Bill Text: IA SF2214 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to animals owned by certain enterprises, including by providing for procedures for the inspection of premises, the removal of animals, the care of animals in custody, and the disposition of animals by court order, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-11 - Subcommittee: Sweeney, Bisignano, and Shipley. S.J. 275. [SF2214 Detail]
Download: Iowa-2019-SF2214-Introduced.html
Senate
File
2214
-
Introduced
SENATE
FILE
2214
BY
GUTH
A
BILL
FOR
An
Act
relating
to
animals
owned
by
certain
enterprises,
1
including
by
providing
for
procedures
for
the
inspection
of
2
premises,
the
removal
of
animals,
the
care
of
animals
in
3
custody,
and
the
disposition
of
animals
by
court
order,
and
4
providing
penalties.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
162.13,
subsection
2,
Code
2020,
is
1
amended
to
read
as
follows:
2
2.
a.
The
failure
of
a
person
who
owns
or
operates
a
3
commercial
establishment
to
meet
the
standard
of
care
required
4
in
section
162.10A,
subsection
1
,
is
a
simple
misdemeanor.
5
b.
The
animals
are
subject
to
seizure
and
impoundment
and
6
may
be
sold
or
destroyed
as
provided
by
rules
which
shall
be
7
adopted
by
the
department
pursuant
to
chapter
17A
.
The
rules
8
shall
provide
for
the
destruction
of
an
animal
by
a
humane
9
method,
including
by
euthanasia.
However,
if
the
animals
10
are
owned
by
an
enterprise
as
defined
in
section
717A.1,
11
the
animals
shall
be
subject
to
removal,
confiscation,
and
12
disposition
as
provided
in
section
717A.5.
13
Sec.
2.
NEW
SECTION
.
717.7
Enterprises.
14
Notwithstanding
any
provision
in
this
chapter
to
the
15
contrary,
livestock
that
is
owned
by
an
enterprise
as
defined
16
in
section
717A.1,
shall
be
subject
to
removal,
confiscation,
17
and
disposition
as
provided
in
section
717A.5.
18
Sec.
3.
Section
717A.1,
Code
2020,
is
amended
by
adding
the
19
following
new
subsections:
20
NEW
SUBSECTION
.
10A.
“Enforcement
agency”
means
any
of
the
21
following:
22
a.
An
entity
responsible
for
the
prevention
and
detection
of
23
crime
and
the
enforcement
of
the
criminal
laws
of
this
state,
24
including
the
department
of
public
safety,
a
county
sheriff’s
25
office,
or
a
city’s
police
force.
26
b.
The
department
of
agriculture
and
land
stewardship.
27
NEW
SUBSECTION
.
10B.
“Enforcement
officer”
means
a
28
person
regularly
employed
by
an
enforcement
agency
to
conduct
29
investigations
in
which
a
person
may
be
subject
to
criminal
or
30
civil
proceedings.
31
NEW
SUBSECTION
.
10C.
“Enterprise”
means
a
person
32
organized
under
statute
or
common
law
in
this
state
or
33
another
jurisdiction
for
purposes
of
engaging
in
a
commercial
34
activity
on
a
profit,
cooperative,
or
not-for-profit
basis,
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including
but
not
limited
to
a
corporation
or
entity
taxed
1
as
a
corporation
under
the
Internal
Revenue
Code,
nonprofit
2
corporation,
cooperative
or
cooperative
association,
3
partnership,
limited
partnership,
limited
liability
company,
4
limited
liability
partnership,
investment
company,
joint
stock
5
company,
joint
stock
association,
or
trust,
including
but
not
6
limited
to
a
business
trust.
7
NEW
SUBSECTION
.
10D.
“Enterprise
representative”
or
8
“representative”
means
a
person
authorized
to
act
on
behalf
of
9
the
enterprise,
including
but
not
limited
to
a
shareholder
or
10
an
officer,
director,
or
employee
of
a
corporation,
or
a
member
11
or
manager
of
a
limited
liability
company.
12
NEW
SUBSECTION
.
14.
“Veterinarian”
means
a
veterinarian
as
13
defined
in
section
169.3
who
is
licensed
to
practice
veterinary
14
medicine
in
this
state.
15
Sec.
4.
NEW
SECTION
.
717A.5
Search
and
seizure
——
16
confiscation
——
disposition.
17
1.
An
enforcement
agency
shall
not
authorize
a
person
18
to
enter
onto
the
premises
of
an
enterprise
which
owns
an
19
animal,
if
the
purpose
of
the
entry
is
to
investigate
a
civil
20
or
criminal
offense
regarding
the
welfare
of
the
animal,
21
unless
the
enforcement
agency
obtains
a
search
warrant
issued
22
by
a
court
sitting
in
the
district
where
the
premises
are
23
located.
