Senate Amendment 5100
PAG LIN
1 1 Amend Senate File 2365 as follows:
1 2 #1. By striking page 1, line 1, through page 17,
1 3 line 34, and inserting:
1 4 <Section 1. Section 162.1, Code 2009, is amended to
1 5 read as follows:
1 6 162.1 Policy Purpose and scope.
1 7 1. The purpose of this chapter is to accomplish all
1 8 of the following:
1 9 1. a. To insure Insure that all dogs and
1 10 cats handled by boarding kennels, commercial
1 11 kennels, commercial breeders, dealers, and public
1 12 auctions commercial establishments are provided with
1 13 humane care and treatment by regulating.
1 14 b. Regulate the transportation, sale,
1 15 purchase, housing, care, handling, and treatment
1 16 of such animals dogs and cats by persons or
1 17 organizations engaged in transporting, buying, or
1 18 selling them and to provide.
1 19 c. Provide that all vertebrate animals consigned
1 20 to pet shops are provided humane care and treatment by
1 21 regulating the transportation, sale, purchase, housing,
1 22 care, handling, and treatment of such animals by pet
1 23 shops.
1 24 2. d. To authorize Authorize the sale, trade, or
1 25 adoption of only those animals which appear to be free
1 26 of infectious or communicable disease.
1 27 3. e. To protect Protect the public from zoonotic
1 28 disease.
1 29 2. This chapter does not apply to livestock as
1 30 defined in section 717.1 or any other agricultural
1 31 animal used in agricultural production as provided in
1 32 chapter 717A.
1 33 Sec. 2. Section 162.2, Code Supplement 2009, is
1 34 amended by adding the following new subsections:
1 35 NEW SUBSECTION. 4A. "Animal Welfare Act" means
1 36 the federal Animal Welfare Act, 7 U.S.C. ch. 54, and
1 37 regulations promulgated by the United States department
1 38 of agriculture and published in 9 C.F.R. ch. 1.
1 39 NEW SUBSECTION. 4B. "Authorization" means a
1 40 state license, certificate of registration, or permit
1 41 issued or renewed by the department to a commercial
1 42 establishment as provided in section 162.2A.
1 43 NEW SUBSECTION. 6A. "Commercial establishment"
1 44 or "establishment" means an animal shelter, boarding
1 45 kennel, commercial breeder, commercial kennel, dealer,
1 46 pet shop, pound, public auction, or research facility.
1 47 NEW SUBSECTION. 8A. "Department" means the
1 48 department of agriculture and land stewardship.
1 49 NEW SUBSECTION. 9A. "Federal license" means a
1 50 license issued by the United States department of
2 1 agriculture to a person classified as a dealer or
2 2 exhibitor pursuant to the federal Animal Welfare Act.
2 3 NEW SUBSECTION. 9B. "Federal licensee" means
2 4 a person to whom a federal license as a dealer or
2 5 exhibitor is issued.
2 6 NEW SUBSECTION. 10A. "Permittee" means a
2 7 commercial breeder, dealer, or public auction to whom
2 8 a permit is issued by the department as a federal
2 9 licensee pursuant to section 162.2A.
2 10 NEW SUBSECTION. 15A. "Registrant" means a pound,
2 11 animal shelter, or research facility to whom a
2 12 certificate of registration is issued by the department
2 13 pursuant to section 162.2A.
2 14 NEW SUBSECTION. 16A. "State fiscal year" means the
2 15 fiscal year described in section 3.12.
2 16 NEW SUBSECTION. 16B. "State licensee" means any of
2 17 the following:
2 18 a. A boarding kennel, commercial kennel, or
2 19 pet shop to whom a state license is issued by the
2 20 department pursuant to section 162.2A.
2 21 b. A commercial breeder, dealer, or public auction
2 22 to whom a state license is issued in lieu of a permit
2 23 by the department pursuant to section 162.2A.
