Bill Text: IA HF738 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act providing for the regulation of certain commercial establishments engaged in the care of nonagricultural animals, providing for fees, making appropriations and providing for penalties. (Formerly HSB 227.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-03-19 - Subcommittee: Zumbach, Jacoby and Jones. H.J. 585. [HF738 Detail]
Download: Iowa-2019-HF738-Introduced.html
House
File
738
-
Introduced
HOUSE
FILE
738
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
227)
A
BILL
FOR
An
Act
providing
for
the
regulation
of
certain
commercial
1
establishments
engaged
in
the
care
of
nonagricultural
2
animals,
providing
for
fees,
making
appropriations
and
3
providing
for
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
162.2,
Code
2019,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
2A.
“Adult
dog”
means
a
dog
that
is
twelve
3
months
of
age
or
older.
4
NEW
SUBSECTION
.
7A.
“Breeding
dog”
means
a
female
dog
that
5
is
primarily
used
for
producing
offspring.
6
NEW
SUBSECTION
.
7B.
“Business
activity”
means
a
continuing
7
act
conducted
by
a
business
organization
in
which
goods
or
8
services
are
offered
or
accepted
in
exchange
for
consideration,
9
including
but
not
limited
to
sale,
barter,
or
trade,
regardless
10
of
whether
the
exchange
is
conditional.
11
NEW
SUBSECTION
.
7C.
“Business
organization”
means
a
sole
12
proprietorship
or
an
entity
organized
under
statute
or
common
13
law
in
this
state
or
another
jurisdiction
for
purposes
of
14
engaging
in
a
business
activity
on
a
profit,
cooperative,
15
or
not-for-profit
basis,
including
but
not
limited
to
a
16
corporation
or
entity
taxed
as
a
corporation
under
the
Internal
17
Revenue
Code,
nonprofit
corporation,
cooperative
or
cooperative
18
association,
partnership,
limited
partnership,
limited
19
liability
company,
limited
liability
partnership,
investment
20
company,
joint
stock
company,
joint
stock
association,
or
21
trust,
including
but
not
limited
to
a
business
trust.
22
NEW
SUBSECTION
.
8A.
“Commercial
dealer”
means
a
person,
23
other
than
a
pet
shop,
who
is
engaged
in
a
business
activity
24
related
to
buying
for
resale
five
or
more
dogs
or
cats,
or
25
both,
during
any
time
in
any
twelve-month
period.
26
NEW
SUBSECTION
.
10A.
a.
“Commercial
rescue”
means
a
27
person
not
engaged
in
business
activity
who
is
a
custodian
28
of
ten
or
more
dogs
or
cats,
or
both,
at
any
time
during
a
29
twelve-consecutive-month
period,
if
during
that
period
the
30
person
does
all
of
the
following:
31
(1)
Accepts
dogs
or
cats
from
five
or
more
persons,
not
32
counting
family
members,
or
has
taken
custody
of
five
or
more
33
dogs
or
cats
which
were
abandoned.
34
(2)
Is
prepared
to
maintain
the
dogs
or
cats
on
a
permanent
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basis.
1
(3)
Does
any
of
the
following:
2
(a)
Relinquishes
custody
or
offers
to
relinquish
custody
of
3
the
dogs
or
cats
by
adoption
to
members
of
the
public.
4
(b)
Offers
to
permanently
care
for
the
dogs
or
cats
5
suffering
from
a
terminal
illness.
6
b.
“Commercial
rescue”
does
not
include
a
person
not
engaged
7
in
a
business
activity
who
keeps
dogs
or
cats
pursuant
to
an
8
agreement
with
an
animal
shelter
or
pound.
9
NEW
SUBSECTION
.
10B.
a.
“Commercial
transporter”
means
10
a
person
engaged
in
a
business
activity
that
relates
to
11
transferring
more
than
five
dogs
or
cats,
or
both,
from
a
12
commercial
breeder
or
commercial
dealer,
at
any
time
during
a
13
twelve-month
period,
if
all
of
the
following
apply:
14
(1)
The
person
does
not
hold
an
ownership
interest
in
the
15
dogs
or
cats.
16
(2)
The
person
does
not
keep
the
dogs
or
cats
on
a
permanent
17
basis.
18
b.
“Commercial
transporter”
includes
a
person
described
19
in
paragraph
“a”
who
is
engaged
in
a
business
activity
that
20
relates
to
transferring
more
than
five
dogs
or
cats,
or
both,
21
from
another
commercial
transporter,
at
any
time
during
a
22
twelve-month
period.
23
c.
“Commercial
transporter”
does
not
include
a
person
24
licensed
as
a
commercial
breeder
or
commercial
dealer.
25
NEW
SUBSECTION
.
10C.
“Conviction”
means
a
conviction
for
26
an
indictable
offense
and
includes
a
court’s
acceptance
of
a
27
guilty
plea,
deferred
judgment
from
the
time
of
entry
of
the
28
deferred
judgment
until
the
time
the
defendant
is
discharged
by
29
the
court
without
entry
of
judgment,
or
other
finding
of
guilt
30
by
a
court
of
competent
jurisdiction
in
this
state,
or
in
any
31
other
state,
territory,
or
district
of
the
United
States,
or
in
32
any
foreign
jurisdiction.
33
NEW
SUBSECTION
.
12A.
“Enrichment”
means
any
modification
34
in
the
environment
of
a
confined
dog
that
seeks
to
enhance
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the
dog’s
physical
and
psychological
well-being
by
providing
1
stimuli
that
meets
the
dog’s
breed-specific
needs.
2
NEW
SUBSECTION
.
13A.
“Exercise”
means
an
activity
that
3
allows
a
dog
to
extend
to
full
stride,
play,
and
engage
in
4
other
types
of
mentally
stimulating
and
social
behaviors.
5
NEW
SUBSECTION
.
13B.
“Family
member”
means
a
spouse,
6
son,
daughter,
brother,
sister,
uncle,
aunt,
first
cousin,
7
nephew,
niece,
father-in-law,
mother-in-law,
son-in-law,
8
daughter-in-law,
brother-in-law,
sister-in-law,
father,
mother,
9
stepfather,
stepmother,
stepson,
stepdaughter,
stepbrother,
10
stepsister,
half
brother,
or
half
sister.
11
NEW
SUBSECTION
.
16A.
“Maintenance”
means
to
keep
an
12
animal
and
provide
for
the
care
of
the
animal
in
a
manner
13
that
preserves
the
animal’s
health
and
safety,
including
by
14
providing
for
a
standard
of
care
as
required
in
section
162.10
15
or
162.10A
when
confining,
handling,
breeding,
transporting,
or
16
exhibiting
the
animal.
17
NEW
SUBSECTION
.
16B.
“Nonadult
dog”
means
a
dog
that
is
18
less
than
twelve
months
of
age.
19
NEW
SUBSECTION
.
22A.
“Puppy”
means
a
dog
that
is
less
than
20
four
months
of
age.
21
NEW
SUBSECTION
.
22B.
“Qualified
commercial
establishment”
22
means
a
commercial
breeder,
commercial
dealer,
commercial
23
transporter,
or
pet
shop.
24
NEW
SUBSECTION
.
24A.
“Serious
injury”
means
an
injury
that
25
constitutes
an
animal’s
protracted
or
permanent
disfigurement,
26
the
protracted
or
permanent
impairment
of
an
animal’s
health,
27
the
protracted
or
permanent
impairment
of
the
functioning
of
28
an
animal’s
limb
or
organ,
or
the
loss
of
an
animal’s
limb
or
29
organ.
