 717B.4,
-20-1and 717B.5). Both Code chapters are principally enforced by
2a local authority’s law enforcement officer (a county sheriff
3or city police force). However, Code chapter 717 authorizes
4DALS to take action to protect livestock in immediate need of
5sustenance, also by petitioning a court (Code sections 717.3
6through 717.5).
7COMMERCIAL ESTABLISHMENTS. A person authorized by DALS
8to operate a commercial establishment must provide an animal
9under its control with a minimum standard of care (Code section
10162.10A). DALS may seize and sell or destroy an animal that
11does not receive such care (Code section 162.13). The bill
12provides that if DALS is investigating a complaint alleging
13animal mistreatment, it must comply with new procedures for
14investigating, removing, and caring for the animal as provided
15in amendments to Code chapter 717B.
16LIVESTOCK AND OTHER ANIMALS — ELIMINATION OF PROVISIONS.
17 The bill eliminates provisions which (1) allow a law
18enforcement officer to rescue neglected livestock (Code section
19717.2A) and (2) authorize a local authority to petition a court
20to hold an expedited dispositional proceeding in which the
21court determines if the livestock is neglected, and whether to
22order the livestock’s maintenance and disposition by sale or
23destruction (Code section 717.5). The bill eliminates similar
24provisions that allow a law enforcement officer to rescue other
25animals (Code section 717B.5) and authorizes a local authority
26to petition a court to hold an expedited dispositional
27proceeding (Code section 717B.4). The bill retains provisions
28that allow DALS to take action to provide for the immediate
29sustenance of livestock (Code sections 717.3 through 717.5).
30INVESTIGATION. The bill provides that the owner or
31enterprise is entitled to receive a copy of a complaint
32alleging mistreatment. In the case of livestock, the
33mistreatment is in the form of neglect. In the case of other
34animals, the mistreatment is in the form of abuse, neglect,
35or torture. A warrant is required to enter onto the premises
-21-1where the livestock or other animal is kept. The owner or
2representative may be present during the entry and the owner or
3representative may make a recording of the investigation.
4TEMPORARY DISPOSITIONAL PROCEEDINGS. The bill provides
5that a court must hold a proceeding to determine the temporary
6disposition of the livestock or other animal (new Code sections
7717.2C and 717B.11). In a case involving livestock, the
8petitioner is a local authority. In a case involving another
9animal, the petitioner may be a local authority or DALS. The
10court’s determination must be based on a statement signed by
11two veterinarians who visited the premises and examined the
12livestock or other animal. The statement must be accompanied
13by a recording of the examination. The court may order the
14livestock or other animal to remain on the premises of the
15owner or representative or be removed to another location
16if necessary to preserve the life of the livestock or other
17animal. The livestock or other animal is prohibited from being
18subject to any veterinary procedure, unless by consent of the
19owner or representative or order by the court. The court must
20determine whether the owner or representative will stand as the
21responsible party in the controversy.
22PERMANENT DISPOSITIONAL PROCEEDINGS. A court ordering the
23temporary disposition of livestock must determine if the animal
24is neglected (new Code section 717.2D) and a court ordering
25temporary disposition of another animal must determine whether
26it is threatened, meaning it has been neglected, abused,
27or tortured (new Code section 717B.11). In each case, if
28the court determines livestock is not neglected or another
29animal is not threatened, the animal must be returned to the
30responsible party. The court may order the responsible party
31to be awarded court costs and other reasonable fees associated
32with the case. A local authority or DALS who is a party to
33the case, and a veterinarian who signs a statement providing
34for the removal of the livestock, shall be jointly and
35severally liable for any damages incurred by the responsible
-22-1party proximately caused by the removal. In addition, each
2veterinarian who signed a statement to remove the livestock or
3animal is subject to a fine of not less than $1,000 and not
4more than $5,000 for each livestock or animal removed. If the
5livestock or other animal is not returned to the responsible
6party within 30 days, title to the livestock or other animal
7is transferred to the local authority or DALS who is a party
8to the case. In that case, the local authority or DALS
9must reimburse the persons who have a legal interest in the
10livestock or other animal.
11The bill eliminates a provision that shields a county or
12city from liability for acts or omissions resulting from the
13enforcement of the Code chapters (Code section 670.4).
-23-da/ns
2mistreatment, including by providing for the inspection of
3premises, the removal of animals, the care of animals in
4custody, and the disposition of animals by court order, and
5providing penalties.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 162.13, subsection 2, Code 2021, is
2amended to read as follows:
32. a. The failure of a person who owns or operates a
4commercial establishment to meet the standard of care required
5in section 162.10A, subsection 1, is a simple misdemeanor.
6b. (1) The animals are subject to seizure and impoundment
7and may be sold or destroyed as provided by rules which shall
8be adopted by the department pursuant to chapter 17A. The
9rules shall provide for the destruction of an animal by a
10humane method, including by euthanasia.
11(2) Notwithstanding subparagraph (1), if the department is
12investigating an allegation of animal mistreatment as provided
13in chapter 717B, the department shall inspect the commercial
14establishment, and provide for the animal’s temporary
15disposition as provided in section 717B.11 or permanent
16disposition as provided in section 717B.12.
