Bill Text: IA SF502 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the regulation of persons, including commercial establishments, keeping nonagricultural animals, providing for fees and appropriations, and making penalties applicable. (Formerly SF 168 and SF 347.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2016-02-22 - Amendment S-5013 filed. S.J. 309. [SF502 Detail]
Download: Iowa-2015-SF502-Introduced.html
Senate File 502 - Introduced SENATE FILE BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SF 347) (SUCCESSOR TO SF 168) A BILL FOR 1 An Act relating to the regulation of persons, including 2 commercial establishments, keeping nonagricultural animals, 3 providing for fees and appropriations, and making penalties 4 applicable. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1192SZ (3) 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, 8, 9, 10, and 27, Code 1 6 2015, are amended to read as follows: 1 7 3. "Animal shelter" meansa facility which ishousing 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 8. a. "Commercial breeder" means a person,engaged in the 1 15 business of breeding dogs or cats,who sells, exchanges, or 1 16 leases dogs or cats in return for consideration, or who offers 1 17 to do so, whether or not theanimalsdogs or cats are raised, 1 18 trained, groomed, or boarded by the person. 1 19 b. Notwithstanding paragraph "a" "commercial breeder" does 1 20 not mean any of the following: 1 21 (1) A person who is a small breeder, competitive show 1 22 breeder, or specialized breeder. 1 23 (2) A person who owns orharborskeeps three or fewer 1 24 breedingmales or females is not a commercial breedermale or 1 25 female dogs or cats.However, a person who breeds any number 1 26 of breeding male or female greyhounds for the purposes of 1 27 using them for pari=mutuel wagering at a racetrack as provided 1 28 in chapter 99D shall be considered a commercial breeder 1 29 irrespective of whether the person sells, leases, or exchanges 1 30 the greyhounds for consideration or offers to do so.1 31 9. "Commercial establishment" or "establishment" meansanany 1 32 of the following: 1 33 a. An animal rescue. 1 34 b. An animal sanctuary. 1 35 c. An animal shelter,. 2 1 d. A boarding kennel,. 2 2 e. A commercial breeder,. 2 3 f. A commercial kennel,. 2 4 g. A dealer,. 2 5 h. A grooming facility. 2 6 i. A pet shop,. 2 7 j. A pound,. 2 8 k. A public auction, or. 2 9 l. A research facility. 2 10 m. A small breeder, competitive show breeder, or specialized 2 11 breeder. 2 12 10. a. "Commercial kennel" meansa kennel which performs 2 13 grooming,a facility where boarding,or training services are 2 14 provided for dogs or cats in return foraconsideration. 2 15 b. "Commercial kennel" does not mean a facility in which a 2 16 dog or cat remains in the custody of the owner of the dog or 2 17 cat. 2 18 27. "Vertebrate animal" or "animal" means those vertebrate 2 19 animals other than members of the equine, bovine, ovine, and 2 20 porcine species, and ostriches, rheas, or emus. 2 21 Sec. 3. Section 162.2, Code 2015, is amended by adding the 2 22 following new subsections: 2 23 NEW SUBSECTION. 2A. "Animal rescue" means a person who 2 24 during a state fiscal year receives more than six adult dogs 2 25 or cats, or more than three litters of dogs or cats, and who 2 26 retains custody of the dogs or cats on a temporary basis until 2 27 doing any of the following: 2 28 a. Transferring the dogs or cats to an animal shelter, 2 29 pound, or another animal rescue. 2 30 b. Relinquishing custody of the dogs or cats by adoption to 2 31 members of the public. 2 32 NEW SUBSECTION. 2B. "Animal sanctuary" means a person who 2 33 during a state fiscal year owns or leases and controls housing 2 34 facilities where at least six adult dogs or cats have been 2 35 received from one or more persons, if all of the following 3 1 apply: 3 2 a. When received, each dog or cat was any of the following: 3 3 (1) Abandoned, orphaned, or unwanted, or transferred by a 3 4 pound or animal shelter. 3 5 (2) In an impaired condition due to disease, injury, or 3 6 birth defect, or a threatened animal as defined in section 3 7 717B.1. 3 8 b. Each dog or cat is maintained by the person on a 3 9 permanent basis, until the death of the dog or cat, or the 3 10 person transfers the dog or cat to any of the following: 3 11 (1) An animal rescue. 3 12 (2) Another animal sanctuary. 3 13 (3) An animal shelter. 3 14 (4) A pound. 3 15 NEW SUBSECTION. 15A. "Foster care home" means a private 3 16 residence that provides a vertebrate animal with temporary 3 17 maintenance, including shelter and care, if the animal has 3 18 been accepted by a person licensed as an animal rescue, 3 19 animal shelter, or pound and that person is authorized by the 3 20 department to oversee the operations of the private residence. 3 21 NEW SUBSECTION. 15B. a. "Grooming facility" means a 3 22 business, including a salon, that as the principal part 3 23 of its operation, provides grooming services in return for 3 24 consideration. 3 25 b. "Grooming facility" does not mean a business that does 3 26 any of the following: 3 27 (1) Only provides grooming services at the residence of the 3 28 owner of the dog or cat. 3 29 (2) Only provides grooming services at a mobile business 3 30 operating at different locations. 3 31 (3) Operates as part of a commercial kennel that provides 3 32 grooming services as an incidental part of its operation. 3 33 (4) Operates as part of a veterinary facility that provides 3 34 grooming services as an incidental part of its operation. 3 35 (5) Keeps the dog or cat for less than twenty=four hours 4 1 during any one period. 4 2 NEW SUBSECTION. 15C. "Grooming services" means providing 4 3 a dog or cat with hygienic care or treatment to improve 4 4 appearance, which may include but is not limited to bathing; 4 5 the removal of dead hair or skin; hair clipping, shaving, or 4 6 brushing; nail trimming; or providing flea or tick control. 4 7 NEW SUBSECTION. 16A. "License" means an authorization to 4 8 operate a commercial establishment as provided in this chapter 4 9 regardless of whether the authorization is also referred to as 4 10 a permit or certificate of registration. 4 11 NEW SUBSECTION. 16B. "Licensee" means a commercial 4 12 establishment that operates pursuant to a license issued and 4 13 renewed by the department pursuant to section 162.2A. 4 14 NEW SUBSECTION. 