Bill Text: IA SF347 | 2015-2016 | 86th General Assembly | Introduced

---

Bill Title: A bill for an act relating to the regulation of commercial establishments keeping nonagricultural animals, providing for fees and appropriations, and making penalties applicable. (Formerly SF 168; see SF 502.)

Sponsorship: Committee Bill

Status: (Introduced - Dead) 2015-03-31 - Fiscal note. SCS. [SF347 Detail]

Download: Iowa-2015-SF347-Introduced.html

---

Senate File 347 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON COMMERCE

                                 (SUCCESSOR TO SF 168)

                                      A BILL FOR

  1 An Act relating to the regulation of commercial establishments
  2    keeping nonagricultural animals, providing for fees and
  3    appropriations, and making penalties applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1192SV (2) 86
    da/nh

PAG LIN



  1  1                           DIVISION I
  1  2              REGULATION, FEES, AND APPROPRIATIONS
  1  3    Section 1.  Section 162.2, subsections 6, 14, 15, 17, 23, and
  1  4 26, Code 2015, are amended by striking the subsections.
  1  5    Sec. 2.  Section 162.2, subsections 3, 9, and 10, Code 2015,
  1  6 are amended to read as follows:
  1  7    3.  "Animal shelter" means a facility which is housing
  1  8 facilities used to receive, house, or contain dogs or cats,
  1  9 or both, or transfer vertebrate animals and which is owned,
  1 10 operated, or maintained by an incorporated humane society,
  1 11 animal welfare society, society for the prevention of cruelty
  1 12 to animals, or other nonprofit organization devoted to the
  1 13 welfare, protection, and humane treatment of such animals.
  1 14    9.  "Commercial establishment" or "establishment" means an
  1 15 animal rescue, animal sanctuary, animal shelter, boarding
  1 16 kennel, commercial breeder, commercial kennel, dealer,
  1 17 grooming facility, pet shop, pound, public auction, or research
  1 18 facility.
  1 19    10.  a.  "Commercial kennel" means a kennel which performs
  1 20 grooming, an establishment where boarding, or training services
  1 21 are provided for dogs or cats in return for a consideration.
  1 22 The establishment may also provide grooming services as an
  1 23 incidental part of its operation.
  1 24    b.  "Commercial kennel" does not include an establishment in
  1 25 which a dog or cat remains in the custody of the owner of the
  1 26 dog or cat.
  1 27    Sec. 3.  Section 162.2, Code 2015, is amended by adding the
  1 28 following new subsections:
  1 29    NEW SUBSECTION.  2A.  "Animal rescue" means a person who
  1 30 during a state fiscal year receives more than six adult dogs
  1 31 or cats, or more than three litters of dogs or cats, and who
  1 32 retains custody of the dogs or cats on a temporary basis until
  1 33 doing any of the following:
  1 34    a.  Transferring the dogs or cats to an animal shelter,
  1 35 pound, or another animal rescue.
  2  1    b.  Relinquishing custody of the dogs or cats by adoption to
  2  2 members of the public.
  2  3    NEW SUBSECTION.  2B.  "Animal sanctuary" means a person who
  2  4 during a state fiscal year owns or leases and controls housing
  2  5 facilities where at least six adult dogs or cats have been
  2  6 received from one or more persons, if all of the following
  2  7 apply:
  2  8    a.  When received, each dog or cat was any of the following:
  2  9    (1)  Abandoned, orphaned, or unwanted, or transferred by a
  2 10 pound or animal shelter.
  2 11    (2)  In an impaired condition due to disease, injury, or
  2 12 birth defect, or a threatened animal as defined in section
  2 13 717B.1.
  2 14    b.  Each dog or cat is maintained by the person on a
  2 15 permanent basis, until the death of the dog or cat, or the
  2 16 person transfers the dog or cat to any of the following:
  2 17    (1)  An animal rescue.
  2 18    (2)  Another animal sanctuary.
  2 19    (3)  An animal shelter.
  2 20    (4)  A pound.
  2 21    NEW SUBSECTION.  15A.  "Foster care home" means a private
  2 22 residence that provides an animal with temporary maintenance,
  2 23 including shelter and care, if the animal has been accepted by
  2 24 a person licensed as an animal rescue, animal shelter, or pound
  2 25 and that person is authorized by the department to oversee the
  2 26 operations of the private residence.
  2 27    NEW SUBSECTION.  15B.  "Grooming facility" means an
  2 28 establishment including a salon that, as the principal part
  2 29 of its operation, provides grooming services in return for
  2 30 consideration.
  2 31    NEW SUBSECTION.  15C.  "Grooming services" means providing
  2 32 a dog or cat with hygienic care or treatment to improve
  2 33 appearance, which may include but is not limited to bathing;
  2 34 the removal of dead hair or skin; hair clipping, shaving, or
  2 35 brushing; nail trimming; or providing flea or tick control.
  3  1    NEW SUBSECTION.  16A.  "License" means an authorization to
  3  2 operate a commercial establishment as provided in this chapter
  3  3 regardless of whether the authorization is also referred to as
  3  4 a permit or certificate of registration.
  3  5    NEW SUBSECTION.  16B.  "Licensee" means a commercial
  3  6 establishment that operates pursuant to a license issued and
  3  7 renewed by the department pursuant to section 162.2A.
  3  8    NEW SUBSECTION.  16C.  "Local authority" means the same as
  3  9 defined in section 717B.1.
  3 10    NEW SUBSECTION.  20A.  "Practice of veterinary medicine"
  3 11 means the same as defined in section 169.3.
  3 12    NEW SUBSECTION.  28.  "Veterinary facility" means an
  3 13 establishment where one or more licensed veterinarians
  3 14 are engaged in the practice of veterinary medicine. The
  3 15 establishment may also provide grooming services as an
  3 16 incidental part of its operation.
  3 17    Sec. 4.  Section 162.2A, subsections 1, 2, 4, and 5, Code
  3 18 2015, are amended to read as follows:
  3 19    1.  The department shall provide for the operation of
  3 20  issuance or renewal of a license to operate a commercial
  3 21 establishment by issuing or renewing an authorization,
  3 22 including any of the following:. A person who owns a
  3 23 commercial establishment shall be deemed to operate that
  3 24 commercial establishment.
