Iowa state law issues

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State Statutes/Code - http://www.legis.state.ia.us/IAC.html

Anyone know what "certain types of snakes" are included?? From what I heard on the TV news, it seemed to only be venomous?

Iowa Senate OKs exotic animal ban
By: Dan Gearino, Capitol News Service
04/04/2007
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DES MOINES - Sen. Joe Seng, a veterinarian, can safely claim to be only legislator who knows how to catch an ostrich.


"You don't grab them by the neck or anything like that. You sort of tackle them around the waist," said Seng, a Davenport Democrat.

His expertise came in handy Tuesday when he helped pass a bill that bans new ownership of certain wild animals. The measure, which passed 48-0, says people who already have wild animals need to register their pets with the state.

The wild animals covered by the bill include lions, tigers, cougars, leopards, ocolots, elephants, bears, monkeys, alligators, crocodiles and certain types of snakes.

Seng said the bill is in response to safety concerns from local animal-control officials.

"Locally, if a person decides to buy an alligator, there is no law saying they can't, unless it's a local ordinance," he said.

The bill has exemptions for zoos, circuses, fairs, animal shelters, veterinarians and research facilities.

Iowans who already own animals covered by the bill would need to pay a registration fee. The fee would be based on the size of the animal, ranging from a high of $500 for an elephant down to $100 for certain types of snakes.

The bill now heads to the House.

Dan Gearino can be reached at (515) 243-0138 or dan.gearino@lee.net.

Link: http://www.midiowanews.com/site/tab1...d=554314&rfi=6

This is what I find listed in the bill.....and there's a lot more herps than venomous snakes that I see....

2 23 (8) A member of the order crocodilia, including but not
2 24 limited to alligators, caimans, crocodiles, and gharials.
2 25 (9) A member of the family varanidae of the order
2 26 squamata, which are limited to water monitors and crocodile
2 27 monitors.
2 28 (10) A member of the order squamata which is any of the
2 29 following:
2 30 (a) A member of the family varanidae, which are limited to
2 31 water monitors and crocodile monitors.
2 32 (b) A member of the family atractaspidae, including but
2 33 not limited to mole vipers and burrowing asps.
2 34 (c) A member of the family helodermatidae, including but
2 35 not limited to beaded lizards and gila monsters.
3 1 (d) A member of the family elapidae, voperidae,
3 2 crotalidae, atractaspidae, or hydrophidae which are venomous,
3 3 including but not limited to cobras, mambas, coral snakes,
3 4 kraits, adders, vipers, rattlesnakes, copperheads, pit vipers,
3 5 keelbacks, cottonmouths, and sea snakes.
3 6 (e) A member of the superfamily henophidia, which are
3 7 limited to reticulated pythons, anacondas, and African rock
3 8 pythons.

Proposed "registration fees" :

12 9 f. One hundred dollars for a member of the order
12 10 crocodilia, including but not limited to alligators, caimans,
12 11 crocodiles, and gharials.
12 12 g. Fifty dollars for a member of the family varanidae of
12 13 the order squamata, which are limited to water monitors and
12 14 crocodile monitors.
12 15 h. Fifty dollars for a member of the family atractaspidae,
12 16 including but not limited to mole vipers and burrowing asps.
12 17 i. Fifty dollars for a member of the family
12 18 helodermatidae, including but not limited to beaded lizards
12 19 and gila monsters.
12 20 j. Fifty dollars for a member of the family elapidae,
12 21 voperidae, crotalidae, atractaspidae, or hydrophidae which are
12 22 venomous, including but not limited to cobras, mambas, coral
12 23 snakes, kraits, adders, vipers, rattlesnakes, copperheads, pit
12 24 vipers, keelbacks, cottonmouths, and sea snakes.
12 25 k. One hundred dollars for a member of the superfamily
12 26 henophidia, which are limited to reticulated pythons,
12 27 anacondas, and African rock pythons

General summary:
14 1 EXPLANATION
14 2 This bill creates new Code chapter 717F, which regulates
14 3 the possession of dangerous wild animals which are defined to
14 4 include wolves, coyotes, jackals, hyenas, lions, tigers,
14 5 cougars, leopards, cheetahs, ocelots, servals, bears, pandas,
14 6 rhinoceroses, elephants, primates other than humans,
14 7 alligators, crocodiles, water monitors, venomous snakes, and
14 8 certain constrictors (pythons and anacondas).
14 9 The department of agriculture and land stewardship is
14 10 charged to administer the bill's provisions, although the
14 11 department may execute Code chapter 28E agreements with other
14 12 government entities. The bill prohibits a person from owning
14 13 or possessing a dangerous wild animal, with certain
14 14 exceptions. It prohibits a person from breeding or
14 15 transporting a dangerous wild animal into this state.
14 16 The bill specifically allows a person to possess a
14 17 dangerous wild animal if the person has possession of the
14 18 dangerous wild animal on the effective date of the bill, but
14 19 subject to certain conditions. The person cannot have been
14 20 convicted of an offense relating to animal welfare and cannot
14 21 have recently been convicted of an offense relating to a
14 22 controlled substance or a felony. The person must attach or
14 23 install an electronic identification device to the dangerous
14 24 wild animal or beneath its skin or hide. The person must also
14 25 register the dangerous wild animal with the department. The
14 26 bill requires the person to pay a registration fee which is
14 27 deposited into a special fund controlled by the department.
14 28 The bill also provides that the person must confine the
14 29 dangerous wild animal according to a number of specifications
14 30 designed to secure it from the public. The person must
14 31 maintain liability insurance. The person is strictly liable
14 32 for damages or injuries resulting from the actions of the
14 33 dangerous wild animal.

