Senate
File
236
-
Introduced
SENATE
FILE
236
BY
McCOY
A
BILL
FOR
An
Act
providing
for
zoos
keeping
dangerous
wild
animals,
1
making
penalties
applicable,
and
including
applicability
and
2
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
717F.1,
Code
2013,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
12.
“Zoo”
means
a
park,
building,
3
cage,
enclosure,
or
other
structure
or
premise
in
which
a
4
dangerous
wild
animal
is
kept
for
public
exhibition
or
viewing,
5
regardless
of
whether
a
person
who
owns
or
possesses
the
6
dangerous
wild
animal
receives
compensation.
7
Sec.
2.
Section
717F.7,
subsection
20,
Code
2013,
is
amended
8
to
read
as
follows:
9
20.
A
person
who
keeps
a
dangerous
wild
animal
pursuant
to
10
all
of
the
following
conditions:
11
a.
The
person
is
licensed
by
the
United
States
department
of
12
agriculture
as
provided
in
9
C.F.R.
ch.
I.
13
b.
The
person
is
registered
by
the
department
of
agriculture
14
and
land
stewardship.
Upon
a
complaint
filed
with
the
15
department
of
agriculture
and
land
stewardship,
the
department
16
may
shall
inspect
the
premises
or
investigate
the
practices
of
17
the
registered
person
and
suspend
or
revoke
the
registration
18
for
the
same
causes
and
in
the
same
manner
as
provided
in
19
section
162.12
.
20
c.
The
location
where
the
person
keeps
the
dangerous
21
wild
animal
is
not
a
zoo,
unless
the
location
is
part
of
an
22
institution
accredited
or
certified
by
the
American
zoo
and
23
aquarium
association.
24
Sec.
3.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
25
immediate
importance,
takes
effect
upon
enactment.
26
Sec.
4.
APPLICABILITY.
27
1.
This
section
applies
to
a
person
who
owns
or
possesses
a
28
dangerous
wild
animal
immediately
prior
to
the
effective
date
29
of
this
Act
as
provided
in
section
717F.7,
subsection
20,
but
30
who
is
prohibited
from
owning
or
possessing
a
dangerous
wild
31
animal
on
and
after
the
effective
date
of
this
Act.
32
2.
The
person
described
in
subsection
1
may
continue
to
33
own
or
possess
the
dangerous
wild
animal
as
provided
in
Code
34
chapter
717F
in
the
same
manner
as
a
person
who
complies
with
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236
the
requirements
of
section
717F.4.
However,
all
of
the
1
following
apply:
2
a.
The
person
has
sixty
days
after
the
effective
date
of
3
this
Act
to
comply
with
the
requirements
of
section
717F.4,
4
subsection
3.
5
b.
The
person
has
until
December
31,
2013,
to
comply
with
6
the
requirements
of
section
717F.4,
subsection
4.
7
EXPLANATION
8
GENERAL.
This
bill
amends
Code
chapter
717F,
which
9
regulates
the
ownership
or
possession
of
dangerous
wild
10
animals,
including
wolves,
coyotes,
jackals,
hyenas,
lions,
11
tigers,
cougars,
leopards,
cheetahs,
ocelots,
servals,
bears,
12
pandas,
rhinoceroses,
elephants,
primates
other
than
humans,
13
alligators,
crocodiles,
water
monitors,
venomous
snakes,
14
and
certain
constrictors
(pythons
and
anacondas).
The
15
department
of
agriculture
and
land
stewardship
is
charged
with
16
administering
and
enforcing
the
Code
chapter’s
provisions,
17
although
the
department
may
execute
an
agreement
with
18
another
government
entity
(Code
section
717F.2).
A
person
19
is
prohibited
from
owning
or
possessing
such
an
animal
or
20
transporting
the
animal
into
this
state
(Code
section
717F.3).
21
EXCEPTIONS.
There
are
several
exceptions
that
allow
a
22
person
to
own
or
possess
a
dangerous
wild
animal,
including
23
a
person
who
had
possession
of
the
animal
on
July
1,
2007,
24
subject
to
certain
conditions
(Code
section
717F.4).
A
person
25
may
also
keep
such
an
animal
if
specifically
exempt
from
the
26
Code
chapter
(Code
section
717F.7).
One
exemption
applies
to
27
an
institution
accredited
or
certified
by
the
American
zoo
and
28
aquarium
association.
Another
exemption
applies
to
a
person
29
who
has
been
issued
a
license
by
the
United
States
department
30
of
agriculture
to
keep
a
dangerous
wild
animal
so
long
as
the
31
person
is
registered
with
the
department
of
agriculture
and
32
land
stewardship
and
such
registration
has
not
been
suspended
33
or
revoked
(Code
section
162.12).
34
BILL’S
PROVISIONS.
The
bill
requires
the
department
to,
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upon
complaint,
conduct
an
inspection
of
the
premises
or
1
investigate
the
practices
of
a
registrant
licensed
by
the
2
United
States
department
of
agriculture.
It
also
provides
3
that
if
the
dangerous
wild
animal
is
kept
in
a
zoo,
that
zoo
4
must
also
be
accredited
or
certified
by
the
American
zoo
and
5
aquarium
association.
Finally,
the
bill
allows
a
person
no
6
longer
qualifying
for
the
exemption
on
the
bill’s
effective
7
date
to
retain
possession
of
the
animal
subject
to
the
same
8
restrictions
as
a
person
who
had
possession
of
such
animal
on
9
July
1,
2007.
10
APPLICABLE
ENFORCEMENT
ACTIONS
AND
PENALTIES.
A
person
11
who
violates
a
provision
of
the
bill
is
subject
to
a
number
12
of
provisions.
The
person’s
dangerous
wild
animal
is
subject
13
to
seizure,
custody,
and
disposal
(Code
section
717F.5).
The
14
person
is
subject
to
a
civil
penalty
of
not
more
than
$2,000
15
for
each
such
animal
involved
in
the
violation
(Code
section
16
717F.11),
a
court
may
restrain
a
violation
by
issuing
an
17
injunction
(Code
section
717F.12),
and
the
person
is
guilty
of
18
an
aggravated
misdemeanor
if
the
person
intentionally
causes
an
19
animal
to
escape.
An
aggravated
misdemeanor
is
punishable
by
20
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
21
$625
but
not
more
than
$6,250.
22
EFFECTIVE
DATE.
The
bill
takes
effect
upon
enactment.
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