16C. "Local authority" means the same as 4 15 defined in section 717B.1. 4 16 NEW SUBSECTION. 20A. "Practice of veterinary medicine" 4 17 means the same as defined in section 169.3. 4 18 NEW SUBSECTION. 24A. a. "Small breeder, competitive show 4 19 breeder, or specialized breeder" means a person who owns or 4 20 keeps dogs, if the person does all of the following: 4 21 (1) Breeds the dogs. 4 22 (2) Sells, exchanges, or leases the dogs in return for 4 23 consideration, or offers to sell, exchange, or lease the dogs 4 24 in return for consideration. 4 25 (3) Keeps in any state fiscal year a total of not more than 4 26 the lesser of the following: 4 27 (a) Three litters of puppies. 4 28 (b) Thirty puppies. 4 29 b. "Small breeder, competitive show breeder, or specialized 4 30 breeder" does not mean a person who owns or keeps three or fewer 4 31 breeding male or female dogs. 4 32 c. "Small breeder, competitive show breeder, or specialized 4 33 breeder" does not mean a commercial breeder. 4 34 NEW SUBSECTION. 28. "Veterinary facility" means a business 4 35 where one or more licensed veterinarians are engaged in the 5 1 practice of veterinary medicine. The business may also provide 5 2 grooming services as an incidental part of its operation. 5 3 Sec. 4. Section 162.2A, subsections 1, 2, 4, and 5, Code 5 4 2015, are amended to read as follows: 5 5 1. The department shall provide for theoperation of 5 6issuance or renewal of a license to operate a commercial 5 7 establishmentby issuing or renewing an authorization, 5 8 including any of the following:. A person who owns a 5 9 commercial establishment shall be deemed to operate that 5 10 commercial establishment. 5 11a. A certificate of registration for a pound, animal 5 12 shelter, or research facility.5 13b. A state license for a boarding kennel, commercial kennel, 5 14 or pet shop.5 15c. A state license or permit for a commercial breeder, 5 16 dealer, or public auction. A federal licensee must apply for 5 17 and be issued either a permit or a state license in lieu of a 5 18 permit.5 19 2.a. A person must hold a current, valid license in order 5 20 to operate a commercial establishment. 5 21 b. A person mustbe issued a separate statehold a single 5 22 license, certificate of registration, or permitfor each class 5 23 of commercial establishmentowned oroperated by the person, 5 24 regardless of how many locations for that class are operated 5 25 by the person. Each of the following is a separate class of 5 26 commercial establishment: 5 27 (1) An animal rescue. 5 28 (2) An animal sanctuary. 5 29 (3) An animal shelter. 5 30 (4) A boarding kennel. 5 31 (5) A commercial breeder. 5 32 (6) A commercial kennel. 5 33 (7) A grooming facility. 5 34 (8) A dealer. 5 35 (9) A pet shop. 6 1 (10) A pound. 6 2 (11) A public auction. 6 3 (12) A research facility. 6 4 (13) A small breeder, competitive show breeder, or 6 5 specialized breeder. 6 6 4.The authorizationA license expires on an annual basis 6 7 as provided by the department, and must be renewed by the 6 8 commercial establishment on an annual basis on or before the 6 9authorization'slicense's expiration date. 6 10 5.a. A commercial establishment applying for the issuance 6 11 or renewal of a permit shall provide the department with proof 6 12 that the person is a federal licensee.6 13b.The department shall not require that it must enter onto 6 14 the premises of a commercial establishment in order to issue a 6 15 permit. The department shall not require that it must enter 6 16 onto the premises of a commercial establishment in order to 6 17 renew a permit, unless it has reasonable cause to monitor the 6 18 commercial establishment as provided in section 162.10C.The 6 19 department may deny an application for the issuance or renewal 6 20 of a license if the department determines that the applicant is 6 21 in violation of this chapter or has not demonstrated that the 6 22 applicant will comply with the provisions of this chapter. 6 23 Sec. 5. Section 162.2B, Code 2015, is amended by striking 6 24 the section and inserting in lieu thereof the following: 6 25 162.2B Fees. 6 26 1. The department shall establish, assess, and collect 6 27 fees for issuing or renewing a license as provided in section 6 28 162.2A. The fee assessed under this section shall include a 6 29 base amount plus any applicable scheduled amount. 6 30 2. For a commercial establishment that is an animal rescue, 6 31 animal sanctuary, animal shelter, pound, or research facility, 6 32 all of the following shall apply: 6 33 a. The base amount equals seventy=five dollars. A single 6 34 base amount shall be assessed for all locations operated by the 6 35 commercial establishment. 7 1 b. A scheduled amount shall not be assessed. 7 2 3. For a commercial establishment that is a dealer or 7 3 grooming facility, all of the following shall apply: 7 4 a. The base amount equals one hundred dollars. A single 7 5 base amount shall be assessed for all locations operated by the 7 6 commercial establishment. 7 7 b. A scheduled amount shall not be assessed. 7 8 4. For a commercial establishment that is a boarding kennel, 7 9 commercial kennel, or public auction, all of the following 7 10 shall apply: 7 11 a. The base amount equals one hundred seventy=five dollars. 7 12 A single base amount shall be assessed for all locations 7 13 operated by the commercial establishment. 7 14 b. A scheduled amount shall not be assessed. 7 15 5. For a commercial establishment that is a pet shop, all 7 16 of the following shall apply: 7 17 a. The base amount equals one hundred seventy=five dollars. 7 18 A base amount shall be assessed for each location operated by 7 19 the pet shop. 7 20 b. (1) The scheduled amount shall be determined based on 7 21 the number of dogs and cats kept by the pet shop as follows: 7 22 (a) For at least one dog or cat but not more than twenty 7 23 dogs and cats, one hundred dollars. 7 24 (b) For more than twenty dogs and cats but not more than 7 25 forty dogs and cats, two hundred fifty dollars. 7 26 (c) For more than forty dogs and cats, five hundred dollars. 