Bill Text: IA SF2361 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act providing for the regulation of commercial establishments keeping nonagricultural animals, providing for fees and appropriations, and making penalties applicable. (Formerly SF 2166 and SF 2254.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2014-04-24 - Committee report, approving bill. S.J. 850. [SF2361 Detail]
Download: Iowa-2013-SF2361-Introduced.html
Senate
File
2361
-
Introduced
SENATE
FILE
2361
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
SF
2254)
(SUCCESSOR
TO
SF
2166)
A
BILL
FOR
An
Act
providing
for
the
regulation
of
commercial
1
establishments
keeping
nonagricultural
animals,
providing
2
for
fees
and
appropriations,
and
making
penalties
3
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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2361
Section
1.
Section
162.1,
subsection
1,
paragraph
c,
Code
1
2014,
is
amended
to
read
as
follows:
2
c.
Provide
that
all
vertebrate
animals
consigned
to
pet
3
shops
are
provided
humane
care
and
treatment
by
regulating
the
4
transportation,
sale,
purchase,
housing,
care,
handling,
and
5
treatment
of
such
animals
by
pet
shops.
6
Sec.
2.
Section
162.2,
subsections
5,
6,
14,
15,
16,
17,
7
18,
23,
25,
26,
and
27,
Code
2014,
are
amended
by
striking
the
8
subsections.
9
Sec.
3.
Section
162.2,
subsections
3
and
10,
Code
2014,
are
10
amended
to
read
as
follows:
11
3.
“Animal
shelter”
means
a
facility
which
is
used
to
12
receive,
rescue,
house
or
contain
dogs
or
cats,
or
both
,
and
13
transfer
animals
and
which
is
owned,
operated,
or
maintained
by
14
an
incorporated
humane
society,
animal
welfare
society,
society
15
for
the
prevention
of
cruelty
to
animals,
or
other
nonprofit
16
organization
devoted
to
the
welfare,
protection,
and
humane
17
treatment
of
such
animals.
18
10.
a.
“Commercial
kennel”
means
a
kennel
which
performs
19
grooming,
boarding,
or
training
services
for
dogs
or
cats
in
20
return
for
a
consideration.
21
b.
“Commercial
kennel”
does
not
include
a
kennel
in
which
22
a
dog
or
cat
remains
in
the
custody
of
the
owner
of
the
dog
or
23
cat.
24
Sec.
4.
Section
162.2,
Code
2014,
is
amended
by
adding
the
25
following
new
subsections:
26
NEW
SUBSECTION
.
2A.
“Animal”
means
vertebrate
animal
other
27
than
members
of
the
equine,
bovine,
ovine,
and
porcine
species,
28
and
ostriches,
rheas,
emus,
and
poultry.
29
NEW
SUBSECTION
.
16A.
“License”
means
an
authorization
to
30
operate
a
commercial
establishment
as
provided
in
this
chapter
31
regardless
of
whether
the
authorization
is
also
referred
to
as
32
a
permit
or
certificate
of
registration.
33
NEW
SUBSECTION
.
16B.
“Licensee”
means
an
animal
shelter,
34
boarding
kennel,
commercial
breeder,
commercial
kennel,
dealer,
35
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2361
pet
shop,
pound,
or
public
auction
who
must
operate
pursuant
1
to
a
license
issued
and
renewed
by
the
department
pursuant
to
2
section
162.2A.
3
NEW
SUBSECTION
.
16C.
“Local
authority”
means
the
same
as
4
defined
in
section
717B.1.
5
Sec.
5.
Section
162.2,
subsection
19,
Code
2014,
is
amended
6
to
read
as
follows:
7
19.
“Pet
shop”
means
an
establishment
where
a
dog,
cat,
8
rabbit,
rodent,
nonhuman
primate,
fish
other
than
live
bait,
9
bird,
or
other
vertebrate
animal
is
bought,
sold,
exchanged,
10
or
offered
for
sale.
However,
a
pet
shop
does
not
include
an
11
establishment
if
one
of
the
following
applies:
12
a.
The
establishment
receives
less
than
five
hundred
dollars
13
from
the
sale
or
exchange
of
vertebrate
animals
during
a
14
twelve-month
period.
15
b.
The
establishment
sells
or
exchanges
less
than
six
16
animals
during
a
twelve-month
period.
17
Sec.
6.
Section
162.2A,
subsections
1,
2,
4,
and
5,
Code
18
2014,
are
amended
to
read
as
follows:
19
1.
The
department
shall
provide
for
the
operation
of
20
issuance
or
renewal
of
a
license
to
operate
a
commercial
21
establishment
by
issuing
or
renewing
an
authorization,
22
including
any
of
the
following:
.
23
a.
A
certificate
of
registration
for
a
pound,
animal
24
shelter,
or
research
facility.
25
b.
A
state
license
for
a
boarding
kennel,
commercial
kennel,
26
or
pet
shop.
27
c.
A
state
license
or
permit
for
a
commercial
breeder,
28
dealer,
or
public
auction.
A
federal
licensee
must
apply
for
29
and
be
issued
either
a
permit
or
a
state
license
in
lieu
of
a
30
permit.
31
2.
a.
A
person
must
be
issued
a
separate
license
for
32
each
class
of
commercial
establishment,
including
for
one
or
33
more
animal
shelters,
boarding
kennels,
commercial
breeders,
34
commercial
kennels,
dealers,
pet
shops,
pounds,
public
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auctions,
or
research
facilities.
1
b.
A
person
must
be
issued
a
separate
state
license
,
2
certificate
of
registration,
or
permit
for
each
all
commercial
3
establishment
establishments
of
the
same
class
owned
or
4
operated
by
the
person.
5
4.
The
authorization
license
expires
on
an
annual
basis
6
as
provided
by
the
department,
and
must
be
renewed
by
the
7
commercial
establishment
on
an
annual
basis
on
or
before
the
8
authorization’s
license’s
expiration
date.
9
5.
a.
A
commercial
establishment
applying
for
the
issuance
10
or
renewal
of
a
permit
shall
provide
the
department
with
proof
11
that
the
person
is
a
federal
licensee.
12
b.
The
department
shall
not
require
that
it
must
enter
onto
13
the
premises
of
a
commercial
establishment
in
order
to
issue
a
14
permit.
The
department
shall
not
require
that
it
must
enter
15
onto
the
premises
of
a
commercial
establishment
in
order
to
16
renew
a
permit,
unless
it
has
reasonable
cause
to
monitor
the
17
commercial
establishment
as
provided
in
section
162.10C
.
The
18
department
may
deny
an
application
for
the
issuance
or
renewal
19
of
a
license,
if
the
department
determines
that
the
applicant
20
is
in
violation
of
this
chapter
or
has
not
demonstrated
that
21
the
applicant
will
comply
with
the
provisions
of
this
chapter.
22
Sec.
7.
Section
162.2A,
subsection
3,
unnumbered
paragraph
23
1,
Code
2014,
is
amended
to
read
as
follows:
24
A
person
must
apply
for
the
issuance
or
renewal
of
an
25
authorization
a
license
on
forms
and
according
to
procedures
26
required
by
rules
adopted
by
the
department.
The
application
27
shall
contain
information
required
by
the
department,
including
28
but
not
limited
to
all
of
the
following:
29
Sec.
8.
Section
162.2A,
subsection
3,
paragraph
c,
Code
30
2014,
is
amended
to
read
as
follows:
31
c.
The
name,
address,
and
type
of
establishment
covered
by
32
the
authorization
license
.
33
Sec.
9.
