Senate File 2233 - Introduced SENATE FILE 2233 BY SENG and McCOY A BILL FOR An Act providing for the treatment of animals other than 1 agricultural animals, by providing for regulation of 2 commercial establishments, providing for reporting of 3 threatened animals, providing for fees, providing penalties, 4 and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5294XS (13) 83 da/rj

S.F. 2233 Section 1. Section 162.1, Code 2009, is amended to read as 1 follows: 2 162.1 Policy Purpose and scope . 3 1. The purpose of this chapter is to do all of the 4 following : 5 1. a. To insure Insure that all dogs and cats handled by 6 boarding kennels, commercial kennels, commercial breeders, 7 dealers, and public auctions commercial establishments are 8 provided with humane care and treatment by regulating . 9 b. Regulate the transportation, sale, purchase, housing, 10 care, handling, and treatment of such animals dogs and cats by 11 persons or organizations engaged in transporting, buying, or 12 selling them and to provide . 13 c. Provide that all vertebrate animals consigned to pet 14 shops are provided humane care and treatment by regulating the 15 transportation, sale, purchase, housing, care, handling, and 16 treatment of such animals by pet shops. 17 2. d. To authorize Authorize the sale, trade, or adoption 18 of only those animals which appear to be free of infectious or 19 communicable disease. 20 3. e. To protect Protect the public from zoonotic disease. 21 2. This chapter does not apply to livestock as defined 22 in section 717.1 or any other agricultural animal used in 23 agricultural production as provided in chapter 717A. 24 Sec. 2. Section 162.2, Code Supplement 2009, is amended by 25 adding the following new subsections: 26 NEW SUBSECTION . 4A. “Animal Welfare Act” means the 27 federal Animal Welfare Act, 7 U.S.C. ch. 54, and regulations 28 promulgated by the United States department of agriculture and 29 published in 9 C.F.R. ch. 1. 30 NEW SUBSECTION . 4B. “Authorization” means a state license, 31 certificate of registration, or permit issued or renewed by the 32 department to a commercial establishment as provided in section 33 162.2A. 34 NEW SUBSECTION . 6A. “Commercial establishment” or 35 -1- LSB 5294XS (13) 83 da/rj 1/ 19

S.F. 2233 “establishment” means an animal shelter, boarding kennel, 1 commercial breeder, commercial kennel, dealer, pet shop, pound, 2 public auction, or research facility. 3 NEW SUBSECTION . 8A. “Department” means the department of 4 agriculture and land stewardship. 5 NEW SUBSECTION . 9A. “Federal license” means a license 6 issued by the United States department of agriculture to a 7 person classified as a dealer or exhibitor pursuant to the 8 federal Animal Welfare Act. 9 NEW SUBSECTION . 9B. “Federal licensee” means a person to 10 whom a federal license as a dealer or exhibitor is issued. 11 NEW SUBSECTION . 10A. “Permittee” means a commercial 12 breeder, dealer, or public auction to whom a permit is issued 13 by the department as a federal licensee pursuant to section 14 162.2A. 15 NEW SUBSECTION . 15A. “Registrant” means a pound, animal 16 shelter, or research facility to whom a certificate of 17 registration is issued by the department pursuant to section 18 162.2A. 19 NEW SUBSECTION . 16A. “State fiscal year” means the fiscal 20 year described in section 3.12. 21 NEW SUBSECTION . 16B. “State licensee” means any of the 22 following: 23 a. A boarding kennel, commercial kennel, or pet shop to whom 24 a state license is issued by the department pursuant to section 25 162.2A. 26 b. A commercial breeder, dealer, or public auction to whom 27 a state license is issued in lieu of a permit by the department 28 pursuant to section 162.2A. 29 Sec. 3. Section 162.2, subsection 13, Code Supplement 2009, 30 is amended to read as follows: 31 13. “Pound” or “dog pound” means a facility for the 32 prevention of cruelty to animals operated by the state, a 33 municipal corporation, or other political subdivision of the 34 state for the purpose of impounding or harboring seized stray, 35 -2- LSB 5294XS (13) 83 da/rj 2/ 19

