Bill Text: IA SF2176 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act restricting the movement of dogs and cats into this state by certain persons regulated by the department of agriculture and land stewardship, and including penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-17 - Subcommittee, Kinney, Anderson, and Seng. S.J. 257. [SF2176 Detail]
Download: Iowa-2015-SF2176-Introduced.html
Senate File 2176 - Introduced SENATE FILE BY GUTH A BILL FOR 1 An Act restricting the movement of dogs and cats into this 2 state by certain persons regulated by the department of 3 agriculture and land stewardship, and including penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5930XS (3) 86 da/nh PAG LIN 1 1 Section 1. Section 162.2, Code 2016, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 2A. "Animal foster care" means a person who 1 4 operates a private residence that provides a dog or cat with 1 5 temporary maintenance, including shelter and care, if the dog 1 6 or cat has been accepted by a person who is an animal rescue 1 7 or licensed as an animal shelter or pound under this chapter, 1 8 if that person is authorized by the department to oversee the 1 9 operations of the private residence. 1 10 NEW SUBSECTION. 2B. "Animal rescue" means a person who is 1 11 recognized by the department to retain custody of a dog or cat 1 12 on a temporary basis until doing any of the following: 1 13 a. Transferring the dog or cat to an animal shelter, pound, 1 14 or another animal rescue. 1 15 b. Relinquishing custody of the dog or cat by sale to a 1 16 member of the public. 1 17 Sec. 2. NEW SECTION. 162.10 Movement of dogs and cats from 1 18 outside state. 1 19 1. A person who is an animal rescue or animal foster care 1 20 recognized by the department, or a person who is a commercial 1 21 establishment operating as an animal shelter, dealer, pet 1 22 store, or pound shall move a dog or cat, or take possession 1 23 of a dog or cat that has been moved, from a location outside 1 24 this state to a location inside this state only if all of the 1 25 following apply: 1 26 a. Upon entering into the state, the dog or cat was kept 1 27 in a secure location approved by the department for at least 1 28 fourteen days and it was determined according to departmental 1 29 criteria that the dog or cat is not afflicted with an 1 30 infectious or contagious disease or parasites. 1 31 b. For a dog that is four months of age or older, the dog 1 32 has been administered with a rabies vaccine, and all of the 1 33 following apply: 1 34 (1) The vaccine is licensed by the United States department 1 35 of agriculture and approved by the department of agriculture 2 1 and land stewardship. 2 2 (2) The vaccination is current. 2 3 c. The dog or cat is accompanied by a certificate of 2 4 veterinary inspection that includes a completed form based on 2 5 the United States interstate and international certificate of 2 6 health examination for small animals as provided in 9 C.F.R 2 7 {2.78 and any additional information required by the department 2 8 and that at least specifies all of the following: 2 9 (1) A statement that the dog or cat is not afflicted with 2 10 a contagious or infectious disease or with parasites and the 2 11 dog or cat has not been exposed to a vertebrate animal that has 2 12 been so afflicted. 2 13 (2) A statement that the dog or cat has not been moved from 2 14 an area that is quarantined for rabies by a governmental entity 2 15 recognized by the department. 2 16 (3) A record of each vaccine administered to the dog or cat. 2 17 The record shall do all of the following: 2 18 (a) Indicate the type of vaccine administered and the date 2 19 when the vaccine was administered. 2 20 (b) Provide an identification number that allows the 2 21 department to determine the place where the vaccine was 2 22 administered. 2 23 d. The person must retain the certificate for at least two 2 24 years from the date that the person took possession of the dog 2 25 or cat. 2 26 2. This section does not apply to a person who exercised 2 27 custody and control over a dog or cat in this state prior 2 28 to moving the dog or cat outside this state and who did not 2 29 relinquish custody and control of the dog or cat while outside 2 30 the state. 2 31 3. The department may take disciplinary action against a 2 32 commercial establishment acting in violation of this section 2 33 as provided in section 162.10D. 2 34 Sec. 3. Section 162.12A, subsection 1, Code 2016, is amended 2 35 by adding the following new paragraph: 3 1 NEW PARAGRAPH. c. Notwithstanding paragraph "a", a person 3 2 who fails to comply with section 162.10 is subject to a civil 3 3 penalty of not less than one thousand dollars and not more than 3 4 five thousand dollars. 3 5 EXPLANATION 3 6 The inclusion of this explanation does not constitute agreement with 3 7 the explanation's substance by the members of the general assembly. 3 8 This bill provides that certain persons regulated by the 3 9 department of agriculture and land stewardship are required 3 10 to comply with requirements for moving dogs or cats from a 3 11 location outside this state to a location inside this state. 3 12 These persons include an animal rescue or animal foster care 3 13 recognized by the department, or a commercial establishment 3 14 operating as an animal shelter, dealer, pet store, or pound 3 15 operating pursuant to an authorization issued by the department 3 16 such as a certificate of registration, state license, or 3 17 permit. 3 18 The bill requires all of the following: (1) a dog or cat 3 19 be kept in a secure location to determine if it is afflicted 3 20 with an infectious or contagious disease or parasites prior to 3 21 moving in this state, and (2) a dog at least four months of 3 22 age has been administered a current rabies vaccination. A dog 3 23 or cat must also be accompanied by a certificate of veterinary 3 24 inspection based on form 7001 promulgated by the animal and 3 25 plant health inspection service of the United State department 3 26 of agriculture and other information concerning the veterinary 3 27 history of the animal. The bill's restrictions do not apply 3 28 to persons who exercised custody and control of a dog or cat in 3 29 this state prior to its movement out of state so long as the 3 30 person did not relinquish control or custody of the dog or cat 3 31 during its movement. 3 32 The bill provides that the department may take disciplinary 3 33 action against an animal shelter, dealer, pet store, or pound 3 34 by suspending or revoking its authorization to operate in this 3 35 state. An animal rescue, animal foster care, animal shelter, 4 1 dealer, pet store, or pound that fails to comply with the 4 2 bill's provisions is also subject to a civil penalty of at 4 3 least $1,000 and not more than $5,000. LSB 5930XS (3) 86 da/nh
