Senate File 283 - Introduced SENATE FILE 283 BY DONAHUE A BILL FOR An Act prohibiting the declawing of cats, and providing 1 penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2153XS (3) 90 da/ns
S.F. 283 Section 1. NEW SECTION . 169B.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. Cat means a domesticated animal classified as belonging 4 to the family felidae, subfamily felinae, and genus felis. 5 2. a. Declawing procedure means any of the following: 6 (1) A procedure referred to as onychectomy, dactylectomy, 7 phalangectomy, or tendonectomy. 8 (2) A procedure that removes a portion of the paw or digit 9 of an animal in order to remove an animals claw. 10 (3) A procedure that cuts or modifies the tendon of the 11 limb, paw, or digit of an animal in order to prohibit the 12 normal movement of a claw. 13 (4) A procedure that prevents the normal functioning of one 14 or more claws of an animal. 15 b. Declawing procedure does not mean nail filing, nail 16 trimming, or the placement of temporary nail caps on an 17 animals claw. 18 3. a. Therapeutic purpose means any action to address an 19 existing or recurring infection, disease, injury, or abnormal 20 condition in a claw, nail bed, or toe bone that jeopardizes 21 the health of an animal and treating the infection, disease, 22 injury, or abnormal condition constitutes a medical necessity. 23 b. Therapeutic purpose does not mean an action performed 24 for cosmetic or aesthetic reasons or reasons of convenience in 25 the keeping or handling of an animal. 26 Sec. 2. NEW SECTION . 169B.2 Prohibition exception for 27 therapeutic purpose. 28 1. A person shall not perform a declawing procedure on a 29 cat. 30 2. Subsection 1 does not apply to a licensed veterinarian 31 who performs a declawing procedure on a cat for a therapeutic 32 purpose. 33 Sec. 3. NEW SECTION . 169B.3 Civil penalty scheduled 34 violation. 35 -1- LSB 2153XS (3) 90 da/ns 1/ 3
S.F. 283 A violation of section 169B.2 is punishable as a scheduled 1 violation under section 805.8C. 2 Sec. 4. NEW SECTION . 169B.4 Enforcement. 3 This chapter may be enforced by any of the following: 4 1. A regularly employed member of a police force of a city 5 or county, including a sheriff, who is responsible for the 6 prevention and detection of crime and the enforcement of the 7 criminal laws of this state. 8 2. A peace officer member of the department of public safety 9 as defined in chapter 80. 10 Sec. 5. Section 805.8C, Code 2023, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 15. Cat declawing. 13 a. For a violation of section 169B.2, the scheduled fine 14 is a civil penalty. The amount of the scheduled fine is as 15 follows: 16 (1) For an initial violation, the person shall be subject to 17 a civil penalty in the amount of five hundred dollars. 18 (2) For a second violation committed within two years, the 19 person shall be subject to a civil penalty in the amount of one 20 thousand five hundred dollars. 21 (3) For a third or subsequent violation committed within 22 five years, the person shall be subject to a civil penalty in 23 the amount of two thousand five hundred dollars. 24 b. The amount of the civil penalty shall be deposited as 25 follows: 26 (1) In the general fund of the county or city if the 27 violation is enforced by a law enforcement officer of the 28 county or city. 29 (2) In the general fund of the state if the violation is 30 enforced by a peace officer member of the department of public 31 safety as defined in chapter 80. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanations substance by the members of the general assembly. 35 -2- LSB 2153XS (3) 90 da/ns 2/ 3
S.F. 283 This bill prohibits a person from declawing a cat unless 1 the procedure is performed by a licensed veterinarian for 2 a therapeutic purpose (new Code chapter 169B). A person 3 who violates the provision is subject to a range of civil 4 penalties from $500 for an initial violation, $1,500 for a 5 second violation within two years, and $2,500 for a third 6 or subsequent violation within five years. The offense is 7 punishable as a scheduled violation, in which the amount of 8 the civil penalty is deposited into the general fund of the 9 county, city, or state depending upon the enforcement officers 10 jurisdiction. 11 -3- LSB 2153XS (3) 90 da/ns 3/ 3