  3 25    a.  A certificate of registration for a pound, animal
  3 26 shelter, or research facility.
  3 27    b.  A state license for a boarding kennel, commercial kennel,
  3 28 or pet shop.
  3 29    c.  A state license or permit for a commercial breeder,
  3 30 dealer, or public auction. A federal licensee must apply for
  3 31 and be issued either a permit or a state license in lieu of a
  3 32 permit.
  3 33    2.a.  A person must hold a current, valid license in order
  3 34 to operate a commercial establishment.
  3 35    b.  A person must be issued a separate state hold a single
  4  1  license, certificate of registration, or permit for each class
  4  2 of commercial establishment owned or operated by the person,
  4  3 regardless of how many locations for that class are operated
  4  4 by the person.  Each of the following is a separate class of
  4  5 commercial establishment:
  4  6    (1)  An animal rescue.
  4  7    (2)  An animal sanctuary.
  4  8    (3)  An animal shelter.
  4  9    (4)  A boarding kennel.
  4 10    (5)  A commercial breeder.
  4 11    (6)  A commercial kennel.
  4 12    (7)  A grooming facility.
  4 13    (8)  A dealer.
  4 14    (9)  A pet shop.
  4 15    (10)  A pound.
  4 16    (11)  A public auction.
  4 17    (12)  A research facility.
  4 18    4.  The authorization A license expires on an annual basis
  4 19 as provided by the department, and must be renewed by the
  4 20 commercial establishment on an annual basis on or before the
  4 21 authorization's license's expiration date.
  4 22    5.a.  A commercial establishment applying for the issuance
  4 23 or renewal of a permit shall provide the department with proof
  4 24 that the person is a federal licensee.
  4 25    b.  The department shall not require that it must enter onto
  4 26 the premises of a commercial establishment in order to issue a
  4 27 permit. The department shall not require that it must enter
  4 28 onto the premises of a commercial establishment in order to
  4 29 renew a permit, unless it has reasonable cause to monitor the
  4 30 commercial establishment as provided in section 162.10C.  The
  4 31 department may deny an application for the issuance or renewal
  4 32 of a license if the department determines that the applicant is
  4 33 in violation of this chapter or has not demonstrated that the
  4 34 applicant will comply with the provisions of this chapter.
  4 35    Sec. 5.  Section 162.2B, Code 2015, is amended by striking
  5  1 the section and inserting in lieu thereof the following:
  5  2    162.2B  Fees.
  5  3    1.  The department shall establish, assess, and collect
  5  4 fees for issuing or renewing a license as provided in section
  5  5 162.2A.  The fee assessed under this section shall include a
  5  6 base amount plus any applicable scheduled amount.
  5  7    2.  For a commercial establishment that is an animal rescue,
  5  8 animal sanctuary, animal shelter, pound, or research facility,
  5  9 all of the following shall apply:
  5 10    a.  The base amount equals seventy=five dollars. A single
  5 11 base amount shall be assessed for all locations operated by the
  5 12 commercial establishment.
  5 13    b.  A scheduled amount shall not be assessed.
  5 14    3.  For a commercial establishment that is a dealer or
  5 15 grooming facility, all of the following shall apply:
  5 16    a.  The base amount equals one hundred dollars. A single
  5 17 base amount shall be assessed for all locations operated by the
  5 18 commercial establishment.
  5 19    b.  A scheduled amount shall not be assessed.
  5 20    4.  For a commercial establishment that is a boarding kennel,
  5 21 commercial kennel, or public auction, all of the following
  5 22 shall apply:
  5 23    a.  The base amount equals one hundred seventy=five dollars.
  5 24 A single base amount shall be assessed for all locations
  5 25 operated by the commercial establishment.
  5 26    b.  A scheduled amount shall not be assessed.
  5 27    5.  For a commercial establishment that is a pet shop, all
  5 28 of the following shall apply:
  5 29    a.  The base amount equals one hundred seventy=five dollars.
  5 30 A base amount shall be assessed for each location operated by
  5 31 the pet shop.
  5 32    b.  (1)  The scheduled amount shall be determined based on
  5 33 the number of dogs and cats kept by the pet shop as follows:
  5 34    (a)  For at least one dog or cat but not more than twenty
  5 35 dogs and cats, one hundred dollars.
  6  1    (b)  For more than twenty dogs and cats but not more than
  6  2 forty dogs and cats, two hundred fifty dollars.
  6  3    (c)  For more than forty dogs and cats, five hundred dollars.
  6  4    (2)  For purposes of determining the scheduled amount under
  6  5 this paragraph "b", a dog or cat must be recorded as on hand for
  6  6 sale to the general public during the most recent inspection
  6  7 of the pet shop by the department. The scheduled amount shall
  6  8 be assessed for the total number of dogs or cats kept at all
  6  9 locations operated by the pet shop.
  6 10    6.  For a commercial breeder whose license is not reserved
  6 11 as a special type of license as provided in subsection 7, all
  6 12 of the following shall apply:
  6 13    a.  The base amount equals one hundred seventy=five dollars.
  6 14 A base amount shall be assessed for each location operated by
  6 15 the commercial breeder.
  6 16    b.  (1)  The scheduled amount shall be determined based on
  6 17 the number of dogs and cats kept by the commercial breeder as
  6 18 follows:
  6 19    (a)  For not more than fifty dogs and cats, seventy=five
  6 20 dollars.
  6 21    (b)  For more than fifty dogs and cats but not more than
  6 22 seventy=five dogs and cats, two hundred fifty dollars.
  6 23    (c)  For more than seventy=five dogs and cats but not more
  6 24 than one hundred dogs and cats, eight hundred dollars.
  6 25    (d)  For more than one hundred dogs and cats but not more
  6 26 than two hundred fifty dogs and cats, two thousand five hundred
  6 27 dollars.
  6 28    (e)  For more than two hundred fifty dogs and cats but not
  6 29 more than four hundred dogs and cats, five thousand dollars.