30
NEW
SUBSECTION
.
26A.
“Thermoneutral
zone”
means
the
range
31
of
ambient
temperature
in
which
a
dog
is
able
to
maintain
32
normal
body
temperature
without
a
change
in
metabolic
rate.
33
NEW
SUBSECTION
.
28.
“Veterinarian”
means
a
person
licensed
34
in
this
state
to
practice
veterinary
medicine
under
chapter
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169.
1
Sec.
2.
Section
162.2,
subsections
8,
11,
17,
and
26,
Code
2
2019,
are
amended
to
read
as
follows:
3
8.
a.
“Commercial
breeder”
means
a
person
,
engaged
in
the
4
business
of
breeding
dogs
or
cats,
who
sells,
exchanges,
or
5
leases
dogs
or
cats
in
return
for
consideration,
or
who
offers
6
to
do
so,
whether
or
not
the
animals
are
raised,
trained,
7
groomed,
or
boarded
by
the
person.
A
person
who
owns
or
8
harbors
three
or
fewer
breeding
males
or
females
is
not
a
9
commercial
breeder.
However,
a
who
keeps
five
or
more
breeding
10
dogs
or
cats
at
any
time
during
twelve
consecutive
months,
11
breeds
those
dogs
or
cats,
and
is
engaged
in
the
business
of
12
doing
any
of
the
following:
13
(1)
Selling
five
or
more
dogs
or
cats
to
a
commercial
14
breeder,
a
commercial
dealer,
or
a
pet
store
during
that
15
period.
16
(2)
Selling
forty
or
more
non-adult
dogs
to
persons
on
a
17
retail
basis
during
that
period.
18
(3)
Keeping
more
than
forty
puppies
during
that
period,
19
if
the
puppies
have
remained
on
the
business
premises
of
any
20
commercial
establishment
from
the
time
of
their
births.
21
b.
“Commercial
breeder”
includes
a
person
who
breeds
any
22
number
of
breeding
male
or
female
greyhounds
for
the
purposes
23
of
using
them
for
pari-mutuel
wagering
at
a
racetrack
as
24
provided
in
chapter
99D
shall
be
considered
a
commercial
25
breeder
irrespective
regardless
of
whether
the
person
sells,
26
leases,
or
exchanges
the
greyhounds
for
consideration
or
offers
27
to
do
so.
28
11.
a.
“Dealer”
means
any
person
who
is
engaged
in
the
29
business
of
buying
for
resale
or
selling
or
exchanging
dogs
or
30
cats,
or
both,
as
a
principal
or
agent,
or
who
claims
to
be
so
31
engaged.
32
b.
“Dealer”
does
not
include
an
animal
shelter
or
pound.
33
17.
“Permittee”
means
a
commercial
breeder,
dealer
,
other
34
than
a
commercial
dealer
or
public
auction
to
whom
a
permit
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is
issued
by
the
department
as
a
federal
licensee
pursuant
to
1
section
162.2A
.
2
26.
“State
licensee”
means
any
of
the
following:
3
a.
A
boarding
kennel,
commercial
breeder,
commercial
dealer,
4
commercial
kennel,
commercial
rescue,
commercial
transporter,
5
or
pet
shop
to
whom
a
state
license
is
issued
by
the
department
6
pursuant
to
section
162.2A
.
7
b.
A
commercial
breeder,
dealer
,
or
public
auction
to
whom
8
a
state
license
is
issued
in
lieu
of
a
permit
by
the
department
9
pursuant
to
section
162.2A.
10
Sec.
3.
Section
162.2A,
subsection
1,
Code
2019,
is
amended
11
to
read
as
follows:
12
1.
The
department
shall
provide
for
the
operation
13
of
a
commercial
establishment
by
issuing
or
renewing
an
14
authorization,
including
any
of
the
following:
15
a.
A
certificate
of
registration
for
a
pound,
animal
16
shelter,
or
research
facility.
17
b.
A
state
license
for
a
boarding
kennel,
commercial
18
breeder,
commercial
dealer,
commercial
kennel,
commercial
19
rescue,
commercial
transporter,
or
pet
shop.
20
c.
A
Either
a
state
license
or
permit
for
a
commercial
21
breeder,
dealer
,
or
a
public
auction.
A
federal
licensee
must
22
apply
for
and
be
issued
either
a
permit
or
a
state
license
in
23
lieu
of
a
permit.
24
Sec.
4.
Section
162.2A,
Code
2019,
is
amended
by
adding
the
25
following
new
subsections:
26
NEW
SUBSECTION
.
2A.
For
purposes
of
determining
the
number
27
of
animals
that
a
qualified
commercial
establishment
keeps,
28
two
or
more
commercial
establishments
located
in
the
same
29
zip
code
and
which
would
otherwise
be
classified
as
separate
30
commercial
establishments
shall
be
deemed
to
be
part
of
the
31
same
commercial
establishment,
if
any
of
the
following
apply:
32
a.
The
same
person
owns
or
operates
each
of
those
commercial
33
establishments.
34
b.
Two
or
more
of
the
commercial
establishments
are
formed
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as
different
business
organizations,
and
the
same
person
holds
1
a
controlling
interest
in
each
of
the
business
organizations.
2
If
the
same
family
members
hold
a
combined
controlling
interest
3
in
two
or
more
of
the
commercial
establishments,
all
of
those
4
business
organizations
shall
be
deemed
to
be
part
of
a
single
5
qualified
commercial
establishment.
6
NEW
SUBSECTION
.
2B.
A
person
shall
not
be
issued
a
state
7
license
as
a
commercial
breeder
until
the
person
passes
an
8
initial
inspection
conducted
by
the
department.
9
NEW
SUBSECTION
.
2C.
An
authorization
shall
include
a
unique
10
identification
number.
11
Sec.
5.
Section
162.2A,
Code
2019,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
4A.
a.
The
department
shall
not
issue
a
14
person
a
new
state
license
to
operate
as
a
commercial
breeder
15
unless
the
person
submits
the
application
to
the
department
at
16
least
ninety
days
before
commencing
operation.
17
b.
In
addition
to
the
requirements
described
in
subsection
18
4,
the
application
for
a
new
state
license
to
operate
as
19
a
commercial
breeder
shall
contain,
for
the
period
of
the
20
license,
all
of
the
following:
21
(1)
An
estimate
of
the
maximum
number
of
adult
dogs
and
22
an
estimate
of
the
maximum
number
of
non-adult
dogs
to
be
23
maintained.
24
(2)
Proof
that
necessary
veterinary
services
have
been
25
obtained
to
care
for
the
maximum
number
of
dogs
described
in
26
subparagraph
(1).
27
(3)
Evidence
that
the
applicant
is
able
to
comply
with
all
28
standards
of
care
required
in
sections
162.10
and
162.10A.
29
(4)
Evidence
of
financial
responsibility
consisting
of
an
30
instrument,
including
a
surety
bond,
a
liability
insurance
31
policy,
or
an
irrevocable
letter
of
credit
issued
by
a
32
qualified
financial
institution
as
defined
in
section
12C.1,
33
and
naming
the
department
as
the
beneficiary.
34
(a)
The
evidence
of
financial
responsibility
shall,
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according
to
its
terms,
pay
the
department
the
amount
that
the
1
department
would
incur
if
the
department
seizes
and
impounds
an
2
animal
as
provided
in
section
162.13.
A
liability
insurance
3
policy
shall
be
subject
to
the
insurer’s
policy
provisions
4
filed
with
and
approved
by
the
commissioner
of
insurance.