7 27 (2) For purposes of determining the scheduled amount under 7 28 this paragraph "b", a dog or cat must be recorded as on hand for 7 29 sale to the general public during the most recent inspection 7 30 of the pet shop by the department. The scheduled amount shall 7 31 be assessed for the total number of dogs or cats kept at all 7 32 locations operated by the pet shop. 7 33 6. For a commercial establishment that is a commercial 7 34 breeder, all of the following shall apply: 7 35 a. The base amount equals one hundred seventy=five dollars. 8 1 A base amount shall be assessed for each location operated by 8 2 the commercial breeder. 8 3 b. (1) The scheduled amount shall be determined based on 8 4 the number of dogs and cats kept by the commercial breeder as 8 5 follows: 8 6 (a) For not more than fifty dogs and cats, seventy=five 8 7 dollars. 8 8 (b) For more than fifty dogs and cats but not more than 8 9 seventy=five dogs and cats, two hundred fifty dollars. 8 10 (c) For more than seventy=five dogs and cats but not more 8 11 than one hundred dogs and cats, eight hundred dollars. 8 12 (d) For more than one hundred dogs and cats but not more 8 13 than two hundred fifty dogs and cats, two thousand five hundred 8 14 dollars. 8 15 (e) For more than two hundred fifty dogs and cats but not 8 16 more than four hundred dogs and cats, five thousand dollars. 8 17 (f) For more than four hundred dogs and cats, seven thousand 8 18 five hundred dollars. 8 19 (2) For purposes of determining the scheduled amount under 8 20 this paragraph "b", a dog or cat must be recorded as an adult 8 21 on hand for breeding during the most recent inspection of the 8 22 commercial breeder by the department of agriculture and land 8 23 stewardship or the United States department of agriculture. 8 24 The scheduled amount shall be assessed for the total number of 8 25 dogs or cats kept at all locations operated by the commercial 8 26 breeder. 8 27 7. For a commercial establishment that is a small breeder, 8 28 competitive show breeder, or specialized breeder, all of the 8 29 following shall apply: 8 30 a. The base amount equals seventy=five dollars. A single 8 31 base amount shall be assessed for all locations operated by 8 32 the small breeder, competitive show breeder, or specialized 8 33 breeder. 8 34 b. A scheduled amount shall not be assessed. 8 35 8. The moneys collected by the department under this section 9 1 shall be credited to the commercial establishment fund created 9 2 in section 162.2C. 9 3 9. The fees provided in this section shall be considered 9 4 repayment receipts as defined in section 8.2. The general 9 5 assembly shall appropriate moneys to the department each state 9 6 fiscal year necessary for the administration and enforcement of 9 7 this chapter. 9 8 Sec. 6. Section 162.2C, subsection 3, Code 2015, is amended 9 9 to read as follows: 9 10 3. Moneys in the fund are appropriated to the departmentand 9 11without further special authorization by the general assembly. 9 12 The moneys shall be used exclusively by the department tocarry 9 13 outdo all of the following: 9 14 a. Administer and enforce the provisions of this chapter 9 15 as determined and directed by the department, and shall not 9 16 require further special authorization by the general assembly. 9 17 b. Fully fund the animal rescue remediation fund as provided 9 18 in section 717B.13. For each state fiscal year, the department 9 19 shall transfer at least twenty thousand dollars from moneys 9 20 in the commercial establishment fund to the animal rescue 9 21 remediation fund created in section 717B.13. However, if 9 22 on March 1 the unobligated and unencumbered balance in the 9 23 animal rescue remediation fund equals more than sixty thousand 9 24 dollars, the department shall suspend the transfer for the 9 25 subsequent state fiscal year. If on March 1 of a state fiscal 9 26 year for which the transfer is suspended, the unobligated and 9 27 unencumbered balance in the animal rescue remediation fund is 9 28 less than forty thousand dollars, the department shall resume 9 29 the transfer for the subsequent state fiscal year. 9 30 Sec. 7. NEW SECTION. 162.3A Operation of an animal rescue 9 31 == license. 9 32 1. An animal rescue shall only operate pursuant to a license 9 33 issued or renewed by the department as provided in section 9 34 162.2A. The animal rescue shall maintain records as required 9 35 by section 162.10 in order for the department to ensure the 10 1 animal rescue's compliance with the provisions of this chapter. 10 2 2. An animal rescue shall not maintain a dog or cat received 10 3 by the animal rescue in housing facilities owned or controlled 10 4 by the animal rescue. However, the animal rescue may arrange 10 5 to utilize an animal shelter, pound, or foster care home in 10 6 order to maintain the dog or cat. 10 7 Sec. 8. NEW SECTION. 162.3B Operation of an animal 10 8 sanctuary == license. 10 9 1. An animal sanctuary shall only operate pursuant to a 10 10 license issued or renewed by the department as provided in 10 11 section 162.2A. The animal sanctuary shall maintain records 10 12 as required by section 162.10 in order for the department to 10 13 ensure the animal sanctuary's compliance with the provisions of 10 14 this chapter. 10 15 2. An animal sanctuary shall not buy, sell, trade, 10 16 auction, lease, loan, or breed any dog or cat that is owned or 10 17 controlled by the animal sanctuary. 10 18 3. An animal sanctuary shall maintain a dog or cat received 10 19 by the animal sanctuary in its care until the dog or cat dies 10 20 by natural causes, is euthanized, or is transferred to another 10 21 animal sanctuary, an animal rescue, an animal shelter, or a 10 22 pound. 10 23 Sec. 9. NEW SECTION. 162.6A Grooming facility == license. 10 24 1. A grooming facility shall only operate pursuant to a 10 25 license issued or renewed by the department as provided in 10 26 section 162.2A. The grooming facility shall maintain records 10 27 as required by section 162.10 in order for the department to 10 28 ensure the grooming facility's compliance with the provisions 10 29 of this chapter. 10 30 2. A grooming facility shall not be in the business of 10 31 buying and selling vertebrate animals. 10 32 Sec. 10. Section 162.8, Code 2015, is amended to read as 10 33 follows: 10 34 162.8 Operation of a commercial breeder== statelicenseor 10 35 permit. 