2 24 Sec. 3. Section 162.2, subsections 6 and 13, Code
2 25 Supplement 2009, are amended to read as follows:
2 26 6. "Commercial breeder" means a person, engaged
2 27 in the business of breeding dogs or cats, who sells,
2 28 exchanges, or leases dogs or cats in return for
2 29 consideration, or who offers to do so, whether or
2 30 not the animals are raised, trained, groomed, or
2 31 boarded by the person. A person who owns or harbors
2 32 three or fewer breeding males or females is not a
2 33 commercial breeder. However, a person who breeds or
2 34 harbors more than three any number of breeding male or
2 35 female greyhounds for the purposes of using them for
2 36 pari=mutuel racing wagering at a racetrack as provided
2 37 in chapter 99D shall be considered a commercial breeder
2 38 irrespective of whether the person sells, leases, or
2 39 exchanges the greyhounds for consideration or offers
2 40 to do so.
2 41 13. "Pound" or "dog pound" means a facility for the
2 42 prevention of cruelty to animals operated by the state,
2 43 a municipal corporation, or other political subdivision
2 44 of the state for the purpose of impounding or harboring
2 45 seized stray, homeless, abandoned or unwanted dogs,
2 46 cats or other animals; or a facility operated for
2 47 such a purpose under a contract with any municipal
2 48 corporation or incorporated society.
2 49 Sec. 4. NEW SECTION. 162.2A Application, issuance,
2 50 and renewal of authorizations.
3 1 1. The department shall provide for the operation
3 2 of a commercial establishment by issuing or renewing an
3 3 authorization, including any of the following:
3 4 a. A certificate of registration for a pound,
3 5 animal, shelter, or research facility.
3 6 b. A state license for a boarding kennel,
3 7 commercial kennel, or pet shop.
3 8 c. A state license or permit for a commercial
3 9 breeder, dealer, or public auction. A federal licensee
3 10 must apply for and be issued either a permit or a state
3 11 license in lieu of a permit.
3 12 2. A person must be issued a separate state
3 13 license, certificate of registration, or permit for
3 14 each commercial establishment owned or operated by the
3 15 person.
3 16 3. A person must apply for the issuance or
3 17 renewal of an authorization on forms and according to
3 18 procedures required by rules adopted by the department.
3 19 The application shall contain information required by
3 20 the department, including but not limited to all of the
3 21 following:
3 22 a. The person's name.
3 23 b. The person's principal office or place of
3 24 business.
3 25 c. The name, address, and type of establishment
3 26 covered by the authorization.
3 27 d. The person's identification number.
3 28 Notwithstanding chapter 22, the department shall keep
3 29 the person's tax identification number confidential
3 30 except for purposes of tax administration by the
3 31 department of revenue, including as provided in section
3 32 421.18.
3 33 4. The authorization expires on an annual basis
3 34 as provided by the department, and must be renewed by
3 35 the commercial establishment on an annual basis on or
3 36 before the authorization's expiration date.
3 37 5. a. A commercial establishment applying for
3 38 the issuance or renewal of a permit shall provide the
3 39 department with proof that the person is a federal
3 40 licensee.
3 41 b. The department shall not require that it must
3 42 enter onto the premises of a commercial establishment
3 43 in order to issue a permit. The department shall
3 44 not require that it must enter onto the premises
3 45 of a commercial establishment in order to renew a
3 46 permit, unless it has reasonable cause to monitor
3 47 the commercial establishment as provided in section
3 48 162.10C.
3 49 Sec. 5. NEW SECTION. 162.2B Fees.
3 50 The department shall establish, assess, and collect
4 1 fees as provided in this section.
4 2 1. A commercial establishment shall pay
4 3 authorization fees to the department for the issuance
4 4 or renewal of a certificate of registration, state
4 5 license, or permit.
4 6 a. For the issuance or renewal of a certificate of
4 7 registration, seventy=five dollars.
4 8 b. For the issuance or renewal of a state license
4 9 or permit, one hundred seventy=five dollars. However,
4 10 a commercial breeder who owns, keeps, breeds, or
4 11 transports a greyhound dog for pari=mutuel wagering
4 12 at a racetrack as provided in chapter 99D shall pay a
4 13 different fee for the issuance or renewal of a state
4 14 license as provided in rules adopted by the department.
4 15 2. The department shall retain all fees that it
4 16 collects under this section for the exclusive purpose
4 17 of administering and enforcing the provisions of
4 18 this chapter. The fees shall be considered repayment
4 19 receipts as defined in section 8.2. The general
4 20 assembly shall appropriate moneys to the department
4 21 each state fiscal year necessary for the administration
4 22 and enforcement of this chapter.
