Relating to animals subject to complaints alleging mistreatment, including by providing for the inspection of premises, the removal of animals, the care of animals in custody, and the disposition of animals by court order, and providing penalties

GENERAL. This bill amends three related Code chapters providing for the care of animals that are confined (excluding wildlife in nature).1). Its provisions are administered and enforced by the department of agriculture and land stewardship (DALS).3).5). Both Code chapters are principally enforced by a local authority’s law enforcement officer (a county sheriff or city police force).5). COMMERCIAL ESTABLISHMENTS.10A).13). The bill provides that if DALS is investigating a complaint alleging animal mistreatment, it must comply with new procedures for investigating, removing, and caring for the animal as provided in amendments to Code chapter 717B. LIVESTOCK AND OTHER ANIMALS —— ELIMINATION OF PROVISIONS.5).4).5). INVESTIGATION. The bill provides that the owner or enterprise is entitled to receive a copy of a complaint alleging mistreatment. In the case of livestock, the mistreatment is in the form of neglect. In the case of other animals, the mistreatment is in the form of abuse, neglect, or torture. A warrant is required to enter onto the premises where the livestock or other animal is kept. The owner or representative may be present during the entry and the owner or representative may make a recording of the investigation. TEMPORARY DISPOSITIONAL PROCEEDINGS.11). In a case involving livestock, the petitioner is a local authority. In a case involving another animal, the petitioner may be a local authority or DALS. The court’s determination must be based on a statement signed by two veterinarians who visited the premises and examined the livestock or other animal. The statement must be accompanied by a recording of the examination. The court may order the livestock or other animal to remain on the premises of the owner or representative or be removed to another location if necessary to preserve the life of the livestock or other animal. The livestock or other animal is prohibited from being subject to any veterinary procedure, unless by consent of the owner or representative or order by the court. The court must determine whether the owner or representative will stand as the responsible party in the controversy. PERMANENT DISPOSITIONAL PROCEEDINGS.11). In each case, if the court determines livestock is not neglected or another animal is not threatened, the animal must be returned to the responsible party. The court may order the responsible party to be awarded court costs and other reasonable fees associated with the case. A local authority or DALS who is a party to the case, and a veterinarian who signs a statement providing for the removal of the livestock, shall be jointly and severally liable for any damages incurred by the responsible party proximately caused by the removal. In addition, each veterinarian who signed a statement to remove the livestock or animal is subject to a fine of not less than $1,000 and not more than $5,000 for each livestock or animal removed. If the livestock or other animal is not returned to the responsible party within days, title to the livestock or other animal is transferred to the local authority or DALS who is a party to the case. In that case, the local authority or DALS must reimburse the persons who have a legal interest in the livestock or other animal.4).