S.F. 2233 homeless, abandoned or unwanted dogs, cats or other animals; or 1 a facility operated for such a purpose under a contract with 2 any municipal corporation or incorporated society. 3 Sec. 4. NEW SECTION . 162.2A Application, issuance, and 4 renewal of authorizations. 5 1. The department shall provide for the operation 6 of a commercial establishment by issuing or renewing an 7 authorization, including any of the following: 8 a. A certificate of registration for a pound, animal, 9 shelter, or research facility. 10 b. A state license for a boarding kennel, commercial kennel, 11 or pet shop. 12 c. A state license or permit for a commercial breeder, 13 dealer, or public auction. A federal licensee must apply for 14 and be issued either a permit or a state license in lieu of a 15 permit. 16 2. A person must be issued a separate state license, 17 certificate of registration, or permit for each commercial 18 establishment owned or operated by the person. 19 3. A person must apply for the issuance or renewal of an 20 authorization on forms and according to procedures required by 21 rules adopted by the department. The application shall contain 22 information required by the department, including but not 23 limited to all of the following: 24 a. The person’s name. 25 b. The person’s principal office or place of business. 26 c. The name, address, and type of establishment covered by 27 the authorization. 28 d. The beginning and end of the person’s fiscal year. 29 4. The authorization expires on an annual basis as 30 provided by the department, and must be renewed by the 31 commercial establishment on an annual basis on or before the 32 authorization’s expiration date. 33 5. a. A commercial establishment applying for the issuance 34 or renewal of a permit shall provide the department with proof 35 -3- LSB 5294XS (13) 83 da/rj 3/ 19

S.F. 2233 that the person is a federal licensee. 1 b. The department shall not require that it must enter onto 2 the premises of a commercial establishment in order to issue a 3 permit. The department shall not require that it must enter 4 onto the premises of a commercial establishment in order to 5 renew a permit, unless it has reasonable cause to monitor the 6 commercial establishment as provided in section 162.10C. 7 Sec. 5. NEW SECTION . 162.2B Fees. 8 The department shall establish, assess, and collect fees as 9 provided in this section. 10 1. A commercial establishment shall pay authorization fees 11 to the department for the issuance or renewal of a certificate 12 of registration, state license, or permit. 13 a. For the issuance or renewal of a certificate of 14 registration, seventy-five dollars. 15 b. For the issuance or renewal of a state license or permit, 16 one hundred seventy-five dollars. However, a commercial 17 breeder who owns, keeps, breeds, or transports a greyhound dog 18 for pari-mutuel wagering at a racetrack as provided in chapter 19 99D shall pay a different fee for the issuance or renewal of a 20 state license as provided in rules adopted by the department. 21 2. The department shall retain all fees that it collects 22 under this section for the exclusive purpose of administering 23 and enforcing the provisions of this chapter. The fees shall 24 be considered repayment receipts as defined in section 8.2. 25 The general assembly shall appropriate moneys to the department 26 each state fiscal year necessary for the administration and 27 enforcement of this chapter. 28 Sec. 6. Section 162.3, Code 2009, is amended by striking the 29 section and inserting in lieu thereof the following: 30 162.3 Operation of a pound —— certificate of registration. 31 A pound shall only operate pursuant to a certificate of 32 registration issued or renewed by the department as provided 33 in section 162.2A. A pound may sell dogs or cats under its 34 control, if sales are allowed by the department. The pound 35 -4- LSB 5294XS (13) 83 da/rj 4/ 19

S.F. 2233 shall maintain records as required by the department in order 1 for the department to ensure the pound’s compliance with the 2 provisions of this chapter. 3 Sec. 7. Section 162.4, Code 2009, is amended by striking the 4 section and inserting in lieu thereof the following: 5 162.4 Operation of an animal shelter —— certificate of 6 registration. 7 An animal shelter shall only operate pursuant to a 8 certificate of registration issued or renewed by the department 9 as provided in section 162.2A. An animal shelter may sell dogs 10 or cats if sales are allowed by the department. The animal 11 shelter facility shall maintain records as required by the 12 department in order for the department to ensure the animal 13 shelter’s compliance with the provisions of this chapter. 14 Sec. 8. NEW SECTION . 162.4A Operation of a research 15 facility —— certificate of registration. 16 A research facility shall only operate pursuant to a 17 certificate of registration issued by the department as 18 provided in section 162.2A. The research facility shall 19 maintain records as required by the department in order for the 20 department to ensure the research facility’s compliance with 21 the provisions of this chapter. A research facility shall not 22 purchase a dog or cat from a commercial establishment that does 23 not have a valid authorization issued or renewed under this 24 chapter or a similar authorization issued or renewed by another 25 state. 26 Sec. 9. Section 162.5, Code 2009, is amended by striking the 27 section and inserting in lieu thereof the following: 28 162.5 Operation of a pet shop —— state license. 29 A pet shop shall only operate pursuant to a state license 30 issued or renewed by the department pursuant to section 31 162.2A. The pet shop shall maintain records as required by the 32 department in order for the department to ensure the pet shop’s 33 compliance with the provisions of this chapter. A pet shop 34 shall not purchase a dog or cat from a commercial establishment 35 -5- LSB 5294XS (13) 83 da/rj 5/ 19

