House File 2124 - Introduced




                                 HOUSE FILE       
                                 BY  ANDERSON

                                      A BILL FOR

  1 An Act exempting certain animals from requirements relating to
  2    rabies vaccinations, and making penalties applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  NEW SECTION.  351.1  Definitions.
  1  2    As used in this chapter, unless the context otherwise
  1  3 requires:
  1  4    1.  "Department" means the department of agriculture and land
  1  5 stewardship.
  1  6    2.  "Rabies security certificate" means a rabies vaccination
  1  7 certificate or rabies vaccination exemption certificate issued
  1  8 as evidence of compliance with rabies security requirements as
  1  9 provided in section 351.24.
  1 10    3.  "Rabies security tag" means a rabies vaccination tag
  1 11 or rabies vaccination exemption tag issued as evidence of
  1 12 compliance with rabies security requirements as provided in
  1 13 section 351.24.
  1 14    Sec. 2.  NEW SECTION.  351.24  Evidence of compliance with
  1 15 rabies security requirements == certificates and tags.
  1 16    1.  A veterinarian licensed under chapter 169 shall issue
  1 17 evidence of compliance with requirements for rabies security to
  1 18 the owner of a dog or other animal as provided in this chapter
  1 19 and as required by the department under this chapter or by a
  1 20 local board of health under section 351.41.
  1 21    2.  The evidence of compliance with requirements for rabies
  1 22 security must be one of the following:
  1 23    a.  A rabies vaccination certificate and rabies vaccination
  1 24 tag which are proof that the dog or other animal has received a
  1 25 vaccination for rabies as provided in this chapter.
  1 26    b.  A rabies vaccination exemption certificate and rabies
  1 27 vaccination exemption tag which provide that the dog or
  1 28 other animal is not required to receive a rabies vaccination
  1 29 otherwise required under this chapter.  A veterinarian must
  1 30 have examined the owner's dog or other animal and determined
  1 31 that a rabies vaccination would threaten the life or seriously
  1 32 impair the health of the dog or other animal.
  1 33    3.  A rabies vaccination certificate must be clearly
  1 34 distinguishable from a rabies vaccination exemption certificate
  1 35 and a rabies vaccination tag must be clearly distinguishable
  2  1 from a rabies vaccination exemption tag.
  2  2    4.  A rabies security tag issued pursuant to this section
  2  3 must at all times be attached to the collar of the dog for which
  2  4 it was issued.
  2  5    Sec. 3.  Section 351.25, Code 2014, is amended to read as
  2  6 follows:
  2  7    351.25  Dog as property.
  2  8    All dogs under six months of age, and all dogs over said age
  2  9 and wearing a collar attached with a valid rabies vaccination
  2 10  security tag attached to the collar, shall be deemed property.
  2 11 Dogs not provided with a rabies vaccination security tag shall
  2 12 not be deemed property.
  2 13    Sec. 4.  Section 351.26, Code 2014, is amended to read as
  2 14 follows:
  2 15    351.26  Right and duty to kill untagged dog.
  2 16    It shall be lawful for any person, and the duty of all peace
  2 17 officers within their respective jurisdictions unless such
  2 18 jurisdiction shall have otherwise provided for the seizure
  2 19 and impoundment of dogs, to kill any dog for which a rabies
  2 20 vaccination security tag is required, when the dog is not
  2 21 wearing a collar attached with a rabies vaccination security
  2 22  tag attached.
  2 23    Sec. 5.  Section 351.27, Code 2014, is amended to read as
  2 24 follows:
  2 25    351.27  Right to kill tagged dog.
  2 26    It shall be lawful for any person to kill a dog, wearing
  2 27 a collar attached with a rabies vaccination security tag
  2 28 attached, when the dog is caught in the act of chasing,
  2 29 maiming, or killing any domestic animal or fowl, or when such
  2 30 dog is attacking or attempting to bite a person.
  2 31    Sec. 6.  Section 351.33, Code 2014, is amended to read as
  2 32 follows:
  2 33    351.33  Rabies vaccination == requirement == exceptions.
  2 34    1.  Every owner of a dog shall obtain a rabies vaccination
  2 35 for such animal. It shall be unlawful for any person to own or
  3  1 have a dog in the person's possession,
  3  2    2.  Subsection 1 does not apply to a dog which is any of the
  3  3 following:  
  3  4    a.  Less than six months of age or over, which has not been
  3  5 vaccinated against rabies.
  3  6    b.  Dogs kept Kept in kennels a kennel and not allowed
  3  7 to run at large shall not be subject to these vaccination
  3  8 requirements.
  3  9    c.  Issued a current rabies vaccination exemption certificate
  3 10 and rabies vaccination exemption tag as provided in section
  3 11 351.24.  
  3 12    Sec. 7.  Section 351.35, Code 2014, is amended to read as
  3 13 follows:
  3 14    351.35  How and when Method of vaccination == frequency ==
  3 15  expiration of exemption.
  3 16    1.  The A rabies vaccination required by section 351.33
  3 17 shall be an injection of antirabies vaccine approved by the
  3 18 state department of agriculture and land stewardship, and the
  3 19 frequency of revaccination necessary for approved vaccinations
