Senate
File
2192
-
Introduced
SENATE
FILE
2192
BY
GUTH
A
BILL
FOR
An
Act
relating
to
persons
maintaining
or
overseeing
the
1
maintenance
of
dogs
and
cats,
including
animal
rescues,
2
animal
shelters,
and
pounds,
by
requiring
reports
on
the
3
receipt
and
disposition
of
the
dogs
and
cats,
and
including
4
penalties.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
162.2,
Code
2016,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
2A.
“Animal
foster
care”
means
a
person
who
3
operates
a
private
residence
that
provides
a
dog
or
cat
with
4
temporary
maintenance,
including
shelter
and
care,
if
the
dog
5
or
cat
has
been
accepted
by
a
person
who
is
an
animal
rescue
or
6
is
licensed
as
an
animal
shelter
or
pound
under
this
chapter,
7
if
that
person
is
authorized
by
the
department
to
oversee
the
8
operations
of
the
private
residence.
9
NEW
SUBSECTION
.
2B.
“Animal
rescue”
means
a
person
who
is
10
recognized
by
the
department
to
retain
custody
of
a
dog
or
cat
11
on
a
temporary
basis
until
doing
any
of
the
following:
12
a.
Transferring
the
dog
or
cat
to
an
animal
shelter,
pound,
13
or
another
animal
rescue.
14
b.
Relinquishing
custody
of
the
dog
or
cat
by
sale
to
15
members
of
the
public.
16
Sec.
2.
NEW
SECTION
.
162.4B
Receipt
and
disposition
report.
17
1.
A
person
who
is
an
animal
rescue,
animal
shelter,
or
18
pound
shall
submit
a
receipt
and
disposition
report
to
the
19
department
each
month.
The
report
shall
provide
information
20
describing
the
operations
of
the
person
divided
between
dogs
21
and
cats
under
the
custody
or
oversight
of
the
person
during
22
the
past
month.
The
information
shall
at
least
include
all
of
23
the
following:
24
a.
The
number
of
dogs
and
cats
that
were
received
by
the
25
person.
The
report
shall
also
provide
information
about
the
26
method
of
receipt,
including
all
of
the
following:
27
(1)
Surrender
by
an
owner.
28
(2)
Brought
in
as
a
stray.
29
(3)
Donated
by
a
person
other
than
the
owner.
30
(4)
Impounded
under
section
351.37.
31
(5)
Rescued
under
chapter
717B.
32
(6)
Received
from
another
person
or
organization.
33
(7)
Imported
from
another
state.
34
(8)
Imported
from
another
country
by
any
means.
The
report
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shall
also
provide
the
name
of
the
country.
1
(9)
Returned
by
an
owner
who
had
previously
claimed
the
dog
2
or
cat
from
the
person.
3
b.
The
number
of
dogs
or
cats
that
were
subject
to
4
disposition
by
the
person.
The
report
shall
also
provide
5
information
about
the
method
of
disposition,
including
all
of
6
the
following:
7
(1)
Return
to
the
owner.
8
(2)
Number
of
sales.
9
(3)
Death
other
than
by
euthanasia.
10
(4)
Death
by
euthanasia,
including
for
all
of
the
following:
11
(a)
Upon
request
of
the
owner.
12
(b)
Due
to
the
condition
of
the
dog
or
cat,
including
any
13
of
the
following:
14
(i)
Physical
or
mental
impairment.
15
(ii)
Temperament.
16
(iii)
Age.
The
report
shall
specify
if
the
dog
or
cat
was
17
too
old
or
too
young.
18
(iv)
Size.
19
(v)
Breed.
20
(c)
Due
to
factors
relating
to
the
person’s
ability
to
21
provide
for
confinement.
The
report
shall
further
provide
22
information
regarding
disposition
based
on
the
following:
23
(i)
Space
constraints.
24
(ii)
The
amount
of
time
in
confinement.
25
c.
The
number
of
dogs
or
cats
found
to
be
afflicted
26
by
a
zoonotic
disease
or
parasite
known
to
infect
other
27
vertebrate
animals
or
humans.
The
report
shall
further
provide
28
information
regarding
the
following:
29
(1)
The
name
of
the
zoonotic
disease
or
parasite.