S.F. 2233 that does not have a valid authorization issued or renewed 1 under this chapter or a similar authorization issued or renewed 2 by another state. 3 Sec. 10. NEW SECTION . 162.5A Operation of a boarding kennel 4 —— state license. 5 A boarding kennel shall only operate pursuant to a state 6 license issued by the department as provided in section 162.2A. 7 The boarding kennel shall maintain records as required by 8 the department in order for the department to ensure the 9 boarding kennel’s compliance with the provisions of this 10 chapter. A boarding kennel shall not purchase a dog or cat 11 from a commercial establishment that does not have a valid 12 authorization issued or renewed under this chapter or a similar 13 authorization issued or renewed by another state. 14 Sec. 11. Section 162.6, Code 2009, is amended by striking 15 the section and inserting in lieu thereof the following: 16 162.6 Operation of a commercial kennel —— state license. 17 A commercial kennel shall only operate pursuant to a state 18 license issued or renewed by the department as provided in 19 section 162.2A. A commercial kennel shall maintain records 20 as required by the department in order for the department to 21 ensure the commercial kennel’s compliance with the provisions 22 of this chapter. A commercial kennel shall not purchase a dog 23 or cat from a commercial establishment that does not have a 24 valid authorization issued or renewed under this chapter or a 25 similar authorization issued or renewed by another state. 26 Sec. 12. Section 162.7, Code 2009, is amended by striking 27 the section and inserting in lieu thereof the following: 28 162.7 Operation of a dealer —— state license or permit. 29 A dealer shall only operate pursuant to a state license, 30 or a permit, issued or renewed by the department as provided 31 in section 162.2A. A dealer who is a state licensee shall 32 maintain records as required by the department in order for the 33 department to ensure compliance with the provisions of this 34 chapter. A dealer who is a permittee may but is not required 35 -6- LSB 5294XS (13) 83 da/rj 6/ 19

S.F. 2233 to maintain records. A dealer shall not purchase a dog or cat 1 from a commercial establishment that does not have a valid 2 authorization issued or renewed under this chapter or a similar 3 authorization issued or renewed by another state. 4 Sec. 13. Section 162.8, Code 2009, is amended by striking 5 the section and inserting in lieu thereof the following: 6 162.8 Operation of a commercial breeder —— state license or 7 permit. 8 A commercial breeder shall only operate pursuant to a state 9 license, or a permit, issued or renewed by the department 10 as provided in section 162.2A. A commercial breeder who is 11 a state licensee shall maintain records as required by the 12 department in order for the department to ensure the commercial 13 breeder’s compliance with the provisions of this chapter. A 14 commercial breeder who is a permittee may but is not required 15 to maintain records. A commercial breeder shall not purchase a 16 dog or cat from a commercial establishment that does not have a 17 valid authorization issued or renewed under this chapter or a 18 similar authorization issued or renewed by another state. 19 Sec. 14. NEW SECTION . 162.9A Operation of a public auction 20 —— state license or permit. 21 A public auction shall only operate pursuant to a state 22 license, or a permit, issued or renewed by the department 23 as provided in section 162.2A. A public auction which is 24 a state licensee shall maintain records as required by the 25 department in order for the department to ensure the public 26 auction’s compliance with the provisions of this chapter. A 27 public auction which is a permittee may but is not required to 28 maintain records. A public auction shall not purchase a dog or 29 cat from a commercial establishment that does not have a valid 30 authorization issued or renewed under this chapter or a similar 31 authorization issued or renewed by another state. 32 Sec. 15. NEW SECTION . 162.10A Commercial establishments —— 33 standard of care. 34 1. a. A commercial establishment shall provide for a 35 -7- LSB 5294XS (13) 83 da/rj 7/ 19