5
The
total
and
aggregate
liability
of
the
surety,
insurer,
6
or
financial
institution
for
all
claims
shall
be
limited
to
7
the
face
of
the
surety
bond,
liability
insurance
policy,
or
8
irrevocable
letter
of
credit.
9
(b)
The
face
value
of
the
coverage
shall
be
in
the
following
10
amounts:
11
(i)
Five
thousand
dollars
for
an
applicant
that
will
12
maintain
not
more
than
twenty-five
adult
dogs.
13
(ii)
Ten
thousand
dollars
for
an
applicant
that
will
14
maintain
at
least
twenty-six
but
not
more
than
fifty
adult
15
dogs.
16
(iii)
Fifty
thousand
dollars
for
an
applicant
that
will
17
maintain
more
than
fifty
adult
dogs.
18
(5)
Information
required
by
the
department
to
conduct
a
19
check
of
the
applicant’s
criminal
history
record
in
cooperation
20
with
the
department
of
public
safety.
The
department
of
public
21
safety
shall
notify
the
department
of
any
results
of
a
national
22
criminal
history
record
check
requested
by
the
department.
23
The
results
shall
be
considered
a
confidential
record
under
24
chapter
22
and
shall
not
be
released
without
the
consent
of
the
25
department
of
public
safety.
The
department
shall
reimburse
26
the
department
of
public
safety
for
costs
associated
with
27
conducting
the
national
criminal
history
record
check.
28
c.
An
application
shall
not
be
approved
if
the
applicant
has
29
done
any
of
the
following:
30
(1)
Violated
section
162.10
or
162.10A
in
a
manner
that
31
has
caused
an
animal
serious
injury
or
death
or
has
violated
32
a
comparable
statute
or
administrative
rule
of
another
state
33
in
a
manner
that
has
caused
an
animal
serious
injury
or
death,
34
if
such
statute
or
rule
substantially
corresponds
to
section
35
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162.10
or
162.10A.
1
(2)
Has
in
the
prior
twenty
years
been
convicted
of
2
committing
animal
abuse
pursuant
to
section
717B.2,
animal
3
neglect
pursuant
to
section
717B.3,
animal
torture
pursuant
to
4
section
717B.3A,
injury
or
interference
with
a
police
service
5
dog
pursuant
to
section
717B.9,
bestiality
pursuant
to
section
6
717C.1,
or
an
act
involving
a
contest
event
prohibited
in
7
section
717D.2.
8
(3)
Has
in
the
prior
twenty
years
been
convicted
of
an
9
offense
under
any
other
state’s
criminal
statute
substantially
10
corresponding
to
an
offense
described
in
subparagraph
(2).
11
Sec.
6.
Section
162.2B,
subsection
1,
Code
2019,
is
amended
12
to
read
as
follows:
13
1.
A
commercial
establishment
shall
pay
authorization
fees
14
to
the
department
for
the
issuance
or
renewal
of
a
certificate
15
of
registration,
state
license,
or
permit.
16
a.
For
the
issuance
or
renewal
of
a
certificate
of
17
registration,
seventy-five
dollars.
18
b.
For
the
issuance
or
renewal
of
a
state
license
or
permit,
19
one
hundred
seventy-five
dollars.
However,
a
20
c.
Notwithstanding
paragraph
“b”
,
a
commercial
breeder
shall
21
pay
a
base
authorization
fee
provided
in
paragraph
“b”
plus
a
22
scheduled
state
license
fee
as
follows:
23
(1)
One
hundred
dollars,
if
the
commercial
breeder
sells
24
at
least
forty
but
not
more
than
sixty
puppies
to
the
public
25
during
the
previous
period
of
licensure.
26
(2)
Two
hundred
fifty
dollars
if
the
commercial
breeder
sold
27
at
least
sixty-one
but
not
more
than
one
hundred
fifty
puppies
28
to
the
public
during
the
previous
period
of
licensure.
29
(3)
Three
hundred
fifty
dollars
if
the
commercial
breeder
30
sold
at
least
one
hundred
fifty-one
but
not
more
than
two
31
hundred
fifty
puppies
to
the
public
during
the
previous
period
32
of
licensure.
33
(4)
Five
hundred
dollars
if
the
commercial
breeder
sold
at
34
least
two
hundred
fifty-one
but
not
more
than
three
hundred
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fifty
puppies
to
the
public.
1
(5)
Seven
hundred
fifty
dollars
if
the
commercial
breeder
2
sold
three
hundred
fifty-one
or
more
puppies
to
the
public.
3
d.
Notwithstanding
paragraph
“b”
or
“c”
,
a
commercial
4
breeder
who
owns,
keeps,
breeds,
or
transports
a
greyhound
dog
5
for
pari-mutuel
wagering
at
a
racetrack
as
provided
in
chapter
6
99D
shall
pay
a
different
fee
for
the
issuance
or
renewal
of
a
7
state
license
as
provided
in
rules
adopted
by
the
department.
8
Sec.
7.
Section
162.5,
Code
2019,
is
amended
to
read
as
9
follows:
10
162.5
Operation
of
a
pet
shop
——
state
license.
11
1.
A
pet
shop
shall
only
operate
pursuant
to
a
state
license
12
issued
or
renewed
by
the
department
pursuant
to
section
162.2A
.
13
2.
The
pet
shop
shall
maintain
create
and
retain
records
14
as
required
by
the
department
in
order
for
the
department
to
15
ensure
the
pet
shop’s
compliance
with
the
provisions
of
this
16
chapter
.
The
pet
shop
shall
retain
such
records
for
three
17
years
beginning
on
the
date
that
the
current
license
was
issued
18
or
renewed.
19
3.
A
pet
shop
shall
not
purchase
a
dog
or
cat
from
20
a
commercial
establishment
that
does
not
have
a
valid
21
authorization
issued
or
renewed
under
this
chapter
or
a
similar
22
authorization
issued
or
renewed
by
another
state.
23
4.
a.
A
pet
shop
shall
not
be
transferred
a
dog
from
a
24
qualified
commercial
establishment
unless
the
pet
shop
receives
25
a
copy
of
a
disclosure
statement
as
provided
in
section
162.8.
26
b.
A
pet
shop
shall
not
transfer
a
dog
to
another
person
27
unless
the
pet
shop
provides
a
copy
of
the
disclosure
statement
28
from
the
qualified
commercial
establishment
as
provided
in
29
section
162.8
to
that
person.
30
Sec.
8.
Section
162.7,
Code
2019,
is
amended
to
read
as
31
follows:
32
162.7
Operation
of
a
dealer
——
state
license
or
permit.
33
A
dealer
,
other
than
a
commercial
dealer,
shall
only
operate
34
pursuant
to
a
state
license,
or
a
permit,
issued
or
renewed
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by
the
department
as
provided
in
section
162.2A
.
A
dealer
1
who
is
a
state
licensee
shall
maintain
records
as
required
2
by
the
department
in
order
for
the
department
to
ensure
3
compliance
with
the
provisions
of
this
chapter
.
A
dealer
who
4
is
a
permittee
may
but
is
not
required
to
maintain
records.
5
A
dealer
shall
not
purchase
a
dog
or
cat
from
a
commercial
6
establishment
that
does
not
have
a
valid
authorization
issued
7
or
renewed
under
this
chapter
or
a
similar
authorization
issued
8
or
renewed
by
another
state.
9
Sec.
9.
NEW
SECTION
.