Section
162.2B,
Code
2014,
is
amended
by
striking
34
the
section
and
inserting
in
lieu
thereof
the
following:
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162.2B
Fees.
1
1.
The
department
shall
establish,
assess,
and
collect
2
fees
for
issuing
or
renewing
a
license
as
provided
in
section
3
162.2A.
The
fee
assessed
under
this
section
shall
include
a
4
base
amount
plus
any
applicable
scheduled
amount.
5
2.
a.
For
an
animal
shelter,
the
base
amount
equals
6
seventy-five
dollars.
7
b.
An
animal
shelter
shall
not
be
assessed
a
scheduled
8
amount.
9
c.
A
single
base
amount
shall
be
assessed
for
all
locations
10
owned
or
operated
by
the
animal
shelter.
11
3.
a.
For
a
pound,
the
base
amount
equals
seventy-five
12
dollars.
13
b.
A
pound
shall
not
be
assessed
a
scheduled
amount.
14
c.
A
single
base
amount
shall
be
assessed
for
all
locations
15
owned
or
operated
by
the
pound.
16
4.
a.
For
a
research
facility,
the
base
amount
equals
17
seventy-five
dollars.
18
b.
A
research
facility
shall
not
be
assessed
a
scheduled
19
amount.
20
c.
A
single
base
amount
shall
be
assessed
for
all
locations
21
owned
or
operated
by
the
research
facility.
22
5.
a.
For
a
commercial
breeder
whose
license
is
a
special
23
type
of
license
reserved
for
small
breeders,
competitive
show
24
breeders,
or
specialized
breeders,
the
base
amount
equals
one
25
hundred
dollars.
26
b.
A
commercial
breeder
whose
license
is
reserved
as
a
27
special
type
of
license
as
described
in
paragraph
“a”
shall
not
28
be
assessed
a
scheduled
amount.
29
c.
A
single
base
amount
shall
be
assessed
for
all
locations
30
owned
or
operated
by
the
commercial
breeder
whose
license
is
31
reserved
as
a
special
type
of
license
as
described
in
paragraph
32
“a”
.
33
6.
a.
For
a
commercial
breeder
whose
license
is
not
34
reserved
as
a
special
type
of
license
as
provided
in
subsection
35
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5,
the
base
amount
equals
one
hundred
seventy-five
dollars
and
1
the
scheduled
amount
is
computed
by
calculating
the
number
of
2
dogs
and
cats
kept
by
the
commercial
breeder
as
follows:
3
(1)
For
not
more
than
fifty
dogs
and
cats,
seventy-five
4
dollars.
5
(2)
For
more
than
fifty
dogs
and
cats
but
not
more
than
6
seventy-five
dogs
and
cats,
two
hundred
fifty
dollars.
7
(3)
For
more
than
seventy-five
dogs
and
cats
but
not
more
8
than
one
hundred
dogs
and
cats,
eight
hundred
dollars.
9
(4)
For
more
than
one
hundred
dogs
and
cats
but
not
more
10
than
two
hundred
fifty
dogs
and
cats,
two
thousand
five
hundred
11
dollars.
12
(5)
For
more
than
two
hundred
fifty
dogs
and
cats
but
not
13
more
than
four
hundred
dogs
and
cats,
five
thousand
dollars.
14
(6)
For
more
than
four
hundred
dogs
and
cats,
seven
thousand
15
five
hundred
dollars.
16
b.
A
dog
or
cat
is
included
in
the
calculation
under
17
paragraph
“a”
if
the
dog
or
cat
is
recorded
as
an
adult
on
18
hand
for
breeding
during
the
most
recent
inspection
of
the
19
commercial
breeder
by
the
department
of
agriculture
and
land
20
stewardship
or
the
United
States
department
of
agriculture.
21
c.
Notwithstanding
paragraph
“b”
,
a
greyhound
dog
owned,
22
kept,
bred,
or
transported
by
a
commercial
breeder
for
23
pari-mutuel
wagering
at
a
racetrack
as
provided
in
chapter
99D
24
is
not
included
in
the
calculation.
Rather
the
commercial
25
breeder
shall
pay
a
different
fee
for
the
issuance
or
renewal
26
of
a
license
as
provided
in
rules
adopted
by
the
department.
27
d.
A
base
amount
shall
be
assessed
for
each
location
owned
28
or
operated
by
the
commercial
breeder.
The
scheduled
amount
29
shall
be
assessed
for
the
total
number
of
dogs
or
cats
kept
at
30
all
locations
owned
or
operated
by
the
commercial
breeder.
31
7.
a.
For
a
pet
shop,
the
base
amount
equals
one
hundred
32
seventy-five
dollars
and
the
scheduled
amount
is
computed
by
33
calculating
the
number
of
dogs
and
cats
kept
by
the
pet
shop
as
34
follows:
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(1)
For
at
least
one
dog
or
cat
but
not
more
than
twenty
1
dogs
and
cats,
one
hundred
dollars.
2
(2)
For
more
than
twenty
dogs
and
cats
but
not
more
than
3
forty
dogs
and
cats,
two
hundred
fifty
dollars.
4
(3)
For
more
than
forty
dogs
and
cats,
five
hundred
dollars.
5
b.
A
dog
or
cat
is
included
in
the
calculation
under
6
paragraph
“a”
if
the
dog
or
cat
is
recorded
as
on
hand
for
sale
7
to
the
general
public
during
the
most
recent
inspection
of
the
8
pet
shop
by
the
department.
9
c.
A
base
amount
shall
be
assessed
for
each
location
owned
10
or
operated
by
the
pet
shop.
The
scheduled
amount
shall
be
11
assessed
for
the
total
number
of
dogs
or
cats
kept
at
all
12
locations
owned
or
operated
by
the
pet
shop.
13
8.
a.
For
a
boarding
kennel,
commercial
kennel,
or
public
14
auction,
the
base
amount
equals
one
hundred
seventy-five
15
dollars.
16
b.
A
boarding
kennel,
commercial
kennel,
or
public
auction
17
shall
not
be
assessed
a
scheduled
amount.
18
c.
A
single
base
amount
shall
be
assessed
for
all
locations
19
owned
or
operated
by
the
boarding
kennel,
commercial
kennel,
20
or
public
auction.
21
9.
a.
For
a
dealer,
the
base
amount
equals
one
hundred
22
dollars.
23
b.
A
dealer
shall
not
be
assessed
a
scheduled
amount.
24
c.
A
single
base
amount
shall
be
assessed
for
all
locations
25
owned
or
operated
by
the
dealer.
26
10.
The
moneys
collected
by
the
department
under
this
27
section
shall
be
credited
to
the
commercial
establishment
fund
28
created
in
section
162.2C.
29
11.
The
fees
provided
in
this
section
shall
be
considered
30
repayment
receipts
as
defined
in
section
8.2.
The
general
31
assembly
shall
appropriate
moneys
to
the
department
each
fiscal
32
year
necessary
for
the
administration
and
enforcement
of
this
33
chapter.
34
Sec.
10.
Section
162.2C,
subsection
3,
Code
2014,
is
amended
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2361
to
read
as
follows:
1
3.
Moneys
in
the
fund
are
appropriated
to
the
department
and
2
shall
be
used
exclusively
to
carry
out
do
all
of
the
following:
3
a.
Administer
and
enforce
the
provisions
of
this
chapter
4
as
determined
and
directed
by
the
department,
and
shall
not
5
require
further
special
authorization
by
the
general
assembly.
6
b.
Fully
fund
the
animal
rescue
remediation
fund
as
provided
7
in
section
717B.13.