S.F. 2233 standard of care that ensures that an animal in its possession 1 or under its control is not lacking any of the following: 2 (1) Adequate feed, adequate water, housing facilities, 3 sanitary control, or grooming practices, if such lack causes 4 adverse health or suffering. 5 (2) Veterinary care. 6 b. A commercial establishment, other than a research 7 facility or pet shop, shall provide for the standard of care 8 for dogs and cats in its possession or under its control, and a 9 research facility or pet shop shall provide for the standard 10 of care for vertebrate animals in its possession or under its 11 control. 12 2. a. Except as provided in paragraph “b” or “c” , a 13 commercial establishment shall comply with rules that the 14 department adopts to implement subsection 1. A commercial 15 establishment shall be regulated under this paragraph “a” 16 unless the person is a state licensee as provided in paragraph 17 “b” or a permittee as provided in paragraph “c” . 18 b. A state licensee who is a commercial breeder owning, 19 breeding, transporting, or keeping a greyhound dog for 20 pari-mutuel wagering at a racetrack as provided in chapter 99D 21 may be required to comply with different rules adopted by the 22 department. 23 c. A permittee is not required to comply with rules that the 24 department adopts to implement a standard of care as provided 25 in subsection 1 for state licensees and registrants. The 26 department may adopt rules regulating a standard of care for 27 a permittee, so long as the rules are not more restrictive 28 than required for a permittee under the Animal Welfare Act. 29 However, the department may adopt prescriptive rules relating 30 to the standard of care. Regardless of whether the department 31 adopts such rules, a permittee meets the standard of care 32 required in subsection 1, if it voluntarily complies with rules 33 applicable to state licensees or registrants. A finding by 34 the United States department of agriculture that a permittee 35 -8- LSB 5294XS (13) 83 da/rj 8/ 19

S.F. 2233 complies with the Animal Welfare Act is not conclusive when 1 determining that the permittee provides a standard of care 2 required in subsection 1. 3 3. A commercial establishment fails to provide for a 4 standard of care as provided in subsection 1, if the commercial 5 establishment commits abuse as described in section 717B.2, 6 neglect as described in section 717B.3, or torture as provided 7 in section 717B.3A. 8 Sec. 16. NEW SECTION . 162.10B Commercial establishments —— 9 inspecting state licensees and registrants. 10 The department may inspect the commercial establishment of 11 a registrant or state licensee by entering onto its business 12 premises at any time during normal working hours. The 13 department may inspect records required to be maintained by the 14 state licensee or registrant as provided in this chapter. If 15 the owner or person in charge of the commercial establishment 16 refuses admittance, the department may obtain an administrative 17 search warrant issued under section 808.14. 18 Sec. 17. NEW SECTION . 162.10C Commercial establishments 19 —— monitoring permittees. 20 1. The department may monitor the commercial establishment 21 of a permittee by entering onto its business premises at 22 any time during normal working hours. The department shall 23 monitor the commercial establishment for the limited purpose of 24 determining whether the permittee is providing for a standard 25 of care required for permittees under section 162.10A. If 26 the owner or person in charge of the commercial establishment 27 refuses admittance, the department may obtain an administrative 28 search warrant issued under section 808.14. 29 2. In order to enter onto the business premises of a 30 permittee’s commercial establishment, the department must have 31 reasonable cause to suspect that the permittee is not providing 32 for the standard of care required for permittees under section 33 162.10A. Reasonable cause must be supported by any of the 34 following: 35 -9- LSB 5294XS (13) 83 da/rj 9/ 19