162.7A
Operation
of
a
commercial
10
dealer
——
state
license.
11
1.
A
commercial
dealer
shall
only
operate
pursuant
to
a
12
state
license
issued
or
renewed
by
the
department
as
provided
13
in
section
162.2A.
14
2.
A
commercial
dealer
shall
create
or
retain
records
15
as
required
by
the
department
in
order
for
the
department
to
16
ensure
the
commercial
dealer’s
compliance
with
the
provisions
17
of
this
chapter.
The
commercial
dealer
shall
retain
such
18
records
for
three
years
beginning
on
the
date
that
the
current
19
state
license
was
issued
or
renewed.
20
3.
A
commercial
dealer
shall
not
purchase
a
dog
from
21
a
commercial
establishment
that
does
not
have
a
valid
22
authorization
issued
or
renewed
under
this
chapter
or
a
similar
23
authorization
issued
or
renewed
by
another
state.
24
4.
A
commercial
dealer
shall
not
be
transferred
a
dog
from
a
25
qualified
commercial
establishment
unless
the
commercial
dealer
26
receives
a
copy
of
a
disclosure
statement
from
the
qualified
27
commercial
establishment
as
provided
in
section
162.8.
The
28
commercial
dealer
shall
not
transfer
a
dog
to
any
person
29
unless
the
commercial
dealer
provides
a
copy
of
the
disclosure
30
statement
to
that
person.
31
Sec.
10.
Section
162.8,
Code
2019,
is
amended
to
read
as
32
follows:
33
162.8
Operation
of
a
commercial
breeder
——
state
license
or
34
permit
.
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1.
A
commercial
breeder
shall
only
operate
pursuant
to
a
1
state
license
,
or
a
permit,
issued
or
renewed
by
the
department
2
as
provided
in
section
162.2A
.
3
2.
A
commercial
breeder
who
is
a
state
licensee
shall
4
maintain
create
and
retain
records
as
required
by
the
5
department
in
order
for
the
department
to
ensure
the
commercial
6
breeder’s
compliance
with
the
provisions
of
this
chapter
.
A
7
commercial
breeder
who
is
a
permittee
may
but
is
not
required
8
to
maintain
records.
A
commercial
breeder
shall
retain
such
9
records
for
three
years
beginning
on
the
date
that
the
current
10
state
license
was
issued
or
renewed.
11
3.
A
commercial
breeder
shall
not
purchase
a
dog
or
cat
12
from
a
commercial
establishment
that
does
not
have
a
valid
13
authorization
issued
or
renewed
under
this
chapter
or
a
similar
14
authorization
issued
or
renewed
by
another
state.
15
4.
a.
A
commercial
breeder
shall
not
transfer
a
dog
to
16
another
person
unless
the
commercial
breeder
provides
that
17
person
with
a
disclosure
statement
that
includes
all
of
the
18
following:
19
(1)
The
unique
identification
number
included
as
part
of
the
20
authorization
issued
or
renewed
pursuant
to
section
162.2A.
21
(2)
The
commercial
breeder’s
name,
principal
office
or
22
place
of
business,
telephone
number,
and
electronic
mail
23
address.
24
(3)
The
dog’s
approximate
date
of
birth.
25
b.
The
disclosure
statement
shall
include
the
following
26
attachments:
27
(1)
A
copy
of
the
department’s
latest
inspection
report.
28
(2)
A
certificate
of
veterinary
inspection
signed
by
29
a
veterinarian
who
examined
the
dog.
The
certificate
of
30
veterinary
inspection
shall
describe
any
known
disease,
31
illness,
or
congenital
or
hereditary
condition
that
adversely
32
affected
the
health
of
the
dog
at
the
time
of
the
examination.
33
5.
The
state
license
shall
be
contingent
upon
the
34
maintenance
of
evidence
of
financial
responsibility
described
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in
section
162.2A.
1
a.
The
evidence
of
financial
responsibility
shall
be
2
maintained
at
not
less
than
the
amount
specified
in
that
3
section
at
all
times
during
the
state
license
period.
4
b.
The
department
shall
be
notified
ten
days
prior
to
any
5
reduction
in
the
surety
bond
or
liability
insurance
made
at
the
6
request
of
the
applicant
or
cancellation
of
the
surety
bond
7
by
the
surety
or
the
liability
insurance
by
the
insurer.
The
8
department
shall
be
notified
ninety
days
prior
to
any
reduction
9
of
the
amount
of
the
irrevocable
letter
of
credit
at
the
10
request
of
the
applicant
or
the
cancellation
of
the
irrevocable
11
letter
of
credit
by
the
qualified
financial
institution.
12
6.
A
commercial
breeder
shall
not
transfer
a
dog
to
another
13
person
until
it
installs
an
electronic
device
beneath
the
14
skin
of
a
dog
that
stores
information
regarding
the
dog
and
15
the
dog’s
health
in
a
digital
format
and
accessible
by
a
16
commercially
available
computer
for
purposes
of
reading
the
17
information.
18
Sec.
11.
NEW
SECTION
.
162.8A
Operation
of
a
commercial
19
rescue
——
state
license.
20
1.
A
commercial
rescue
shall
only
operate
pursuant
to
a
21
state
license,
issued
or
renewed
by
the
department
as
provided
22
in
section
162.2A.
23
2.
A
commercial
rescue
cannot
operate
on
a
for
profit
basis.
24
A
commercial
rescue
which
is
a
business
entity
must
be
formed
25
as
a
domestic
corporation
or
foreign
corporation
under
chapter
26
504.
27
3.
A
commercial
rescue
shall
create
and
retain
records
28
as
required
by
the
department
in
order
for
the
department
to
29
ensure
the
commercial
rescue’s
compliance
with
the
provisions
30
of
this
chapter.
31
4.
A
commercial
rescue
shall
not
purchase
or
transfer
a
dog
32
or
cat
from
a
qualified
commercial
establishment
as
part
of
its
33
business
activities.
34
Sec.
12.
NEW
SECTION
.
162.9
Operation
of
a
commercial
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transporter
——
state
license.
1
1.
A
commercial
transporter
shall
only
operate
pursuant
to
a
2
state
license,
issued
or
renewed
by
the
department
as
provided
3
in
section
162.2A.
4
2.
A
commercial
transporter
shall
create
and
retain
records
5
as
required
by
the
department
in
order
for
the
department
6
to
ensure
the
commercial
transporter’s
compliance
with
the
7
provisions
of
this
chapter.
The
commercial
transporter
shall
8
retain
such
records
for
three
years
beginning
on
the
date
that
9
the
current
license
was
issued
or
renewed.
10
3.
A
commercial
transporter
shall
not
purchase
a
dog
or
cat
11
from
a
commercial
establishment
as
part
of
business
activity.
12
4.
A
commercial
transporter
shall
not
deliver
a
dog
13
on
behalf
of
a
qualified
commercial
establishment
unless
14
the
commercial
transporter
receives
a
copy
of
a
disclosure
15
statement
from
the
qualified
commercial
establishment
as
16
provided
in
section
162.8A.
17
Sec.
13.
NEW
SECTION
.
162.10
Standard
of
care
——
commercial
18
breeder.
19
1.
A
commercial
breeder
shall
provide
the
dog
with
an
20
adequate
ration
of
food
at
least
twice
a
day,
unless
otherwise
21
directed
by
a
veterinarian.
An
adequate
ration
of
food
22
provides
a
quality
and
quantity
of
nutrition
that
is
all
of
the
23
following:
24
a.