17 Sec. 2. Section 602.6405, subsection 1, Code 2021, is
18amended to read as follows:
191. a. Magistrates have jurisdiction of simple misdemeanors
20regardless of the amount of the fine, including traffic and
21ordinance violations, and preliminary hearings, search warrant
22proceedings, county and municipal infractions, and small
23claims.
24b. Magistrates have jurisdiction to determine the
25disposition of livestock or another animal, as provided
26in sections 717.2C, 717.2D, and 717.5 and 717B.4, if the
27magistrate determines the value of the livestock or animal is
28less than ten thousand dollars. Magistrates have jurisdiction
29to determine the disposition of certain animals other than
30livestock as provided in sections 717B.11 and 717B.12, if the
31magistrate determines the value of the animals is less than ten
32thousand dollars.
33c. Magistrates have jurisdiction to exercise the powers
34specified in sections 556F.2 and 556F.12, and to hear
35complaints or preliminary informations, issue warrants, order
-1-1arrests, make commitments, and take bail. Magistrates have
2jurisdiction over violations of section 123.49, subsection 2,
3paragraph “h”.
4d. Magistrates who are admitted to the practice of law
5in this state have jurisdiction over all proceedings for the
6involuntary commitment, treatment, or hospitalization of
7individuals under chapters 125 and 229, except as otherwise
8provided under section 229.6A; nonlawyer. Nonlawyer
9 magistrates have jurisdiction over emergency detention and
10hospitalization proceedings under sections 125.91 and 229.22.
11Magistrates have jurisdiction to conduct hearings authorized
12under section 809.4.
13 Sec. 3. Section 670.4, subsection 1, paragraph m, Code 2021,
14is amended by striking the paragraph.
15 Sec. 4. Section 717.1, Code 2021, is amended by adding the
16following new subsections:
17 NEW SUBSECTION. 2C. “Enterprise” means a person operating
18on a profit or nonprofit basis, that exercises care, custody,
19or control of livestock.
20 NEW SUBSECTION. 2D. “Enterprise representative” means a
21person authorized to act on behalf of the enterprise, including
22but not limited to a shareholder, member, officer, director, or
23employee of a corporation, or a member or manager of a limited
24liability company.
25 NEW SUBSECTION. 7A. “Responsible party” means a person who
26assumes liability for livestock as ordered by a court pursuant
27to sections 717.2C and 717.2D.
28 Sec. 5. Section 717.1, subsection 5, Code 2021, is amended
29by striking the subsection.
30 Sec. 6. NEW SECTION. 717.2B Investigations.
311. A law enforcement officer conducting an investigation of
32alleged livestock negligence shall not enter onto the premises
33where the livestock is maintained, unless all of the following
34apply:
35a. A complaint alleging the livestock negligence has been
-2-1filed with the local authority. Prior to entry, the law
2enforcement officer shall provide a copy of the complaint,
3including any associated documents and the names and addresses
4of witnesses, to the owner of the livestock. However, if the
5livestock is controlled by an enterprise, the law enforcement
6officer shall provide a copy of the complaint to the enterprise
7representative.
8b. Any of the following apply:
9(1) The owner of the livestock holding title to the
10premises consents to the law enforcement officer’s entry,
11or if the livestock is held by an enterprise, an enterprise
12representative consents to the entry.
13(2) The law enforcement officer obtains a warrant issued by
14the district court in the same county where the premises are
15located. The search warrant and search shall comply with the
16requirements of chapter 808. The search warrant shall include
17the location of the premises and the name of the title holder
18of the premises; the names and titles of the persons conducting
19the search; and the time, date, and place of the search. The
20search warrant must be signed and dated by the magistrate
21issuing the search warrant. The warrant is void if any error
22in the search warrant is discovered. If the warrant is void,
23the law enforcement officer shall not enter onto or remain on
24the premises until a new search warrant is obtained or the
25owner of the livestock or enterprise representative consents
26to the entry.
272. A person, other than a veterinarian, shall not accompany
28a law enforcement officer onto the premises unless the owner of
29the premises consents to the entry.
303. During the law enforcement officer’s investigation on
31the premises where the livestock is maintained, all of the
32following apply:
33a. The owner of the livestock and any enterprise
34representative may accompany the law enforcement officer,
35unless the owner or enterprise representative interferes with
-3-1the investigation or threatens the law enforcement officer.
2Standing within close proximity of the law enforcement officer
3does not constitute interference or a threat, unless the act
4impedes the law enforcement officer’s path.
5b. A law enforcement officer shall not in any manner coerce
6or threaten the owner of the livestock or any enterprise
7representative. Any verbal statement or promise made by a law
8enforcement officer to the owner of the livestock or enterprise
9representative that relates to relinquishing livestock shall
10be deemed coercion.
