Bill Text: IA SF283 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act prohibiting the declawing of cats, and providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-02-20 - Subcommittee: Zumbach, Alons, and T. Taylor. S.J. 361. [SF283 Detail]
Download: Iowa-2023-SF283-Introduced.html
Senate
File
283
-
Introduced
SENATE
FILE
283
BY
DONAHUE
A
BILL
FOR
An
Act
prohibiting
the
declawing
of
cats,
and
providing
1
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
169B.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Cat”
means
a
domesticated
animal
classified
as
belonging
4
to
the
family
felidae,
subfamily
felinae,
and
genus
felis.
5
2.
a.
“Declawing
procedure”
means
any
of
the
following:
6
(1)
A
procedure
referred
to
as
onychectomy,
dactylectomy,
7
phalangectomy,
or
tendonectomy.
8
(2)
A
procedure
that
removes
a
portion
of
the
paw
or
digit
9
of
an
animal
in
order
to
remove
an
animal’s
claw.
10
(3)
A
procedure
that
cuts
or
modifies
the
tendon
of
the
11
limb,
paw,
or
digit
of
an
animal
in
order
to
prohibit
the
12
normal
movement
of
a
claw.
13
(4)
A
procedure
that
prevents
the
normal
functioning
of
one
14
or
more
claws
of
an
animal.
15
b.
“Declawing
procedure”
does
not
mean
nail
filing,
nail
16
trimming,
or
the
placement
of
temporary
nail
caps
on
an
17
animal’s
claw.
18
3.
a.
“Therapeutic
purpose”
means
any
action
to
address
an
19
existing
or
recurring
infection,
disease,
injury,
or
abnormal
20
condition
in
a
claw,
nail
bed,
or
toe
bone
that
jeopardizes
21
the
health
of
an
animal
and
treating
the
infection,
disease,
22
injury,
or
abnormal
condition
constitutes
a
medical
necessity.
23
b.
“Therapeutic
purpose”
does
not
mean
an
action
performed
24
for
cosmetic
or
aesthetic
reasons
or
reasons
of
convenience
in
25
the
keeping
or
handling
of
an
animal.
26
Sec.
2.
NEW
SECTION
.
169B.2
Prohibition
——
exception
for
27
therapeutic
purpose.
28
1.
A
person
shall
not
perform
a
declawing
procedure
on
a
29
cat.
30
2.
Subsection
1
does
not
apply
to
a
licensed
veterinarian
31
who
performs
a
declawing
procedure
on
a
cat
for
a
therapeutic
32
purpose.
33
Sec.
3.
NEW
SECTION
.
169B.3
Civil
penalty
——
scheduled
34
violation.
35
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A
violation
of
section
169B.2
is
punishable
as
a
scheduled
1
violation
under
section
805.8C.
2
Sec.
4.
NEW
SECTION
.
169B.4
Enforcement.
3
This
chapter
may
be
enforced
by
any
of
the
following:
4
1.
A
regularly
employed
member
of
a
police
force
of
a
city
5
or
county,
including
a
sheriff,
who
is
responsible
for
the
6
prevention
and
detection
of
crime
and
the
enforcement
of
the
7
criminal
laws
of
this
state.
8
2.
A
peace
officer
member
of
the
department
of
public
safety
9
as
defined
in
chapter
80.
10
Sec.
5.
Section
805.8C,
Code
2023,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
15.
Cat
declawing.
13
a.
For
a
violation
of
section
169B.2,
the
scheduled
fine
14
is
a
civil
penalty.
The
amount
of
the
scheduled
fine
is
as
15
follows:
16
(1)
For
an
initial
violation,
the
person
shall
be
subject
to
17
a
civil
penalty
in
the
amount
of
five
hundred
dollars.
18
(2)
For
a
second
violation
committed
within
two
years,
the
19
person
shall
be
subject
to
a
civil
penalty
in
the
amount
of
one
20
thousand
five
hundred
dollars.
21
(3)
For
a
third
or
subsequent
violation
committed
within
22
five
years,
the
person
shall
be
subject
to
a
civil
penalty
in
23
the
amount
of
two
thousand
five
hundred
dollars.
24
b.
The
amount
of
the
civil
penalty
shall
be
deposited
as
25
follows:
26
(1)
In
the
general
fund
of
the
county
or
city
if
the
27
violation
is
enforced
by
a
law
enforcement
officer
of
the
28
county
or
city.
29
(2)
In
the
general
fund
of
the
state
if
the
violation
is
30
enforced
by
a
peace
officer
member
of
the
department
of
public
31
safety
as
defined
in
chapter
80.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
prohibits
a
person
from
declawing
a
cat
unless
1
the
procedure
is
performed
by
a
licensed
veterinarian
for
2
a
therapeutic
purpose
(new
Code
chapter
169B).
A
person
3
who
violates
the
provision
is
subject
to
a
range
of
civil
4
penalties
from
$500
for
an
initial
violation,
$1,500
for
a
5
second
violation
within
two
years,
and
$2,500
for
a
third
6
or
subsequent
violation
within
five
years.
The
offense
is
7
punishable
as
a
scheduled
violation,
in
which
the
amount
of
8
the
civil
penalty
is
deposited
into
the
general
fund
of
the
9
county,
city,
or
state
depending
upon
the
enforcement
officer’s
10
jurisdiction.
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