4 23 Sec. 6. Section 162.3, Code 2009, is amended by
4 24 striking the section and inserting in lieu thereof the
4 25 following:
4 26 162.3 Operation of a pound == certificate of
4 27 registration.
4 28 A pound shall only operate pursuant to a certificate
4 29 of registration issued or renewed by the department
4 30 as provided in section 162.2A. A pound may sell dogs
4 31 or cats under its control, if sales are allowed by
4 32 the department. The pound shall maintain records as
4 33 required by the department in order for the department
4 34 to ensure the pound's compliance with the provisions
4 35 of this chapter.
4 36 Sec. 7. Section 162.4, Code 2009, is amended by
4 37 striking the section and inserting in lieu thereof the
4 38 following:
4 39 162.4 Operation of an animal shelter == certificate
4 40 of registration.
4 41 An animal shelter shall only operate pursuant to a
4 42 certificate of registration issued or renewed by the
4 43 department as provided in section 162.2A. An animal
4 44 shelter may sell dogs or cats if sales are allowed
4 45 by the department. The animal shelter facility shall
4 46 maintain records as required by the department in order
4 47 for the department to ensure the animal shelter's
4 48 compliance with the provisions of this chapter.
4 49 Sec. 8. NEW SECTION. 162.4A Operation of a
4 50 research facility == certificate of registration.
5 1 A research facility shall only operate pursuant to a
5 2 certificate of registration issued by the department
5 3 as provided in section 162.2A. The research facility
5 4 shall maintain records as required by the department
5 5 in order for the department to ensure the research
5 6 facility's compliance with the provisions of this
5 7 chapter. A research facility shall not purchase a dog
5 8 or cat from a commercial establishment that does not
5 9 have a valid authorization issued or renewed under this
5 10 chapter or a similar authorization issued or renewed
5 11 by another state.
5 12 Sec. 9. Section 162.5, Code 2009, is amended by
5 13 striking the section and inserting in lieu thereof the
5 14 following:
5 15 162.5 Operation of a pet shop == state license.
5 16 A pet shop shall only operate pursuant to a state
5 17 license issued or renewed by the department pursuant to
5 18 section 162.2A. The pet shop shall maintain records as
5 19 required by the department in order for the department
5 20 to ensure the pet shop's compliance with the provisions
5 21 of this chapter. A pet shop shall not purchase a dog
5 22 or cat from a commercial establishment that does not
5 23 have a valid authorization issued or renewed under this
5 24 chapter or a similar authorization issued or renewed
5 25 by another state.
5 26 Sec. 10. NEW SECTION. 162.5A Operation of a
5 27 boarding kennel == state license.
5 28 A boarding kennel shall only operate pursuant to
5 29 a state license issued by the department as provided
5 30 in section 162.2A. The boarding kennel shall maintain
5 31 records as required by the department in order for the
5 32 department to ensure the boarding kennel's compliance
5 33 with the provisions of this chapter. A boarding kennel
5 34 shall not purchase a dog or cat from a commercial
5 35 establishment that does not have a valid authorization
5 36 issued or renewed under this chapter or a similar
5 37 authorization issued or renewed by another state.
5 38 Sec. 11. Section 162.6, Code 2009, is amended by
5 39 striking the section and inserting in lieu thereof the
5 40 following:
5 41 162.6 Operation of a commercial kennel == state
5 42 license.
5 43 A commercial kennel shall only operate pursuant to a
5 44 state license issued or renewed by the department as
5 45 provided in section 162.2A. A commercial kennel shall
5 46 maintain records as required by the department in order
5 47 for the department to ensure the commercial kennel's
5 48 compliance with the provisions of this chapter. A
5 49 commercial kennel shall not purchase a dog or cat from
5 50 a commercial establishment that does not have a valid
6 1 authorization issued or renewed under this chapter or
6 2 a similar authorization issued or renewed by another
6 3 state.
6 4 Sec. 12. Section 162.7, Code 2009, is amended by
6 5 striking the section and inserting in lieu thereof the
6 6 following:
6 7 162.7 Operation of a dealer == state license or
6 8 permit.
6 9 A dealer shall only operate pursuant to a state
6 10 license, or a permit, issued or renewed by the
6 11 department as provided in section 162.2A. A dealer who
6 12 is a state licensee shall maintain records as required
6 13 by the department in order for the department to ensure
6 14 compliance with the provisions of this chapter. A
6 15 dealer who is a permittee may, but is not required to
6 16 maintain records. A dealer shall not purchase a dog
6 17 or cat from a commercial establishment that does not
6 18 have a valid authorization issued or renewed under this
6 19 chapter or a similar authorization issued or renewed
6 20 by another state.