11 1 1. A commercial breeder shall only operate pursuant to a 11 2statelicense, or a permit,issued or renewed by the department 11 3 as provided in section 162.2A. A commercial breederwho is 11 4 a state licenseeshall maintain records as requiredby the 11 5 departmentin section 162.10 in order for the department to 11 6 ensure the commercial breeder's compliance with the provisions 11 7 of this chapter.A commercial breeder who is a permittee may 11 8 but is not required to maintain records.11 9 2. A commercial breeder shall not purchase a dog or cat 11 10 from a commercial establishment that does not have a valid 11 11authorizationlicense issued or renewed under this chapter or a 11 12 similar authorization issued or renewed by another state. 11 13 3. A commercial breeder shall not operate an animal shelter 11 14 or maintain a controlling interest in an animal shelter. 11 15 Sec. 11. NEW SECTION. 162.9 Operation of a small breeder, 11 16 competitive show breeder, or specialized breeder ==== license. 11 17 1. A person who is a small breeder, competitive show 11 18 breeder, or specialized breeder shall only operate pursuant to 11 19 a license issued or renewed by the department as provided in 11 20 section 162.2A. 11 21 2. A person shall not be eligible for the issuance, 11 22 maintenance, or renewal of a license under this section if 11 23 the person holds a public auction license pursuant to section 11 24 162.9A. 11 25 Sec. 12. NEW SECTION. 162.10 Records. 11 26 1. A commercial establishment shall maintain all records 11 27 required in this chapter. The department shall adopt rules 11 28 regarding the types of records required to be kept and the 11 29 format for keeping such records. 11 30 2. A commercial establishment shall maintain all records 11 31 necessary for the department to assess a fee imposed for the 11 32 issuance or renewal of a license pursuant to section 162.2A. 11 33 3. A commercial establishment shall maintain inspection 11 34 reports as required in section 162.10B. 11 35 Sec. 13. Section 162.10B, Code 2015, is amended to read as 12 1 follows: 12 2 162.10BCommercial establishments == inspecting state 12 3 licensees and registrantsInspections == ordinary requirements. 12 4 1. As a condition of issuing or renewing a license, the 12 5 premises of an applicant shall be open for inspection during 12 6 normal business hours. 12 7 2. The department shall conduct at least an annual 12 8 inspection of a commercial establishment. The departmentmay 12 9shall inspect the commercial establishmentof a registrant or 12 10 state licenseeby entering onto its business premises at any 12 11 time during normalworkingbusiness hours. The departmentmay 12 12shall inspect records required to be maintained by thestate 12 13 licensee or registrantcommercial establishment as provided 12 14 inthis chaptersection 162.10. If the owner or person in 12 15 charge of the commercial establishment refuses admittance, the 12 16 department may obtain an administrative search warrant issued 12 17 under section 808.14. The department shall report a potential 12 18 violation of chapter 717B to the local authority which has 12 19 jurisdiction over the matter. 12 20 3. a. A commercial breeder offering to sell a dog to 12 21 a person shall provide that person with the most recent 12 22 inspection report completed by all of the following: 12 23 (1) The department of agriculture and land stewardship. The 12 24 report shall include the recorded number of adult dogs on hand. 12 25 (2) The United States department of agriculture, if the 12 26 commercial breeder is licensed under the Animal Welfare Act. 12 27 b. The inspection report must be signed by the dog's 12 28 purchaser prior to finalizing the sale. 12 29 c. A copy of each applicable signed inspection report shall 12 30 be maintained for twelve months by the commercial breeder as 12 31 part of the commercial breeder's records as provided in section 12 32 162.10 and a copy of the signed inspection report completed by 12 33 the department of agriculture and land stewardship shall be 12 34 filed with the department. 12 35 Sec. 14. Section 162.10C, Code 2015, is amended by striking 13 1 the section and inserting in lieu thereof the following: 13 2 162.10C Inspections == restricted requirements. 13 3 1. Notwithstanding section 162.10B, a person who holds 13 4 a grooming facility license as provided in section 162.6A is 13 5 subject to restricted inspection requirements. The department 13 6 shall conduct the annual inspection of a licensed grooming 13 7 facility at a scheduled time agreed to by the person and 13 8 the department. However, the department is not required to 13 9 schedule an inspection if any of the following applies: 13 10 a. The person is obstructing the scheduled inspection. 13 11 b. One or more dogs or cats kept by the person are in 13 12 immediate need of care. 13 13 2. Notwithstanding section 162.10B, a person who holds a 13 14 small breeder, competitive show breeder, or specialized breeder 13 15 license as provided in section 162.9 is subject to restricted 13 16 inspection requirements as follows: 13 17 a. The person is exempt from the inspection requirements 13 18 of section 162.10B for the period of the license if the person 13 19 submits evidence to the department that each dog kept by the 13 20 person complies with all of the following: 13 21 (1) Has been examined by a licensed veterinarian within the 13 22 twelve months prior to applying for the issuance or renewal of 13 23 the reserved license. 13 24 (2) Received all vaccinations as prescribed by the 13 25 department based on recommendations of the American veterinary 13 26 medical association or American animal hospital association. 13 27 b. If the person does not comply with paragraph "a", the 13 28 department shall conduct the annual inspection at a scheduled 13 29 time agreed to by the person and the department. However, the 13 30 department is not required to schedule an inspection if any of 13 31 the following applies: 13 32 (1) The person is obstructing the scheduled inspection. 13 33 (2) One or more dogs kept by the person are in immediate 13 34 need of care. 13 35 Sec. 15. Section 162.10D, subsections 1 and 2, Code 2015, 14 1 are amended to read as follows: 14 2 1. The department may take disciplinary action against a 14 3 person by suspending or revoking the person'sauthorization 14 4license forviolatinga violation of a provision of this 14 5 chapter or chapter 717B, orwho commitsfor the commission of 14 6 an unlawful practice under section 714.16. The department may 14 7 take primary and secondary disciplinary action as follows: 14 8 a. Primary disciplinary action may be taken against a person 14 9 who operates the commercial establishment where the violation 14 10 occurred. 