  3 20 shall be as established by such the department. The vaccine
  3 21 shall be administered by a licensed veterinarian and shall be
  3 22 given as approved by the state department of agriculture and
  3 23 land stewardship. The veterinarian shall issue a tag with the
  3 24 certificate of vaccination, and such tag shall at all times be
  3 25 attached to the collar of the dog.
  3 26    2.  A rabies vaccination exemption certificate and rabies
  3 27 vaccination exemption tag as provided in section 351.24 expire
  3 28 one year from the date of issuance.  The vaccination exemption
  3 29 certificate and rabies vaccination exemption tag may be renewed
  3 30 on the same terms and conditions as originally issued.
  3 31    Sec. 8.  Section 351.37, Code 2014, is amended to read as
  3 32 follows:
  3 33    351.37  Dogs running at large == impoundment == disposition.
  3 34    1.  A dog shall be apprehended and impounded by a local board
  3 35 of health or law enforcement official if the dog is running at
  4  1 large and the dog is not wearing a valid rabies vaccination
  4  2  security tag or a rabies vaccination security certificate is
  4  3 not presented to the local board of health or law enforcement
  4  4 official.
  4  5    2.  The local board of health or law enforcement official
  4  6 shall provide written notice to the owner if the local board of
  4  7 health or law enforcement official can reasonably determine the
  4  8 owner's name and current address by accessing a tag or other
  4  9 device that is on or a part of the dog. The notice shall be
  4 10 sent within two days after the dog has been impounded. The
  4 11 notice shall provide that if the owner does not redeem the dog
  4 12 within seven days from the date that the notice is delivered,
  4 13 the dog may be humanely destroyed or otherwise disposed of in
  4 14 accordance with law. For purposes of this section, notice is
  4 15 delivered when the local board of health or law enforcement
  4 16 official mails the notice which may be by regular mail. An
  4 17 owner may redeem a dog by having it immediately vaccinated and
  4 18 paying the cost of impoundment.
  4 19    3.  If the owner of the impounded dog fails to redeem the dog
  4 20 within seven days from the date of the delivery of the notice
  4 21 to the dog's owner as provided in this section, the dog may be
  4 22 disposed of in accordance with law. If the dog is destroyed,
  4 23 it must be destroyed by euthanasia as defined in section 162.2.
  4 24                           EXPLANATION
  4 25 The inclusion of this explanation does not constitute agreement with
  4 26 the explanation's substance by the members of the general assembly.
  4 27    BACKGROUND.  Generally, a dog must obtain a rabies
  4 28 vaccination with exceptions for dogs that are less than six
  4 29 months old, dogs kept in kennels and not allowed to run at
  4 30 large (Code section 351.33), and dogs that are in transit
  4 31 or assigned to research institutions (Code section 351.42).
  4 32 Licensed veterinarians, the department of agriculture and land
  4 33 stewardship, and local authorities, such as cities, share
  4 34 responsibility for regulating and enforcing rabies security
  4 35 measures.  A veterinarian who administers a rabies vaccination
  5  1 must issue a certificate of vaccination and rabies vaccination
  5  2 tag to the dog's owner (Code section 351.35), the department
  5  3 must set standards for vaccines (Code section 351.35), and a
  5  4 local authority has general enforcement authority including the
  5  5 power to seize and impound dogs (Code sections 351.26, 351.36,
  5  6 351.37, 351.39, and 351.40).  In addition, a local authority
  5  7 may adopt additional measures to restrict not only dogs but
  5  8 other animals (such as cats or ferrets) as necessary to control
  5  9 rabies (Code section 351.41).
  5 10    NEW EXEMPTION FOR ANIMALS THREATENED BY INJECTIONS.  This
  5 11  bill provides a new exemption from rabies vaccination
  5 12 requirements for animals whose life or health would be
  5 13 threatened by a vaccination as determined by a licensed
  5 14 veterinarian.  The veterinarian making such determination
  5 15 must issue a rabies vaccination exemption certificate and
  5 16 rabies vaccination exemption tag to the animal's owner.  The
  5 17 certificate and tag remain valid for one year but may be
  5 18 renewed on an annual basis.
  5 19    PROVISIONS REMAINING APPLICABLE.  Provisions governing dogs
  5 20 which have been vaccinated apply to dogs which are exempt from
  5 21 vaccination.  For example, a person could still kill a dog
  5 22 exempt from vaccination requirements for chasing livestock
  5 23 just as the person may kill a dog wearing a vaccination tag
  5 24 (Code section 351.27).  A local authority could apprehend and
  5 25 impound a dog running at large even if the dog wore a rabies
  5 26 vaccination exemption tag just as it could impound a dog
  5 27 running at large without a tag (Code section 351.37).
  5 28    CRIMINAL PENALTY.  A person who fails to comply with the
  5 29 applicable provisions governing rabies vaccination requirements
  5 30 is guilty of a simple misdemeanor (Code section 351.43).  A
  5 31 simple misdemeanor is punishable by confinement for no more
  5 32 than 30 days or a fine of at least $65 but not more than $625
  5 33 or by both.
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