S.F. 2233 a. An oral or written complaint received by the department 1 by a person. The complainant must provide the complainant’s 2 name and address and telephone number. Notwithstanding chapter 3 22, the department’s record of a complaint is confidential, 4 unless any of the following apply: 5 (1) The results of the monitoring are used in a contested 6 case proceeding as provided in chapter 17A or in a judicial 7 proceeding. 8 (2) The record is sought in discovery in any administrative, 9 civil, or criminal case. 10 (3) The department’s record of a complaint is filed by a 11 person other than an individual. 12 b. A report prepared by a person employed by the United 13 States department of agriculture that requires a permittee to 14 take action necessary to correct a breach of standard of care 15 required of federal licensees by the Animal Welfare Act or of 16 permittees by section 162.10A. The department is not required 17 to dedicate any number of hours to viewing or analyzing such 18 reports. 19 3. When carrying out this section, the department may 20 cooperate with the United States department of agriculture. 21 The department shall report any findings resulting in an 22 enforcement action under section 162.10D to the United States 23 department of agriculture. 24 Sec. 18. NEW SECTION . 162.10D Commercial establishments 25 —— disciplinary actions. 26 1. The department may take disciplinary action against a 27 person by suspending or revoking the person’s authorization for 28 violating a provision of this chapter or chapter 717B, or who 29 commits an unlawful practice under section 714.16. 30 2. The department may require that an owner, operator, or 31 employee of a commercial establishment subject to disciplinary 32 action under subsection 1 to complete a continuing education 33 program as a condition for retaining an authorization. 34 This section does not prevent a person from voluntarily 35 -10- LSB 5294XS (13) 83 da/rj 10/ 19

S.F. 2233 participating in a continuing education program. 1 3. The department shall administer the continuing education 2 program by either providing direct instruction or selecting 3 persons to provide such instruction. The department is not 4 required to compensate persons for providing the instruction, 5 and may require attendees to pay reasonable fees necessary to 6 compensate the department providing the instruction or a person 7 selected by the department to provide the instruction. The 8 department shall, to every extent possible, select persons to 9 provide the instruction by consulting with organizations that 10 represent commercial establishments, including but not limited 11 to the Iowa pet breeders association. 12 4. The department shall establish the criteria for a 13 continuing education program which shall include at least three 14 and not more than eight hours of instruction. The department 15 shall provide for the program’s beginning and ending dates. 16 However, a person must complete the program in twelve months 17 or less. 18 Sec. 19. Section 162.11, subsections 1 and 3, Code 2009, are 19 amended by striking the subsections. 20 Sec. 20. Section 162.11, subsection 2, Code 2009, is amended 21 by striking the subsection and inserting in lieu thereof the 22 following: 23 2. This chapter does not apply to a federal licensee except 24 as provided in the following: 25 a. Sections 162.1, 162.2, 162.2A, 162.2B, 162.7, 162.8, 26 162.9A, 162.10A, 162.10C, 162.10D, 162.12A, and 162.13. 27 b. Section 162.16 but only to the extent required to 28 implement sections described in paragraph “a” . 29 Sec. 21. NEW SECTION . 162.12A Civil penalties. 30 The department shall establish, impose, and assess civil 31 penalties for violations of this chapter. The department may 32 by rule establish a schedule of civil penalties for violations 33 of this chapter. All civil penalties collected under this 34 section shall be deposited into the general fund of the state. 35 -11- LSB 5294XS (13) 83 da/rj 11/ 19

S.F. 2233 1. a. A commercial establishment that operates pursuant 1 to an authorization issued or renewed under this chapter is 2 subject to a civil penalty of not more than five hundred 3 dollars, regardless of the number of animals possessed or 4 controlled by the commercial establishment, for violating this 5 chapter. Except as provided in paragraph “b” , each day that a 6 violation continues shall be deemed a separate offense. 7 b. This paragraph applies to a commercial establishment 8 that violates a standard of care involving housing as provided 9 in section 162.10A. The departmental official who makes 10 a determination that a violation exists shall provide a 11 corrective plan to the commercial establishment describing how 12 the violation will be corrected within a compliance period of 13 not more than fifteen days from the date of approval by the 14 official of the corrective plan. The civil penalty shall not 15 exceed five hundred dollars for the first day of the violation. 16 After that day, the department shall not impose a civil penalty 17 for the violation during the compliance period. The department 18 shall not impose an additional civil penalty, unless the 19 commercial establishment fails to correct the violation by the 20 end of the compliance period. If the commercial establishment 21 fails to correct the violation by the end of the compliance 22 period, each day that the violation continues shall be deemed a 23 separate offense. 24 2. A commercial establishment that does not operate 25 pursuant to an authorization issued or renewed under this 26 chapter is subject to a civil penalty of not more than one 27 thousand dollars, regardless of the number of animals possessed 28 or controlled by the commercial establishment, for violating 29 this chapter. Each day that a violation continues shall be 30 deemed a separate offense. 31 Sec. 22. Section 162.13, Code 2009, is amended to read as 32 follows: 33 162.13 Penalties Criminal penalties —— confiscation . 34 1. Operation of a pound, animal shelter, pet shop, boarding 35 -12- LSB 5294XS (13) 83 da/rj 12/ 19