  6 30    (f)  For more than four hundred dogs and cats, seven thousand
  6 31 five hundred dollars.
  6 32    (2)  For purposes of determining the scheduled amount under
  6 33 this paragraph "b", a dog or cat must be recorded as an adult
  6 34 on hand for breeding during the most recent inspection of the
  6 35 commercial breeder by the department of agriculture and land
  7  1 stewardship or the United States department of agriculture.
  7  2 The scheduled amount shall be assessed for the total number of
  7  3 dogs or cats kept at all locations operated by the commercial
  7  4 breeder.
  7  5    c.  Notwithstanding paragraph "a" or "b", a greyhound dog
  7  6 owned, kept, bred, or transported by a commercial breeder for
  7  7 pari=mutuel wagering at a racetrack as provided in chapter 99D
  7  8 is not subject to a base fee or scheduled fee and is not used
  7  9 in determining the scheduled amount.  Rather, the commercial
  7 10 breeder shall pay a different fee for the issuance or renewal
  7 11 of a license as provided in rules adopted by the department.
  7 12    7.  For a commercial breeder whose license is a special
  7 13 type of license reserved for small breeders, competitive show
  7 14 breeders, or specialized breeders, all of the following shall
  7 15 apply:
  7 16    a.  The base amount equals one hundred dollars. A single
  7 17 base amount shall be assessed for all locations operated by the
  7 18 commercial breeder.
  7 19    b.  A scheduled amount shall not be assessed.
  7 20    8.  The moneys collected by the department under this section
  7 21 shall be credited to the commercial establishment fund created
  7 22 in section 162.2C.
  7 23    9.  The fees provided in this section shall be considered
  7 24 repayment receipts as defined in section 8.2. The general
  7 25 assembly shall appropriate moneys to the department each state
  7 26 fiscal year necessary for the administration and enforcement of
  7 27 this chapter.
  7 28    Sec. 6.  Section 162.2C, subsection 3, Code 2015, is amended
  7 29 to read as follows:
  7 30    3.  Moneys in the fund are appropriated to the department and
  7 31  without further special authorization by the general assembly.
  7 32 The moneys shall be used exclusively by the department to carry
  7 33 out do all of the following:
  7 34    a.  Administer and enforce the provisions of this chapter
  7 35 as determined and directed by the department, and shall not
  8  1 require further special authorization by the general assembly.
  8  2    b.  Fully fund the animal rescue remediation fund as provided
  8  3 in section 717B.13.  For each state fiscal year, the department
  8  4 shall transfer at least twenty thousand dollars from moneys
  8  5 in the commercial establishment fund to the animal rescue
  8  6 remediation fund created in section 717B.13.  However, if
  8  7 on March 1 the unobligated and unencumbered balance in the
  8  8 animal rescue remediation fund equals more than sixty thousand
  8  9 dollars, the department shall suspend the transfer for the
  8 10 subsequent state fiscal year.  If on March 1 of a state fiscal
  8 11 year for which the transfer is suspended, the unobligated and
  8 12 unencumbered balance in the animal rescue remediation fund is
  8 13 less than forty thousand dollars, the department shall resume
  8 14 the transfer for the subsequent state fiscal year.
  8 15    Sec. 7.  NEW SECTION.  162.3A  Operation of an animal rescue
  8 16 == license.
  8 17    1.  An animal rescue shall only operate pursuant to a license
  8 18 issued or renewed by the department as provided in section
  8 19 162.2A.  The animal rescue shall maintain records as required
  8 20 by section 162.10 in order for the department to ensure the
  8 21 animal rescue's compliance with the provisions of this chapter.
  8 22    2.  An animal rescue shall not maintain a dog or cat received
  8 23 by the animal rescue in housing facilities owned or controlled
  8 24 by the animal rescue.  However, the animal rescue may arrange
  8 25 to utilize an animal shelter, pound, or foster care home in
  8 26 order to maintain the dog or cat.
  8 27    Sec. 8.  NEW SECTION.  162.3B  Operation of an animal
  8 28 sanctuary == license.
  8 29    1.  An animal sanctuary shall only operate pursuant to a
  8 30 license issued or renewed by the department as provided in
  8 31 section 162.2A.  The animal sanctuary shall maintain records
  8 32 as required by section 162.10 in order for the department to
  8 33 ensure the animal sanctuary's compliance with the provisions of
  8 34 this chapter.
  8 35    2.  An animal sanctuary shall not buy, sell, trade,
  9  1 auction, lease, loan, or breed any dog or cat that is owned or
  9  2 controlled by the animal sanctuary.
  9  3    3.  An animal sanctuary shall maintain a dog or cat received
  9  4 by the animal sanctuary in its care until the dog or cat dies
  9  5 by natural causes, is euthanized, or is transferred to another
  9  6 animal sanctuary, an animal rescue, an animal shelter, or a
  9  7 pound.
  9  8    Sec. 9.  NEW SECTION.  162.6A  Grooming facility == license.
  9  9    1.  A grooming facility shall only operate pursuant to a
  9 10 license issued or renewed by the department as provided in
  9 11 section 162.2A.  The grooming facility shall maintain records
  9 12 as required by section 162.10 in order for the department to
  9 13 ensure the grooming facility's compliance with the provisions
  9 14 of this chapter.
  9 15    2.  A grooming facility shall not be in the business of
  9 16 buying and selling animals.
  9 17    Sec. 10.  Section 162.8, Code 2015, is amended to read as
  9 18 follows:
  9 19    162.8  Operation of a commercial breeder == state license or
  9 20 permit.
  9 21    1.  A commercial breeder shall only operate pursuant to a
  9 22 state license, or a permit, issued or renewed by the department
  9 23 as provided in section 162.2A.  A commercial breeder who is
  9 24 a state licensee shall maintain records as required by the
  9 25 department in section 162.10 in order for the department to
  9 26 ensure the commercial breeder's compliance with the provisions
  9 27 of this chapter. A commercial breeder who is a permittee may
  9 28 but is not required to maintain records.
  9 29    2.  A commercial breeder shall not purchase a dog or cat
  9 30 from a commercial establishment that does not have a valid
  9 31 authorization license issued or renewed under this chapter or a
  9 32 similar authorization issued or renewed by another state.