For
the
fiscal
year
beginning
July
1,
8
2014,
and
each
fiscal
year
thereafter,
the
department
shall
9
transfer
at
least
twenty
thousand
dollars
from
moneys
in
the
10
commercial
establishment
fund
to
the
animal
rescue
remediation
11
fund
created
in
section
717B.13.
However,
if
on
March
1
the
12
unobligated
and
unencumbered
balance
in
the
animal
rescue
13
remediation
fund
equals
more
than
sixty
thousand
dollars,
the
14
department
shall
suspend
the
transfer
for
the
subsequent
fiscal
15
year.
If
on
March
1
of
a
fiscal
year
for
which
the
transfer
16
is
suspended,
the
unobligated
and
unencumbered
balance
in
the
17
animal
rescue
remediation
fund
is
less
than
forty
thousand
18
dollars,
the
department
shall
resume
the
transfer
for
the
19
subsequent
fiscal
year.
20
Sec.
11.
Section
162.3,
Code
2014,
is
amended
to
read
as
21
follows:
22
162.3
Operation
of
a
pound
——
certificate
of
registration
23
license
.
24
A
pound
shall
only
operate
pursuant
to
a
certificate
of
25
registration
license
issued
or
renewed
by
the
department
as
26
provided
in
section
162.2A
.
A
pound
may
sell
dogs
or
cats
27
under
its
control
if
sales
are
allowed
by
the
department.
The
28
pound
shall
maintain
records
as
required
by
the
department
in
29
order
for
the
department
to
ensure
the
pound’s
compliance
with
30
the
provisions
of
this
chapter
.
31
Sec.
12.
Section
162.4,
Code
2014,
is
amended
to
read
as
32
follows:
33
162.4
Operation
of
an
animal
shelter
——
certificate
of
34
registration
license
.
35
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An
animal
shelter
shall
only
operate
pursuant
to
a
1
certificate
of
registration
license
issued
or
renewed
by
the
2
department
as
provided
in
section
162.2A
.
An
animal
shelter
3
may
sell
dogs
or
cats
if
sales
are
allowed
by
the
department.
4
The
animal
shelter
facility
shall
maintain
records
as
required
5
by
the
department
in
order
for
the
department
to
ensure
6
the
animal
shelter’s
compliance
with
the
provisions
of
this
7
chapter
.
8
Sec.
13.
Section
162.4A,
Code
2014,
is
amended
to
read
as
9
follows:
10
162.4A
Operation
of
a
research
facility
——
certificate
of
11
registration
license
.
12
A
research
facility
shall
only
operate
pursuant
to
a
13
certificate
of
registration
license
issued
by
the
department
14
as
provided
in
section
162.2A
.
The
research
facility
shall
15
maintain
records
as
required
by
the
department
in
order
for
16
the
department
to
ensure
the
research
facility’s
compliance
17
with
the
provisions
of
this
chapter
.
A
research
facility
shall
18
not
purchase
a
dog
or
cat
from
a
commercial
establishment
that
19
does
not
have
a
valid
authorization
license
issued
or
renewed
20
under
this
chapter
or
a
similar
authorization
license
issued
or
21
renewed
by
another
state.
22
Sec.
14.
Section
162.5,
Code
2014,
is
amended
to
read
as
23
follows:
24
162.5
Operation
of
a
pet
shop
——
state
license.
25
A
pet
shop
shall
only
operate
pursuant
to
a
state
license
26
issued
or
renewed
by
the
department
pursuant
to
section
27
162.2A
.
The
pet
shop
shall
maintain
records
as
required
by
the
28
department
in
order
for
the
department
to
ensure
the
pet
shop’s
29
compliance
with
the
provisions
of
this
chapter
.
A
pet
shop
30
shall
not
purchase
a
dog
or
cat
from
a
commercial
establishment
31
that
does
not
have
a
valid
authorization
license
issued
or
32
renewed
under
this
chapter
or
a
similar
authorization
license
33
issued
or
renewed
by
another
state.
34
Sec.
15.
Section
162.5A,
Code
2014,
is
amended
to
read
as
35
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follows:
1
162.5A
Operation
of
a
boarding
kennel
——
state
license.
2
A
boarding
kennel
shall
only
operate
pursuant
to
a
state
3
license
issued
by
the
department
as
provided
in
section
162.2A
.
4
The
boarding
kennel
shall
maintain
records
as
required
by
5
the
department
in
order
for
the
department
to
ensure
the
6
boarding
kennel’s
compliance
with
the
provisions
of
this
7
chapter
.
A
boarding
kennel
shall
not
purchase
a
dog
or
cat
8
from
a
commercial
establishment
that
does
not
have
a
valid
9
authorization
license
issued
or
renewed
under
this
chapter
or
10
a
similar
authorization
license
issued
or
renewed
by
another
11
state.
12
Sec.
16.
Section
162.6,
Code
2014,
is
amended
to
read
as
13
follows:
14
162.6
Operation
of
a
commercial
kennel
——
state
license.
15
A
commercial
kennel
shall
only
operate
pursuant
to
a
state
16
license
issued
or
renewed
by
the
department
as
provided
in
17
section
162.2A
.
A
commercial
kennel
shall
maintain
records
18
as
required
by
the
department
in
order
for
the
department
to
19
ensure
the
commercial
kennel’s
compliance
with
the
provisions
20
of
this
chapter
.
A
commercial
kennel
shall
not
purchase
a
21
dog
or
cat
from
a
commercial
establishment
that
does
not
have
22
a
valid
authorization
license
issued
or
renewed
under
this
23
chapter
or
a
similar
authorization
license
issued
or
renewed
24
by
another
state.
25
Sec.
17.
Section
162.7,
Code
2014,
is
amended
to
read
as
26
follows:
27
162.7
Operation
of
a
dealer
——
state
license
or
permit
.
28
A
dealer
shall
only
operate
pursuant
to
a
state
license
,
29
or
a
permit,
issued
or
renewed
by
the
department
as
provided
30
in
section
162.2A
.
A
dealer
who
is
a
state
licensee
shall
31
maintain
records
as
required
by
the
department
in
order
for
the
32
department
to
ensure
compliance
with
the
provisions
of
this
33
chapter
.
A
dealer
who
is
a
permittee
may
but
is
not
required
34
to
maintain
records.
A
dealer
shall
not
purchase
a
dog
or
cat
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from
a
commercial
establishment
that
does
not
have
a
valid
1
authorization
license
issued
or
renewed
under
this
chapter
or
2
a
similar
authorization
license
issued
or
renewed
by
another
3
state.
4
Sec.
18.
Section
162.8,
Code
2014,
is
amended
to
read
as
5
follows:
6
162.8
Operation
of
a
commercial
breeder
——
state
license
or
7
permit
.
8
1.
A
commercial
breeder
shall
only
operate
pursuant
to
a
9
state
license
,
or
a
permit,
issued
or
renewed
by
the
department
10
as
provided
in
section
162.2A
.
A
commercial
breeder
who
is
11
a
state
licensee
shall
maintain
records
as
required
by
the
12
department
in
order
for
the
department
to
ensure
the
commercial
13
breeder’s
compliance
with
the
provisions
of
this
chapter
.
A
14
commercial
breeder
who
is
a
permittee
may
but
is
not
required
15
to
maintain
records.
A
commercial
breeder
shall
not
purchase
a
16
dog
or
cat
from
a
commercial
establishment
that
does
not
have
17
a
valid
authorization
license
issued
or
renewed
under
this
18
chapter
or
a
similar
authorization
license
issued
or
renewed
19
by
another
state.
20
2.
a.