The
search
warrant
and
search
shall
comply
with
the
24
requirements
of
chapter
808.
The
search
warrant
shall
include
25
the
name
and
location
of
the
enterprise
subject
to
the
search;
26
the
names
and
titles
of
the
persons
conducting
the
search;
and
27
the
time,
date,
and
place
of
the
search.
A
copy
of
the
search
28
warrant
shall
be
presented
to
an
enterprise
representative.
29
2.
An
enforcement
officer
shall
not
interfere
with
or
remove
30
an
enterprise
representative
so
long
as
the
representative
does
31
not
physically
obstruct
the
investigation.
The
act
of
standing
32
in
close
proximity
to
an
enforcement
officer
who
is
conducting
33
an
investigation
does
not
constitute
interference
unless
the
34
act
impedes
the
enforcement
officer’s
path.
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3.
A
person,
other
than
an
enforcement
officer
or
1
veterinarian
designated
by
the
enforcement
agency,
shall
2
not
participate
in
the
investigation,
unless
the
enterprise
3
representative
consents
in
writing.
The
enterprise
4
representative
may
make
any
audio
or
visual
recording
of
the
5
investigation
without
interference
by
an
enforcement
officer.
6
4.
An
enforcement
officer
shall
not
threaten
to
confine
7
or
arrest
an
enterprise
representative
unless
the
enterprise
8
representative
physically
obstructs
or
attempts
to
physically
9
obstruct
an
investigation.
An
enforcement
officer
shall
not
in
10
any
manner
coerce
or
threaten
any
enterprise
representative.
11
Any
verbal
statement
or
promise
made
by
an
enforcement
officer
12
to
an
enterprise
representative
that
relates
to
relinquishing
13
an
animal
shall
be
deemed
coercion.
14
5.
An
enforcement
officer
shall
not
alter
the
premises
of
15
the
enterprise.
16
6.
An
enforcement
officer
shall
not
rely
upon
an
electronic
17
document
or
a
document
that
requires
an
electronic
signature.
18
7.
a.
An
animal
located
on
the
premises
of
an
enterprise
19
shall
not
be
removed
unless
all
of
the
following
apply:
20
(1)
Two
veterinarians
sign
a
statement
of
confiscation
21
under
penalty
of
perjury
that
removal
of
the
animal
is
22
necessary
in
order
to
treat
the
animal
suffering
from
a
23
condition
that
if
not
treated
would
likely
result
in
the
24
animal’s
death.
One
veterinarian
shall
be
selected
by
the
25
enforcement
agency
and
one
veterinarian
shall
be
selected
by
26
the
enterprise.
If
the
two
selected
veterinarians
cannot
27
agree
on
a
determination,
the
determination
shall
be
made
by
a
28
third
veterinarian
appointed
by
the
other
two.
A
veterinarian
29
shall
not
make
a
determination
under
this
section,
if
the
30
veterinarian
is
associated
with
a
person
who
would
maintain
the
31
animal
if
it
were
confiscated.
32
(2)
The
statement
of
confiscation
shall
describe
the
33
specific
reasons
why
removal
is
necessary,
including
any
34
specific
illness,
disease,
or
injury
that
requires
removal,
and
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the
treatment
to
be
prescribed.
1
(3)
The
statement
of
confiscation
shall
include
a
2
description
of
the
animal
being
removed,
including
the
species
3
of
the
animal,
and
methods
to
identify
the
animal.
The
methods
4
may
include
photographs
showing
all
four
sides
of
the
animal,
5
identifying
marks,
and
any
microchips,
tattoos,
or
ear
tags.
6
(4)
A
copy
of
the
statement
of
confiscation
shall
be
7
provided
to
the
enterprise
representative
immediately
at
the
8
conclusion
of
the
search.
9
b.
An
animal
located
on
the
premises
of
an
enterprise
shall
10
not
be
removed
if
an
animal
is
suffering
from
a
condition
that
11
may
be
treated
on
the
premises
of
the
enterprise.
A
condition
12
that
does
not
require
removal
includes
but
is
not
limited
to
13
worms,
giardia,
coccidiosis,
fleas,
or
minor
matting
of
the
14
coat.
15
c.
An
enforcement
agency
shall
not
remove
an
animal
if
the
16
animal
is
under
the
care
of
a
veterinarian.
17
8.
If
an
animal
is
confiscated,
and
until
a
court
orders
the
18
animal’s
disposition,
all
of
the
following
apply:
19
a.