11c. The law enforcement officer shall provide the owner of
12the livestock and any enterprise representative a reasonable
13period to obtain video and audio equipment to record the
14investigation. The law enforcement officer shall not interfere
15with the process of recording the investigation. The owner of
16the livestock and any enterprise representative shall retain
17custody of and all rights to their recording. This paragraph
18does not prohibit a law enforcement officer from making
19an official recording of the investigation. The official
20recording shall be a confidential record subject to the same
21requirements as a peace officer’s investigative report pursuant
22to section 22.7.
23 Sec. 7. NEW SECTION. 717.2C Temporary dispositional
24proceedings.
251. Based on an investigation of a complaint alleging
26livestock negligence as provided in section 717.2B, a court in
27the same county where the premises maintaining the livestock is
28located may order the temporary disposition of the livestock.
292. Prior to issuing the order, the law enforcement
30officer must provide the court with a statement signed by
31two veterinarians who visited the premises and examined the
32livestock.
33a. The first veterinarian shall be designated by the law
34enforcement officer and the second veterinarian shall be
35designated by the owner of the livestock. If the livestock is
-4-1under the control of an enterprise, the second veterinarian
2shall be designated pursuant to written agreement entered
3into by the owner of the livestock and the enterprise
4representative. If necessary, the determination shall be
5made by a third veterinarian designated pursuant to a written
6agreement entered into by the law enforcement officer and the
7owner of the livestock or the enterprise representative as
8agreed to by the owner and enterprise representative.
9b. The statement must be accompanied by all of the
10following:
11(1) A video and audio recording of the examination and
12documentation that identifies the livestock by name; any
13identifying mark, microchip, tattoo, or ear tag; and the
14livestock’s species, sex, height, and weight.
15(2) The reasons for the temporary disposition including
16the specific reasons why removal is necessary, including any
17specific illness, disease, or injury that requires removal, and
18the treatment to be prescribed.
19c. The statement shall be signed by each veterinarian making
20the determination and a copy of the signed statement shall
21be provided to the owner of the livestock. If the livestock
22is under the control of an enterprise, a copy of the signed
23statement shall be provided to an enterprise representative.
243. The court shall designate the owner of the livestock
25or enterprise representative as the responsible party in the
26matter of temporary disposition under this section or permanent
27disposition under section 717.2D.
284. a. As part of the temporary disposition, the court
29may require that a qualified person approved by the court
30make regular visits to the premises where the livestock is
31maintained to ensure that the livestock receives adequate care
32as required by the court.
33b. Notwithstanding paragraph “a”, the court may require the
34livestock’s removal to an alternative premises, if the removal
35of the livestock is necessary to treat the livestock suffering
-5-1from a condition that if not treated would likely result in the
2livestock’s death, and no veterinarian is available to provide
3such treatment on the premises.
4c. A local authority or the department may contract with a
5livestock care provider for the maintenance of the livestock.
6The local authority or the department shall pay the livestock
7care provider for the livestock’s maintenance regardless of
8proceeds received from the disposition of the livestock or any
9reimbursement ordered by a court pursuant to section 717.2D.
105. During the period of temporary disposition, the
11livestock shall not be subject to any veterinary procedure,
12unless any of the following apply:
13a. The responsible party consents to the procedure. The
14consent shall be in the form of a statement signed and dated
15by the responsible party and notarized as provided in chapter
169B. The responsible party shall receive a copy of the completed
17consent form. The responsible party may elect to have the
18medical procedure performed by a veterinarian designated by the
19responsible party.
20b. A court order requires the procedure to be performed.
216. a. If the animal is maintained on the premises, the
22responsible party may provide for the care of the animal at any
23time.
24b. If the livestock is removed to be maintained at an
25alternative premises under the control of a local authority,
26the responsible party may visit the premises during regular
27business hours. The responsible party may require that the
28livestock be examined by a veterinarian designated by the
29responsible party.
30c. A veterinarian who participates in making a decision
31under this section shall not be involved in maintaining
32the livestock if the livestock is removed from the premises
33pursuant to court order as provided in this section.
34d. The local authority shall provide for the return of the
35animal to the responsible party, if a veterinarian designated
-6-1by the enforcement agency determines that the livestock’s
2removal is no longer required to prevent its death.
3 Sec. 8. NEW SECTION. 717.2D Permanent dispositional
4proceedings.
51. A court ordering the temporary disposition of livestock
6pursuant to section 717.2C shall determine if the livestock has
7been neglected.
8a. The hearing to determine if the livestock has been
9neglected shall be a civil proceeding. If the case is related
10to a criminal proceeding, the disposition shall not be part of
11that proceeding and shall not be considered a criminal penalty
12imposed on a person found in violation of this chapter.
13b. The hearing shall be conducted within ten days after
14the court’s issuance of an order for temporary disposition.
15However, the responsible party shall be provided adequate time
16to obtain legal counsel prior to any court proceeding related
17to the livestock’s temporary disposition. In making the
18determination, the court shall consider all circumstances in
19the case. The court may continue the hearing for up to thirty
20days upon motion by a party and for good cause. However, the
21court shall hold a hearing immediately if it is satisfied by
22clear and convincing evidence that the livestock is permanently
23distressed by disease or injury to a degree that would result
24in severe or prolonged suffering.