The
department
shall
reserve
a
special
type
of
21
commercial
breeder’s
license
issued
or
renewed
to
a
person
22
who
qualifies
as
a
small
breeder,
competitive
show
breeder,
23
or
specialized
breeder.
In
order
to
obtain
and
maintain
the
24
special
type
of
license,
all
dogs
kept
by
the
person
during
the
25
period
of
the
license
must
produce
no
more
than
three
litters
26
or
thirty
puppies,
whichever
number
is
greater.
27
b.
A
commercial
breeder
shall
not
be
issued
or
renewed
a
28
special
type
of
commercial
breeder’s
license
if
any
of
the
29
following
apply:
30
(1)
The
commercial
breeder
is
issued
or
renewed
a
public
31
auction
license
pursuant
to
section
162.9A.
32
(2)
The
commercial
breeder
owns,
keeps,
breeds,
or
33
transports
a
greyhound
dog
for
pari-mutuel
wagering
at
a
34
racetrack
as
provided
in
chapter
99D.
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3.
a.
A
commercial
breeder
shall
not
own
or
operate
an
1
animal
shelter
or
maintain
a
controlling
interest
in
an
animal
2
shelter.
3
b.
Paragraph
“a”
shall
not
apply
to
a
commercial
breeder
4
whose
license
is
a
special
type
of
commercial
breeder’s
license
5
as
provided
in
subsection
2.
6
4.
A
commercial
breeder
offering
to
sell
a
dog
to
a
person
7
shall
provide
the
person
with
a
copy
of
the
most
recent
8
inspection
report
completed
by
the
department
of
agriculture
9
and
land
stewardship
or
the
United
States
department
of
10
agriculture.
The
report
shall
include
the
recorded
number
of
11
adult
dogs
on
hand.
The
report
must
be
signed
by
the
person
12
prior
to
finalizing
the
sale.
One
copy
of
the
signed
report
13
shall
be
maintained
for
one
year
by
the
commercial
breeder
as
14
part
of
the
commercial
breeder’s
records
and
one
copy
of
the
15
report
shall
be
filed
with
the
department.
16
Sec.
19.
Section
162.9A,
Code
2014,
is
amended
to
read
as
17
follows:
18
162.9A
Operation
of
a
public
auction
——
state
license
or
19
permit
.
20
1.
A
public
auction
shall
only
operate
pursuant
to
a
state
21
license
,
or
a
permit,
issued
or
renewed
by
the
department
22
as
provided
in
section
162.2A
.
A
public
auction
which
is
23
a
state
licensee
shall
maintain
records
as
required
by
the
24
department
in
order
for
the
department
to
ensure
the
public
25
auction’s
compliance
with
the
provisions
of
this
chapter
.
A
26
public
auction
which
is
a
permittee
may
but
is
not
required
to
27
maintain
records.
28
2.
A
public
auction
shall
not
purchase
a
dog
or
cat
29
from
a
commercial
establishment
that
does
not
have
a
valid
30
authorization
license
issued
or
renewed
under
this
chapter
or
31
a
similar
authorization
license
issued
or
renewed
by
another
32
state.
33
Sec.
20.
NEW
SECTION
.
162.10
Records.
34
1.
A
commercial
establishment
shall
maintain
all
records
35
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required
in
this
chapter.
The
department
shall
adopt
rules
1
regarding
the
types
of
records
required
to
be
kept
and
the
2
format
for
keeping
such
records.
3
2.
A
commercial
establishment
shall
maintain
inspection
4
reports
conducted
by
the
department
of
agriculture
and
land
5
stewardship
or
the
United
States
department
of
agriculture.
6
A
commercial
breeder
shall
maintain
a
signed
copy
of
an
7
inspection
report
as
required
in
section
162.8.
8
3.
A
commercial
establishment
shall
maintain
all
records
9
necessary
to
assess
a
fee
imposed
for
the
issuance
or
renewal
10
of
a
license
pursuant
to
section
162.2A.
11
Sec.
21.
Section
162.10A,
Code
2014,
is
amended
to
read
as
12
follows:
13
162.10A
Commercial
establishments
——
standard
of
care.
14
1.
a.
A
commercial
establishment
shall
provide
for
a
15
standard
of
care
that
ensures
that
an
animal
in
its
possession
16
or
under
its
control
is
not
lacking
any
of
the
following:
17
(1)
Adequate
feed,
adequate
water,
housing
facilities,
18
sanitary
control,
or
grooming
practices,
if
such
lack
causes
19
adverse
health
or
suffering.
20
(2)
Veterinary
care.
21
b.
A
commercial
establishment,
other
than
a
research
22
facility
or
pet
shop,
shall
provide
for
the
standard
of
care
23
for
dogs
and
cats
in
its
possession
or
under
its
control,
and
a
24
research
facility
or
pet
shop
shall
provide
for
the
standard
25
of
care
for
vertebrate
animals
in
its
possession
or
under
its
26
control.
27
2.
A
commercial
breeder
shall
provide
for
the
general
care
28
of
its
dogs
or
cats
by
providing
all
of
the
following:
29
a.
Access
to
adequate
quantities
and
quality
of
food
30
provided
at
suitable
times
and
according
to
the
dietary
31
requirements
of
the
species
and
age
of
the
animal
in
order
to
32
maintain
a
reasonable
level
of
nutrition.
The
food
must
be
33
served
in
a
clean
receptacle,
dish,
or
container.
34
b.
Access
to
a
regular
supply
of
clean,
fresh,
potable
water
35
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provided
in
a
sanitary
manner
provided
at
suitable
times
and
1
according
to
the
dietary
requirements
of
the
species
and
age
of
2
the
animal.
The
water
shall
not
be
frozen.
3
c.
Protection
from
extremes
in
weather
conditions.
4
3.
A
commercial
breeder
shall
only
keep
dogs
or
cats
in
a
5
primary
enclosure
that
complies
with
all
of
the
following:
6
a.
Includes
a
solid
surface
area
sufficient
to
allow
an
7
animal
with
sufficient
space
to
rest
in
a
recumbent
position.
8
b.
On
or
after
the
effective
date
of
this
Act,
shall
not
be
9
constructed
to
use
wire
strand
flooring.
10
c.
Provides
proper
ventilation.
11
d.
(1)
The
size
of
the
primary
enclosure
shall
not
be
less
12
than
two
times
the
size
for
the
primary
enclosure
for
that
13
species
as
required
pursuant
to
9
C.F.R.
§3.6.
14
(2)
Subparagraph
(1)
takes
effect
January
1,
2015.
15
4.
a.
A
commercial
breeder
with
more
than
ten
breeding
16
dogs
on
hand
shall
only
keep
dogs
in
a
primary
enclosure
that
17
allows
each
dog
to
exercise
twelve
hours
per
day
by
accessing
18
an
outdoor
run.
19
b.
Paragraph
“a”
does
not
apply
to
any
of
the
following:
20
(1)
A
commercial
breeder
issued
or
renewed
a
special
type
21
of
commercial
breeder’s
license
reserved
for
small
breeders,
22
competitive
show
breeders,
or
specialized
breeders
as
provided
23
in
section
162.8.
24
(2)
A
dog
less
than
seven
months
of
age.
25
(3)
A
dog
suffering
from
physical
distress,
to
the
extent
26
that
outdoor
conditions
would
not
improve
the
dog’s
condition.
27
(4)
A
period
when
outdoor
conditions
would
cause
the
dog
28
discomfort
or
injury.
29
5.
A
commercial
breeder
shall
provide
for
the
health
of
its
30
dogs
or
cats
as
follows:
31
a.
