Bill: Senate File 564
Committee: Natural Resources
Date: May 25, 2007
Staff: Kristin Kunert (1-3026)
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Regulating Dangerous Wild Animals, Including Possession and Ownership
Senate File 564 defines dangerous wild animals, allows the department of agriculture and land stewardship to administer the bill’s provisions, and establishes exceptions for businesses dealing with pelts or meat and certain zoos.
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Summary of Action
The House PASSED SF 564 on April 17, 2007 by a vote of 80-19.
The Senate PASSED SF 564 on April 3, 2007 by a vote of 48-0.
The Governor SIGNED SF 564 on May 25, 2007.
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Section by Section Analysis
Section 1. Definitions
Section 2. RULEMAKING == CHAPTER 28EAGREEMENTS == ASSISTANCE OF ANIMAL WARDEN.
1. The department shall administer this chapter by doing all of the following:
a. Adopting rules as provided in chapter 17A for the administration and enforcement of this chapter.
b. Entering into agreements with public agencies pursuant to chapter 28E as the department determines necessary for the administration and enforcement of this chapter.
2. An animal warden as defined in section 162.2 shall assist the department in seizing and maintaining custody of dangerous wild animals.
Section 3. DANGEROUS WILD ANIMALS == PROHIBITIONS.
Except as otherwise provided in this chapter, a person shall not do any of the following:
1. Own or possess a dangerous wild animal.
2. Cause or allow a dangerous wild animal owned by a person or in the person's possession to breed.
3. Transport a dangerous wild animal into this state.
Section 4. OWNING OR POSSESSIONG DANGERSOU WILD ANIMALS
- must be 18 or older, not been convicted of an offense involving abuse or neglect of an animal, must not have ever had a suspended license dealing with the care and breeding of animals, not been convicted of a felony dealing with animals within the last 10 years, must not have been convicted of a misdemeanor of a felony in the last 10 years dealing with controlled substance.
- within 60 days they must put an electronic tracking devise on all animals, not later then December 31, 2007 they must notify department of the following:
o Name, address and phone number
o Sworn affidavit that they meet the requirements necessary to own these types of animals
o Complete inventory of all animals
§ The number according to species
§ Manufacturers number of the electronic devices
§ Location of each animal (where they are kept)
§ Approximate age, sex, color, weight etc.
§ Information of veterinarian with a statement that says the animal is in good health
§ Color photograph of animal
§ Copy of current insurance for animals
- Must pay department registration fee, maintain health records and confine the animal primary enclosure required by the department
- Display a sign stating the animals location
- Notify officials if any animal escapes
- Strictly liable for any offense the animal does
- If the person is no longer able to care for the animal
o Must notify the department with plans of disposition of the animal
o Must dispose of animal by transferring ownership and possession to a wildlife sanctuary or euthanasia.
Section 5. SEIZURE, CUSTODY AND DISPOSAL OF WILD ANIMALS
- sets up the circumstances of disposal, transfer and custody of the wild animals
Section 6. you cannot intentionally cause the escape of a wild animal
Section 7. EXEMPTIONS
- accredited institution from the American zoo and aquarium association
- wildlife sanctuary
- person with a falconry license from the DNR
- dangerous animals possessed as an agricultural animal
- dangerous animal as a assistive animal
- harvest the dangerous wild animal as a hunter or trapper
- anyone with a wildlife rehabilitation permit from the DNR
- Circus’s that have city permits
- A city
- Nonprofit corp that is a municipal zoo
- State fairs
- Research facility
- Veterinarians
- Pounds
- Animals shelters
- County conservation board
- Department in charge of administration of these rules
- Person temporarily transporting animals through the state as long as the transit time is not more then 96 hours
- A public agency
- A person who keeps a wild animal with the following conditions
o Licensed by the US department of ag
o Registered by the state Department
Section 8. DANGEROUS WILD ANIMAL REGISTRATION FEES
The amounts of the original registration fees shall be as follows:
- $500 for an elephant
- $500 for a rhinoceros
- $300 for a bear, leopard, tiger, puma, jaguar, cougar, apes, gorillas, orangutans, chimpanzees,
- $200 for bobcats, clouded leopards, cheetahs and lynx
- $150 for the old world monkey class
- $100 for all species of wild cats, alligators, crocodiles
- $50 for new world monkey class, crocodile monitors, mole vipers, burrowing asps, beaded lizards, gila monsters and species of snakes.
Section 9. DANGEROUS WILD ANIMAL REGISTRATION FUND
Creates the Dangerous wild animal fund that is composed of moneys appropriated by the general assembly and fees taken from registration. The moneys must be used to administer and enforce the provisions in this chapter.
Section 10. ENFORCEMENT
The Department of Agriculture is the principal agency charged with enforcement
Section 11. CIVIL PENALTY
A person who owns or possesses a wild animals and violates a provision of this chapter is subject to a civil penalty of not less then $200 and not more than $2000 for each animal involved
Section 12. INJUNCTIVE RELIEF
The courts of this state may prevent and restrain violations of this chapter through the issuance of an injunction
Section 13. CRIMINAL PENALTIES
A person who intentionally causes a dangers wild animal to escape is guilty of an aggravated misdemeanor
Section 14. it is the intent of the general assembly that any additional full time equivalent positions authorized to be filled by the department relating to the regulation of person required to register with the department by eliminated once the regulation is no longer necessary
Amendments
FAILED
H-1612 Palmer - includes the fox to the exempted animals that aren’t covered by the bill Lost on a voice vote
WITHDRAWN
H-1711 Greiner – feral swine
H-1744 Whitaker – feral swine