25c. A statement made by the owner of the livestock or an
26enterprise representative to a law enforcement officer is
27inadmissible, unless the statement is made without coercion
28or inducement, and is recorded by the law enforcement officer
29using video and audio equipment as required in section 717.2B.
302. If a court determines that the livestock is not
31neglected, the court shall order that the livestock be
32immediately returned to the responsible party.
33a. The court may order the responsible party to be awarded
34court costs and reasonable investigative fees, attorney fees,
35communication expenses, witness fees and expenses, and travel
-7-1expenses, which shall be taxed as part of the costs of the
2action.
3b. A local authority or the department who is a party to
4the case, and a veterinarian who signs a statement providing
5for the removal of the livestock, as provided in section
6717.2C, shall be jointly and severally liable for any damages
7incurred by the owner and enterprise proximately caused by
8the livestock’s removal and maintenance at the alternative
9premises.
10c. If removed livestock is returned to the responsible
11party, each veterinarian who signed a statement to remove the
12livestock shall be subject to a fine of not less than one
13thousand dollars and not more than five thousand dollars. Each
14such livestock removed shall be considered a separate offense.
15The moneys from the fine shall be deposited in the general fund
16of the state.
17d. If livestock is not returned to the responsible party
18within thirty days, and the owner of the livestock has not
19voluntarily relinquished the livestock, title to the livestock
20is deemed transferred to the local authority. In that case,
21the local authority shall reimburse persons who have legal
22interest in the livestock as provided in subsection 3.
233. a. If the court determines that livestock is neglected,
24the court shall order the local authority to permanently
25dispose of the neglected livestock by sale or in any other
26manner deemed appropriate for the welfare of the livestock.
27The hearing shall be conducted within thirty days after the
28determination, unless the court grants a continuance for good
29cause. If the livestock is sold, all of the following apply:
30(1) Within ten business days before the hearing, the local
31authority shall deliver a written notice of the hearing to each
32person who is known to have a legal interest in the livestock.
33(2) Within fourteen business days before the hearing, the
34local authority shall publish a notice of the hearing in a
35newspaper of general circulation in the county.
-8- 1b. Any person having a legal interest in the livestock and
2appearing at the hearing shall be a party to the case and shall
3be provided with the opportunity to prove an interest in the
4livestock. Any proceeds received by the party from the sale of
5the livestock shall be subtracted from dispositional expenses
6incurred by the local authority in maintaining and disposing
7of the livestock.
8c. This subsection shall not be construed to limit,
9restrict, impair, or subordinate the rights of a secured party
10or lender having a security interest in the livestock or
11proceeds from the sale of the livestock.
12 Sec. 9. Section 717.5, Code 2021, is amended to read as
13follows:
14717.5 Disposition of neglected livestock in immediate need
15of sustenance.
161. a. A court shall order the disposition of livestock
17neglected as provided in section 717.2 or livestock in
18immediate need of sustenance and associated products as
19provided in sections 717.3 and 717.4 in accordance with this
20section.
21(1) A petition may be filed by a local authority or a person
22owning or caring for the livestock pursuant to section 717.2.
23(2) b. A petition may be filed by the department. The
24court shall notify interested persons in the same manner
25as provided in section 717.3. The petition may be filed
26separately or with a petition filed pursuant to section 717.3.
27b. c. The matter shall be heard by the court within ten
28days from the filing of the petition.
29(1) For livestock alleged to be neglected under section
30717.2, the court may continue the hearing for up to forty
31days upon petition by the person. However, the person shall
32post a bond or other security with the local authority in an
33amount determined by the court, which shall not be more than
34the amount sufficient to provide for the maintenance of the
35livestock for forty days. The court may grant a subsequent
-9-1continuance by the person for the same length of time if the
2person submits a new bond or security.
3(2) For livestock alleged to be in immediate need of
4sustenance under section 717.3, the The court may continue the
5hearing for up to forty days upon petition by the department.
6The department may file and the court may grant one or more
7subsequent continuances each for up to forty days. The
8department is not required to post a bond or other security.
9c. d. Notwithstanding paragraph “b”, the court shall order
10the immediate disposition of livestock if the livestock is
11permanently distressed by disease or injury to a degree that
12would result in severe or prolonged suffering.
132. The hearing to determine if livestock has been neglected
14under section 717.2 for purposes of disposition shall be
15a civil proceeding. If the case is related to a criminal
16proceeding under section 717.2, the disposition shall not be
17part of that proceeding and shall not be considered a criminal
18penalty imposed on a person found in violation of section
19717.2.
203. 2. A court may order a person owning the livestock
21neglected under section 717.2 or in immediate need of
22sustenance under section 717.3to pay an amount associated with
23expenses associated with the livestock as follows:
24a. (1) For livestock neglected under section 717.2, the
25amount shall not be more than for expenses incurred by the
26local authorityin maintaining and disposing of the neglected
27livestock rescued pursuant to section 717.2A, and reasonable
28attorney fees and expenses related to the investigation of the
29case. The remaining amount of a bond or other security posted
30pursuant to subsection 1 shall be used to reimburse the local
31authority.
