Senate File 2301     



                                    SENATE FILE       
                                    BY  COMMITTEE ON COMMERCE

                                    (SUCCESSOR TO SSB
                                        3159)
          (As Amended and Passed by the Senate March 12, 2012)

                                         A BILL FOR

     1 An Act providing for the payment of expenses incurred by a
     2    local authority when providing for rescue, maintenance, or
     3    disposition of certain animals in commercial establishments.
     4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
       SF 2301 (3) 84
       da/nh/jh

PAG LIN



  1  1    Section 1.  Section 162.2, Code 2011, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  12A.  "Dispositional expenses" means the
  1  4 same as defined in section 717B.1.
  1  5    NEW SUBSECTION.  16A.  "Local authority" means the same as
  1  6 defined in section 717B.1.
  1  7    Sec. 2.  Section 162.2C, Code 2011, is amended by adding the
  1  8 following new subsections:
  1  9    NEW SUBSECTION.  2A.  The fiscal year of the fund begins July
  1 10 1 and ends June 30. Fiscal quarters of the fund begin July 1,
  1 11 October 1, January 1, and April 1.
  1 12    NEW SUBSECTION.  2B.  The fund shall include two accounts, a
  1 13 general account and a dispositional account.
  1 14    a.  Except as provided in paragraph "b", the general account
  1 15 is composed of all moneys deposited in the fund as provided
  1 16 in subsection 2. The department shall utilize moneys in
  1 17 the general account to provide for  the administration and
  1 18 enforcement of this chapter.
  1 19    b.  The dispositional account is composed of all fees
  1 20 collected pursuant to section 162.2B, until the department
  1 21 determines that the account has achieved a threshold of
  1 22 at least two hundred fifty thousand dollars. At the end
  1 23 of each fiscal quarter the department shall determine the
  1 24 balance of unencumbered and unobligated moneys in the account,
  1 25 and may transfer any moneys in the account exceeding the
  1 26 threshold to the general account.  The department shall
  1 27 return any unexpended and unobligated moneys expended from the
  1 28 dispositional account back to that account, or the general
  1 29 account if the dispositional account's threshold is achieved.
  1 30    Sec. 3.  NEW SECTION.  162.2D  Payment of dispositional
  1 31 expenses incurred by local authorities.
  1 32    1.  The department shall utilize the moneys deposited into
  1 33 the dispositional account of the commercial establishment fund
  1 34 created in section 162.2C to pay eligible claims submitted to
  1 35 the department by local authorities for dispositional expenses
  2  1 incurred by the local authority, including by providing for the
  2  2 maintenance of a vertebrate animal subject to a court  hearing
  2  3 pursuant to section 717B.4 or rescued pursuant to section
  2  4 717B.5. This section does not apply to livestock as defined
  2  5 in section 717.1.
  2  6    2.  The department shall pay an eligible claim according to
  2  7 procedures adopted by departmental rule.  In order for a claim
  2  8 to be eligible, all of the following must apply:
  2  9    a.  At the time of the hearing for the disposition of the
  2 10 vertebrate animal or the rescue of the vertebrate animal, the
  2 11 vertebrate animal must have been possessed or controlled by
  2 12 a commercial establishment that possessed or controlled more
  2 13 than twenty vertebrate animals at any one time during the prior
  2 14 twelve months.
  2 15    b.  The commercial establishment must be required to operate
  2 16 pursuant to an authorization issued or renewed pursuant
  2 17 to section 162.2A, regardless of whether the commercial
  2 18 establishment is actually issued or renewed such authorization.
  2 19    c.  The dispositional expenses must be actually and
  2 20 reasonably incurred by the local authority, including by an
  2 21 animal care provider providing for the maintenance of the
  2 22 vertebrate animal under contract with the local authority.
  2 23    d.  The local authority must submit the claim to the
  2 24 department according to procedures established by rules adopted
  2 25 by the department. A claim is not eligible if submitted twelve
  2 26 months or more after the local authority has incurred its final
  2 27 dispositional expense.
  2 28    3.  A claim is eligible for payment even if any of the
  2 29 following applies:
  2 30    a.  The responsible party has posted a bond or other security
  2 31 with the local authority as provided in section 717B.4.
  2 32    b.  The local authority may receive a future payment for the
  2 33 dispositional expense from a responsible party as provided in
  2 34 section 717B.4.
  2 35    4.  Upon a determination that the claim is eligible, the
  3  1 department shall provide for payment to the local authority
  3  2 of one hundred percent of the claimed amount.  If there are
  3  3 insufficient moneys in the dispositional account to make full
  3  4 payment of all eligible claims, the department shall prorate
  3  5 the payment amounts and defer the remaining payment until the
  3  6 dispositional account again contains sufficient moneys.
  3  7    5.  A local authority shall repay the department for the
  3  8 claim amount from any moneys received by the local authority
  3  9 from a responsible party for dispositional expenses pursuant to
  3 10 section 717B.4.  The department shall deposit the moneys in the
  3 11 commercial establishment fund as provided in section 162.2C.
  3 12    Sec. 4.  Section 717B.1, Code 2011, is amended by adding the
  3 13 following new subsection:
  3 14    NEW SUBSECTION.  3A.  "Department" means the department of
  3 15 agriculture and land stewardship.
  3 16    Sec. 5.  NEW SECTION.  717B.5A  Dispositional expenses ====
  3 17 commercial establishment fund.
  3 18    A local authority may submit a claim to the department to
  3 19 pay for dispositional expenses incurred by the local authority
  3 20 if the local authority complies with the requirements provided
  3 21 in section 162.2D.
       SF 2301 (3) 84
       da/nh/jh