30
(2)
The
name
of
the
originating
source
of
the
zoonotic
31
disease
or
parasite.
32
(3)
The
number
of
other
vertebrate
animals
by
species
that
33
were
afflicted.
34
(4)
The
number
of
other
vertebrate
animals
that
came
into
35
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contact
with
the
afflicted
dog
or
cat
that
were
subject
to
1
disposition
by
sale
or
return
to
owner.
2
2.
A
person
who
is
an
animal
shelter
or
pound
shall
submit
3
a
receipt
and
disposition
report
to
the
department
each
month
4
for
any
animal
foster
care
overseen
by
that
person.
The
report
5
shall
provide
the
same
information
as
required
in
subsection
1.
6
3.
A
person
subject
to
this
section
shall
post
the
most
7
recent
version
of
the
receipt
and
disposition
report
at
a
8
conspicuous
location
clearly
visible
to
the
public
at
the
9
person’s
principal
place
of
operation.
The
person
shall
also
10
publish
the
report
on
an
internet
site
that
the
person
shall
11
establish
and
maintain
as
required
by
the
department.
12
4.
The
receipt
and
disposition
report
shall
be
in
a
form
and
13
posted
and
submitted
according
to
requirements
prescribed
by
14
the
department.
The
department
shall
make
a
report
required
to
15
be
submitted
under
this
section
available
to
the
public
upon
16
request.
17
5.
The
department
shall
annually
compile
the
information
18
submitted
to
the
department
pursuant
to
this
section
in
19
a
compilation
receipt
and
disposition
report.
The
report
20
shall
be
delivered
by
January
15
of
each
year
to
the
21
governor,
legislative
services
agency,
and
chairpersons
and
22
minority
party
ranking
members
of
the
standing
committees
on
23
agriculture.
The
department
shall
also
publish
the
report
on
24
its
internet
site.
25
6.
The
department
may
take
disciplinary
action
against
a
26
commercial
establishment
acting
in
violation
of
this
section
27
as
provided
in
section
162.10D.
28
Sec.
3.
Section
162.12A,
subsection
1,
Code
2016,
is
amended
29
by
adding
the
following
new
paragraph:
30
NEW
PARAGRAPH
.
c.
Notwithstanding
paragraph
“a”
,
a
person
31
who
fails
to
comply
with
section
162.4B
is
subject
to
a
civil
32
penalty
of
not
less
than
one
thousand
dollars
and
not
more
than
33
five
thousand
dollars.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
requires
a
person
who
maintains
dogs
or
cats
as
an
3
animal
rescue
recognized
by
the
department
of
agriculture
and
4
land
stewardship
or
either
an
animal
shelter
or
pound
operating
5
under
a
certificate
of
registration
issued
by
the
department
6
to
prepare
and
publish
a
monthly
receipt
and
disposition
7
report
regarding
dogs
or
cats
under
its
care
or
oversight.
8
The
report
must
be
submitted
to
the
department
as
required
by
9
the
department.
The
report
must
include
detailed
information
10
regarding
the
number
of
dogs
and
cats
that
were
received,
11
subject
to
disposition,
and
found
to
be
suffering
from
a
12
disease
or
parasite.
The
person
is
required
to
post
the
report
13
at
a
conspicuous
location
at
its
principal
place
of
operation
14
and
publish
the
report
on
its
internet
site.
An
animal
rescue,
15
animal
shelter,
or
pound
that
oversees
an
animal
foster
care
16
must
post,
publish,
and
submit
the
same
information
regarding
17
the
operations
of
the
animal
foster
care
that
it
oversees.
18
At
the
beginning
of
each
year
the
department
must
prepare
a
19
compilation
receipt
and
disposition
report
to
be
delivered
to
20
the
governor
and
general
assembly.
An
animal
shelter
or
pound
21
that
fails
to
comply
with
the
bill’s
provisions
is
subject
22
to
disciplinary
action
by
the
department,
which
may
be
the
23
suspension
or
revocation
of
a
certificate
of
registration.
An
24
animal
rescue,
animal
shelter,
or
pound
that
fails
to
comply
25
with
the
bill’s
provisions
is
also
subject
to
a
civil
penalty
26
of
at
least
$1,000
and
not
more
than
$5,000.
27
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