14 11 b. Secondary disciplinary action may be taken against a 14 12 person who operates another class of commercial establishment 14 13 under a separate license pursuant to section 162.2A if such 14 14 person is the same as the person who is subject to primary 14 15 disciplinary action under paragraph "a". 14 16 2. The department may require an owner, operator, or 14 17 employee of a commercial establishment subject to disciplinary 14 18 action under subsection 1 to complete a continuing education 14 19 program as a condition for retainingan authorization 14 20a license. This section does not prevent a person from 14 21 voluntarily participating in a continuing education program. 14 22 However, a continuing education program completed voluntarily 14 23 prior to the imposition of the department's disciplinary action 14 24 shall not be part of such disciplinary action. 14 25 Sec. 16. Section 162.11, subsection 1, Code 2015, is amended 14 26 by striking the subsection and inserting in lieu thereof the 14 27 following: 14 28 1. This chapter does not apply to the operation of a 14 29 veterinary facility, including any activity that would 14 30 otherwise classify the veterinary facility as a commercial 14 31 establishment so long as the activity is incidental to the 14 32 practice of veterinary medicine. If the operations are 14 33 conducted at an establishment in which the operations of the 14 34 veterinary facility are segregated, this chapter shall apply 14 35 only to that part of the establishment that does not operate as 15 1 a veterinary facility. 15 2 Sec. 17. Section 162.11, subsection 2, Code 2015, is amended 15 3 by striking the subsection. 15 4 Sec. 18. Section 162.11, subsection 3, Code 2015, is amended 15 5 to read as follows: 15 6 3. This chapter does not apply to a noncommercial kennel 15 7 at, in, or adjoining a private residence where dogs or cats are 15 8 kept,for the hobby of the householder,if the dogs or cats 15 9 are used for hunting, for practice training, for exhibition 15 10 at shows or field or obedience trials, or for guarding or 15 11 protecting the householder's property. However, the dogs 15 12 or cats must not be kept for breeding if a person receives 15 13 consideration for providing the breeding. 15 14 Sec. 19. Section 162.11, Code 2015, is amended by adding the 15 15 following new subsection: 15 16 NEW SUBSECTION. 4. This chapter does not apply to a person 15 17 who owns, keeps, breeds, or transports a greyhound dog for use 15 18 at a dog racetrack facility regulated by the racing and gaming 15 19 commission under chapter 99D. 15 20 Sec. 20. NEW SECTION. 162.13A Criminal actions. 15 21 The attorney general or a county attorney may bring criminal 15 22 action in order to enforce the provisions of this chapter. 15 23 Sec. 21. NEW SECTION. 162.13B Injunctive relief. 15 24 A court of this state may prevent or restrain a violation 15 25 of this chapter through the issuance of an injunction. The 15 26 attorney general or a county attorney shall institute a suit on 15 27 behalf of the state to prevent or restrain a violation of this 15 28 chapter. 15 29 Sec. 22. Section 162.20, subsection 4, paragraph c, Code 15 30 2015, is amended to read as follows: 15 31 c. A pound or animal shelter which knowingly fails to 15 32 provide for the sterilization of a dog or cat is subject to a 15 33 civil penalty of up to two hundred dollars. The department 15 34 may enforce and collect civil penalties according to rules 15 35 which shall be adopted by the department. Each violation shall 16 1 constitute a separate offense.MoneysNotwithstanding section 16 2 162.11, subsection 4, moneys collected from civil penalties 16 3 shall be deposited into the general fund of the state and 16 4 are appropriated on July 1 of each year in equal amounts to 16 5 each track licensed to race dogs to support the racing dog 16 6 adoption program as provided in section 99D.27. Upon the third 16 7 offense, the department may suspend or revoke acertificate 16 8 of registrationlicense issued to the pound or animal shelter 16 9 pursuant tothis chaptersection 162.2A. The department may 16 10 bring an action in district court to enjoin a pound or animal 16 11 shelter from transferring animals in violation of this section. 16 12 In bringing the action, the department shall not be required 16 13 to allege facts necessary to show, or tending to show, a lack 16 14 of adequate remedy at law, that irreparable damage or loss 16 15 will result if the action is brought at law, or that unique or 16 16 special circumstances exist. 16 17 Sec. 23. Section 162.20, subsection 5, paragraphs b and c, 16 18 Code 2015, are amended to read as follows: 16 19 b. The transfer of a dog or cat by a pound or animal 16 20 shelter which has obtained an enforcement waiver issued 16 21 by the department. The pound or shelter may apply for an 16 22 annual waiver each year as provided by rules adopted by 16 23 the department. The department shall grant a waiver, if it 16 24 determines that the pound or animal shelter is subject to 16 25 an ordinance by a city or county which includes stricter 16 26 requirements than provided in this section. The department 16 27 shall not charge more than ten dollars as a waiver application 16 28 fee. The fees collected by the department shall be deposited 16 29 in thegeneral fund of the stateanimal rescue remediation fund 16 30 created in section 717B.13. 16 31 c. The transfer of a dog or cat to a research facility as 16 32 defined in section 162.2 or a person licensed by the United 16 33 States department of agriculture as a class B dealer pursuant 16 34 to 9 C.F.R. ch. 1, subch. A, pt. 2. However, a class B dealer 16 35 who receives an unsterilized dog or cat from a pound or animal 17 1 shelter shall either sterilize the dog or cat or transfer the 17 2 unsterilized dog or cat to a research facility provided in this 17 3 paragraph.The class B dealer shall not transfer a dog to a 17 4 research facility if the dog is a greyhound registered with the 17 5 national greyhound association and the dog raced at a track 17 6 associated with pari=mutuel racing unless the class B dealer 17 7 receives written approval of the transfer from a person who 17 8 owned an interest in the dog while the dog was racing.17 9 Sec. 24. NEW SECTION. 