Link to full bill: http://nxtsearch.legis.state.ia.us/N...tlist_d=curleg

Most of the stuff listed is either very large animals or venomous. I'm truly surprised to see burms made it through without being on the list. Most of it is just registering the animals and not a ban.

Another thing, I just want to say the original list and rules were going to be bans and complete registration of all herps. We owe alot to some members of the Iowa Herp Society for their participation in getting it reduced to what has now passed. If it wasn't for them most of us would have to get rid of our animals.

Obviously better than what was originally proposed.....but what bothers me is the following line:

14 2 This bill creates new Code chapter 717F, which regulates
14 3 the possession of dangerous wild animals which are defined to
14 4 include wolves, coyotes, jackals, hyenas, lions, tigers,
14 5 cougars, leopards, cheetahs, ocelots, servals, bears, pandas,
14 6 rhinoceroses, elephants, primates other than humans,
14 7 alligators, crocodiles, water monitors, venomous snakes, and
14 8 certain constrictors (pythons and anacondas).

While specific animals are noted earlier in the bill, here it simply says, "pythons and anacondas". After so long working with "breed bans"....I know how simple wording like this can be a loophole in favor of law enforcement who want to see someone with PYTHONS have a very difficult time.

And while those who already have those animals can keep them (if following the proper registration and meeting the criteria)....it DOES strictly prohibit anyone new from getting those animals, as well as the breeding and sale of any of these animals.

Call me jaded, but I've seen how laws like this dealing with "dangerous dogs" have been misused and misinterpreted a million times. Don't get me wrong....the folks who helped to work on this have done an awesome job. Its those who end up interpreting it that I'm worried about.

Originally Posted by Cat_72

Obviously better than what was originally proposed.....but what bothers me is the following line:

14 2 This bill creates new Code chapter 717F, which regulates
14 3 the possession of dangerous wild animals which are defined to
14 4 include wolves, coyotes, jackals, hyenas, lions, tigers,
14 5 cougars, leopards, cheetahs, ocelots, servals, bears, pandas,
14 6 rhinoceroses, elephants, primates other than humans,
14 7 alligators, crocodiles, water monitors, venomous snakes, and
14 8 certain constrictors (pythons and anacondas).

While specific animals are noted earlier in the bill, here it simply says, "pythons and anacondas". After so long working with "breed bans"....I know how simple wording like this can be a loophole in favor of law enforcement who want to see someone with PYTHONS have a very difficult time.

And while those who already have those animals can keep them (if following the proper registration and meeting the criteria)....it DOES strictly prohibit anyone new from getting those animals, as well as the breeding and sale of any of these animals.

Call me jaded, but I've seen how laws like this dealing with "dangerous dogs" have been misused and misinterpreted a million times. Don't get me wrong....the folks who helped to work on this have done an awesome job. Its those who end up interpreting it that I'm worried about.

That is just the "Explanation" part of the bill and carries no merit on actual affected animals. There is no "ban" in effect, just registration. This is the only part that affects either on of us. It doesn't have anything listed that we have.

12 20 j. Fifty dollars for a member of the family elapidae,
12 21 voperidae, crotalidae, atractaspidae, or hydrophidae which are
12 22 venomous, including but not limited to cobras, mambas, coral
12 23 snakes, kraits, adders, vipers, rattlesnakes, copperheads, pit
12 24 vipers, keelbacks, cottonmouths, and sea snakes.
12 25 k. One hundred dollars for a member of the superfamily
12 26 henophidia, which are limited to reticulated pythons,
12 27 anacondas, and African rock pythons

Originally Posted by Cat_72

Link to full bill: http://nxtsearch.legis.state.ia.us/N...tlist_d=curleg

Cathy this link isn't working. You're right it does ban new ownership of the animals listed, but ball pythons, boas and burmese pythons are not listed. I have talked to the peope that are friends with Herp Society members that worked on the bill and they reassured me it only affects the snakes listed.

I just clicked on it again, and it works for me.

When the page comes up, try clicking on the "document" tab.

Originally Posted by Cat_72

I just clicked on it again, and it works for me.

When the page comes up, try clicking on the "document" tab.

It comes up "Service Unavailable".