  9 33    3.  a.  A commercial breeder shall not operate an animal
  9 34 shelter or maintain a controlling interest in an animal
  9 35 shelter.
 10  1    b.  Paragraph "a" shall not apply to a commercial breeder who
 10  2 holds a reserved license under section 162.8A.
 10  3    Sec. 11.  NEW SECTION.  162.8A  Small breeder, competitive
 10  4 show breeder, and specialized breeder == special type of
 10  5 commercial breeder's reserved license.
 10  6    1.  The department shall provide for the issuance and renewal
 10  7 of a special type of reserved commercial breeder's license
 10  8 under section 162.8.
 10  9    2.  To be eligible for a reserved license issued or renewed
 10 10 under this section, a person must qualify as a small breeder,
 10 11 competitive show breeder, or specialized breeder.
 10 12    3.  Notwithstanding subsection 2, a person shall not be
 10 13 eligible for the issuance, maintenance, or renewal of a
 10 14 reserved license if the person does any of the following:
 10 15    a.  Holds a public auction license pursuant to section
 10 16 162.9A.
 10 17    b.  Owns, keeps, breeds, or transports a greyhound dog for
 10 18 pari=mutuel wagering at a racetrack as provided in chapter 99D.
 10 19    c.  In the prior twelve=month period, owned or kept dogs that
 10 20 produced a total of more than three litters or thirty puppies,
 10 21 whichever number is greater.
 10 22    Sec. 12.  NEW SECTION.  162.10  Records.
 10 23    1.  A commercial establishment shall maintain all records
 10 24 required in this chapter.  The department shall adopt rules
 10 25 regarding the types of records required to be kept and the
 10 26 format for keeping such records.
 10 27    2.  A commercial establishment shall maintain all records
 10 28 necessary for the department to assess a fee imposed for the
 10 29 issuance or renewal of a license pursuant to section 162.2A.
 10 30    3.  A commercial establishment shall maintain inspection
 10 31 reports as required in section 162.10B.
 10 32    Sec. 13.  Section 162.10B, Code 2015, is amended to read as
 10 33 follows:
 10 34    162.10B  Commercial establishments == inspecting state
 10 35 licensees and registrants Inspections == ordinary requirements.
 11  1    1.  As a condition of issuing or renewing a license, the
 11  2 premises of an applicant shall be open for inspection during
 11  3 normal business hours.
 11  4    2.  The department shall conduct at least an annual
 11  5 inspection of a commercial establishment.  The department may
 11  6  shall inspect the commercial establishment of a registrant or
 11  7 state licensee by entering onto its business premises at any
 11  8 time during normal working business hours. The department may
 11  9  shall inspect records required to be maintained by the state
 11 10 licensee or registrant commercial establishment as provided
 11 11 in this chapter section 162.10. If the owner or person in
 11 12 charge of the commercial establishment refuses admittance, the
 11 13 department may obtain an administrative search warrant issued
 11 14 under section 808.14.  The department shall report a potential
 11 15 violation of chapter 717B to the local authority which has
 11 16 jurisdiction over the matter.
 11 17    3.  a.  A commercial breeder offering to sell a dog to
 11 18 a person shall provide that person with the most recent
 11 19 inspection report completed by all of the following:
 11 20    (1)  The department of agriculture and land stewardship. The
 11 21 report shall include the recorded number of adult dogs on hand.
 11 22    (2)  The United States department of agriculture, if the
 11 23 commercial breeder is licensed under the Animal Welfare Act.
 11 24    b.  The inspection report must be signed by the dog's
 11 25 purchaser prior to finalizing the sale. 
 11 26    c.  A copy of each applicable signed inspection report shall
 11 27 be maintained for twelve months by the commercial breeder as
 11 28 part of the commercial breeder's records as provided in section
 11 29 162.10 and a copy of the signed inspection report completed by
 11 30 the department of agriculture and land stewardship shall be
 11 31 filed with the department.
 11 32    Sec. 14.  Section 162.10C, Code 2015, is amended by striking
 11 33 the section and inserting in lieu thereof the following:
 11 34    162.10C  Inspections == restricted requirements.
 11 35    1.  Notwithstanding section 162.10B, subsections 1 and 2,
 12  1 a person who holds a grooming facility license as provided
 12  2 in section 162.6A is subject to restricted inspection
 12  3 requirements.  The department shall conduct the annual
 12  4 inspection of a licensed grooming facility at a scheduled time
 12  5 agreed to by the person and the department. However, the
 12  6 department is not required to schedule an inspection if any of
 12  7 the following applies:
 12  8    a.  The person is obstructing the scheduled inspection.
 12  9    b.  One or more dogs or cats kept by the person are in
 12 10 immediate need of care.
 12 11    2.  Notwithstanding section 162.10B, a person who holds
 12 12 a special type of reserved commercial breeder's license as
 12 13 provided in section 162.8A is subject to restricted inspection
 12 14 requirements as follows:
 12 15    a.  The person is exempt from the inspection requirements of
 12 16 section 162.10B for the period of the reserved license if the
 12 17 person submits evidence to the department that each dog kept by
 12 18 the person complies with all of the following:
 12 19    (1)  Has been examined by a licensed veterinarian within the
 12 20 twelve months prior to applying for the issuance or renewal of
 12 21 the reserved license.
 12 22    (2)  Received all vaccinations as prescribed by the
 12 23 department based on recommendations of the American veterinary
 12 24 medical association or American animal hospital association.
 12 25    b.  If the person does not comply with paragraph "a", the
 12 26 department shall conduct the annual inspection at a scheduled
 12 27 time agreed to by the person and the department.  However, the
 12 28 department is not required to schedule an inspection if any of
 12 29 the following applies:
 12 30    (1)  The person is obstructing the scheduled inspection.
 12 31    (2)  One or more dogs kept by the person are in immediate
 12 32 need of care.