162.21 Sterilization == animal 17 10 sanctuaries. 17 11 1. An animal sanctuary receiving a dog or cat shall provide 17 12 for the sterilization of the dog or cat using the veterinary 17 13 procedures prescribed in section 162.20. 17 14 2. An animal sanctuary shall provide for the sterilization 17 15 within ten days from the date that the animal sanctuary 17 16 receives the dog or cat, unless any of the following apply: 17 17 a. The department imposes a stricter requirement by rule. 17 18 b. A licensed veterinarian grants an extension of the 17 19 period required for the completion of the sterilization, if the 17 20 extension is based on the health of the dog or cat. 17 21 3. a. An animal sanctuary that knowingly fails to provide 17 22 for the sterilization of a dog or cat is subject to a civil 17 23 penalty of up to two hundred dollars. 17 24 b. The department may enforce and collect civil penalties 17 25 according to rules which shall be adopted by the department. 17 26 Each violation shall constitute a separate violation. Moneys 17 27 collected from civil penalties shall be credited to the animal 17 28 rescue remediation fund created in section 717B.13. 17 29 4. Upon the third violation of this section, the department 17 30 may suspend or revoke the license issued to the animal 17 31 sanctuary pursuant to section 162.2A. 17 32 5. The department may bring an action in district court 17 33 to enjoin an animal sanctuary from transferring animals in 17 34 violation of this section in the same manner as provided in 17 35 section 162.20. 18 1 6. This section shall not apply to the return of a dog or 18 2 cat to its owner by an animal sanctuary, except as provided by 18 3 rules adopted by the department. 18 4 Sec. 25. Section 717B.1, Code 2015, is amended by adding the 18 5 following new subsection: 18 6 NEW SUBSECTION. 3A. "Commercial establishment" means the 18 7 same as defined in section 162.2. 18 8 Sec. 26. Section 717B.4, subsection 3, paragraph a, Code 18 9 2015, is amended to read as follows: 18 10 a. The court may order the responsible party to pay an 18 11 amount which shall not be more than the dispositional expenses 18 12 incurred by the local authority. The court may also award 18 13 the local authority court costs, reasonable attorney fees and 18 14 expenses related to the investigation and prosecution of the 18 15 case, which shall be taxed as part of the costs of the action. 18 16 The amount shall be paid to the animal rescue remediation fund 18 17 created in section 717B.13 to the extent that moneys from the 18 18 fund were expended to pay for dispositional expenses. 18 19 Sec. 27. Section 717B.5, Code 2015, is amended by adding the 18 20 following new subsection: 18 21 NEW SUBSECTION. 3A. The local authority may apply to the 18 22 department for reimbursement of expenses incurred by the local 18 23 authority in providing for the maintenance of the animal. 18 24 Sec. 28. NEW SECTION. 717B.13 Animal rescue remediation 18 25 fund. 18 26 1. An animal rescue remediation fund is created as a 18 27 separate fund in the state treasury under the control of the 18 28 department of agriculture and land stewardship. The general 18 29 fund of the state is not liable for claims presented against 18 30 the fund. 18 31 2. The fund consists of moneys appropriated to the fund, 18 32 moneys transferred from the commercial establishment fund as 18 33 provided in section 162.2C, moneys credited to the fund as 18 34 provided in sections 162.20 and 162.21, sums collected on 18 35 behalf of the fund through legal action or settlement, and 19 1 moneys contributed to the fund from other sources. 19 2 3. The moneys in the fund are appropriated to the department 19 3 to reimburse a local authority for expenses incurred for the 19 4 rescuing of an animal from a commercial establishment as 19 5 provided in section 717B.5, for the maintenance of an animal 19 6 as provided in section 717B.5, and for the disposition of an 19 7 animal as provided in section 717B.4. 19 8 4. The department shall utilize moneys from the fund only to 19 9 the extent that the department determines that expenses cannot 19 10 be timely paid by utilizing the available provisions of section 19 11 717B.4. 19 12 5. The department shall provide payment to a local authority 19 13 upon a claim submitted by the local authority to the department 19 14 according to procedures required by the department. Upon 19 15 a determination that the claim is eligible for payment, 19 16 the department shall reimburse the local authority for that 19 17 amount. However, if the department determines that only 19 18 a portion of the claim is eligible, the department shall 19 19 only pay the eligible portion. If the department determines 19 20 that insufficient moneys are available to make payment of 19 21 all claims, the department may defer paying all or part of 19 22 specified claims. The department shall hold deferred claims 19 23 for payment when the department determines that the fund again 19 24 contains sufficient moneys. 19 25 6. Moneys in the fund shall not be subject to appropriation 19 26 or expenditure for any other purpose than provided in this 19 27 section and section 162.2C. 19 28 7. Notwithstanding section 12C.7, interest earned on 19 29 amounts deposited in the fund shall be credited to the fund. 19 30 Notwithstanding section 8.33, any unexpended or unencumbered 19 31 moneys remaining in the fund at the end of the fiscal year 19 32 shall not revert to the general fund of the state, but the 19 33 moneys shall remain available for expenditure by the authority 19 34 in succeeding fiscal years. 19 35 Sec. 29. CURRENT AUTHORIZATIONS. 20 1 1. A current valid certificate of registration issued or 20 2 renewed by the department of agriculture and land stewardship 20 3 to an animal shelter, pound, or research facility under section 20 4 162.2A prior to the effective date of this Act shall remain 20 5 valid until it expires according to its terms when issued or 20 6 renewed. 20 7 2. A current valid state license issued or renewed by the 20 8 department of agriculture and land stewardship to a commercial 20 9 kennel that operates as a grooming facility as defined in 20 10 section 162.2, as amended in this Act, shall remain valid until 20 11 it expires according to the terms when issued or renewed. 