S.F. 2233 kennel, commercial kennel, research facility, or public 1 auction, or dealing in dogs or cats, or both, either as a 2 dealer or a commercial breeder, without a currently valid 3 license or a certificate of registration is A person who 4 operates a commercial establishment without an authorization 5 issued or renewed by the department as required in section 6 162.2A is guilty of a simple misdemeanor and each day of 7 operation is a separate offense. 8 2. The failure of any pound, research facility, animal 9 shelter, pet shop, boarding kennel, commercial kennel, 10 commercial breeder, public auction, or dealer, to adequately 11 house, feed, or water dogs, cats, or vertebrate animals in 12 the person’s or facility’s possession or custody a person 13 who owns or operates a commercial establishment to meet the 14 standard of care required in section 162.10A, subsection 1, is 15 a simple misdemeanor. The animals are subject to seizure and 16 impoundment and may be sold or destroyed as provided by rules 17 which shall be adopted by the department pursuant to chapter 18 17A. The rules shall provide for the destruction of an animal 19 by a humane method, including by euthanasia. 20 3. The failure of a person who owns or operates a commercial 21 establishment to meet the requirements of this section is 22 also cause for the suspension or revocation or suspension 23 of license or registration after public hearing of the 24 person’s authorization as provided in section 162.10D . The 25 commission of an act declared to be an unlawful practice under 26 section 714.16 or prohibited under chapter 717 or 717B , by 27 a person licensed or registered under this chapter is cause 28 for revocation or suspension of the license or registration 29 certificate. 30 4. Dogs, cats, and other vertebrates vertebrate 31 animals upon which euthanasia is permitted by law may be 32 destroyed by a person subject to this chapter or chapter 169, 33 by a humane method, including euthanasia, as provided by rules 34 which shall be adopted by the department pursuant to chapter 35 -13- LSB 5294XS (13) 83 da/rj 13/ 19

S.F. 2233 17A. 1 5. It is unlawful for a dealer to knowingly ship a diseased 2 animal. A dealer violating this paragraph is subject to a 3 fine not exceeding one hundred dollars. Each diseased animal 4 shipped in violation of this paragraph is a separate offense. 5 Sec. 23. Section 162.16, Code 2009, is amended by striking 6 the section and inserting in lieu thereof the following: 7 162.16 Rules. 8 The department shall adopt rules and promulgate forms 9 necessary to administer and enforce the provisions of this 10 chapter. 11 Sec. 24. Section 717B.1, Code 2009, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 3A. “Department” means the department of 14 agriculture and land stewardship. 15 Sec. 25. NEW SECTION . 717B.10 Threatened animal reporting 16 by veterinarians. 17 This section applies to a veterinarian who is licensed or who 18 holds a valid temporary permit to practice veterinary medicine 19 in this state pursuant to chapter 169. 20 1. A veterinarian who is presented with an animal for 21 examination or treatment shall file a threatened animal report 22 if the veterinarian determines that the animal is a threatened 23 animal. 24 2. The department shall establish a system of receiving and 25 filing threatened animal reports, including the promulgation 26 of forms. A threatened animal report shall be in writing in 27 a printed or electronic format as required by the department. 28 The threatened animal report shall include information as 29 required by the department which shall at least include all of 30 the following: 31 a. Information identifying the veterinarian. 32 b. Information identifying the responsible party, including 33 the name and address of the responsible party. 34 c. Information identifying the threatened animal, 35 -14- LSB 5294XS (13) 83 da/rj 14/ 19