Sufficient
to
maintain
the
dog’s
normal
body
condition
25
and
weight.
26
b.
Unspoiled
and
uncontaminated.
27
c.
Provided
in
accordance
with
a
nutritional
plan
28
recommended
by
a
veterinarian.
29
d.
Served
in
a
sanitary
receptacle.
30
2.
A
commercial
breeder
shall
provide
the
dog
with
adequate
31
access
to
a
continuous
supply
of
potable
water
in
a
sanitary
32
receptacle
and
in
sufficient
quality
and
quantity
to
ensure
33
the
dog’s
normal
body
condition
and
growth
unless
otherwise
34
directed
by
a
veterinarian.
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3.
A
commercial
breeder
shall
provide
the
dog
with
adequate
1
shelter.
Each
dog
must
be
maintained
inside
a
primary
2
enclosure
that
complies
with
all
of
the
following:
3
a.
The
primary
enclosure’s
ceiling
must
be
at
least
six
4
inches
higher
than
the
top
of
the
head
of
the
tallest
dog
as
5
measured
when
the
dog
is
in
a
normal
standing
position.
6
b.
The
primary
enclosure
must
allow
each
dog
to
turn
in
a
7
complete
circle
and
be
fully
recumbent
while
laying
down.
8
c.
The
primary
enclosure
must
not
be
stacked
below
or
on
top
9
of
another
primary
enclosure.
10
d.
The
primary
enclosure
must
be
cleaned
at
least
once
each
11
day,
including
by
removing
excreta,
dirt,
grime,
and
other
12
waste.
13
e.
On
and
after
January
1,
2022,
the
primary
enclosure
must
14
have
a
minimum
floor
space
measured
in
square
inches
determined
15
by
applying
a
formula
that
obtains
a
sum
achieved
by
adding
16
nine
inches
to
the
length
of
any
dog
maintained
in
the
primary
17
enclosure
and
multiplying
that
sum
by
a
factor
of
two.
The
18
length
of
the
dog
shall
be
measured
from
the
tip
of
its
nose
19
to
the
base
of
its
tail.
The
minimum
floor
space
shall
be
20
adjusted
to
account
for
each
additional
dog
maintained
in
the
21
primary
enclosure
which
shall
be
determined
using
the
same
22
formula.
23
f.
On
and
after
January
1,
2022,
the
primary
enclosure’s
24
flooring
must
be
constructed
by
using
materials
that
can
be
25
sanitized.
26
g.
On
and
after
January
1,
2022,
the
primary
enclosure’s
27
flooring
must
be
constructed
to
be
safe,
taking
into
account
28
the
breed,
size,
and
age
of
the
dog.
In
addition,
the
primary
29
enclosure
must
not
be
constructed
in
a
manner
that
allows
for
30
any
of
the
following:
31
(1)
Any
protruding
sharp
edge
that
could
cut
a
dog.
32
(2)
Sagging
or
bending
when
a
dog
is
standing
or
reclining.
33
(3)
Spaces
that
could
allow
the
paw
of
the
dog
to
extend
34
through
or
become
caught
in
the
primary
enclosure.
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h.
On
and
after
January
1,
2022,
the
primary
enclosure’s
1
flooring
must
not
be
constructed
using
wire
made
of
metal,
2
including
metal
wire
that
is
coated
with
another
material.
3
i.
On
and
after
January
1,
2022,
the
primary
enclosure’s
4
flooring
must
either
be
solid
or
consist
of
slats.
If
the
5
flooring
consists
of
slats,
all
of
the
following
must
apply:
6
(1)
The
spaces
between
the
slats
must
not
be
more
than
7
one-half
inch
in
width.
8
(2)
The
slats
must
not
be
less
than
three
and
one-half
9
inches
in
width.
10
(3)
The
slats
must
run
in
the
same
direction.
11
(4)
The
slats
must
be
level.
12
(5)
The
area
must
have
a
solid
resting
area
that
can
13
accommodate
the
full
length
of
the
dog
while
fully
recumbent.
14
4.
a.
On
and
after
January
1,
2022,
a
commercial
breeder
15
shall
ensure
that
a
primary
enclosure
located
inside
a
facility
16
allows
for
the
regulation
of
temperature,
ventilation,
and
17
lighting,
including
diurnal
lighting.
The
commercial
breeder
18
shall
ensure
that
the
lighting
is
sufficient,
either
through
19
natural
or
artificial
means,
to
observe
the
physical
condition
20
of
the
dog
and
to
permit
inspection
and
cleaning
of
the
dog
and
21
sanitizing
the
primary
enclosure.
22
b.
On
and
after
January
1,
2022,
a
commercial
breeder
shall
23
ensure
that
a
primary
enclosure
located
outside
a
facility
24
shall
be
used
only
if
a
veterinarian
approves
such
use.
If
25
climatic
or
ambient
temperatures
pose
a
threat
to
the
health
26
and
welfare
of
the
dog,
the
commercial
breeder
must
take
27
effective
measures
to
eliminate
the
threat.
In
taking
such
28
action,
the
commercial
breeder
must
consider
the
dog’s
age,
29
breed,
overall
health,
and
acclimation
to
the
climate
and
30
weather
conditions.
The
commercial
breeder
shall
not
use
31
the
primary
enclosure
to
house
the
dog
if
the
dog
is
unable
32
to
tolerate
the
prevalent
temperatures
within
the
dog’s
33
thermoneutral
zone.
34
5.
A
commercial
breeder
shall
maintain
a
dog
in
a
primary
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enclosure
with
other
dogs,
subject
to
all
of
the
following:
1
a.
A
dog
may
be
separated
due
to
health,
biosecurity,
2
breeding,
or
behavioral
issues.
3
b.
A
puppy
may
be
maintained
with
an
adult
dog
only
if
the
4
adult
dog
is
the
puppy’s
dam
or
foster
dam.
5
6.
A
commercial
breeder
shall
maintain
a
dam
under
all
of
6
the
following
conditions:
7
a.
The
dam
shall
not
be
bred
unless
she
has
a
normal
body
8
condition
and
has
been
declared
healthy
by
a
veterinarian
9
following
a
physical
examination.
10
b.
The
dam
shall
not
produce
more
than
eight
litters
during
11
its
lifetime.
12
c.
The
dam,
including
a
foster
dam,
and
the
dam’s
puppies
13
must
be
provided
a
sanitary,
dry
whelping
area
that
allows
the
14
dam
to
lie
fully
recumbent
and
stand,
and
that
allows
the
dam
15
to
move
away
from
her
puppies
as
she
chooses.
No
other
animal
16
shall
inhabit
the
whelping
area
other
than
the
dam
and
her
17
puppies.
18
7.
A
commercial
breeder
shall
provide
a
dog
with
all
of
the
19
following:
20
a.
An
opportunity
for
daily
exercise
of
at
least
thirty
21
minutes.
However,
this
paragraph
does
not
apply
to
an
22
expectant
female
dog,
postpartum
female
dog,
or
any
other
dog
23
as
directed
by
a
veterinarian.
24
b.
An
opportunity
to
safely
access
the
outdoors
during
25
daylight
hours.
26
c.
Daily
enrichment
while
the
dog
is
maintained
in
its
27
primary
enclosure.
28
d.
Human
interaction
for
at
least
fifteen
minutes
each
day
29
in
addition
to
any
interaction
that
occurs
during
any
period
30
reserved
for
providing
the
dog
with
food
or
water
or
sanitizing
31
its
primary
enclosure.