6 21 Sec. 13. Section 162.8, Code 2009, is amended by
6 22 striking the section and inserting in lieu thereof the
6 23 following:
6 24 162.8 Operation of a commercial breeder == state
6 25 license or permit.
6 26 A commercial breeder shall only operate pursuant
6 27 to a state license, or a permit, issued or renewed
6 28 by the department as provided in section 162.2A. A
6 29 commercial breeder who is a state licensee shall
6 30 maintain records as required by the department in order
6 31 for the department to ensure the commercial breeder's
6 32 compliance with the provisions of this chapter. A
6 33 commercial breeder who is a permittee may but is not
6 34 required to maintain records. A commercial breeder
6 35 shall not purchase a dog or cat from a commercial
6 36 establishment that does not have a valid authorization
6 37 issued or renewed under this chapter or a similar
6 38 authorization issued or renewed by another state.
6 39 Sec. 14. NEW SECTION. 162.9A Operation of a public
6 40 auction == state license or permit.
6 41 A public auction shall only operate pursuant to a
6 42 state license, or a permit, issued or renewed by the
6 43 department as provided in section 162.2A. A public
6 44 auction which is a state licensee shall maintain
6 45 records as required by the department in order for the
6 46 department to ensure the public auction's compliance
6 47 with the provisions of this chapter. A public auction
6 48 which is a permittee may but is not required to
6 49 maintain records. A public auction shall not purchase
6 50 a dog or cat from a commercial establishment that does
7 1 not have a valid authorization issued or renewed under
7 2 this chapter or a similar authorization issued or
7 3 renewed by another state.
7 4 Sec. 15. NEW SECTION. 162.10A Commercial
7 5 establishments == standard of care.
7 6 1. a. A commercial establishment shall provide for
7 7 a standard of care that ensures that an animal in its
7 8 possession or under its control is not lacking any of
7 9 the following:
7 10 (1) Adequate feed, adequate water, housing
7 11 facilities, sanitary control, or grooming practices, if
7 12 such lack causes adverse health or suffering.
7 13 (2) Veterinary care.
7 14 b. A commercial establishment, other than a
7 15 research facility or pet shop, shall provide for the
7 16 standard of care for dogs and cats in its possession or
7 17 under its control, and a research facility or pet shop
7 18 shall provide for the standard of care for vertebrate
7 19 animals in its possession or under its control.
7 20 2. a. Except as provided in paragraph "b" or "c",
7 21 a commercial establishment shall comply with rules that
7 22 the department adopts to implement subsection 1. A
7 23 commercial establishment shall be regulated under this
7 24 paragraph "a" unless the person is a state licensee as
7 25 provided in paragraph "b" or a permittee as provided in
7 26 paragraph "c".
7 27 b. A state licensee who is a commercial breeder
7 28 owning, breeding, transporting, or keeping a greyhound
7 29 dog for pari=mutuel wagering at a racetrack as provided
7 30 in chapter 99D may be required to comply with different
7 31 rules adopted by the department.
7 32 c. A permittee is not required to comply with rules
7 33 that the department adopts to implement a standard of
7 34 care as provided in subsection 1 for state licensees
7 35 and registrants. The department may adopt rules
7 36 regulating a standard of care for a permittee, so long
7 37 as the rules are not more restrictive than required for
7 38 a permittee under the Animal Welfare Act. However, the
7 39 department may adopt prescriptive rules relating to the
7 40 standard of care. Regardless of whether the department
7 41 adopts such rules, a permittee meets the standard
7 42 of care required in subsection 1, if it voluntarily
7 43 complies with rules applicable to state licensees or
7 44 registrants. A finding by the United States department
7 45 of agriculture that a permittee complies with the
7 46 Animal Welfare Act is not conclusive when determining
7 47 that the permittee provides a standard of care required
7 48 in subsection 1.
7 49 3. A commercial establishment fails to provide for
7 50 a standard of care as provided in subsection 1, if the
8 1 commercial establishment commits abuse as described in
8 2 section 717B.2, neglect as described in section 717B.3,
8 3 or torture as provided in section 717B.3A.