32(2) For livestock in immediate need of sustenance under
33section 717.3, the. The amount shall not be more than for
34expenses incurred by the department in providing sustenance to
35and disposing of the neglected livestock as provided in section
-10-1717.3 and this section. The amount paid to the department
2shall be sufficient to allow the department to repay the
3livestock remediation fund as provided in section 459.501. If
4b. If more than one person has a divisible ownership
5interest in the livestock, the amount required to be paid
6shall be prorated based on the percentage of interest in the
7livestock owned by each person. The moneys shall be paid to
8the local authority or department incurring the expense as
9provided in paragraph “a”.The amount paid to the department
10 shall be subtracted from proceeds owed to the owner or owners
11of the livestock, which are received from the sale of the
12livestock ordered by the court.
13c. (1) Moneys owed to the local authority from the sale of
14neglected livestock that have been rescued by a local authority
15pursuant to section 717.2A shall be paid to the local authority
16before satisfying indebtedness secured by any security interest
17in or lien on the livestock. Moneys owed to the department
18from the sale of livestock in immediate need of sustenance and
19associated products shall be paid to the department according
20to its priority status as a lienholder as provided in section
21717.4.
22(2) If an owner of the livestock is a landowner, the
23local authority may submit an amount of the moneys owed to
24the clerk of the county board of supervisors who shall report
25the amount to the county treasurer. The amount shall equal
26the balance remaining after the sale of the livestock. If
27the livestock owner owns a percentage of the livestock, the
28reported amount shall equal the remaining balance owed by all
29landowners who own a percentage of the livestock. That amount
30shall be prorated among the landowners based on the percentage
31of interest in the livestock attributable to each landowner.
32The amount shall be placed upon the tax books, and collected
33with interest and penalties after due, in the same manner as
34other unpaid property taxes. The county shall reimburse a city
35within thirty days from the collection of the property taxes.
-11- 14. Neglected livestock ordered to be destroyed shall be
2destroyed only by a humane method, including euthanasia as
3defined in section 162.2.
4 Sec. 10. Section 717B.1, subsections 2, 8, and 11, Code
52021, are amended by striking the subsections.
6 Sec. 11. Section 717B.1, Code 2021, is amended by adding the
7following new subsections:
8 NEW SUBSECTION. 8A. “Enforcement agency” means any of the
9following:
10a. A local authority.
11b. The department.
12 NEW SUBSECTION. 8B. “Enforcement officer” means a person
13regularly employed by an enforcement agency to conduct
14investigations in which a person may be subject to a criminal
15or civil proceeding.
16 NEW SUBSECTION. 8C. “Enterprise” means a person operating
17on a profit or nonprofit basis, that exercises care, custody,
18or control of an animal.
19 NEW SUBSECTION. 8D. “Enterprise representative” means a
20person authorized to act on behalf of the enterprise, including
21but not limited to a shareholder, member, officer, director, or
22employee of a corporation, or a member or manager of a limited
23liability company.
24 Sec. 12. Section 717B.1, subsection 14, Code 2021, is
25amended to read as follows:
2614. “Responsible party” means a person who owns or maintains
27 assumes liability for an animal as ordered by a court pursuant
28to section 717B.11 or 717B.12.
29 Sec. 13. NEW SECTION. 717B.10 Investigations.
301. An enforcement officer conducting an investigation of
31alleged animal mistreatment of a threatened animal shall not
32enter onto the premises where the animal is maintained, unless
33all of the following apply:
34a. A complaint alleging the animal mistreatment of a
35threatened animal has been filed with the enforcement agency
-12-1employing the enforcement officer. Prior to entry, the
2enforcement officer shall provide a copy of the complaint,
3including any associated documents and the names and addresses
4of witnesses, to the owner of the animal. However, if the
5animal is controlled by an enterprise, the enforcement officer
6shall provide a copy of the complaint to the enterprise
7representative.
8b. Any of the following apply:
9(1) The owner of the animal holding title to the premises
10consents to the enforcement officer’s entry, or if the animal
11is held by an enterprise, an enterprise representative consents
12to the entry.
13(2) The enforcement officer obtains a search warrant issued
14by the district court in the same county as where the premises
15are located. The search warrant and search shall comply with
16the requirements of chapter 808. The search warrant shall
17include the location of the premises and the name of the title
18holder of the premises; the names and titles of the persons
19conducting the search; and the time, date, and place of the
20search. The search warrant must be signed and dated by the
21magistrate issuing the search warrant. The warrant is void if
22any error in the search warrant is discovered. If the warrant
23is void, the enforcement officer shall not enter onto or remain
24on the premises until a new warrant is obtained or the owner or
25enterprise representative consents to the entry.
262. A person, other than a veterinarian, shall not accompany
27an enforcement officer onto the premises, unless the owner of
28the premises consents to the entry.
293. During the enforcement officer’s investigation on the
30premises where the animal is maintained, all of the following
31apply:
32a. The owner of the animal and any enterprise representative
33may accompany the enforcement officer, unless the owner or
34enterprise representative interferes with the investigation
35or threatens the enforcement officer. Standing within close
-13-1proximity of the enforcement officer does not constitute
2interference or a threat, unless the act impedes the
3enforcement officer’s path.