Have
all
breeding
dogs
and
breeding
cats
under
its
32
possession
or
control
examined
at
least
once
each
year
by
a
33
licensed
veterinarian.
34
b.
Provide
for
the
prompt
treatment
by
a
licensed
35
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veterinarian
of
any
serious
illness
or
injury
suffered
by
a
dog
1
or
cat.
2
c.
Provide
euthanasia
when
required
by
a
licensed
3
veterinarian.
4
d.
Provide
its
dogs
with
regular
exercise
of
a
type
and
5
amount
sufficient
to
comply
with
an
exercise
plan
that
has
6
been
approved
by
a
licensed
veterinarian,
and
developed
in
7
accordance
with
rules
adopted
by
the
department
of
agriculture.
8
The
exercise
plan
must
afford
a
dog
a
maximum
opportunity
for
9
outdoor
exercise
as
weather
permits.
10
2.
6.
a.
Except
as
provided
in
paragraph
“b”
or
“c”
,
11
a
commercial
establishment
shall
comply
with
rules
that
the
12
department
adopts
to
implement
subsection
1.
A
commercial
13
establishment
shall
be
regulated
under
this
paragraph
“a”
14
unless
the
person
is
a
state
licensee
as
provided
in
paragraph
15
“b”
or
a
permittee
as
provided
in
paragraph
“c”
.
16
b.
A
state
licensee
who
is
a
commercial
breeder
owning,
17
breeding,
transporting,
or
keeping
a
greyhound
dog
for
18
pari-mutuel
wagering
at
a
racetrack
as
provided
in
chapter
99D
19
may
be
required
to
comply
with
different
rules
adopted
by
the
20
department
in
administering
and
enforcing
subsection
1.
In
21
addition,
such
a
commercial
breeder
is
not
required
to
comply
22
with
subsections
2
through
5
.
23
c.
A
permittee
is
not
required
to
comply
with
rules
that
the
24
department
adopts
to
implement
a
standard
of
care
as
provided
25
in
subsection
1
for
state
licensees
and
registrants.
The
26
department
may
adopt
rules
regulating
a
standard
of
care
for
27
a
permittee,
so
long
as
the
rules
are
not
more
restrictive
28
than
required
for
a
permittee
under
the
Animal
Welfare
Act
.
29
However,
the
department
may
adopt
prescriptive
rules
relating
30
to
the
standard
of
care.
Regardless
of
whether
the
department
31
adopts
such
rules,
a
permittee
meets
the
standard
of
care
32
required
in
subsection
1
if
it
voluntarily
complies
with
rules
33
applicable
to
state
licensees
or
registrants.
A
finding
by
34
the
United
States
department
of
agriculture
that
a
permittee
35
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complies
with
the
Animal
Welfare
Act
is
not
conclusive
when
1
determining
that
the
permittee
provides
a
standard
of
care
2
required
in
subsection
1
.
3
7.
A
commercial
establishment
fails
to
provide
for
a
4
standard
of
care
as
provided
in
subsection
1
this
section
if
5
the
commercial
establishment
commits
abuse
as
described
in
6
section
717B.2
,
neglect
as
described
in
section
717B.3
,
or
7
torture
as
provided
in
section
717B.3A
.
8
Sec.
22.
Section
162.10B,
Code
2014,
is
amended
to
read
as
9
follows:
10
162.10B
Commercial
establishments
——
inspecting
state
11
licensees
and
registrants
inspections
.
12
1.
As
a
condition
of
issuing
or
renewing
a
license,
the
13
premises
of
an
applicant
shall
be
open
for
inspection
during
14
normal
business
hours.
15
2.
The
department
shall
conduct
at
least
an
annual
16
inspection
of
a
commercial
establishment.
The
department
may
17
shall
inspect
the
commercial
establishment
of
a
registrant
or
18
state
licensee
by
entering
onto
its
business
premises
at
any
19
time
during
normal
working
business
hours.
The
department
may
20
shall
inspect
records
required
to
be
maintained
by
the
state
21
licensee
or
registrant
commercial
establishment
as
provided
22
in
this
chapter
.
If
the
owner
or
person
in
charge
of
the
23
commercial
establishment
refuses
admittance,
the
department
may
24
obtain
an
administrative
search
warrant
issued
under
section
25
808.14
.
The
department
shall
report
a
potential
violation
of
26
chapter
717B
to
the
local
authority
which
has
jurisdiction
over
27
the
matter.
28
3.
A
person
who
has
been
issued
a
special
type
of
commercial
29
breeder’s
license
reserved
for
small
breeders,
competitive
show
30
breeders,
or
specialized
breeders
as
provided
in
section
162.8
31
is
exempt
from
the
inspection
requirements
of
this
section
for
32
the
period
of
that
license
as
follows:
33
a.
The
person
is
partially
exempt
from
inspection
34
requirements
without
further
action.
The
department
shall
35
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only
inspect
the
person’s
commercial
establishment
at
a
time
1
agreed
to
by
the
person
and
the
department.
However,
this
2
paragraph
does
not
apply
if
the
department
determines
any
of
3
the
following
applies:
4
(1)
The
person
is
obstructing
an
inspection.
5
(2)
One
or
more
dogs
kept
by
the
person
are
in
immediate
6
need
of
care.
7
b.
The
person
is
fully
exempt
from
inspection
requirements,
8
by
submitting
evidence
to
the
department
that
each
dog
kept
by
9
the
person
complies
with
all
of
the
following:
10
(1)
Has
been
examined
by
a
licensed
veterinarian
within
the
11
twelve
months
prior
to
applying
for
the
issuance
or
renewal
of
12
the
special
type
of
commercial
breeder’s
license.
13
(2)
Received
all
vaccinations
as
prescribed
by
the
14
department
based
on
recommendations
of
the
American
veterinary
15
medical
association
or
American
animal
hospital
association.
16
Sec.
23.
Section
162.10D,
subsections
1
and
2,
Code
2014,
17
are
amended
to
read
as
follows:
18
1.
a.
The
department
may
take
disciplinary
action
against
19
a
person
by
suspending
or
revoking
the
person’s
authorization
20
license
for
violating
a
provision
of
this
chapter
or
chapter
21
717B
,
or
against
a
person
who
commits
an
unlawful
practice
22
under
section
714.16
.
23
b.
The
department
may
suspend
or
revoke
the
special
type
24
of
commercial
breeder’s
license
reserved
for
small
breeders,
25
competitive
show
breeders,
or
specialized
breeders
issued
or
26
renewed
under
section
162.8,
subsection
2,
without
suspending
27
or
revoking
the
commercial
breeder’s
license
generally
issued
28
or
renewed
under
section
162.8,
subsection
1.
29
c.
The
department
may
take
disciplinary
action
as
it
applies
30
to
one
or
more
locations
owned
or
operated
by
a
person
without
31
taking
the
same
or
any
disciplinary
action
as
it
applies
to
32
another
location
owned
or
operated
by
such
person.
33
2.
The
department
may
require
an
owner,
operator,
or
34
employee
of
a
commercial
establishment
subject
to
disciplinary
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action
under
subsection
1
to
complete
a
continuing
education
1
program
as
a
condition
for
retaining
an
authorization
2
a
license
.
This
section
does
not
prevent
a
person
from
3
voluntarily
participating
in
a
continuing
education
program.
4
However,
a
voluntary
continuing
education
program
completed
5
prior
to
the
department’s
disciplinary
action
shall
not
be
part
6
of
such
disciplinary
action.
7
Sec.
24.
Section
162.11,
Code
2014,
is
amended
to
read
as
8
follows:
9
162.11
Exceptions.
10
1.
