Iowa-2015-SF502-Introduced
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:
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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" 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 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 the animals dogs 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 or harbors keeps three or fewer
1 24 breeding males or females is not a commercial breeder male 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" means an any
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" means a kennel which performs
2 13 grooming, a facility where boarding, or training services are
2 14 provided for dogs or cats in return for a consideration.
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 the operation of
5 6 issuance or renewal of a license to operate a commercial
5 7 establishment by 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 11 a. A certificate of registration for a pound, animal
5 12 shelter, or research facility.
5 13 b. A state license for a boarding kennel, commercial kennel,
5 14 or pet shop.
5 15 c. 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 must be issued a separate state hold a single
5 22 license, certificate of registration, or permit for each class
5 23 of commercial establishment owned or operated 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 authorization A 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 9 authorization's license'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 13 b. 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 department and
9 11 without further special authorization by the general assembly.
9 12 The moneys shall be used exclusively by the department to carry
9 13 out do 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 == state license or
10 35 permit.
11 1 1. A commercial breeder shall only operate pursuant to a
11 2 state license, or a permit, issued or renewed by the department
11 3 as provided in section 162.2A. A commercial breeder who is
11 4 a state licensee shall maintain records as required by the
11 5 department in 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 11 authorization license 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 2 162.10B Commercial establishments == inspecting state
12 3 licensees and registrants Inspections == 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 department may
12 9 shall inspect the commercial establishment of a registrant or
12 10 state licensee by entering onto its business premises at any
12 11 time during normal working business hours. The department may
12 12 shall inspect records required to be maintained by the state
12 13 licensee or registrant commercial establishment as provided
12 14 in this chapter section 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's authorization
14 4 license for violating a violation of a provision of this
14 5 chapter or chapter 717B, or who commits for 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 retaining an authorization
14 20 a 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. Moneys Notwithstanding 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 a certificate
16 8 of registration license issued to the pound or animal shelter
16 9 pursuant to this chapter section 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 the general fund of the state animal 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 of an
20 17 authorization a 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 the authorization license.
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 28 license.
20 29 A pound shall only operate pursuant to a certificate of
20 30 registration license 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 required by the department
20 34 in 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 registration license.
21 5 An animal shelter shall only operate pursuant to a
21 6 certificate of registration license 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 10 by the department in 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 registration license.
21 17 1. A research facility shall only operate pursuant to
21 18 a certificate of registration license issued or renewed by
21 19 the department as provided in section 162.2A. The research
21 20 facility shall maintain records as required by the department
21 21 in 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 26 authorization license 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 == state license.
21 31 1. A pet shop shall only operate pursuant to a state
21 32 license issued or renewed by the department pursuant to section
21 33 162.2A. The pet shop shall maintain records as required by the
21 34 department section 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 3 authorization license 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 == state license.
22 8 A boarding kennel shall only operate pursuant to a state
22 9 license issued by the department as provided in section 162.2A.
22 10 The boarding kennel shall maintain records as required by the
22 11 department section 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 15 authorization license 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 == state license.
22 20 A commercial kennel shall only operate pursuant to a state
22 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 by the department section 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 valid authorization license 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 == state license or permit.
22 33 A dealer shall only operate pursuant to a state license,
22 34 or a permit, issued or renewed by the department as provided
22 35 in section 162.2A. A dealer who is a state licensee shall
23 1 maintain records as required by the department section 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 valid authorization license 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 == state license or
23 12 permit.
23 13 1. A public auction shall only operate pursuant to a state
23 14 license, or a permit, issued or renewed by the department as
23 15 provided in section 162.2A. A public auction which is a state
23 16 licensee shall maintain records as required by the department
23 17 section 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 22 authorization license 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 license or
23 33 registration.
23 34 A certificate of registration An application for a license
23 35 may be denied to 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 existing certificate of
24 4 registration or state license 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, or dealer, 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 to an
24 20 authorization a 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 to an authorization a 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 3 an authorization a 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 9 authorization license 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.
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