 12 33    Sec. 15.  Section 162.10D, subsections 1 and 2, Code 2015,
 12 34 are amended to read as follows:
 12 35    1.  The department may take disciplinary action against a
 13  1 person by suspending or revoking the person's authorization
 13  2  license for violating a violation of a provision of this
 13  3 chapter or chapter 717B, or who commits for the commission of
 13  4  an unlawful practice under section 714.16.  The department may
 13  5 take primary and secondary disciplinary action as follows:
 13  6    a.  (1)  Primary disciplinary action may be taken against the
 13  7 licensee who committed the violation.
 13  8    (2)  Primary disciplinary action may be taken against a
 13  9 commercial breeder operating under a special type of reserved
 13 10 license held by small breeders, competitive show breeders, or
 13 11 specialized breeders under section 162.8A, without affecting
 13 12 the commercial breeder's general license under section 162.8.
 13 13    b.  Secondary disciplinary action may be taken against a
 13 14 person who operates another class of commercial establishment
 13 15 under a separate license pursuant to section 162.2A if such
 13 16 person is the same as the person who is subject to primary
 13 17 disciplinary action under paragraph "a".
 13 18    2.  The department may require an owner, operator, or
 13 19 employee of a commercial establishment subject to disciplinary
 13 20 action under subsection 1 to complete a continuing education
 13 21 program as a condition for retaining an authorization
 13 22  a license. This section does not prevent a person from
 13 23 voluntarily participating in a continuing education program.
 13 24 However, a continuing education program completed voluntarily
 13 25 prior to the imposition of the department's disciplinary action
 13 26 shall not be part of such disciplinary action.
 13 27    Sec. 16.  Section 162.11, subsection 1, Code 2015, is amended
 13 28 by striking the subsection and inserting in lieu thereof the
 13 29 following:
 13 30    1.  This chapter does not apply to the operation of a
 13 31 veterinary facility, including any activity that would
 13 32 otherwise classify the veterinary facility as a commercial
 13 33 establishment so long as the activity is incidental to the
 13 34 practice of veterinary medicine.  If the operations are
 13 35 conducted at an establishment in which the operations of the
 14  1 veterinary facility are segregated, this chapter shall apply
 14  2 only to that part of the establishment that does not operate as
 14  3 a veterinary facility.
 14  4    Sec. 17.  Section 162.11, subsection 2, Code 2015, is amended
 14  5 by striking the subsection.
 14  6    Sec. 18.  Section 162.11, subsection 3, Code 2015, is amended
 14  7 to read as follows:
 14  8    3.  2.  This chapter does not apply to a noncommercial kennel
 14  9 at, in, or adjoining a private residence where dogs or cats are
 14 10 kept, for the hobby of the householder, if the dogs or cats
 14 11 are used for hunting, for practice training, for exhibition
 14 12 at shows or field or obedience trials, or for guarding or
 14 13 protecting the householder's property. However, the dogs
 14 14 or cats must not be kept for breeding if a person receives
 14 15 consideration for providing the breeding.
 14 16    Sec. 19.  NEW SECTION.  162.13A  Criminal actions.
 14 17    The attorney general or a county attorney may bring criminal
 14 18 action in order to enforce the provisions of this chapter.
 14 19    Sec. 20.  NEW SECTION.  162.13B  Injunctive relief.
 14 20    A court of this state may prevent or restrain a violation
 14 21 of this chapter through the issuance of an injunction.  The
 14 22 attorney general or a county attorney shall institute a suit on
 14 23 behalf of the state to prevent or restrain a violation of this
 14 24 chapter.
 14 25    Sec. 21.  Section 162.20, subsection 4, paragraph c, Code
 14 26 2015, is amended to read as follows:
 14 27    c.  A pound or animal shelter which knowingly fails to
 14 28 provide for the sterilization of a dog or cat is subject to a
 14 29 civil penalty of up to two hundred dollars. The department
 14 30 may enforce and collect civil penalties according to rules
 14 31 which shall be adopted by the department. Each violation shall
 14 32 constitute a separate offense. Moneys collected from civil
 14 33 penalties shall be deposited into the general fund of the state
 14 34 and are appropriated on July 1 of each year in equal amounts
 14 35 to each track licensed to race dogs to support the racing dog
 15  1 adoption program as provided in section 99D.27 credited to
 15  2 animal rescue remediation fund created in section 717B.13.
 15  3 Upon the third offense, the department may suspend or revoke
 15  4 a certificate of registration license issued to the pound or
 15  5 animal shelter pursuant to this chapter section 162.2A.  The
 15  6 department may bring an action in district court to enjoin a
 15  7 pound or animal shelter from transferring animals in violation
 15  8 of this section. In bringing the action, the department shall
 15  9 not be required to allege facts necessary to show, or tending
 15 10 to show, a lack of adequate remedy at law, that irreparable
 15 11 damage or loss will result if the action is brought at law, or
 15 12 that unique or special circumstances exist.
 15 13    Sec. 22.  Section 162.20, subsection 5, paragraph b, Code
 15 14 2015, is amended to read as follows:
 15 15    b.  The transfer of a dog or cat by a pound or animal
 15 16 shelter which has obtained an enforcement waiver issued
 15 17 by the department. The pound or shelter may apply for an
 15 18 annual waiver each year as provided by rules adopted by
 15 19 the department. The department shall grant a waiver, if it
 15 20 determines that the pound or animal shelter is subject to
 15 21 an ordinance by a city or county which includes stricter
 15 22 requirements than provided in this section. The department
 15 23 shall not charge more than ten dollars as a waiver application
 15 24 fee. The fees collected by the department shall be deposited
 15 25 in the general fund of the state animal rescue remediation fund
 15 26 created in section 717B.13.
 15 27    Sec. 23.  NEW SECTION.  162.21  Sterilization == animal
 15 28 sanctuaries.
 15 29    1.  An animal sanctuary receiving a dog or cat shall provide
 15 30 for the sterilization of the dog or cat using the veterinary
 15 31 procedures prescribed in section 162.20.
 15 32    2.  An animal sanctuary shall provide for the sterilization
 15 33 within ten days from the date that the animal sanctuary
 15 34 receives the dog or cat, unless any of the following apply:
 15 35    a.  The department imposes a stricter requirement by rule.