4b. An enforcement officer shall not in any manner coerce
5or threaten the owner of the animal or any enterprise
6representative. Any verbal statement or promise made by an
7enforcement officer to the owner of the animal or enterprise
8representative that relates to relinquishing the animal shall
9be deemed coercion.
10c. The enforcement officer shall provide the owner of the
11animal and any enterprise representative a reasonable period to
12obtain video and audio equipment to record the investigation.
13The enforcement officer shall not interfere with the process
14of recording the investigation. The owner of the animal and
15any enterprise representative shall retain custody of and all
16rights to their recording. This paragraph does not prohibit
17an enforcement agency from making an official recording of the
18investigation. The official recording shall be a confidential
19record subject to the same requirements as a peace officer’s
20investigative report pursuant to section 22.7.
21 Sec. 14. NEW SECTION. 717B.11 Temporary dispositional
22proceedings.
231. Based on an investigation of a complaint alleging animal
24mistreatment of a threatened animal as provided in section
25717B.10, a court sitting in the county where the premises
26maintaining the animal is located may order the temporary
27disposition of the animal.
282. Prior to issuing the order, the enforcement agency must
29provide the court with a statement signed by two veterinarians
30who visited the premises and examined the animal.
31a. The first veterinarian shall be designated by the
32enforcement agency and the second veterinarian shall be
33designated by the owner of the animal. If the animal is under
34the control of an enterprise, the second veterinarian shall
35be designated pursuant to a written agreement entered into by
-14-1the owner of the animal and the enterprise representative.
2If necessary, the determination shall be made by a third
3veterinarian designated by written agreement pursuant to
4the enforcement agency and the owner of the animal or the
5enterprise representative as agreed to by the owner and
6enterprise representative.
7b. The statement must be accompanied by all of the
8following:
9(1) A video and audio recording of the examination
10and documentation that identifies the animal by name; any
11identifying mark, microchip, tattoo, or ear tag; and the
12animal’s species, sex, height, and weight.
13(2) The reasons for the temporary disposition including
14the specific reasons why removal is necessary, including any
15specific illness, disease, or injury that requires removal, and
16the treatment to be prescribed.
17c. The statement shall be signed by each veterinarian making
18the determination and a copy of the signed statement shall be
19provided to the owner of the animal. If the animal is under the
20control of an enterprise, a copy of the signed statement shall
21be provided to an enterprise representative.
223. If necessary, the court shall designate the owner of the
23animal or enterprise representative as the responsible party
24in the matter of temporary disposition under this section or
25permanent disposition under section 717B.12.
264. a. As part of the temporary disposition, the court may
27require that a qualified person approved by the court make
28regular visits to the premises where the animal is maintained
29to ensure that the animal receives adequate care as required
30by the court.
31b. Notwithstanding paragraph “a”, the court may require the
32animal’s removal to an alternative premises, if the removal
33of the animal is necessary to treat the animal suffering from
34a condition that if not treated would likely result in the
35animal’s death, and no veterinarian is available to provide
-15-1such treatment on the premises.
2c. A local authority or the department may contract with
3an animal care provider for the maintenance of the animal.
4The local authority or the department shall pay the animal
5care provider for the animal’s maintenance regardless of
6proceeds received from the disposition of the animal or any
7reimbursement ordered by a court pursuant to section 717B.12.
85. During the period of temporary disposition, the animal
9shall not be subject to any veterinary procedure, unless any
10of the following apply:
11a. The responsible party consents to the procedure. The
12consent shall be in the form of a statement signed and dated by
13the responsible party and notarized as provided in chapter 9B.
14 The responsible party shall receive a copy of the completed
15consent form. The responsible party may elect to have the
16medical procedure performed by a veterinarian designated by the
17responsible party.
18b. A court order requires the procedure to be performed.
196. a. If the animal is maintained on the premises, the
20responsible party may provide for the care of the animal at any
21time.
22b. If the animal is removed to be maintained at an
23alternative premises under the control of a local authority
24or the department, the responsible party may visit the
25premises during regular business hours. The responsible party
26may require that the animal be examined by a veterinarian
27designated by the responsible party.
28c. A veterinarian who participates in making a decision
29under this section shall not be involved in maintaining the
30animal if the animal is removed from the premises pursuant to
31court order as provided in this section.
32d. The local authority or the department shall provide
33for the return of the animal to the responsible party, if
34a veterinarian designated by the local authority or the
35department determines that the livestock’s removal is no longer
-16-1required to prevent its death.
2 Sec. 15. NEW SECTION. 717B.12 Permanent dispositional
3proceedings.
41. A court ordering the temporary disposition of an animal
5pursuant to section 717B.11 shall determine if the animal is a
6threatened animal.
7a. The hearing to determine if the animal is a threatened
8animal shall be a civil proceeding. If the case is related to
9a criminal proceeding, the disposition shall not be part of
10that proceeding and shall not be considered a criminal penalty
11imposed on a person found in violation of this chapter.
12b. The hearing shall be conducted within ten days after
13the court’s issuance of an order for temporary disposition.