The
interaction,
at
a
minimum,
shall
32
include
verbal
and
tactile
stimulation
in
a
positive
and
33
beneficial
manner.
34
8.
A
veterinarian
must
provide
a
dog
maintained
by
a
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commercial
breeder
with
all
of
the
following:
1
a.
Prompt
treatment
for
any
significant
disease,
illness,
2
or
injury.
3
b.
An
annual
physical
examination
of
an
adult
dog.
4
c.
Compliance
with
a
vaccination
and
parasite
control
5
program
consistent
with
recommendations
of
the
American
6
veterinarian
medical
association
or
the
American
animal
7
hospital
association.
8
d.
Any
procedure
involving
surgery
or
euthanasia.
9
9.
The
department
may
adopt
rules
providing
for
a
standard
10
of
care
that
may
supplement
the
other
provisions
of
this
11
section,
including
but
not
limited
to
housing,
nutrition,
12
exercise,
grooming,
biosecurity
and
disease
control,
waste
13
management,
and
whelping.
In
adopting
such
rules,
the
14
department
shall
consider
all
of
the
following:
15
a.
Recognized
best
management
practices.
16
b.
Scientific
information,
including
morbidity
and
mortality
17
data.
18
c.
Generally
accepted
veterinary
medical
standards
and
19
ethical
standards
established
by
the
American
veterinarian
20
medical
association
or
the
American
animal
hospital
21
association.
22
d.
Standards
established
by
the
United
States
department
of
23
agriculture
under
the
Animal
Welfare
Act.
24
Sec.
14.
Section
162.10B,
Code
2019,
is
amended
to
read
as
25
follows:
26
162.10B
Commercial
establishments
——
inspecting
state
27
licensees
and
registrants.
28
1.
The
department
may
inspect
the
commercial
establishment
29
of
a
registrant
or
state
licensee
by
entering
onto
its
30
business
premises
at
any
time
during
normal
working
hours.
31
The
department
may
inspect
records
required
to
be
maintained
32
by
the
state
licensee
or
registrant
as
provided
in
this
33
chapter
.
If
the
owner
or
person
in
charge
of
the
commercial
34
establishment
refuses
admittance,
the
department
may
obtain
an
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administrative
search
warrant
issued
under
section
808.14
.
The
1
department
shall
prepare
and
file
an
inspection
report
after
2
the
inspection
which
shall
be
made
available
to
the
public
on
3
the
department’s
internet
site.
4
2.
The
department
shall
conduct
an
unannounced
inspection
5
of
the
business
premises
of
a
commercial
breeder
at
least
once
6
during
each
license
period.
7
Sec.
15.
Section
162.10D,
Code
2019,
is
amended
by
adding
8
the
following
new
subsection:
9
NEW
SUBSECTION
.
1A.
The
department
shall
take
disciplinary
10
action
against
a
person
by
suspending
or
revoking
the
person’s
11
state
license
for
failing
to
timely
remit
any
sales
or
use
tax
12
due
to
the
department
of
revenue
as
provided
in
chapter
423.
13
The
department
of
revenue
shall
cooperate
with
the
department
14
of
agriculture
and
land
stewardship
in
administering
this
15
subsection.
16
Sec.
16.
NEW
SECTION
.
162.11A
Uniform
enforcement
17
procedures.
18
The
department
shall
adopt
rules
providing
criteria
for
19
making
decisions
regarding
the
enforcement
of
this
chapter.
20
The
department
shall
apply
the
criteria
in
a
manner
that
21
ensures
the
uniform
enforcement
of
this
chapter.
22
Sec.
17.
Section
162.12A,
subsection
1,
Code
2019,
is
23
amended
to
read
as
follows:
24
1.
a.
A
commercial
establishment
that
operates
pursuant
to
25
an
authorization
issued
or
renewed
under
this
chapter
pursuant
26
to
section
162.2A
is
subject
to
a
civil
penalty
of
not
more
27
than
five
hundred
dollars,
regardless
of
the
number
of
animals
28
possessed
or
controlled
kept
by
the
commercial
establishment,
29
for
violating
a
provision
of
this
chapter
.
Except
as
provided
30
in
paragraph
“b”
,
each
Each
day
that
a
violation
continues
shall
31
be
deemed
a
separate
offense.
32
b.
2.
This
paragraph
applies
to
a
A
commercial
breeder
33
who
violates
a
provision
in
section
162.10
shall
receive
a
34
conditional
or
disapproved
inspection
report
and
is
subject
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to
a
corrective
plan
if
offered
by
the
department.
Any
1
commercial
establishment
that
violates
a
standard
of
care
2
involving
housing
as
provided
in
section
162.10A
is
also
3
subject
to
a
corrective
plan,
if
so
offered
.
The
departmental
4
official
who
makes
a
determination
that
a
violation
exists
5
and
that
a
corrective
plan
is
warranted,
shall
provide
a
6
prepare
and
deliver
the
inspection
report
and
corrective
plan
7
to
the
commercial
establishment
describing
.
The
inspection
8
report
and
corrective
plan
shall
identity
each
violation
and
9
describe
how
the
each
violation
will
must
be
corrected
within
a
10
compliance
period
of
not
more
than
fifteen
days
from
the
date
11
of
approval
by
the
official
of
that
the
corrective
plan
is
12
delivered
.
The
commercial
establishment
shall
not
engage
in
13
its
ordinary
business
activities,
other
than
maintaining
the
14
animal
as
required
under
this
chapter,
until
the
department
15
inspects
the
business
premises
of
the
commercial
breeder
is
16
satisfied
that
all
corrections
identified
in
the
correction
17
plan
have
been
made,
and
issues
an
approved
inspection
report
18
to
the
commercial
breeder.
Once
the
approved
inspection
report
19
has
been
published
on
the
department’s
internet
site,
the
20
department
shall
withdraw
any
charge
of
a
continuing
violation.
21
a.
Notwithstanding
subsection
1,
a
civil
penalty
shall
not
22
exceed
five
hundred
dollars
for
the
first
day
of
the
violation.
23
After
that
day,
the
department
shall
not
impose
a
civil
penalty
24
for
the
violation
during
the
compliance
period.
The
department
25
shall
not
impose
an
additional
civil
penalty,
unless
the
26
commercial
establishment
fails
to
correct
the
violation
by
the
27
end
of
the
compliance
period.
28
b.
If
the
a
commercial
establishment
fails
to
correct
29
the
a
violation
,
as
identified
in
the
inspection
report
and
30
corrective
plan,
by
the
end
of
the
compliance
period,
each
31
day
that
the
violation
continues
shall
be
deemed
a
separate
32
offense.
If
the
commercial
establishment
fails
to
correct
an
33
identified
violation,
the
department
shall
notify
the
county
34
sheriff
and
county
attorney
in
the
county
where
the
commercial
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establishment
is
located.
If
the
commercial
establishment
1
fails
to
correct
more
than
one
of
the
identified
violations,
2
the
department
shall
also
notify
the
attorney
general.
3
Sec.
18.
Section
162.13,
subsection
2,
Code
2019,
is
amended
4
to
read
as
follows:
5
2.
a.
The
failure
of
a
person
who
owns
or
operates
a
6
commercial
establishment
to
meet
the
standard
of
care
required
7
in
section
162.10A,
subsection
1
,
is
a
simple
misdemeanor.
The
8
animals
are
subject
to
seizure
and
impoundment
and
9
b.
The
failure
of
a
commercial
breeder
to
meet
a
standard
of
10
care
required
in
section
162.10A
that
causes
a
dog
to
suffer
11
serious
adverse
health
effects
or
prolonged
suffering
is
a
12
serious
misdemeanor.