This
chapter
does
not
apply
to
a
federal
licensee
except
11
as
provided
in
the
following:
12
a.
Section
162.1,
subsection
2
,
and
sections
162.2
,
162.2A
,
13
162.2B
,
162.7
,
162.8
,
162.9A
,
162.10A
,
162.10C
,
162.10D
,
14
162.12A
,
and
162.13
.
15
b.
Section
162.1,
subsection
1
,
but
only
to
the
extent
16
required
to
implement
sections
described
in
paragraph
“a”
.
17
c.
Section
162.16
but
only
to
the
extent
required
to
18
implement
sections
described
in
paragraph
“a”
.
19
2.
1.
This
chapter
does
not
apply
to
a
place
or
20
establishment
which
operates
under
the
immediate
supervision
21
of
a
duly
licensed
veterinarian
as
a
hospital
where
animals
22
are
harbored,
hospitalized,
and
cared
for
incidental
to
the
23
treatment,
prevention,
or
alleviation
of
disease
processes
24
during
the
routine
practice
of
the
profession
of
veterinary
25
medicine.
However,
if
animals
are
accepted
by
such
a
place,
26
establishment,
or
hospital
for
boarding
or
grooming
for
a
27
consideration,
the
place,
establishment,
or
hospital
is
subject
28
to
the
licensing
or
registration
requirements
applicable
to
a
29
boarding
kennel
or
commercial
kennel
under
this
chapter
and
the
30
rules
adopted
by
the
secretary.
31
3.
2.
This
chapter
does
not
apply
to
a
noncommercial
kennel
32
at,
in,
or
adjoining
a
private
residence
where
dogs
or
cats
are
33
kept
,
for
the
hobby
of
the
householder,
if
the
dogs
or
cats
34
are
used
for
hunting,
for
practice
training,
for
exhibition
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at
shows
or
field
or
obedience
trials,
or
for
guarding
or
1
protecting
the
householder’s
property.
However,
the
dogs
2
or
cats
must
not
be
kept
for
breeding
if
a
person
receives
3
consideration
for
providing
the
breeding.
4
Sec.
25.
Section
162.12,
Code
2014,
is
amended
by
striking
5
the
section
and
inserting
in
lieu
thereof
the
following:
6
162.12
Departmental
action.
7
1.
The
department
may
take
administrative
action
against
a
8
commercial
establishment
if
the
department
finds
the
housing
9
facilities
or
primary
enclosures
are
inadequate
under
the
10
provisions
of
this
chapter
or
if
the
feeding,
watering,
11
cleaning,
and
housing
practices
are
not
in
compliance
with
this
12
chapter
or
with
the
rules
adopted
pursuant
to
this
chapter.
13
2.
The
premises
of
each
licensee
shall
be
subject
to
14
inspection
as
provided
in
section
162.10B.
15
3.
A
person
may
contest
an
agency
action
taken
by
the
16
department
under
this
chapter,
including
rules
adopted
by
the
17
department
under
this
chapter,
pursuant
to
chapter
17A.
18
Sec.
26.
Section
162.12A,
subsection
1,
paragraph
a,
Code
19
2014,
is
amended
to
read
as
follows:
20
a.
A
commercial
establishment
that
operates
pursuant
to
an
21
authorization
a
license
issued
or
renewed
under
this
chapter
22
is
subject
to
a
civil
penalty
of
not
more
than
five
hundred
23
dollars,
regardless
of
the
number
of
animals
possessed
or
24
controlled
by
the
commercial
establishment,
for
violating
this
25
chapter
.
Except
as
provided
in
paragraph
“b”
,
each
day
that
a
26
violation
continues
shall
be
deemed
a
separate
offense.
27
Sec.
27.
Section
162.12A,
subsection
2,
Code
2014,
is
28
amended
to
read
as
follows:
29
2.
A
commercial
establishment
that
does
not
operate
30
pursuant
to
an
authorization
a
license
issued
or
renewed
under
31
this
chapter
is
subject
to
a
civil
penalty
of
not
more
than
one
32
thousand
dollars,
regardless
of
the
number
of
animals
possessed
33
or
controlled
by
the
commercial
establishment,
for
violating
34
this
chapter
.
Each
day
that
a
violation
continues
shall
be
35
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deemed
a
separate
offense.
1
Sec.
28.
Section
162.13,
Code
2014,
is
amended
to
read
as
2
follows:
3
162.13
Criminal
penalties
——
confiscation.
4
1.
A
person
who
operates
a
commercial
establishment
without
5
an
authorization
a
license
issued
or
renewed
by
the
department
6
as
required
in
section
162.2A
is
guilty
of
a
simple
misdemeanor
7
and
each
day
of
operation
is
a
separate
offense.
8
2.
The
failure
of
a
person
who
owns
or
operates
a
commercial
9
establishment
to
meet
the
standard
of
care
required
in
section
10
162.10A,
subsection
1
,
is
a
simple
misdemeanor.
The
animals
11
are
subject
to
seizure
and
impoundment
and
may
be
sold
or
12
destroyed
as
provided
by
rules
which
shall
be
adopted
by
the
13
department
pursuant
to
chapter
17A
or
by
a
local
authority
14
pursuant
to
chapter
717B
.
The
department’s
rules
shall
provide
15
for
the
destruction
of
an
animal
by
a
humane
method,
including
16
by
euthanasia
as
provided
by
rules
which
shall
be
adopted
by
17
the
department
pursuant
to
chapter
17A
.
18
3.
The
failure
of
a
person
who
owns
or
operates
a
commercial
19
establishment
to
meet
the
requirements
of
this
section
is
20
also
cause
for
the
suspension
or
revocation
of
the
person’s
21
authorization
license
as
provided
in
section
162.10D
.
22
4.
Dogs,
cats,
and
other
vertebrate
animals
upon
which
23
euthanasia
is
permitted
by
law
may
be
destroyed
by
a
person
24
subject
to
this
chapter
or
chapter
169
,
by
a
humane
method,
25
including
euthanasia,
as
provided
by
rules
which
shall
be
26
adopted
by
the
department
pursuant
to
chapter
17A
.
27
5.
It
is
unlawful
for
a
A
dealer
to
shall
not
knowingly
28
ship
a
diseased
animal.
A
dealer
violating
this
subsection
29
is
subject
to
a
fine
not
exceeding
one
hundred
dollars.
Each
30
diseased
animal
shipped
in
violation
of
this
subsection
is
a
31
separate
offense.
32
Sec.
29.
NEW
SECTION
.
162.13A
Criminal
actions.
33
The
attorney
general
or
a
county
attorney
may
bring
criminal
34
action
in
order
to
enforce
the
provisions
of
this
chapter.
35
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Sec.
30.
NEW
SECTION
.
162.13B
Penalties
——
injunctive
1
relief.
2
The
courts
of
this
state
may
prevent
and
restrain
violations
3
of
this
chapter
through
the
issuance
of
an
injunction.
The
4
attorney
general
or
a
county
attorney
shall
institute
suits
on
5
behalf
of
the
state
to
prevent
and
restrain
violations
of
this
6
chapter.
7
Sec.
31.
Section
162.20,
subsection
4,
paragraph
c,
Code
8
2014,
is
amended
to
read
as
follows:
9
c.
A
pound
or
animal
shelter
which
knowingly
fails
to
10
provide
for
the
sterilization
of
a
dog
or
cat
is
subject
to
a
11
civil
penalty
of
up
to
two
hundred
dollars.
The
department
12
may
enforce
and
collect
civil
penalties
according
to
rules
13
which
shall
be
adopted
by
the
department.
Each
violation
shall
14
constitute
a
separate
offense.