14However, the responsible party shall be provided adequate
15time to obtain legal counsel prior to any court proceeding
16related to the animal’s temporary disposition. In making the
17determination, the court shall consider all circumstances in
18the case. The court may continue the hearing for up to thirty
19days upon motion by a party and for good cause. However, the
20court shall hold a hearing immediately if it is satisfied by
21clear and convincing evidence that the animal is permanently
22distressed by disease or injury to a degree that would result
23in severe or prolonged suffering.
24c. A statement made by the owner of the animal or an
25enterprise representative to an enforcement officer is
26inadmissible, unless the statement is made without coercion or
27inducement, and is recorded by the enforcement officer using
28video and audio equipment as required in section 717B.10.
292. If a court determines that an animal is not a threatened
30animal, the court shall order that the animal be immediately
31returned to the responsible party.
32a. The court may order the responsible party to be awarded
33court costs and reasonable investigative fees, attorney fees,
34communication expenses, witness fees and expenses, and travel
35expenses, which shall be taxed as part of the costs of the
-17-1action.
2b. A local authority or the department who is a party to
3the case, and a veterinarian who signs a statement providing
4for the removal of the animal, as provided in section
5717B.11, shall be jointly and severally liable for any damages
6incurred by the owner and enterprise proximately caused by
7the livestock’s removal and maintenance at the alternative
8premises.
9c. If the removed animal is returned to the responsible
10party, each veterinarian who signed a statement to remove the
11animal shall be subject to a fine of not less than one thousand
12dollars and not more than five thousand dollars. Each such
13animal removed shall be considered a separate offense. The
14moneys from the fine shall be deposited in the general fund of
15the state.
16d. If the animal is not returned to the responsible party
17within thirty days, and the owner of the animal has not
18voluntarily relinquished the animal, title to the animal is
19deemed transferred to the local authority or the department
20who is a party to the case. In that case, the local authority
21or the department shall reimburse any person who has a legal
22interest in the animal as provided in subsection 3.
233. a. If the court determines that the animal is
24threatened, the court shall order the local authority, or
25the department, as applicable, to permanently dispose of
26the threatened animal by sale or in any other manner deemed
27appropriate for the welfare of the livestock. The hearing
28shall be conducted within thirty days after the determination,
29unless the court grants a continuance for good cause. If the
30animal is sold, all of the following apply:
31(1) Within ten business days before the hearing, the local
32authority or the department who is a party in the case shall
33deliver a written notice of the hearing to each person who is
34known to have a legal interest in the animal.
35(2) Within fourteen business days before the hearing, the
-18-1local authority or the department who is a party to the case
2shall publish a notice of the hearing in a newspaper of general
3circulation in the county.
4b. Any person having a legal interest in the animal and
5appearing at the hearing shall be a party to the case and shall
6be provided with the opportunity to prove an interest in the
7animal. Any proceeds received by the party from the sale of
8the animal shall be subtracted from dispositional expenses
9incurred by the department or local authority in maintaining
10and disposing of the animal.
11c. This subsection shall not be construed to limit,
12restrict, impair, or subordinate the rights of a secured party
13or lender having a security interest in an animal or proceeds
14from the sale of the animal.
15 Sec. 16. Section 717D.5, Code 2021, is amended to read as
16follows:
17717D.5 Confiscation and disposition of animals.
181. A local authority may confiscate an animal that is
19involved in a violation of section 717D.2. An animal that is
20livestock shall be considered neglected and may be rescued and
21 disposed of as provided in section 717.5 sections 717.2C and
22717.2D. An animal which is not livestock shall be considered
23threatened and rescued and disposed of as provided in section
24717B.4 sections 717B.11 and 717B.12.
252. If an animal that is involved in a violation of section
26717D.2 is not rescued and disposed of pursuant to section
27717.5 or 717B.4 as described in subsection 1, it shall be
28forfeited to the state and subject to disposition as ordered
29by the court. In addition, the court shall order the owner of
30the animal to pay an amount which shall not be more than the
31expenses incurred in maintaining or disposing of the animal.
32The court may also order that the person pay reasonable
33attorney fees and expenses related to the investigation of the
34case that shall be taxed as other court costs. If more than
35one person has a divisible interest in the animal, the amount
-19-1required to be paid shall be prorated based on the percentage
2of interest in the animal owned by each person. The moneys
3shall be paid to the local authority incurring the expense.
4The amount shall be subtracted from proceeds which are received
5from the sale of the animal ordered by the court.
6 Sec. 17. Section 717F.5, subsection 2, paragraph b, Code
72021, is amended to read as follows:
8b. If the court orders a permanent disposition of the
9dangerous wild animal, the dangerous wild animal shall be
10subject to disposition as provided in section 717B.4 sections
11717B.11 and 717B.12, and the responsible party shall be
12assessed costs associated with its seizure, custody, and
13disposition as provided in that section those sections. The
14department may find long-term placement for the dangerous wild
15animal with a wildlife sanctuary or institution accredited or
16certified by the American zoo and aquarium association.