The
enterprise
retains
all
rights
in
the
animal
20
until
all
judicial
remedies
are
exhausted
or
the
enterprise
21
voluntarily
relinquishes
its
ownership
interest
in
the
22
animal.
A
relinquishment
is
not
effective
until
the
enterprise
23
representative
signs
a
statement
of
abandonment.
The
statement
24
of
abandonment
shall
be
dated
and
notarized
under
chapter
9B.
25
b.
The
animal
shall
be
maintained
by
a
custodian
approved
26
by
the
court.
27
c.
A
person
designated
by
the
enterprise,
including
a
28
veterinarian,
may
visit
the
animal.
The
veterinarian
may
29
examine
and
take
photographs
or
a
recording
of
the
animal.
30
Upon
refusal
to
allow
a
visit
during
normal
business
hours,
31
the
custodian
shall
incur
all
expenses
associated
with
the
32
maintenance
until
the
court
orders
the
animal’s
removal
or
33
disposition.
34
d.
The
animal
shall
not
be
sterilized
without
the
consent
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of
the
enterprise.
The
enterprise
representative
must
sign
1
a
consent
form
authorizing
the
sterilization
which
shall
be
2
dated
and
notarized
pursuant
to
chapter
9B.
The
enterprise
3
representative
shall
receive
a
copy
of
the
completed
consent
4
form.
5
e.
The
animal
shall
not
be
subject
to
a
veterinary
6
procedure,
including
by
euthanizing
the
animal
unless
any
of
7
following
apply:
8
(1)
The
veterinary
procedure
is
authorized
by
the
9
enterprise.
The
enterprise
representative
must
sign
a
10
consent
form
authorizing
the
procedure
which
shall
be
dated
11
and
notarized
as
provided
in
chapter
9B.
Before
signing
the
12
consent
form,
the
enterprise
representative
must
be
provided
13
a
written
statement
detailing
why
the
procedure
is
necessary.
14
The
enterprise
representative
shall
receive
a
copy
of
the
15
completed
consent
form.
16
(2)
The
court
orders
the
veterinary
procedure.
17
f.
The
enterprise
may
elect
to
have
the
veterinary
procedure
18
performed
by
a
veterinarian
selected
by
the
enterprise
19
representative.
20
g.
The
animal
shall
be
removed
to
the
enterprise
if
a
21
veterinarian
determines
that
the
animal
would
not
likely
die
22
by
being
removed.
23
9.
An
enterprise
shall
have
adequate
time
to
obtain
legal
24
counsel
prior
to
any
court
proceeding
to
determine
the
animal’s
25
disposition.
In
making
the
determination,
the
court
shall
26
consider
all
circumstances
in
the
case.
27
10.
a.
If
an
animal
removed
to
custody
is
returned
to
an
28
enterprise,
the
court
shall
assess
each
veterinarian
who
signed
29
a
statement
of
confiscation
all
of
the
following:
30
(1)
All
expenses
incurred
by
the
enforcement
agency
in
31
moving
and
assuming
custody
of
the
animal.
The
expenses
shall
32
be
assigned
to
each
veterinarian
on
a
prorated
basis.
33
(2)
All
reasonable
expenses
incurred
by
the
enterprise,
34
including
attorney
fees,
investigative
fees,
court
costs,
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communication
expenses,
witness
fees
and
expenses,
and
travel
1
expenses.
2
b.
The
recovery
of
expenses
shall
only
take
place
after
3
final
agency
action
is
taken
under
chapter
17A,
or
upon
4
judicial
review,
after
final
disposition
of
the
case
by
the
5
court.
6
11.
If
an
animal
removed
to
custody
is
returned
to
the
7
enterprise,
each
veterinarian
who
signed
a
statement
of
8
confiscation
shall
be
subject
to
a
fine
of
not
less
than
one
9
thousand
dollars
and
not
more
than
five
thousand
dollars.
Each
10
animal
removed
shall
be
considered
a
separate
offense.
11
12.
If
an
animal
removed
to
custody
is
ordered
to
be
12
returned
to
an
enterprise
by
a
court,
but
is
not
returned
13
within
thirty
days,
the
animal
is
deemed
transferred
to
the
14
enforcement
agency.
In
that
case,
the
enforcement
agency
shall
15
reimburse
the
enterprise
the
fair
market
value
of
the
animal,
16
as
determined
by
the
court
after
a
hearing.
17
13.
a.
If
an
animal
removed
to
custody
is
not
returned
18
to
an
enterprise
pursuant
to
a
court
order,
and
the
owner
has
19
not
voluntarily
relinquished
the
animal,
all
of
the
following
20
apply:
21
(1)
The
enforcement
agency
shall
deliver
a
written
notice
22
to
each
person
who
is
known
to
have
a
legal
interest
in
the
23
animal
other
than
the
enterprise.