Moneys
collected
from
civil
15
penalties
shall
be
deposited
into
the
general
fund
of
the
state
16
and
are
appropriated
on
July
1
of
each
year
in
equal
amounts
17
to
each
track
licensed
to
race
dogs
to
support
the
racing
dog
18
adoption
program
as
provided
in
section
99D.27
.
Upon
the
third
19
offense,
the
department
may
suspend
or
revoke
a
certificate
20
of
registration
license
issued
to
the
pound
or
animal
shelter
21
pursuant
to
this
chapter
.
The
department
may
bring
an
action
22
in
district
court
to
enjoin
a
pound
or
animal
shelter
from
23
transferring
animals
in
violation
of
this
section
.
In
bringing
24
the
action,
the
department
shall
not
be
required
to
allege
25
facts
necessary
to
show,
or
tending
to
show,
a
lack
of
adequate
26
remedy
at
law,
that
irreparable
damage
or
loss
will
result
27
if
the
action
is
brought
at
law,
or
that
unique
or
special
28
circumstances
exist.
29
Sec.
32.
Section
717B.1,
Code
2014,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
3A.
“Commercial
establishment”
means
the
32
same
as
defined
in
section
162.2.
33
Sec.
33.
Section
717B.4,
subsection
3,
paragraph
a,
Code
34
2014,
is
amended
to
read
as
follows:
35
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2361
a.
The
court
may
order
the
responsible
party
to
pay
an
1
amount
which
shall
not
be
more
than
the
dispositional
expenses
2
incurred
by
the
local
authority.
The
court
may
also
award
3
the
local
authority
court
costs,
reasonable
attorney
fees
and
4
expenses
related
to
the
investigation
and
prosecution
of
the
5
case,
which
shall
be
taxed
as
part
of
the
costs
of
the
action.
6
The
amount
shall
be
paid
to
the
animal
rescue
remediation
fund
7
created
in
section
717B.13
to
the
extent
that
moneys
from
the
8
fund
were
expended
to
pay
for
dispositional
expenses.
9
Sec.
34.
Section
717B.5,
Code
2014,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
3A.
The
local
authority
may
apply
to
the
12
department
for
reimbursement
of
expenses
incurred
by
the
local
13
authority
in
providing
for
the
maintenance
of
the
animal.
14
Sec.
35.
NEW
SECTION
.
717B.13
Animal
rescue
remediation
15
fund.
16
1.
An
animal
rescue
remediation
fund
is
created
as
a
17
separate
fund
in
the
state
treasury
under
the
control
of
the
18
department
of
agriculture
and
land
stewardship.
The
general
19
fund
of
the
state
is
not
liable
for
claims
presented
against
20
the
fund.
21
2.
The
fund
consists
of
moneys
appropriated
to
the
fund,
22
moneys
transferred
from
the
commercial
establishment
fund
as
23
provided
in
section
162.2C,
sums
collected
on
behalf
of
the
24
fund
through
legal
action
or
settlement,
or
moneys
contributed
25
to
the
fund
from
other
sources.
26
3.
The
moneys
in
the
fund
are
appropriated
to
the
department
27
to
reimburse
a
local
authority
for
expenses
incurred
for
the
28
rescuing
of
an
animal
from
a
commercial
establishment
as
29
provided
in
section
717B.5,
for
the
maintenance
of
an
animal
30
as
provided
in
section
717B.5,
and
for
the
disposition
of
an
31
animal
as
provided
in
section
717B.4.
32
4.
The
department
shall
utilize
moneys
from
the
fund
only
to
33
the
extent
that
the
department
determines
that
expenses
cannot
34
be
timely
paid
by
utilizing
the
available
provisions
of
section
35
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717B.4.
1
5.
The
department
shall
provide
payment
to
a
local
authority
2
upon
a
claim
submitted
by
the
local
authority
to
the
department
3
according
to
procedures
required
by
the
department.
Upon
4
a
determination
that
the
claim
is
eligible
for
payment,
5
the
department
shall
reimburse
the
local
authority
for
that
6
amount.
However,
if
the
department
determines
that
only
7
a
portion
of
the
claim
is
eligible,
the
department
shall
8
only
pay
the
eligible
portion.
If
the
department
determines
9
that
insufficient
moneys
are
available
to
make
payment
of
10
all
claims,
the
department
may
defer
paying
all
or
part
of
11
specified
claims.
The
department
shall
hold
deferred
claims
12
for
payment
when
the
department
determines
that
the
fund
again
13
contains
sufficient
moneys.
14
6.
Moneys
in
the
fund
shall
not
be
subject
to
appropriation
15
or
expenditure
for
any
other
purpose
than
provided
in
this
16
section
and
section
162.2C.
17
7.
Notwithstanding
section
12C.7,
interest
earned
on
18
amounts
deposited
in
the
fund
shall
be
credited
to
the
fund.
19
Notwithstanding
section
8.33,
any
unexpended
or
unencumbered
20
moneys
remaining
in
the
fund
at
the
end
of
the
fiscal
year
21
shall
not
revert
to
the
general
fund
of
the
state,
but
the
22
moneys
shall
remain
available
for
expenditure
by
the
authority
23
in
succeeding
fiscal
years.
24
Sec.
36.
CERTIFICATE
OF
REGISTRATION.
A
certificate
of
25
registration
issued
by
the
department
under
section
162.2A
26
prior
to
the
effective
date
of
this
Act
shall
remain
valid
27
until
it
expires
according
to
its
terms
when
issued.
28
Sec.
37.
REPEAL.
Section
162.10C,
Code
2014,
is
repealed.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
CURRENT
LAW
——
GENERAL.
Code
chapter
162
provides
for
the
33
regulation
of
commercial
establishments
that
possess
or
control
34
animals,
other
than
animals
used
for
an
agricultural
purpose
35
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(Code
section
162.1),
by
the
department
of
agriculture
and
land
1
stewardship
(DALS).
This
includes
animal
shelters,
pounds,
or
2
research
facilities
which
are
required
to
obtain
a
certificate
3
of
registration;
a
boarding
kennel,
commercial
kennel,
or
pet
4
shop
required
to
obtain
a
state
license;
and
a
commercial
5
breeder,
dealer,
or
public
auction
required
to
obtain
either
6
a
state
license
or
a
permit
if
licensed
by
the
United
States
7
department
of
agriculture
(USDA).
A
permit,
state
license,
or
8
certificate
of
registration
is
referred
to
as
an
authorization
9
(Code
section
162.2A).
10
CURRENT
LAW
——
FINANCES.
A
commercial
establishment
must
11
pay
a
fee
for
obtaining
or
renewing
an
authorization.
The
fee
12
for
the
issuance
or
renewal
of
a
certificate
of
registration
is
13
$75
and
the
fee
for
the
issuance
or
renewal
of
a
state
license
14
or
permit
is
$175,
except
for
a
commercial
breeder
who
keeps
15
greyhounds
for
racing
who
is
subject
to
a
separate
fee
(Code
16
section
162.2B).
The
fees
are
deposited
into
a
commercial
17
establishment
fund
dedicated
for
use
by
DALS
in
administering
18
the
Code
chapter
(Code
section
162.2C).
19
CURRENT
LAW
——
INSPECTIONS
AND
RECORDS.
Generally,
20
different
requirements
apply
to
permittees,
including
21
inspection
requirements.
DALS
may
inspect
the
commercial
22
establishment
of
a
registrant
or
state
licensee
by
entering
23
onto
its
business
premises
at
any
time
during
normal
working
24
hours
(Code
section
162.10B).