17 Sec. 18. REPEAL. Sections 717.2A, 717B.4, and 717B.5, Code
182021, are repealed.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22GENERAL. This bill amends three related Code chapters
23providing for the care of animals that are confined (excluding
24wildlife in nature). Code chapter 162 provides for the
25administrative regulation of commercial establishments
26that breed, board, or sell animals other than livestock
27(Code section 162.1). Its provisions are administered and
28enforced by the department of agriculture and land stewardship
29(DALS). Code chapters 717 and 717B are closely connected and
30principally provide enforcement of state criminal statutes
31prohibiting animal mistreatment such as abuse (Code sections
32717.1A and 717B.2) or neglect (Code sections 717.2 and
33717B.3). Each Code chapter authorizes the rescue, maintenance,
34and disposition of livestock or other animals under the
35jurisdiction of a court (Code sections 717.2A, 717.5, 717B.4,
-20-1and 717B.5). Both Code chapters are principally enforced by
2a local authority’s law enforcement officer (a county sheriff
3or city police force). However, Code chapter 717 authorizes
4DALS to take action to protect livestock in immediate need of
5sustenance, also by petitioning a court (Code sections 717.3
6through 717.5).
7COMMERCIAL ESTABLISHMENTS. A person authorized by DALS
8to operate a commercial establishment must provide an animal
9under its control with a minimum standard of care (Code section
10162.10A). DALS may seize and sell or destroy an animal that
11does not receive such care (Code section 162.13). The bill
12provides that if DALS is investigating a complaint alleging
13animal mistreatment, it must comply with new procedures for
14investigating, removing, and caring for the animal as provided
15in amendments to Code chapter 717B.
16LIVESTOCK AND OTHER ANIMALS — ELIMINATION OF PROVISIONS.
17 The bill eliminates provisions which (1) allow a law
18enforcement officer to rescue neglected livestock (Code section
19717.2A) and (2) authorize a local authority to petition a court
20to hold an expedited dispositional proceeding in which the
21court determines if the livestock is neglected, and whether to
22order the livestock’s maintenance and disposition by sale or
23destruction (Code section 717.5). The bill eliminates similar
24provisions that allow a law enforcement officer to rescue other
25animals (Code section 717B.5) and authorizes a local authority
26to petition a court to hold an expedited dispositional
27proceeding (Code section 717B.4). The bill retains provisions
28that allow DALS to take action to provide for the immediate
29sustenance of livestock (Code sections 717.3 through 717.5).
30INVESTIGATION. The bill provides that the owner or
31enterprise is entitled to receive a copy of a complaint
32alleging mistreatment. In the case of livestock, the
33mistreatment is in the form of neglect. In the case of other
34animals, the mistreatment is in the form of abuse, neglect,
35or torture. A warrant is required to enter onto the premises
-21-1where the livestock or other animal is kept. The owner or
2representative may be present during the entry and the owner or
3representative may make a recording of the investigation.
4TEMPORARY DISPOSITIONAL PROCEEDINGS. The bill provides
5that a court must hold a proceeding to determine the temporary
6disposition of the livestock or other animal (new Code sections
7717.2C and 717B.11). In a case involving livestock, the
8petitioner is a local authority. In a case involving another
9animal, the petitioner may be a local authority or DALS. The
10court’s determination must be based on a statement signed by
11two veterinarians who visited the premises and examined the
12livestock or other animal. The statement must be accompanied
13by a recording of the examination. The court may order the
14livestock or other animal to remain on the premises of the
15owner or representative or be removed to another location
16if necessary to preserve the life of the livestock or other
17animal. The livestock or other animal is prohibited from being
18subject to any veterinary procedure, unless by consent of the
19owner or representative or order by the court. The court must
20determine whether the owner or representative will stand as the
21responsible party in the controversy.
22PERMANENT DISPOSITIONAL PROCEEDINGS. A court ordering the
23temporary disposition of livestock must determine if the animal
24is neglected (new Code section 717.2D) and a court ordering
25temporary disposition of another animal must determine whether
26it is threatened, meaning it has been neglected, abused,
27or tortured (new Code section 717B.11). In each case, if
28the court determines livestock is not neglected or another
29animal is not threatened, the animal must be returned to the
30responsible party. The court may order the responsible party
31to be awarded court costs and other reasonable fees associated
32with the case. A local authority or DALS who is a party to
33the case, and a veterinarian who signs a statement providing
34for the removal of the livestock, shall be jointly and
35severally liable for any damages incurred by the responsible
-22-1party proximately caused by the removal. In addition, each
2veterinarian who signed a statement to remove the livestock or
3animal is subject to a fine of not less than $1,000 and not
4more than $5,000 for each livestock or animal removed. If the
5livestock or other animal is not returned to the responsible
6party within 30 days, title to the livestock or other animal
7is transferred to the local authority or DALS who is a party
8to the case. In that case, the local authority or DALS
9must reimburse the persons who have a legal interest in the
10livestock or other animal.
11The bill eliminates a provision that shields a county or
12city from liability for acts or omissions resulting from the
13enforcement of the Code chapters (Code section 670.4).
-23-da/ns