If
the
animal
is
sold,
the
24
enterprise,
and
any
other
person
who
has
a
legal
interest
in
25
the
animal,
may
petition
the
court
to
receive
moneys
remaining
26
from
the
sale
after
subtracting
any
expenses
associated
with
27
maintaining
and
disposing
of
the
animal.
The
remaining
moneys
28
shall
be
prorated
among
the
owners
based
on
each
owner’s
29
percentage
interest
in
the
animal.
30
(2)
A
sale
conducted
under
this
subsection
shall
not
occur
31
until
at
least
fourteen
days
after
a
notice
of
the
sale
is
32
published
once
in
a
newspaper
of
general
circulation
in
the
33
county
where
the
enterprise’s
premises
is
located.
34
(3)
The
enterprise
shall
receive
an
invoice
detailing
all
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costs
incurred
in
maintaining
the
animal
while
in
custody.
The
1
enterprise
may
contest
the
inventory
by
filing
a
petition
in
2
district
court
which
shall
suspend
the
disposition
until
the
3
matter
is
resolved.
4
b.
Nothing
in
this
subsection
shall
be
construed
to
limit,
5
restrict,
impair,
or
subordinate
a
right
of
a
person
having
a
6
security
interest
in
the
animal,
or
the
proceeds
from
the
sale
7
of
the
animal.
8
14.
a.
A
person
commits
false
investigation
if
all
of
the
9
following
apply:
10
(1)
The
person
makes
a
complaint
that
results
in
the
removal
11
of
an
animal
from
the
premises
of
an
enterprise
for
any
period.
12
(2)
The
animal
is
returned
to
the
enterprise.
13
(3)
If
the
removal
is
part
of
a
criminal
case,
the
charge
is
14
dismissed,
any
person
charged
is
acquitted,
or
any
person
who
15
is
charged
is
convicted
and
the
conviction
is
reversed.
16
b.
A
person
who
commits
false
investigation
is
guilty
of
17
a
simple
misdemeanor
punishable
by
a
fine
of
at
least
one
18
thousand
dollars
but
not
to
exceed
five
thousand
dollars.
Each
19
animal
removed
shall
be
considered
as
a
separate
offense.
20
Sec.
5.
NEW
SECTION
.
717B.10
Enterprises.
21
Notwithstanding
any
provision
in
this
chapter
to
the
22
contrary,
an
animal
that
is
owned
by
an
enterprise
as
defined
23
in
section
717A.1
shall
be
subject
to
removal,
confiscation,
24
and
disposition
as
provided
in
section
717A.5.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
amends
Code
chapter
717A
which
relates
to
offenses
29
involving
agricultural
production
facilities.
It
also
30
amends
Code
chapter
162
providing
for
the
care
of
animals
in
31
commercial
establishments;
Code
chapter
717
which
provides
32
for
the
rescue,
custodial
care,
and
disposition
of
neglected
33
or
abused
livestock;
and
Code
chapter
717B
which
provides
for
34
the
rescue,
custodial
care,
and
disposition
of
animals
other
35
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than
livestock
subject
to
neglect,
abuse,
or
torture.
The
1
bill
provides
a
number
of
procedures
required
to
be
followed
2
by
a
state
or
local
law
enforcement
agency
(e.g.,
county
3
sheriff)
or
the
department
of
agriculture
and
land
stewardship
4
entering
onto
the
business
premises
of
an
enterprise
(e.g.,
5
corporation
or
limited
liability
company)
in
order
to
conduct
6
an
investigation
regarding
the
mistreatment
of
an
animal.
7
It
also
provides
procedures
relating
to
the
conduct
of
the
8
inspection,
the
removal
of
animals
from
the
premises,
the
care
9
of
the
animals
in
custody,
and
the
disposition
of
the
animals
10
by
court
order.
The
bill
creates
a
criminal
offense
of
false
11
investigation.
A
person
who
makes
a
complaint
that
results
in
12
the
removal
of
an
animal
from
an
enterprise
for
any
period
is
13
subject
to
a
fine,
if
the
animal
is
returned
to
the
enterprise
14
and
no
criminal
charge
is
filed,
the
charge
is
dismissed,
any
15
person
charged
is
acquitted,
or
any
person
who
is
convicted
has
16
their
conviction
reversed.
A
person
who
commits
the
offense
17
is
guilty
of
a
simple
misdemeanor
which
is
punishable
by
18
confinement
for
no
more
than
30
days
and
a
fine
of
at
least
19
$1,000
but
not
more
than
$5,000.
20
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