Alternatively,
the
department
25
monitors
a
permittee
to
determine
whether
the
permittee
is
26
complying
with
required
standard
of
care
requirements
(Code
27
section
162.10C).
A
registrant
or
state
licensee
must
maintain
28
records.
29
CURRENT
LAW
——
STANDARD
OF
CARE.
A
commercial
establishment
30
must
operate
by
providing
a
standard
of
care
to
its
animals.
31
The
commercial
establishment
must
ensure
that
an
animal
in
its
32
possession
or
under
its
control
is
not
lacking
adequate
feed,
33
adequate
water,
housing
facilities,
sanitary
control,
grooming
34
practices
affecting
the
health
of
the
animal,
and
veterinary
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care
(Code
section
162.10A).
A
registrant
or
state
licensee
1
must
comply
with
DALS’
rules,
with
one
exception.
DALS
may
2
adopt
different
rules
that
apply
to
state
licensees
who
keep
3
greyhounds
for
racing.
4
CURRENT
LAW
——
DISCIPLINARY
ACTIONS.
DALS
may
take
5
disciplinary
action
against
a
commercial
establishment
6
by
suspending
or
revoking
the
commercial
establishment’s
7
authorization.
DALS
may
require
that
an
owner,
operator,
or
8
employee
of
a
commercial
establishment
complete
a
continuing
9
education
program
(Code
section
162.10D).
10
CURRENT
LAW
——
CRIMINAL
PENALTIES
AND
SEIZURE.
A
person
who
11
operates
a
commercial
establishment
without
an
authorization
12
or
who
fails
to
meet
a
standard
of
care
is
guilty
of
a
simple
13
misdemeanor.
The
department
may
provide
for
the
animals’
14
seizure
and
impoundment
and
they
may
be
sold
or
destroyed
15
(Code
section
162.13).
A
simple
misdemeanor
is
punishable
by
16
confinement
for
no
more
than
30
days
or
a
fine
of
at
least
$65
17
but
not
more
than
$625,
or
by
both.
18
BILL’S
PROVISIONS
——
LICENSING.
The
bill
requires
all
19
commercial
establishments
to
obtain
a
license.
It
replaces
20
the
term
“state
license”
with
“license”.
It
provides
that
a
21
commercial
kennel
does
not
include
a
kennel
in
which
a
dog
or
22
cat
remains
in
the
custody
of
the
owner
or
the
dog
or
cat.
The
23
bill
creates
a
special
type
of
commercial
breeder’s
license
24
reserved
for
a
small
breeder,
competitive
show
breeder,
or
25
specialized
breeder.
26
BILL’S
PROVISIONS
——
FEES.
The
bill
replaces
the
current
27
fee
assessed
on
commercial
establishments
with
a
system
28
consisting
of
a
base
amount
which
depends
on
the
type
of
29
commercial
establishment
obtaining
a
license.
A
single
30
base
amount
is
imposed
on
an
animal
shelter,
pound,
research
31
facility,
commercial
breeder
holding
a
special
type
of
license,
32
boarding
kennel,
commercial
kennel,
public
auction,
and
dealer,
33
regardless
of
locations
owned
or
operated
by
the
commercial
34
establishment.
A
base
amount
is
imposed
on
each
location
owned
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or
operated
by
any
other
commercial
breeder
or
a
pet
shop.
A
1
scheduled
amount
applies
to
a
commercial
breeder,
other
than
a
2
commercial
breeder
who
holds
a
special
type
of
license
reserved
3
for
a
small
breeder,
competitive
show
breeder,
or
specialized
4
breeder.
A
separate
scheduled
amount
applies
to
a
pet
shop.
5
The
scheduled
amount
is
computed
according
to
a
formula
which
6
increases
the
amount
due
based
on
the
number
of
dogs
or
cats
7
kept
on
hand
by
the
commercial
establishment.
In
the
case
of
8
a
commercial
breeder,
the
fee
is
based
on
the
total
number
of
9
dogs
or
cats
used
for
breeding.
In
the
case
of
a
pet
shop,
the
10
fee
is
based
on
the
number
of
dogs
or
cats
kept.
11
BILL’S
PROVISIONS
——
FUNDS.
The
moneys
from
fees
are
still
12
deposited
into
the
commercial
establishment
fund.
However,
up
13
to
$20,000
a
year
is
to
be
transferred
to
a
new
animal
rescue
14
remediation
fund
also
under
the
control
of
DALS.
The
purpose
15
of
this
fund
is
to
reimburse
a
city
or
county,
referred
to
as
16
a
local
authority
(Code
section
717B.1),
when
rescuing
and
17
maintaining
a
threatened
animal
(Code
section
717B.5)
from
a
18
commercial
establishment
or
disposing
of
such
animal
pursuant
19
to
court
order
(Code
section
717B.4).
DALS
may
suspend
the
20
transfer
or
resume
a
transfer
based
on
the
balance
in
the
21
animal
rescue
remediation
fund.
22
BILL’S
PROVISIONS
——
INSPECTIONS
AND
RECORDS.
The
bill
23
provides
for
inspections
of
commercial
establishments.
One
24
exception
applies
to
a
commercial
breeder
holding
the
special
25
type
of
license
reserved
for
a
small
breeder,
competitive
show
26
breeder,
or
specialized
breeder.
The
bill
also
provides
that
27
any
commercial
breeder
offering
to
sell
a
dog
to
a
person
must
28
provide
the
person
with
a
copy
of
the
last
inspection
report
29
completed
by
DALS
or
USDA.
The
bill
requires
a
commercial
30
establishment
to
maintain
all
records
required
for
the
31
administration
and
enforcement
of
the
Code
chapter.
32
BILL’S
PROVISIONS
——
STANDARD
OF
CARE
FOR
ANIMALS
KEPT
BY
33
COMMERCIAL
BREEDERS.
The
bill
provides
a
general
standard
of
34
care
for
a
commercial
breeder,
including
access
to
food
and
a
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regular
supply
of
clean
water,
and
protection
from
extremes
in
1
weather
conditions.
It
regulates
the
health
of
a
dog
or
cat
2
kept
by
a
commercial
breeder,
including
by
requiring
minimum
3
cage
size
and
construction
specifications.
The
commercial
4
breeder
with
more
than
10
breeding
dogs
at
hand
must
also
5
provide
a
dog
with
access
to
an
outdoor
run.
An
exception
6
applies
to
a
commercial
breeder
issued
a
special
type
of
7
license,
dog
of
a
certain
age
or
suffering
from
physical
8
distress,
or
during
severe
weather
conditions.
The
bill
also
9
requires
certain
health
requirements,
including
veterinary
10
care.
An
exception
applies
to
a
commercial
breeder
keeping
11
greyhounds
used
for
pari-mutuel
racing.
12
BILL’S
PROVISIONS
——
DISCIPLINARY
ACTION.
The
bill
provides
13
that
any
continuing
education
program
voluntarily
undertaken
14
by
a
person
operating
a
commercial
establishment
prior
to
a
15
disciplinary
action
is
not
considered
part
of
such
action.
16
CRIMINAL
AND
CIVIL
ACTIONS.
The
bill
provides
that
the
17
attorney
general
or
a
county
attorney
may
bring
a
criminal
18
action
in
order
to
enforce
the
provisions
of
the
Code
19
chapter.
It
also
provides
that
courts
may
prevent
and
20
restrain
violations
of
the
Code
chapter
through
the
issuance
of
21
injunctions.
The
attorney
general
or
a
county
attorney
shall
22
institute
suits
on
behalf
of
the
state
to
prevent
and
restrain
23
such
violations.
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