 16  1    b.  A licensed veterinarian grants an extension of the
 16  2 period required for the completion of the sterilization, if the
 16  3 extension is based on the health of the dog or cat.
 16  4    3.  a.  An animal sanctuary that knowingly fails to provide
 16  5 for the sterilization of a dog or cat is subject to a civil
 16  6 penalty of up to two hundred dollars.
 16  7    b.  The department may enforce and collect civil penalties
 16  8 according to rules which shall be adopted by the department.
 16  9 Each violation shall constitute a separate violation.  Moneys
 16 10 collected from civil penalties shall be credited to the animal
 16 11 rescue remediation fund created in section 717B.13.
 16 12    4.  Upon the third violation of this section, the department
 16 13 may suspend or revoke the license issued to the animal
 16 14 sanctuary pursuant to section 162.2A.
 16 15    5.  The department may bring an action in district court
 16 16 to enjoin an animal sanctuary from transferring animals in
 16 17 violation of this section in the same manner as provided in
 16 18 section 162.20.
 16 19    6.  This section shall not apply to the return of a dog or
 16 20 cat to its owner by an animal sanctuary, except as provided by
 16 21 rules adopted by the department.
 16 22    Sec. 24.  Section 717B.1, Code 2015, is amended by adding the
 16 23 following new subsection:
 16 24    NEW SUBSECTION.  3A.  "Commercial establishment" means the
 16 25 same as defined in section 162.2.
 16 26    Sec. 25.  Section 717B.4, subsection 3, paragraph a, Code
 16 27 2015, is amended to read as follows:
 16 28    a.  The court may order the responsible party to pay an
 16 29 amount which shall not be more than the dispositional expenses
 16 30 incurred by the local authority. The court may also award
 16 31 the local authority court costs, reasonable attorney fees and
 16 32 expenses related to the investigation and prosecution of the
 16 33 case, which shall be taxed as part of the costs of the action.
 16 34 The amount shall be paid to the animal rescue remediation fund
 16 35 created in section 717B.13 to the extent that moneys from the
 17  1 fund were expended to pay for dispositional expenses.
 17  2    Sec. 26.  Section 717B.5, Code 2015, is amended by adding the
 17  3 following new subsection:
 17  4    NEW SUBSECTION.  3A.  The local authority may apply to the
 17  5 department for reimbursement of expenses incurred by the local
 17  6 authority in providing for the maintenance of the animal.
 17  7    Sec. 27.  NEW SECTION.  717B.13  Animal rescue remediation
 17  8 fund.
 17  9    1.  An animal rescue remediation fund is created as a
 17 10 separate fund in the state treasury under the control of the
 17 11 department of agriculture and land stewardship. The general
 17 12 fund of the state is not liable for claims presented against
 17 13 the fund.
 17 14    2.  The fund consists of moneys appropriated to the fund,
 17 15 moneys transferred from the commercial establishment fund as
 17 16 provided in section 162.2C, moneys credited to the fund as
 17 17 provided in sections 162.20 and 162.21, sums collected on
 17 18 behalf of the fund through legal action or settlement, and
 17 19 moneys contributed to the fund from other sources.
 17 20    3.  The moneys in the fund are appropriated to the department
 17 21 to reimburse a local authority for expenses incurred for the
 17 22 rescuing of an animal from a commercial establishment as
 17 23 provided in section 717B.5, for the maintenance of an animal
 17 24 as provided in section 717B.5, and for the disposition of an
 17 25 animal as provided in section 717B.4.
 17 26    4.  The department shall utilize moneys from the fund only to
 17 27 the extent that the department determines that expenses cannot
 17 28 be timely paid by utilizing the available provisions of section
 17 29 717B.4.
 17 30    5.  The department shall provide payment to a local authority
 17 31 upon a claim submitted by the local authority to the department
 17 32 according to procedures required by the department. Upon
 17 33 a determination that the claim is eligible for payment,
 17 34 the department shall reimburse the local authority for that
 17 35 amount.  However, if the department determines that only
 18  1 a portion of the claim is eligible, the department shall
 18  2 only pay the eligible portion.  If the department determines
 18  3 that insufficient moneys are available to make payment of
 18  4 all claims, the department may defer paying all or part of
 18  5 specified claims. The department shall hold deferred claims
 18  6 for payment when the department determines that the fund again
 18  7 contains sufficient moneys.
 18  8    6.  Moneys in the fund shall not be subject to appropriation
 18  9 or expenditure for any other purpose than provided in this
 18 10 section and section 162.2C.
 18 11    7.  Notwithstanding section 12C.7, interest earned on
 18 12 amounts deposited in the fund shall be credited to the fund.
 18 13 Notwithstanding section 8.33, any unexpended or unencumbered
 18 14 moneys remaining in the fund at the end of the fiscal year
 18 15 shall not revert to the general fund of the state, but the
 18 16 moneys shall remain available for expenditure by the authority
 18 17 in succeeding fiscal years.
 18 18    Sec. 28.  CURRENT AUTHORIZATIONS.
 18 19    1.  A current valid certificate of registration issued or
 18 20 renewed by the department of agriculture and land stewardship
 18 21 to an animal shelter, pound, or research facility under section
 18 22 162.2A  prior to the effective date of this Act shall remain
 18 23 valid until it expires according to its terms when issued or
 18 24 renewed.
 18 25    2.  A current valid state license issued or renewed by the
 18 26 department of agriculture and land stewardship to a commercial
 18 27 kennel that operates as a grooming facility as defined in
 18 28 section 162.2, as amended in this Act, shall remain valid until
 18 29 it expires according to the terms when issued or renewed.
 18 30                           DIVISION II
 18 31                     COORDINATING PROVISIONS
 18 32    Sec. 29.  Section 162.2A, subsection 3, unnumbered paragraph
 18 33 1, Code 2015, is amended to read as follows:
 18 34    A person must apply for the issuance or renewal of an
 18 35 authorization a license on forms and according to procedures
 19  1 required by rules adopted by the department. The application
 19  2 shall contain information required by the department, including
 19  3 but not limited to all of the following:
 19  4    Sec. 30.  Section 162.2A, subsection 3, paragraph c, Code
 19  5 2015, is amended to read as follows:
 19  6    c.  The name, address, and type of establishment covered by
 19  7 the authorization license.
