Bill Text: IA SSB3180 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act limiting local legislation that prohibits the operation of an animal enterprise or the use of a working animal.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-19 - Committee report approving bill, renumbered as SF 2388. [SSB3180 Detail]
Download: Iowa-2019-SSB3180-Introduced.html
Senate
Study
Bill
3180
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
AGRICULTURE
BILL
BY
CHAIRPERSON
ZUMBACH)
A
BILL
FOR
An
Act
limiting
local
legislation
that
prohibits
the
operation
1
of
an
animal
enterprise
or
the
use
of
a
working
animal.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
189.32
Limits
on
local
legislation
1
animal
enterprises
and
working
animals.
2
1.
As
used
in
this
section,
unless
the
context
otherwise
3
requires:
4
a.
“Animal”
means
any
nonhuman
vertebrate
life
form.
5
b.
(1)
“Animal
enterprise”
means
a
commercial
or
academic
6
enterprise
that
uses
or
sells
animals
or
animal
products
for
7
profit,
food
or
fiber
production,
agriculture,
education,
8
research,
or
testing.
9
(2)
“Animal
enterprise”
includes
but
is
not
limited
to
any
10
of
the
following:
11
(a)
A
zoo,
aquarium,
commercial
establishment
as
defined
12
in
section
162.2,
furrier,
circus,
or
person
licensed
by
the
13
United
States
department
of
agriculture
as
provided
in
9
C.F.R.
14
ch.
1.
15
(b)
A
domesticated
animal
event
as
defined
in
section
673.1
16
or
lawful
competitive
animal
event.
17
(c)
Any
event
intended
to
exhibit
or
advance
agricultural
18
arts
and
sciences.
19
c.
“Financial
hardship”
means
to
impose
a
change
of
the
20
financial
condition
of
a
person
that
causes
a
significant
and
21
prolonged
disruption
to
the
person’s
ability
to
meet
regular
22
expenses
and
service
existing
debts
by
using
the
person’s
23
current
net
income.
24
d.
“Local
governmental
entity”
means
any
political
25
subdivision,
or
any
state
authority
which
is
not
the
general
26
assembly,
a
court,
or
under
the
direction
of
a
principal
27
central
department
as
enumerated
in
section
7E.5,
including
28
a
city
as
defined
in
section
362.2,
a
county
as
provided
in
29
chapter
331,
or
any
special
purpose
district.
30
e.
“Local
legislation”
means
any
ordinance,
motion,
31
resolution,
amendment,
regulation,
or
rule
adopted
by
a
local
32
governmental
entity.
33
f.
“Working
animal”
means
an
animal
used
for
performing
34
a
specific
duty
or
function
in
commerce,
including
but
not
35
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limited
to
entertainment,
transportation,
education,
or
1
exhibition.
2
2.
a.
Notwithstanding
any
provision
of
law
to
the
contrary,
3
a
local
governmental
entity
shall
not
adopt,
administer,
4
enforce,
or
continue
in
effect
local
legislation
in
a
manner
5
that
prohibits
or
effectively
prohibits
the
operation
of
an
6
animal
enterprise
or
the
use
of
a
working
animal.
7
b.
Local
legislation
effectively
prohibits
the
operation
8
of
an
animal
enterprise
or
use
of
a
working
animal
if
the
9
local
legislation
would
cause
a
person
operating
the
animal
10
enterprise
or
using
the
working
animal
to
incur
a
financial
11
hardship.
12
3.
Local
legislation
described
in
subsection
2
that
was
13
adopted
prior
to
the
effective
date
of
this
Act
is
void
and
14
unenforceable
on
and
after
the
effective
date
of
this
Act.
15
4.
This
section
does
not
apply
to
limit
a
local
governmental
16
entity
from
adopting,
administering,
enforcing,
or
continuing
17
in
effect
local
legislation,
if
the
local
legislation
is
to
18
administer
or
enforce
a
state
or
federal
law
and
the
state
or
19
federal
government
allows
or
requires
the
local
legislation.
20
Sec.
2.
NEW
SECTION
.
331.304B
Limits
on
county
legislation
21
——
animal
enterprises
and
working
animals.
22
County
legislation
that
regulates
an
animal
enterprise
or
23
working
animal
is
preempted
by
state
law
as
provided
in
section
24
189.32.
25
Sec.
3.
NEW
SECTION
.
380.12
Limits
on
city
legislation
——
26
animal
enterprises
and
working
animals.
27
City
legislation
that
regulates
an
animal
enterprise
or
28
working
animal
is
preempted
by
state
law
as
provided
in
section
29
189.32.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
limits
a
local
governmental
entity
such
as
a
county
34
or
city
from
adopting,
administering,
enforcing,
or
continuing
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in
effect
local
legislation
that
prohibits
or
effectively
1
prohibits
the
operation
of
an
animal
enterprise
or
the
use
of
a
2
working
animal.
The
test
to
determine
an
effective
prohibition
3
is
whether
it
imposes
a
financial
hardship.
4
The
bill
provides
that
an
animal
enterprise
is
a
commercial
5
or
academic
enterprise
that
uses
or
sells
animals
or
animal
6
products
for
profit,
food
or
fiber
production,
agriculture,
7
education,
research,
or
testing.
A
working
animal
is
an
animal
8
used
to
perform
a
specific
duty
or
function
in
commerce.
9
The
bill’s
limitation
does
not
apply
to
prevent
a
local
10
governmental
entity
from
administering
or
enforcing
a
state
11
or
federal
law
if
the
local
government
entity
is
required
or
12
allowed
by
the
state
or
federal
government
to
do
so.
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