13
3.
The
department
may
seize
and
impound
all
animals
if
14
the
commercial
breeder
fails
to
meet
a
standard
of
care
15
requirement
described
in
subsection
2.
The
animals
may
be
sold
16
or
destroyed
as
provided
by
rules
which
shall
be
adopted
by
the
17
department
pursuant
to
chapter
17A
.
The
rules
shall
provide
18
for
the
destruction
of
an
animal
by
a
humane
method,
including
19
by
euthanasia.
20
Sec.
19.
Section
162.13,
subsection
2,
Code
2019,
is
amended
21
to
read
as
follows:
22
2.
a.
The
failure
of
a
A
person
who
owns
or
operates
a
23
commercial
establishment
and
fails
to
meet
the
standard
of
care
24
required
in
section
162.10
or
section
162.10A,
subsection
1
,
25
is
guilty
of
a
simple
misdemeanor.
The
animals
are
subject
to
26
seizure
and
impoundment
and
may
be
sold
or
destroyed
27
b.
Notwithstanding
paragraph
“a”
,
a
person
who
owns
28
or
operates
a
commercial
establishment
and
fails
to
meet
29
a
standard
of
care
required
in
section
162.10
or
section
30
162.10A,
subsection
1,
is
guilty
of
a
serious
misdemeanor
if
31
the
animal
suffers
a
serious
injury
or
death.
However,
the
32
person
is
guilty
of
an
aggravated
misdemeanor
if
the
person
has
33
previously
been
convicted
of
causing
an
animal
serious
injury
34
or
death.
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3.
If
a
person
who
owns
or
operates
a
commercial
1
establishment
fails
to
meet
a
standard
of
care
required
in
2
section
162.10
or
section
162.10A,
subsection
1,
the
department
3
may
seize
and
impound
any
number
of
the
animals
as
provided
4
by
rules
which
shall
be
adopted
by
the
department
pursuant
to
5
chapter
17A
.
The
rules
shall
provide
for
the
destruction
of
an
6
a
seized
and
impounded
animal
by
a
humane
method,
including
by
7
euthanasia
if
necessary
.
The
department
may
petition
district
8
court
for
a
dispositional
proceeding
in
the
same
manner
as
9
provided
in
section
717B.4
and
shall
have
the
same
rights
and
10
remedies
as
provided
to
a
county
attorney
bringing
a
petition
11
under
that
section.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
GENERAL.
Code
chapter
162
provides
for
the
regulation
of
16
commercial
establishments
that
hold
an
ownership
or
possessory
17
(custodial)
interest
in
certain
animals,
other
than
animals
18
used
for
an
agricultural
purpose
or
game
(Code
section
19
162.1),
as
regulated
by
the
department
of
agriculture
and
land
20
stewardship
(DALS).
Commercial
establishments
include
a
number
21
of
types
of
operations
including
commercial
breeders,
dealers,
22
and
public
auctions
which
are
required
to
obtain
a
state
23
license
or,
alternatively,
a
permit
if
federally
licensed.
24
Commercial
establishments
also
include
a
pet
shop
which
must
25
obtain
a
state
license.
Finally,
a
commercial
establishment
26
classified
as
a
pound
operated
by
a
political
subdivision,
27
animal
shelter
operated
on
a
nonprofit
basis,
and
a
research
28
facility
must
obtain
a
certificate
of
registration.
A
state
29
license,
permit,
or
certificate
is
generally
referred
to
as
an
30
authorization.
A
commercial
breeder
includes
a
person
engaged
31
in
the
business
of
breeding
dogs
for
sale
and
a
dealer
includes
32
a
person
engaged
in
the
business
of
buying
dogs
for
resale.
A
33
pet
shop
includes
a
person
purchasing
and
selling
dogs.
All
34
commercial
establishments
are
required
to
comply
with
standard
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of
care
requirements
(Code
section
162.10A).
These
include
1
providing
adequate
feed,
adequate
housing
facilities
(primary
2
enclosures),
sanitary
control,
or
grooming
practices
(to
the
3
extent
that
the
lack
of
such
practices
causes
adverse
health
4
or
suffering).
It
also
includes
providing
the
dog
veterinary
5
care.
DALS
may
inspect
the
commercial
establishment
of
a
state
6
licensee
or
certificate
holder
by
entering
onto
its
business
7
premises
at
any
time
during
normal
working
hours
(Code
section
8
162.10B)
and
may
review
its
records.
Alternatively,
DALS
9
monitors
a
permittee
to
determine
whether
the
permittee
is
10
complying
with
required
standard
of
care
requirements.
All
11
entities
are
required
to
pay
authorization
fees
which
are
12
deposited
in
the
commercial
establishment
fund
(Code
section
13
162.2C)
which
is
reserved
for
use
by
DALS
to
administer
14
and
enforce
the
Code
chapter’s
provisions.
The
fee
for
a
15
certificate
of
registration
is
$75
and
the
fee
for
a
state
16
license
or
permit
is
$175.
17
COMMERCIAL
ESTABLISHMENTS.
The
bill
provides
for
a
number
18
of
commercial
establishments
required
to
obtain
a
state
license
19
and
therefore
are
subject
to
inspection
and
recordkeeping
20
requirements.
The
first
type
of
state
licensee
is
a
commercial
21
breeder
which
is
a
person
who
breeds
five
or
more
dogs
and
is
22
in
the
business
of
selling
a
specified
number
of
dogs
during
23
a
12-month
period.
A
commercial
breeder
must
obtain
a
state
24
license
(amended
Code
section
162.8).
A
breeder
other
than
a
25
commercial
breeder
is
not
subject
to
state
regulation.
The
26
second
type
of
state
licensee
is
a
commercial
dealer
who
is
27
engaged
in
the
business
of
buying
for
resale
five
or
more
dogs
28
or
cats
or
both
during
any
12-month
period.
A
commercial
29
dealer
must
obtain
a
state
license
(new
Code
section
162.7A).
30
A
dealer
who
is
not
a
commercial
dealer
must
still
obtain
31
either
a
state
license
or
permit
(amended
Code
section
169.7).
32
The
third
type
of
state
licensee
is
a
commercial
transporter
33
engaged
in
the
business
of
transferring
more
than
five
dogs
34
or
cats,
or
both,
from
a
commercial
breeder,
or
commercial
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dealer,
or
another
commercial
transporter
at
any
time
during
1
a
12-month
period.
A
commercial
transporter
must
obtain
a
2
state
license
(new
Code
section
162.9).
A
transporter
other
3
than
a
commercial
transporter
is
not
subject
to
regulation.
4
Commercial
breeders,
commercial
dealers,
commercial
5
transporters
together
with
pet
shops
are
classified
as
6
qualified
commercial
establishments
(Code
section
162.2(22B)).
7
NEW
COMMERCIAL
ESTABLISHMENT
——
COMMERCIAL
RESCUE.
The
bill
8
also
creates
another
type
of
commercial
establishment
that
is
9
not
classified
as
qualified
subject
to
special
regulation.
A
10
commercial
rescue
is
not
associated
with
a
pound
or
animal
11
shelter,
acts
as
a
custodian
of
10
or
more
dogs
or
cats,
or
12
both,
at
any
time
during
a
12-month
period,
and
accepts
dogs
or
13
cats
from
five
or
more
persons,
not
counting
family
members,
or
14
who
has
taken
custody
of
five
or
more
dogs
or
cats
which
were
15
abandoned.