 19  8    Sec. 31.  Section 162.3, Code 2015, is amended to read as
 19  9 follows:
 19 10    162.3  Operation of a pound == certificate of registration
 19 11  license.
 19 12    A pound shall only operate pursuant to a certificate of
 19 13 registration license issued or renewed by the department as
 19 14 provided in section 162.2A.  A pound may sell dogs or cats
 19 15 under its control if sales are allowed by the department. The
 19 16 pound shall maintain records as required by the department
 19 17  in section 162.10 in order for the department to ensure the
 19 18 pound's compliance with the provisions of this chapter.
 19 19    Sec. 32.  Section 162.4, Code 2015, is amended to read as
 19 20 follows:
 19 21    162.4  Operation of an animal shelter == certificate of
 19 22 registration license.
 19 23    An animal shelter shall only operate pursuant to a
 19 24 certificate of registration license issued or renewed by the
 19 25 department as provided in section 162.2A.  An animal shelter
 19 26 may sell dogs or cats if sales are allowed by the department.
 19 27 The animal shelter facility shall maintain records as required
 19 28 by the department in section 162.10 in order for the department
 19 29 to ensure the animal shelter's compliance with the provisions
 19 30 of this chapter.
 19 31    Sec. 33.  Section 162.4A, Code 2015, is amended to read as
 19 32 follows:
 19 33    162.4A  Operation of a research facility == certificate of
 19 34 registration license.
 19 35    1.  A research facility shall only operate pursuant to
 20  1 a certificate of registration license issued or renewed by
 20  2 the department as provided in section 162.2A.  The research
 20  3 facility shall maintain records as required by the department
 20  4  in section 162.10 in order for the department to ensure the
 20  5 research facility's compliance with the provisions of this
 20  6 chapter.
 20  7    2.  A research facility shall not purchase a dog or cat
 20  8 from a commercial establishment that does not have a valid
 20  9 authorization license issued or renewed under this chapter or a
 20 10 similar authorization issued or renewed by another state.
 20 11    Sec. 34.  Section 162.5, Code 2015, is amended to read as
 20 12 follows:
 20 13    162.5  Operation of a pet shop == state license.
 20 14    1.  A pet shop shall only operate pursuant to a state
 20 15  license issued or renewed by the department pursuant to section
 20 16 162.2A.  The pet shop shall maintain records as required by the
 20 17 department section 162.10 in order for the department to ensure
 20 18 the pet shop's compliance with the provisions of this chapter.
 20 19    2.  A pet shop shall not purchase a dog or cat from
 20 20 a commercial establishment that does not have a valid
 20 21 authorization license issued or renewed under this chapter or a
 20 22 similar authorization issued or renewed by another state.
 20 23    Sec. 35.  Section 162.5A, Code 2015, is amended to read as
 20 24 follows:
 20 25    162.5A  Operation of a boarding kennel == state license.
 20 26    A boarding kennel shall only operate pursuant to a state
 20 27  license issued by the department as provided in section 162.2A.
 20 28 The boarding kennel shall maintain records as required by the
 20 29 department section 162.10 in order for the department to ensure
 20 30 the boarding kennel's compliance with the provisions of this
 20 31 chapter. A boarding kennel shall not purchase a dog or cat
 20 32 from a commercial establishment that does not have a valid
 20 33 authorization license issued or renewed under this chapter or a
 20 34 similar authorization issued or renewed by another state.
 20 35    Sec. 36.  Section 162.6, Code 2015, is amended to read as
 21  1 follows:
 21  2    162.6  Operation of a commercial kennel == state license.
 21  3    A commercial kennel shall only operate pursuant to a state
 21  4  license issued or renewed by the department as provided in
 21  5 section 162.2A.  A commercial kennel shall maintain records
 21  6 as required by the department section 162.10 in order for the
 21  7 department to ensure the commercial kennel's compliance with
 21  8 the provisions of this chapter. A commercial kennel shall not
 21  9 purchase a dog or cat from a commercial establishment that does
 21 10 not have a valid authorization license issued or renewed under
 21 11 this chapter or a similar authorization issued or renewed by
 21 12 another state.
 21 13    Sec. 37.  Section 162.7, Code 2015, is amended to read as
 21 14 follows:
 21 15    162.7  Operation of a dealer == state license or permit.
 21 16    A dealer shall only operate pursuant to a state license,
 21 17 or a permit, issued or renewed by the department as provided
 21 18 in section 162.2A.  A dealer who is a state licensee shall
 21 19 maintain records as required by the department section 162.10
 21 20  in order for the department to ensure compliance with the
 21 21 provisions of this chapter. A dealer who is a permittee may
 21 22 but is not required to maintain records. A dealer shall not
 21 23 purchase a dog or cat from a commercial establishment that does
 21 24 not have a valid authorization license issued or renewed under
 21 25 this chapter or a similar authorization issued or renewed by
 21 26 another state.
 21 27    Sec. 38.  Section 162.9A, Code 2015, is amended to read as
 21 28 follows:
 21 29    162.9A  Operation of a public auction == state license or
 21 30 permit.
 21 31    A public auction shall only operate pursuant to a state
 21 32  license, or a permit, issued or renewed by the department as
 21 33 provided in section 162.2A.  A public auction which is a state
 21 34 licensee shall maintain records as required by the department
 21 35  section 162.10 in order for the department to ensure the public
 22  1 auction's compliance with the provisions of this chapter. A
 22  2 public auction which is a permittee may but is not required to
 22  3 maintain records. A public auction shall not purchase a dog or
 22  4 cat from a commercial establishment that does not have a valid
 22  5 authorization license issued or renewed under this chapter or a
 22  6 similar authorization issued or renewed by another state.
 22  7    Sec. 39.  Section 162.10A, subsection 2, paragraphs a and b,
 22  8 Code 2015, are amended to read as follows:
 22  9    a.  Except as provided in paragraph "b" or "c", a commercial
 22 10 establishment shall comply with rules that the department
 22 11 adopts to implement subsection 1. A commercial establishment
 22 12 shall be regulated under this paragraph "a" unless the person
 22 13 is a state licensee as provided in paragraph "b" or a permittee
 22 14 as provided in paragraph "c".