20 12 DIVISION II 20 13 COORDINATING PROVISIONS 20 14 Sec. 30. Section 162.2A, subsection 3, unnumbered paragraph 20 15 1, Code 2015, is amended to read as follows: 20 16 A person must apply for the issuance or renewal ofan 20 17 authorizationa license on forms and according to procedures 20 18 required by rules adopted by the department. The application 20 19 shall contain information required by the department, including 20 20 but not limited to all of the following: 20 21 Sec. 31. Section 162.2A, subsection 3, paragraph c, Code 20 22 2015, is amended to read as follows: 20 23 c. The name, address, and type of establishment covered by 20 24 theauthorizationlicense. 20 25 Sec. 32. Section 162.3, Code 2015, is amended to read as 20 26 follows: 20 27 162.3 Operation of a pound ==certificate of registration 20 28license. 20 29 A pound shall only operate pursuant to acertificate of 20 30 registrationlicense issued or renewed by the department as 20 31 provided in section 162.2A. A pound may sell dogs or cats 20 32 under its control if sales are allowed by the department. The 20 33 pound shall maintain records as requiredby the department 20 34in section 162.10 in order for the department to ensure the 20 35 pound's compliance with the provisions of this chapter. 21 1 Sec. 33. Section 162.4, Code 2015, is amended to read as 21 2 follows: 21 3 162.4 Operation of an animal shelter ==certificate of 21 4 registrationlicense. 21 5 An animal shelter shall only operate pursuant to a 21 6certificate of registrationlicense issued or renewed by the 21 7 department as provided in section 162.2A. An animal shelter 21 8 may sell dogs or cats if sales are allowed by the department. 21 9 The animal shelter facility shall maintain records as required 21 10by the departmentin section 162.10 in order for the department 21 11 to ensure the animal shelter's compliance with the provisions 21 12 of this chapter. 21 13 Sec. 34. Section 162.4A, Code 2015, is amended to read as 21 14 follows: 21 15 162.4A Operation of a research facility ==certificate of 21 16 registrationlicense. 21 17 1. A research facility shall only operate pursuant to 21 18 acertificate of registrationlicense issued or renewed by 21 19 the department as provided in section 162.2A. The research 21 20 facility shall maintain records as requiredby the department 21 21in section 162.10 in order for the department to ensure the 21 22 research facility's compliance with the provisions of this 21 23 chapter. 21 24 2. A research facility shall not purchase a dog or cat 21 25 from a commercial establishment that does not have a valid 21 26authorizationlicense issued or renewed under this chapter or a 21 27 similar authorization issued or renewed by another state. 21 28 Sec. 35. Section 162.5, Code 2015, is amended to read as 21 29 follows: 21 30 162.5 Operation of a pet shop ==statelicense. 21 31 1. A pet shop shall only operate pursuant to astate21 32 license issued or renewed by the department pursuant to section 21 33 162.2A. The pet shop shall maintain records as required bythe 21 34 departmentsection 162.10 in order for the department to ensure 21 35 the pet shop's compliance with the provisions of this chapter. 22 1 2. A pet shop shall not purchase a dog or cat from 22 2 a commercial establishment that does not have a valid 22 3authorizationlicense issued or renewed under this chapter or a 22 4 similar authorization issued or renewed by another state. 22 5 Sec. 36. Section 162.5A, Code 2015, is amended to read as 22 6 follows: 22 7 162.5A Operation of a boarding kennel ==statelicense. 22 8 A boarding kennel shall only operate pursuant to astate22 9 license issued by the department as provided in section 162.2A. 22 10 The boarding kennel shall maintain records as required bythe 22 11 departmentsection 162.10 in order for the department to ensure 22 12 the boarding kennel's compliance with the provisions of this 22 13 chapter. A boarding kennel shall not purchase a dog or cat 22 14 from a commercial establishment that does not have a valid 22 15authorizationlicense issued or renewed under this chapter or a 22 16 similar authorization issued or renewed by another state. 22 17 Sec. 37. Section 162.6, Code 2015, is amended to read as 22 18 follows: 22 19 162.6 Operation of a commercial kennel ==statelicense. 22 20 A commercial kennel shall only operate pursuant to astate22 21 license issued or renewed by the department as provided in 22 22 section 162.2A. A commercial kennel shall maintain records 22 23 as required bythe departmentsection 162.10 in order for the 22 24 department to ensure the commercial kennel's compliance with 22 25 the provisions of this chapter. A commercial kennel shall not 22 26 purchase a dog or cat from a commercial establishment that does 22 27 not have a validauthorizationlicense issued or renewed under 22 28 this chapter or a similar authorization issued or renewed by 22 29 another state. 22 30 Sec. 38. Section 162.7, Code 2015, is amended to read as 22 31 follows: 22 32 162.7 Operation of a dealer ==statelicenseor permit. 22 33 A dealer shall only operate pursuant to astatelicense, 22 34 or a permit,issued or renewed by the department as provided 22 35 in section 162.2A. A dealerwho is a state licenseeshall 23 1 maintain records as required bythe departmentsection 162.10 23 2 in order for the department to ensure compliance with the 23 3 provisions of this chapter.A dealer who is a permittee may 23 4 but is not required to maintain records.A dealer shall not 23 5 purchase a dog or cat from a commercial establishment that does 23 6 not have a validauthorizationlicense issued or renewed under 23 7 this chapter or a similar authorization issued or renewed by 23 8 another state. 23 9 Sec. 39. Section 162.9A, Code 2015, is amended to read as 23 10 follows: 23 11 162.9A Operation of a public auction ==statelicenseor 23 12 permit. 23 13 1. A public auction shall only operate pursuant to astate23 14 license, or a permit,issued or renewed by the department as 23 15 provided in section 162.2A. A public auctionwhich is a state 23 16 licenseeshall maintain records as required bythe department 23 17section 162.10 in order for the department to ensure the public 23 18 auction's compliance with the provisions of this chapter.A 23 19 public auction which is a permittee may but is not required to 23 20 maintain records.A public auction shall not purchase a dog or 23 21 cat from a commercial establishment that does not have a valid 23 22authorizationlicense issued or renewed under this chapter or a 23 23 similar authorization issued or renewed by another state. 