S.F. 2233 including by family and species classification, the name and a 1 description of the threatened animal, and any other identifying 2 information accessed from an installed identification device 3 as defined in section 169A.1. 4 d. The date that the veterinarian examined or treated the 5 threatened animal. 6 e. A summary description of the threatened animal’s 7 condition and any required treatment whether or not 8 administered. 9 3. A veterinarian shall use best efforts to complete the 10 threatened animal report, but is not required to conduct an 11 inquiry in order to obtain information solely to complete the 12 report. 13 4. A veterinarian who in good faith files a threatened 14 animal report with the department shall not be criminally or 15 civilly liable, including for damages for acts or omissions 16 in preparing or filing the threatened animal report, or 17 cooperating with the department or a local authority. The good 18 faith of the veterinarian is presumed as a matter of law. 19 5. A veterinarian is not required to file a threatened 20 animal report if any of the following apply: 21 a. The veterinarian when examining or treating a threatened 22 animal is any of the following: 23 (1) Employed by the state or local authority. 24 (2) Under contract with state or local authority. 25 (3) Under the supervision of the state or local authority. 26 b. The veterinarian is conducting an examination or 27 treatment pursuant to court order. 28 6. The department may forward a threatened animal report 29 to the local authority where the responsible party resides 30 or where the threatened animal is kept. The department may 31 investigate a commercial establishment identified as the 32 responsible party in a threatened animal report. 33 7. The department shall record a veterinarian who fails to 34 file a threatened animal report as required by this section. 35 -15- LSB 5294XS (13) 83 da/rj 15/ 19

S.F. 2233 Prior to recording the veterinarian, the department shall 1 notify the veterinarian of its determination and provide the 2 veterinarian with an opportunity to contest the determination 3 pursuant to chapter 17A. A veterinarian who is recorded and 4 who subsequently fails to file a threatened animal report 5 is guilty of a simple misdemeanor. The department may 6 refer information regarding such failure subsequent to the 7 veterinarian’s recording under this subsection to the county 8 attorney in the county where the veterinarian is practicing 9 or to the attorney general who may initiate and carry out 10 the prosecution in cooperation, if possible, with the county 11 attorney. 12 Sec. 26. REPEAL. Sections 162.9, 162.10, and 162.18, Code 13 2009, are repealed. 14 Sec. 27. CURRENT DEPARTMENTAL RULES. This Act does not 15 diminish the authority of the department of agriculture and 16 land stewardship to regulate different types of commercial 17 establishments as provided in 21 IAC ch. 67. 18 Sec. 28. ISSUANCE OF PERMITS. This Act does not require 19 a commercial establishment that has been issued or renewed a 20 certificate of registration to be issued a permit earlier than 21 required in section 162.2A for the renewal of a permit. The 22 person shall hold the certificate of registration in the same 23 manner as a permit pursuant to this Act. 24 Sec. 29. EFFECTIVE UPON ENACTMENT. This Act, being deemed 25 of immediate importance, takes effect upon enactment. 26 EXPLANATION 27 GENERAL. This bill provides for the regulation of 28 commercial establishments that possess or control animals, 29 other than animals used for an agricultural purpose, by the 30 department of agriculture and land stewardship. Under current 31 law an animal shelter, pound, or research facility must obtain 32 a certificate of registration; a pet shop, boarding kennel, or 33 commercial kennel must obtain a state license; and a commercial 34 breeder, dealer, and public auction must obtain a certificate 35 -16- LSB 5294XS (13) 83 da/rj 16/ 19

S.F. 2233 of registration because they are federally licensed. The bill 1 provides that a commercial breeder, dealer, and public auction 2 must obtain a permit instead of a certificate of registration. 3 All of these documents are referred to as authorizations. 4 AUTHORIZATION. The bill provides that a commercial 5 establishment must pay a fee for being issued or renewed an 6 authorization. The bill increases fees required to be paid for 7 the issuance or renewal of an authorization. The bill requires 8 the department to establish different fees for greyhounds kept 9 for racing. It places a restriction upon the department’s 10 power to enter onto the premises of a commercial establishment 11 being issued a permit. 12 PURCHASE OF DOGS AND CATS BY UNAUTHORIZED COMMERCIAL 13 ESTABLISHMENTS. The bill prohibits a research facility, pet 14 shop, boarding kennel, commercial kennel, dealer, commercial 15 breeder, or public auction from purchasing a dog or cat from a 16 commercial establishment, that is not authorized in this state 17 or another state. 18 STANDARD OF CARE. The bill requires that commercial 19 establishments must operate pursuant to an authorization and 20 requires registrants and state licensees to maintain records. 21 The bill provides for a general standard of care for all 22 commercial establishments. The commercial establishment must 23 ensure that an animal in its possession or under its control is 24 not lacking adequate feed, adequate water, housing facilities, 25 sanitary control, grooming practices affecting the health of 26 the animal, or veterinary care. A registrant or state licensee 27 must comply with departmental rules, with two exceptions. 28 The department may adopt different rules that apply to state 29 licensees who keep greyhounds for racing. A permittee may meet 30 the standard of care without complying with the departmental 31 rules. It may also fail to meet the standard of care even 32 though it passes a federal inspection. The department may 33 adopt rules implementing a standard of care so long as the 34 rules are not more restrictive than the federal Animal Welfare 35 -17- LSB 5294XS (13) 83 da/rj 17/ 19