 22 15    b.  A state licensee who is a commercial breeder owning,
 22 16 breeding, transporting, or keeping a greyhound dog for
 22 17 pari=mutuel wagering at a racetrack as provided in chapter 99D
 22 18 may be required to comply with different rules adopted by the
 22 19 department.
 22 20    Sec. 40.  Section 162.10A, subsection 2, paragraph c, Code
 22 21 2015, is amended by striking the paragraph.
 22 22    Sec. 41.  Section 162.12, Code 2015, is amended to read as
 22 23 follows:
 22 24    162.12  Denial or revocation of application or license or
 22 25 registration.
 22 26    A certificate of registration An application for a license
 22 27  may be denied to any animal shelter, pound, or research
 22 28 facility and a state license may be denied to any public
 22 29 auction, boarding kennel, commercial kennel, pet shop,
 22 30 commercial breeder, or dealer, or an existing certificate of
 22 31 registration or state license may be revoked by the secretary
 22 32 if, after public hearing, it is determined that the housing
 22 33 facilities or primary enclosures are inadequate under this
 22 34 chapter or if the feeding, watering, cleaning, and housing
 22 35 practices at the animal rescue, animal sanctuary, pound,
 23  1 animal shelter, public auction, pet shop, boarding kennel,
 23  2 commercial kennel, grooming facility, research facility, or
 23  3 those practices by the commercial breeder or dealer, are not in
 23  4 compliance with this chapter or with the rules adopted pursuant
 23  5 to this chapter. The premises of each registrant or state
 23  6 licensee shall be open for inspection during normal business
 23  7 hours.
 23  8    Sec. 42.  Section 162.12A, subsection 1, paragraph a, Code
 23  9 2015, is amended to read as follows:
 23 10    a.  A commercial establishment that operates pursuant to an
 23 11 authorization a license issued or renewed under this chapter
 23 12 is subject to a civil penalty of not more than five hundred
 23 13 dollars, regardless of the number of animals possessed or
 23 14 controlled by the commercial establishment, for violating this
 23 15 chapter. Except as provided in paragraph "b", each day that a
 23 16 violation continues shall be deemed a separate offense.
 23 17    Sec. 43.  Section 162.12A, subsection 2, Code 2015, is
 23 18 amended to read as follows:
 23 19    2.  A commercial establishment that does not operate
 23 20 pursuant to an authorization a license issued or renewed under
 23 21 this chapter is subject to a civil penalty of not more than one
 23 22 thousand dollars, regardless of the number of animals possessed
 23 23 or controlled by the commercial establishment, for violating
 23 24 this chapter. Each day that a violation continues shall be
 23 25 deemed a separate offense.
 23 26    Sec. 44.  Section 162.13, subsections 1 and 3, Code 2015, are
 23 27 amended to read as follows:
 23 28    1.  A person who operates a commercial establishment without
 23 29 an authorization a license issued or renewed by the department
 23 30 as required in section 162.2A is guilty of a simple misdemeanor
 23 31 and each day of operation is a separate offense.
 23 32    3.  The failure of a person who owns or operates a commercial
 23 33 establishment to meet the requirements of this section is
 23 34 also cause for the suspension or revocation of the person's
 23 35 authorization license as provided in section 162.10D.
 24  1                           EXPLANATION
 24  2 The inclusion of this explanation does not constitute agreement with
 24  3 the explanation's substance by the members of the general assembly.
 24  4    CURRENT LAW.  Code chapter 162 provides for the regulation
 24  5 of commercial establishments that possess or control animals,
 24  6 other than animals used for an agricultural purpose (Code
 24  7 section 162.1), by the department of agriculture and land
 24  8 stewardship (DALS).  Commercial establishments include animal
 24  9 shelters, pounds, and research facilities which are required
 24 10 to obtain a certificate of registration; boarding kennels,
 24 11 commercial kennels, and pet shops which are required to
 24 12 obtain a state license; and commercial breeders, dealers, and
 24 13 public auctions which are required to obtain a state license
 24 14 or a permit if licensed by the United States department of
 24 15 agriculture (USDA) (Code section 162.2A).
 24 16    BILL'S PROVISIONS.  This bill refers to each type of
 24 17 commercial establishment as a class and requires that a person
 24 18 operating one or more commercial establishments of the same
 24 19 class obtain a single license. The bill also creates four new
 24 20 types of licenses: (1) a license for grooming facilities,
 24 21 (2) a license for animal rescues, (3) a license for animal
 24 22 sanctuaries, and (4) a special type of commercial breeder's
 24 23 license reserved for a small breeder, competitive show breeder,
 24 24 or specialized breeder.  The bill also recognizes animal foster
 24 25 care homes that temporarily maintain dogs or cats on behalf of
 24 26 animal rescues, animal shelters, and pounds. The bill replaces
 24 27 the current fee system with one that includes the assessment of
 24 28 a base amount and the possible assessment of a scheduled amount
 24 29 based on class.  The moneys from fees are still deposited
 24 30 into the commercial establishment fund. However, an amount
 24 31 is to be transferred to a new animal rescue remediation fund
 24 32 also under the control of DALS.  The bill requires DALS to
 24 33 perform inspections and licensees to maintain records.  The
 24 34 bill provides that DALS may take disciplinary action by
 24 35 suspending or revoking the person's license. It provides
 25  1 that any continuing education program voluntarily completed
 25  2 by a person operating a commercial establishment prior to a
 25  3 disciplinary action is not considered part of such action. The
 25  4 bill provides for the sterilization of dogs or cats that are in
 25  5 the custody of an animal sanctuary. Fees and civil penalties
 25  6 associated with the sterilization requirements are also to be
 25  7 deposited into the animal rescue remediation fund. Finally,
 25  8 it provides that the attorney general or a county attorney may
 25  9 bring a criminal action in order to enforce the provisions
 25 10 of the Code chapter and allows a court to provide injunctive
 25 11 relief.
       LSB 1192SV (2) 86
       da/nh