Bill Text: IA HF594 | 2017-2018 | 87th General Assembly | Introduced

Iowa House Bill 594 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act providing for the transfer of dogs and cats by research facilities to certain persons, providing for limitations on liability, and making penalties applicable.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2017-03-16 - Introduced, referred to Agriculture. H.J. 674. [HF594 Detail]

Download: Iowa-2017-HF594-Introduced.html


House File 594 - Introduced




                                 HOUSE FILE       
                                 BY  GAINES, HUNTER,
                                     McCONKEY, KAUFMANN,
                                     KURTH, and ABDUL=SAMAD

                                      A BILL FOR

  1 An Act providing for the transfer of dogs and cats by research
  2    facilities to certain persons, providing for limitations on
  3    liability, and making penalties applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 162.2, Code 2017, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  2A.  "Animal rescue organization" means a
  1  4 person who meets all of the following criteria:
  1  5    a.  Is organized on a nonprofit basis as described in the
  1  6 federal Internal Revenue Code, 26 U.S.C. {501(c)(3), and is
  1  7 exempt from income taxation under 26 U.S.C. {501(a).
  1  8    b.  Has as its primary purpose the welfare and humane
  1  9 treatment of dogs or cats.
  1 10    c.  Ordinarily provides for the retention of dogs or cats on
  1 11 a temporary basis until transferring the dogs or cats to any
  1 12 of the following:
  1 13    (1)  Another animal rescue organization.
  1 14    (2)  An animal shelter.
  1 15    (3)  A member of the public by adoption.
  1 16    d.  Does not engage in the destruction of animals, including
  1 17 by euthanasia.
  1 18    Sec. 2.  Section 162.4A, Code 2017, is amended to read as
  1 19 follows:
  1 20    162.4A  Operation of a research facility == certificate of
  1 21 registration == transfer program.
  1 22    1.  A research facility shall only operate pursuant to
  1 23 a certificate of registration issued by the department as
  1 24 provided in section 162.2A.  The research facility shall
  1 25 maintain records as required by the department in order for the
  1 26 department to ensure the research facility's compliance with
  1 27 the provisions of this chapter. A research facility shall not
  1 28 purchase a dog or cat from a commercial establishment that does
  1 29 not have a valid authorization issued or renewed under this
  1 30 chapter or a similar authorization issued or renewed by another
  1 31 state.
  1 32    2.  a.  A research facility shall establish a program for
  1 33 the routine transfer of dogs or cats which are no longer used
  1 34 for testing, evaluation, or observation to an animal shelter
  1 35 or animal rescue organization.  The program may also provide
  2  1 for the transfer of the dogs or cats by adoption to members of
  2  2 the public. The department shall approve a research facility's
  2  3 program as part of its approval of an application to issue a
  2  4 certificate of registration to the research facility.
  2  5    b.  As part of the program, the research facility shall
  2  6 establish conditions for the transfer of dogs and cats,
  2  7 including but not limited to an evaluation of the physical or
  2  8 psychological condition or temperament of the animals.
  2  9    c.  A research facility that provides for the transfer of a
  2 10 dog or cat under its program is not liable for civil damages
  2 11 caused by the animal's condition or behavior, unless the
  2 12 transfer constitutes gross negligence.
  2 13                           EXPLANATION
  2 14 The inclusion of this explanation does not constitute agreement with
  2 15 the explanation's substance by the members of the general assembly.
  2 16    BILL'S PROVISIONS.  This bill provides that a research
  2 17 facility must establish a program to transfer dogs and
  2 18 cats which are no longer used for testing, evaluation, or
  2 19 observation to an animal shelter or animal rescue organization.
  2 20 The bill defines an animal rescue organization as a nonprofit
  2 21 entity that holds animals on a short=term basis and is not
  2 22 engaged in the destruction of animals. As part of the program,
  2 23 the research facility may transfer the animal to a member of
  2 24 the public for adoption.
  2 25    Finally, the bill provides that a research facility
  2 26 providing for the transfer of a dog or cat under its program is
  2 27 not liable for civil damages caused by the animal's condition
  2 28 or behavior unless such transfer constitutes gross negligence.
  2 29    BACKGROUND.  A research facility is a public or private
  2 30 school, college, or scientific institution concerned with the
  2 31 investigation of, or instruction concerning the structure
  2 32 or function of living organisms (Code section 162.2). The
  2 33 facility is regulated by the department of agriculture and land
  2 34 stewardship (DALS) as a commercial establishment and operates
  2 35 pursuant to a certificate of registration obtained from the
  3  1 department (Code section 162.4A).
  3  2    APPLICABLE CIVIL PENALTIES.  DALS is required to establish,
  3  3 impose, and assess civil penalties for violations of Code
  3  4 chapter 162 (Code section 162.12A).  Generally, the civil
  3  5 penalty cannot exceed $500 and each day that a violation
  3  6 continues constitutes a separate offense.
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