An
animal
rescue
must
obtain
a
state
license
(new
16
Code
section
162.8A).
17
COMMERCIAL
BREEDERS
——
STATE
LICENSE
APPLICATION.
The
bill
18
requires
a
commercial
breeder
to
include
in
a
state
license
19
application,
information
regarding
the
maximum
number
of
dogs
20
(both
adult
and
puppies)
expected
to
be
maintained
by
the
21
operation,
evidence
that
the
applicant
can
properly
care
for
22
the
dogs,
evidence
of
the
applicant’s
financial
responsibility
23
(e.g.,
surety
bond),
and
a
criminal
background
check.
DALS
24
is
required
to
disapprove
an
application
if
the
applicant
has
25
violated
statutes
or
rules
involving
animal
welfare.
26
FEES.
With
one
exception,
the
fees
for
the
new
types
of
27
commercial
establishments
are
the
same
as
for
state
licensees
28
or
permittees.
However,
for
commercial
breeders,
the
fee
29
equals
the
ordinary
fee
for
a
licensee
(base
fee)
plus
an
30
additional
amount
calculated
according
to
the
number
of
puppies
31
that
the
commercial
breeder
sold
during
the
previous
licensing
32
period.
The
base
amount
equals
$175,
and
the
scheduled
amount
33
ranges
from
$250
to
$750
(amended
Code
section
162.2B).
34
QUALIFIED
COMMERCIAL
ESTABLISHMENTS
——
DISCLOSURE
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STATEMENTS.
A
commercial
breeder
must
provide
a
purchaser
of
1
that
dog
with
a
disclosure
statement
which
includes
information
2
regarding
the
commercial
breeder
and
the
health
of
the
dog
3
(e.g.,
a
veterinary
certificate
issued
by
a
veterinarian).
4
A
copy
of
the
disclosure
statement
must
accompany
any
5
future
transfer
of
the
dog
to
another
qualified
commercial
6
establishment
(commercial
breeder,
commercial
dealer,
7
commercial
transporter,
or
pet
shop)
and
any
future
sale
by
one
8
of
these
operations
to
a
retail
customer
(amended
Code
section
9
162.8).
A
qualified
commercial
establishment
must
maintain
a
10
record
of
disclosure
statements
for
three
years.
11
COMMERCIAL
BREEDERS
——
STANDARD
OF
CARE
REQUIREMENTS.
The
12
bill
requires
a
commercial
breeder
to
comply
with
additional
13
standard
of
care
requirements
which
provide
for
a
dog’s
daily
14
food
and
water
supply,
primary
enclosures,
and
veterinary
15
care
(new
Code
section
162.10).
A
number
of
these
special
16
requirements
govern
the
size
and
construction
of
the
primary
17
enclosure
which
become
effective
on
and
after
January
1,
18
2022.
The
new
standard
of
care
requirements
govern
dogs
19
maintained
in
both
indoor
and
outdoor
environments.
Other
20
requirements
govern
how
dogs,
including
dams,
are
confined,
and
21
opportunities
for
dogs
to
exercise
and
interact
with
other
dogs
22
and
humans.
DALS
may
adopt
rules
providing
additional
standard
23
of
care
requirements
based
on
a
number
of
factors,
including
24
accepted
management
practices
and
veterinary
medical
standards.
25
COMMERCIAL
BREEDERS
——
ELECTRONIC
DEVICES.
The
bill
26
requires
a
commercial
breeder
to
install
an
electronic
device
27
(microchip)
beneath
the
skin
of
a
dog
that
stores
information
28
regarding
the
dog,
including
its
health,
in
a
digital
format
29
(amended
Code
section
162.8).
30
COMMERCIAL
BREEDERS
——
INSPECTION
REQUIREMENTS.
The
bill
31
requires
DALS
to
inspect
the
business
premises
of
a
commercial
32
breeder
at
least
once
during
each
12-month
license
period.
33
UNIFORM
ENFORCEMENT.
The
bill
provides
that
DALS
is
to
34
adopt
rules
providing
criteria
for
the
enforcement
of
the
Code
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chapter
and
must
apply
the
criteria
in
a
uniform
manner
(new
1
Code
section
162.11A).
2
COMMERCIAL
BREEDERS
——
DISCIPLINARY
ACTION
BASED
ON
A
3
FAILURE
TO
PAY
TAXES.
In
taking
disciplinary
action
against
4
a
commercial
breeder,
DALS
may
suspend
or
revoke
the
person’s
5
state
license
for
failing
to
timely
remit
any
sales
or
use
6
tax
due
to
the
department
of
revenue
(amended
Code
section
7
162.10D).
8
COMMERCIAL
BREEDERS
——
CIVIL
PENALTIES.
DALS
currently
9
establishes,
imposes,
and
assesses
civil
penalties
for
10
violations
of
the
Code
chapter’s
provisions
(amended
Code
11
section
162.12A).
A
civil
penalty
applies
up
to
$500
per
day
12
for
a
violation.
For
a
housing
violation,
the
civil
penalty
13
is
assessed
for
the
first
day,
but
not
for
the
subsequent
15
14
days
to
allow
for
correction
according
to
a
departmental
plan.
15
Under
the
bill,
DALS
must
determine
if
a
corrective
plan
is
16
appropriate.
If
DALS
prepares
and
delivers
a
corrective
plan
17
to
the
commercial
establishment,
it
is
prohibited
from
engaging
18
in
its
ordinary
business
activities
until
DALS
verifies
19
that
all
corrections
have
been
made
after
an
inspection
of
20
the
business
premises
(amended
Code
section
162.12A).
If
a
21
commercial
establishment
fails
to
make
a
correction,
DALS
22
must
notify
the
county
sheriff
and
county
attorney
having
23
jurisdiction
over
the
matter
and
if
there
are
multiple
failures
24
to
correct,
DALS
must
also
report
the
matter
to
the
attorney
25
general.
26
COMMERCIAL
BREEDERS
——
CRIMINAL
PENALTIES.
Generally,
a
27
commercial
establishment
that
fails
to
meet
a
standard
of
care
28
is
guilty
of
a
simple
misdemeanor
and
DALS
seizes
and
disposes
29
of
any
animals
which
have
been
mistreated.
The
bill
provides
30
that
a
commercial
breeder
who
fails
to
meet
a
standard
of
31
care
is
guilty
of
a
serious
misdemeanor
if
the
failure
causes
32
a
dog
to
suffer
serious
injury
or
death.
The
bill
provides
33
that
the
person
is
guilty
of
an
aggravated
misdemeanor
if
the
34
person
has
previously
been
convicted
of
causing
an
animal
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serious
injury
or
death.
In
addition,
DALS
is
authorized
to
1
confiscate,
impound,
and
dispose
of
all
animals
maintained
by
2
the
commercial
establishment.
DALS
may
petition
district
court
3
in
the
same
manner
as
a
county
attorney
may
in
cases
of
animal
4
abuse,
animal
neglect,
or
animal
torture
(Code
section
717B.4).
5
A
simple
misdemeanor
is
punishable
by
confinement
for
no
6
more
than
30
days
or
a
fine
of
at
least
$65
but
not
more
than
7
$625
or
by
both.
A
serious
misdemeanor
is
punishable
by
8
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
9
$315
but
not
more
than
$1,875.
An
aggravated
misdemeanor
is
10
punishable
by
confinement
for
no
more
than
two
years
and
a
fine
11
of
at
least
$625
but
not
more
than
$6,250.
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