8 4 Sec. 16. NEW SECTION. 162.10B Commercial
8 5 establishments == inspecting state licensees and
8 6 registrants.
8 7 The department may inspect the commercial
8 8 establishment of a registrant or state licensee
8 9 by entering onto its business premises at any time
8 10 during normal working hours. The department may
8 11 inspect records required to be maintained by the state
8 12 licensee or registrant as provided in this chapter.
8 13 If the owner or person in charge of the commercial
8 14 establishment refuses admittance, the department may
8 15 obtain an administrative search warrant issued under
8 16 section 808.14.
8 17 Sec. 17. NEW SECTION. 162.10C Commercial
8 18 establishments == monitoring permittees.
8 19 1. The department may monitor the commercial
8 20 establishment of a permittee by entering onto its
8 21 business premises at any time during normal working
8 22 hours. The department shall monitor the commercial
8 23 establishment for the limited purpose of determining
8 24 whether the permittee is providing for a standard of
8 25 care required for permittees under section 162.10A.
8 26 If the owner or person in charge of the commercial
8 27 establishment refuses admittance, the department may
8 28 obtain an administrative search warrant issued under
8 29 section 808.14.
8 30 2. In order to enter onto the business premises
8 31 of a permittee's commercial establishment, the
8 32 department must have reasonable cause to suspect that
8 33 the permittee is not providing for the standard of
8 34 care required for permittees under section 162.10A.
8 35 Reasonable cause must be supported by any of the
8 36 following:
8 37 a. An oral or written complaint received by the
8 38 department by a person. The complainant must provide
8 39 the complainant's name and address and telephone
8 40 number. Notwithstanding chapter 22, the department's
8 41 record of a complaint is confidential, unless any of
8 42 the following apply:
8 43 (1) The results of the monitoring are used in a
8 44 contested case proceeding as provided in chapter 17A or
8 45 in a judicial proceeding.
8 46 (2) The record is sought in discovery in any
8 47 administrative, civil, or criminal case.
8 48 (3) The department's record of a complaint is filed
8 49 by a person other than an individual.
8 50 b. A report prepared by a person employed by the
9 1 United States department of agriculture that requires a
9 2 permittee to take action necessary to correct a breach
9 3 of standard of care required of federal licensees by
9 4 the Animal Welfare Act or of permittees by section
9 5 162.10A. The department is not required to dedicate
9 6 any number of hours to viewing or analyzing such
9 7 reports.
9 8 3. When carrying out this section, the department
9 9 may cooperate with the United States department of
9 10 agriculture. The department shall report any findings
9 11 resulting in an enforcement action under section
9 12 162.10D to the United States department of agriculture.
9 13 Sec. 18. NEW SECTION. 162.10D Commercial
9 14 establishments == disciplinary actions.
9 15 1. The department may take disciplinary action
9 16 against a person by suspending or revoking the person's
9 17 authorization for violating a provision of this chapter
9 18 or chapter 717B, or who commits an unlawful practice
9 19 under section 714.16.
9 20 2. The department may require that an owner,
9 21 operator, or employee of a commercial establishment
9 22 subject to disciplinary action under subsection 1 to
9 23 complete a continuing education program as a condition
9 24 for retaining an authorization. This section does not
9 25 prevent a person from voluntarily participating in a
9 26 continuing education program.
9 27 3. The department shall administer the continuing
9 28 education program by either providing direct
9 29 instruction or selecting persons to provide such
9 30 instruction. The department is not required to
9 31 compensate persons for providing the instruction, and
9 32 may require attendees to pay reasonable fees necessary
9 33 to compensate the department providing the instruction
9 34 or a person selected by the department to provide the
9 35 instruction. The department shall, to every extent
9 36 possible, select persons to provide the instruction by
9 37 consulting with organizations that represent commercial
9 38 establishments, including but not limited to the Iowa
9 39 pet breeders association.
9 40 4. The department shall establish the criteria for
9 41 a continuing education program which shall include
9 42 at least three and not more than eight hours of
9 43 instruction. The department shall provide for the
9 44 program's beginning and ending dates. However, a
9 45 person must complete the program in twelve months or
9 46 less.
9 47 Sec. 19. Section 162.11, subsections 1 and 3, Code
9 48 2009, are amended by striking the subsections.