S.F. 2233 Act. The bill allows the department to adopt prescriptive 1 rules. A person who commits animal cruelty under Code chapter 2 717B fails to meet the standard of care. 3 ENTERING ONTO THE BUSINESS PREMISES. The bill provides 4 that the department may inspect a registrant or state licensee 5 by entering onto its business premises and may inspect its 6 records. The department may monitor a permittee by entering 7 onto its business premises for the limited purpose of 8 determining whether the permittee is providing for the required 9 standard of care. In order to enter onto the premises of a 10 permittee, the department must have reasonable cause supported 11 by an oral or written complaint or a report filed by the United 12 States department of agriculture. The bill provides for the 13 confidentiality of complaints filed by individuals unless they 14 are relevant to an administrative or court proceeding. 15 DISCIPLINARY ACTIONS. The bill provides that the department 16 may take disciplinary action against a commercial establishment 17 by suspending or revoking the commercial establishment’s 18 authorization. The department may require that an owner, 19 operator, or employee of a commercial establishment complete 20 a continuing education program which is supervised by the 21 department but may be administered by a person selected by the 22 department. 23 EXCEPTIONS. The bill eliminates provisions that exempted 24 federal licensees from regulations. It provides that 25 permittees are subject to regulation as expressly provided in 26 the Code chapter. 27 PENALTIES. The bill authorizes the department to establish, 28 impose, and assess civil penalties for violations of the bill’s 29 provisions. For an authorized commercial establishment the 30 civil penalty is up to $500 per each day of a violation. For a 31 housing violation, the civil penalty is assessed for the first 32 day, but not for the subsequent 15 days to allow for correction 33 according to a departmental plan. 34 Generally a person who violates a standard of care is guilty 35 -18- LSB 5294XS (13) 83 da/rj 18/ 19

S.F. 2233 of a simple misdemeanor. The bill provides that a person 1 who operates a commercial establishment without obtaining an 2 authorization is guilty of a simple misdemeanor. A simple 3 misdemeanor is punishable by confinement for no more than 30 4 days or a fine of at least $65 but not more than $625 or by 5 both. 6 RULES. The bill authorizes the department to adopt rules 7 necessary to administer and enforce the provisions of the bill 8 amending Code chapter 162. It eliminates a provision that 9 provides the department cannot adopt rules more stringent than 10 federal regulations. 11 CURRENT DEPARTMENTAL RULES. The bill provides that it 12 does not diminish the authority of the department to regulate 13 different types of commercial establishments as provided in its 14 rules. 15 MANDATORY REPORTING BY VETERINARIANS. The bill provides 16 that a veterinarian who is licensed or who holds a valid 17 temporary permit to practice veterinary medicine under Code 18 chapter 169 must file a report with the department if the 19 veterinarian determines that an animal other than livestock is 20 threatened by neglect, abuse, or cruelty as those offenses are 21 defined in Code chapter 717B. The bill provides for procedures 22 required to file a report. The department may forward the 23 report to a local authority for enforcement. There is no 24 penalty for a veterinarian who on the first occasion fails to 25 file a report. The bill shields a veterinarian who files a 26 report with the department in good faith from criminal or civil 27 liability. A veterinarian who subsequently fails to file a 28 report after the department provides the veterinarian a warning 29 for the first offense is guilty of a simple misdemeanor. 30 A simple misdemeanor is punishable by confinement for no 31 more than 30 days and a fine of at least $65 but not more than 32 $625 or both. 33 EFFECTIVE DATE. The bill takes effect upon enactment. 34 -19- LSB 5294XS (13) 83 da/rj 19/ 19