23 24 2. A person shall not be eligible for the issuance, 23 25 maintenance, or renewal of a license under this section if the 23 26 person holds a small breeder, competitive show breeder, or 23 27 specialized breeder license under section 162.9. 23 28 Sec. 40. Section 162.10A, subsection 2, Code 2015, is 23 29 amended by striking the subsection. 23 30 Sec. 41. Section 162.12, Code 2015, is amended to read as 23 31 follows: 23 32 162.12 Denial or revocation of application or licenseor 23 33 registration. 23 34A certificate of registrationAn application for a license 23 35 may be deniedto any animal shelter, pound, or research 24 1 facility and a state license may be denied to any public 24 2 auction, boarding kennel, commercial kennel, pet shop, 24 3 commercial breeder, or dealer,or an existingcertificate of 24 4 registration or statelicense may be revoked by the secretary 24 5 if, after public hearing, it is determined that the housing 24 6 facilities or primary enclosures are inadequate under this 24 7 chapter or if the feeding, watering, cleaning, and housing 24 8 practices at the animal rescue, animal sanctuary, pound, 24 9 animal shelter, public auction, pet shop, boarding kennel, 24 10 commercial kennel, grooming facility, research facility, or 24 11 those practices by the commercial breeder,ordealer, or small 24 12 breeder, competitive show breeder, or specialized breeder, are 24 13 not in compliance with this chapter or with the rules adopted 24 14 pursuant to this chapter.The premises of each registrant 24 15 or state licensee shall be open for inspection during normal 24 16 business hours.24 17 Sec. 42. Section 162.12A, subsection 1, paragraph a, Code 24 18 2015, is amended to read as follows: 24 19 a. A commercial establishment that operates pursuant toan 24 20 authorizationa license issued or renewed under this chapter 24 21 is subject to a civil penalty of not more than five hundred 24 22 dollars, regardless of the number of animals possessed or 24 23 controlled by the commercial establishment, for violating this 24 24 chapter. Except as provided in paragraph "b", each day that a 24 25 violation continues shall be deemed a separate offense. 24 26 Sec. 43. Section 162.12A, subsection 2, Code 2015, is 24 27 amended to read as follows: 24 28 2. A commercial establishment that does not operate 24 29 pursuant toan authorizationa license issued or renewed under 24 30 this chapter is subject to a civil penalty of not more than one 24 31 thousand dollars, regardless of the number of animals possessed 24 32 or controlled by the commercial establishment, for violating 24 33 this chapter. Each day that a violation continues shall be 24 34 deemed a separate offense. 24 35 Sec. 44. Section 162.13, subsections 1 and 3, Code 2015, are 25 1 amended to read as follows: 25 2 1. A person who operates a commercial establishment without 25 3an authorizationa license issued or renewed by the department 25 4 as required in section 162.2A is guilty of a simple misdemeanor 25 5 and each day of operation is a separate offense. 25 6 3. The failure of a person who owns or operates a commercial 25 7 establishment to meet the requirements of this section is 25 8 also cause for the suspension or revocation of the person's 25 9authorizationlicense as provided in section 162.10D. 25 10 EXPLANATION 25 11 The inclusion of this explanation does not constitute agreement with 25 12 the explanation's substance by the members of the general assembly. 25 13 CURRENT LAW. Code chapter 162 provides for the regulation 25 14 of commercial establishments that possess or control animals, 25 15 other than animals used for an agricultural purpose (Code 25 16 section 162.1), by the department of agriculture and land 25 17 stewardship (DALS). Commercial establishments include animal 25 18 shelters, pounds, and research facilities which are required 25 19 to obtain a certificate of registration; boarding kennels, 25 20 commercial kennels, and pet shops which are required to 25 21 obtain a state license; and commercial breeders, dealers, and 25 22 public auctions which are required to obtain a state license 25 23 or a permit if licensed by the United States department of 25 24 agriculture (USDA) (Code section 162.2A). 25 25 BILL'S PROVISIONS. This bill refers to each type of 25 26 commercial establishment as a class and requires that a person 25 27 operating one or more commercial establishments of the same 25 28 class obtain a single license. The bill also creates four new 25 29 types of licenses for: (1) grooming facilities, (2) animal 25 30 rescues, (3) animal sanctuaries, and (4) small breeders, 25 31 competitive show breeders, or specialized breeders. The bill 25 32 also recognizes animal foster care homes that temporarily 25 33 maintain dogs or cats on behalf of animal rescues, animal 25 34 shelters, and pounds. The bill replaces the current fee system 25 35 with one that includes the assessment of a base amount and 26 1 the possible assessment of a scheduled amount based on class. 26 2 The moneys from fees are still deposited into the commercial 26 3 establishment fund. However, an amount is to be transferred 26 4 to a new animal rescue remediation fund also under the control 26 5 of DALS. The bill requires DALS to perform inspections and 26 6 licensees to maintain records. The bill provides that DALS may 26 7 take disciplinary action by suspending or revoking the person's 26 8 license. It provides that any continuing education program 26 9 voluntarily completed by a person operating a commercial 26 10 establishment prior to a disciplinary action is not considered 26 11 part of such action. The bill provides for the sterilization 26 12 of dogs or cats that are in the custody of an animal sanctuary. 26 13 Greyhound dogs used in pari=mutuel wagering are exempted from 26 14 regulation. Finally, the bill provides that the attorney 26 15 general or a county attorney may bring a criminal action in 26 16 order to enforce the provisions of the Code chapter and allows 26 17 a court to provide injunctive relief. LSB 1192SZ (3) 86 da/nh
