Print
Senate Study Bill 1195 - IntroducedA Bill ForAn Act 1limiting local legislation that prohibits the operation
2of an animal enterprise or the use of a working animal.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 189.32 Limits on local legislation
2— animal enterprises and working animals.
31. As used in this section, unless the context otherwise
4requires:
5a. “Animal” means any nonhuman vertebrate life form.
6b. (1) “Animal enterprise” means a commercial or academic
7enterprise that uses or sells animals or animal products for
8profit, food or fiber production, agriculture, education,
9research, or testing.
10(2) “Animal enterprise” includes but is not limited to any
11of the following:
12(a) A zoo, aquarium, commercial establishment as defined
13in section 162.2, furrier, circus, or person licensed by the
14United States department of agriculture as provided in 9 C.F.R.
15ch.1.
16(b) A domesticated animal event as defined in section 673.1
17or lawful competitive animal event.
18(c) Any event intended to exhibit or advance agricultural
19arts and sciences.
20c. “Financial hardship” means to impose a change of the
21financial condition of a person that causes a significant and
22prolonged disruption to the person’s ability to meet regular
23expenses and service existing debts by using the person’s
24current net income.
25d. “Local governmental entity” means any political
26subdivision, or any state authority which is not the general
27assembly, a court, or under the direction of a principal
28central department as enumerated in section 7E.5, including
29a city as defined in section 362.2, a county as provided in
30chapter 331, or any special purpose district.
31e. “Local legislation” means any ordinance, motion,
32resolution, amendment, regulation, or rule adopted by a local
33governmental entity.
34f. “Working animal” means an animal used for performing
35a specific duty or function in commerce, including but not
-1-1limited to entertainment, transportation, education, or
2exhibition.
32. a. Notwithstanding any provision of law to the contrary,
4a local governmental entity shall not adopt, administer,
5enforce, or continue in effect local legislation in a manner
6that prohibits or effectively prohibits the operation of an
7animal enterprise or the use of a working animal.
8b. Local legislation effectively prohibits the operation
9of an animal enterprise or use of a working animal if the
10local legislation would cause a person operating the animal
11enterprise or using the working animal to incur a financial
12hardship.
133. Local legislation described in subsection 2 that was
14adopted prior to the effective date of this Act is void and
15unenforceable on and after the effective date of this Act.
164. This section does not apply to limit a local governmental
17entity from adopting, administering, enforcing, or continuing
18in effect local legislation, if the local legislation is to
19administer or enforce a state or federal law and the state or
20federal government allows or requires the local legislation.
21 Sec. 2. NEW SECTION. 331.304B Limits on county legislation
22— animal enterprises and working animals.
23County legislation that regulates an animal enterprise or
24working animal is preempted by state law as provided in section
25189.32.
26 Sec. 3. NEW SECTION. 380.12 Limits on city legislation —
27animal enterprises and working animals.
28City legislation that regulates an animal enterprise or
29working animal is preempted by state law as provided in section
30189.32.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill limits a local governmental entity such as a county
35or city from adopting, administering, enforcing, or continuing
-2-1in effect local legislation that prohibits or effectively
2prohibits the operation of an animal enterprise or the use of a
3working animal. The test to determine an effective prohibition
4is whether it imposes a financial hardship.
5The bill provides that an animal enterprise is a commercial
6or academic enterprise that uses or sells animals or animal
7products for profit, food or fiber production, agriculture,
8education, research, or testing. A working animal is an animal
9used to perform a specific duty or function in commerce.
10The bill’s limitation does not prevent a local governmental
11entity from administering or enforcing a state or federal law
12if the local government entity is required or allowed by the
13state or federal government to do so.
-3-da/ns
2of an animal enterprise or the use of a working animal.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 189.32 Limits on local legislation
2— animal enterprises and working animals.
31. As used in this section, unless the context otherwise
4requires:
5a. “Animal” means any nonhuman vertebrate life form.
6b. (1) “Animal enterprise” means a commercial or academic
7enterprise that uses or sells animals or animal products for
8profit, food or fiber production, agriculture, education,
9research, or testing.
10(2) “Animal enterprise” includes but is not limited to any
11of the following:
12(a) A zoo, aquarium, commercial establishment as defined
13in section 162.2, furrier, circus, or person licensed by the
14United States department of agriculture as provided in 9 C.F.R.
15ch.1.
16(b) A domesticated animal event as defined in section 673.1
17or lawful competitive animal event.
18(c) Any event intended to exhibit or advance agricultural
19arts and sciences.
20c. “Financial hardship” means to impose a change of the
21financial condition of a person that causes a significant and
22prolonged disruption to the person’s ability to meet regular
23expenses and service existing debts by using the person’s
24current net income.
25d. “Local governmental entity” means any political
26subdivision, or any state authority which is not the general
27assembly, a court, or under the direction of a principal
28central department as enumerated in section 7E.5, including
29a city as defined in section 362.2, a county as provided in
30chapter 331, or any special purpose district.
31e. “Local legislation” means any ordinance, motion,
32resolution, amendment, regulation, or rule adopted by a local
33governmental entity.
34f. “Working animal” means an animal used for performing
35a specific duty or function in commerce, including but not
-1-1limited to entertainment, transportation, education, or
2exhibition.
32. a. Notwithstanding any provision of law to the contrary,
4a local governmental entity shall not adopt, administer,
5enforce, or continue in effect local legislation in a manner
6that prohibits or effectively prohibits the operation of an
7animal enterprise or the use of a working animal.
8b. Local legislation effectively prohibits the operation
9of an animal enterprise or use of a working animal if the
10local legislation would cause a person operating the animal
11enterprise or using the working animal to incur a financial
12hardship.
133. Local legislation described in subsection 2 that was
14adopted prior to the effective date of this Act is void and
15unenforceable on and after the effective date of this Act.
164. This section does not apply to limit a local governmental
17entity from adopting, administering, enforcing, or continuing
18in effect local legislation, if the local legislation is to
19administer or enforce a state or federal law and the state or
20federal government allows or requires the local legislation.
21 Sec. 2. NEW SECTION. 331.304B Limits on county legislation
22— animal enterprises and working animals.
23County legislation that regulates an animal enterprise or
24working animal is preempted by state law as provided in section
25189.32.
26 Sec. 3. NEW SECTION. 380.12 Limits on city legislation —
27animal enterprises and working animals.
28City legislation that regulates an animal enterprise or
29working animal is preempted by state law as provided in section
30189.32.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill limits a local governmental entity such as a county
35or city from adopting, administering, enforcing, or continuing
-2-1in effect local legislation that prohibits or effectively
2prohibits the operation of an animal enterprise or the use of a
3working animal. The test to determine an effective prohibition
4is whether it imposes a financial hardship.
5The bill provides that an animal enterprise is a commercial
6or academic enterprise that uses or sells animals or animal
7products for profit, food or fiber production, agriculture,
8education, research, or testing. A working animal is an animal
9used to perform a specific duty or function in commerce.
10The bill’s limitation does not prevent a local governmental
11entity from administering or enforcing a state or federal law
12if the local government entity is required or allowed by the
13state or federal government to do so.
-3-da/ns