9 49 Sec. 20. Section 162.11, subsection 2, Code 2009,
9 50 is amended by striking the subsection and inserting in
10 1 lieu thereof the following:
10 2 2. This chapter does not apply to a federal
10 3 licensee except as provided in the following:
10 4 a. Section 162.1, subsection 2, and sections 162.2,
10 5 162.2A, 162.2B, 162.7, 162.8, 162.9A, 162.10A, 162.10C,
10 6 162.10D, 162.12A, and 162.13.
10 7 b. Section 162.1, subsection 1, but only to the
10 8 extent required to implement sections described in
10 9 paragraph "a".
10 10 c. Section 162.16 but only to the extent required
10 11 to implement sections described in paragraph "a".
10 12 Sec. 21. Section 162.12, Code 2009, is amended to
10 13 read as follows:
10 14 162.12 Denial or revocation of license or
10 15 registration.
10 16 A certificate of registration may be denied to any
10 17 animal shelter, pound, or animal shelter research
10 18 facility and a state license or certificate of
10 19 registration may be denied to any public auction,
10 20 boarding kennel, commercial kennel, research
10 21 facility, pet shop, commercial breeder, or dealer,
10 22 or an existing certificate of registration or
10 23 state license may be revoked by the secretary if, after
10 24 public hearing, it is determined that the housing
10 25 facilities or primary enclosures are inadequate under
10 26 this chapter or if the feeding, watering, cleaning,
10 27 and housing practices at the pound, animal shelter,
10 28 public auction, pet shop, boarding kennel, commercial
10 29 kennel, research facility, or those practices by the
10 30 commercial breeder or dealer, are not in compliance
10 31 with this chapter or with the rules adopted pursuant
10 32 to this chapter. The premises of each registrant or
10 33 state licensee or certificate holder shall be open for
10 34 inspection during normal business hours.
10 35 Sec. 22. NEW SECTION. 162.12A Civil penalties.
10 36 The department shall establish, impose, and assess
10 37 civil penalties for violations of this chapter. The
10 38 department may by rule establish a schedule of civil
10 39 penalties for violations of this chapter. All civil
10 40 penalties collected under this section shall be
10 41 deposited into the general fund of the state.
10 42 1. a. A commercial establishment that operates
10 43 pursuant to an authorization issued or renewed under
10 44 this chapter is subject to a civil penalty of not more
10 45 than five hundred dollars, regardless of the number
10 46 of animals possessed or controlled by the commercial
10 47 establishment, for violating this chapter. Except as
10 48 provided in paragraph "b", each day that a violation
10 49 continues shall be deemed a separate offense.
10 50 b. This paragraph applies to a commercial
11 1 establishment that violates a standard of care
11 2 involving housing as provided in section 162.10A. The
11 3 departmental official who makes a determination that a
11 4 violation exists shall provide a corrective plan to the
11 5 commercial establishment describing how the violation
11 6 will be corrected within a compliance period of not
11 7 more than fifteen days from the date of approval by the
11 8 official of the corrective plan. The civil penalty
11 9 shall not exceed five hundred dollars for the first
11 10 day of the violation. After that day, the department
11 11 shall not impose a civil penalty for the violation
11 12 during the compliance period. The department shall
11 13 not impose an additional civil penalty, unless the
11 14 commercial establishment fails to correct the violation
11 15 by the end of the compliance period. If the commercial
11 16 establishment fails to correct the violation by the end
11 17 of the compliance period, each day that the violation
11 18 continues shall be deemed a separate offense.
11 19 2. A commercial establishment that does not operate
11 20 pursuant to an authorization issued or renewed under
11 21 this chapter is subject to a civil penalty of not more
11 22 than one thousand dollars, regardless of the number
11 23 of animals possessed or controlled by the commercial
11 24 establishment, for violating this chapter. Each day
11 25 that a violation continues shall be deemed a separate
11 26 offense.
11 27 Sec. 23. Section 162.13, Code 2009, is amended to
11 28 read as follows:
11 29 162.13 Penalties Criminal penalties == confiscation.
11 30 1. Operation of a pound, animal shelter, pet shop,
11 31 boarding kennel, commercial kennel, research facility,
11 32 or public auction, or dealing in dogs or cats, or
11 33 both, either as a dealer or a commercial breeder,
11 34 without a currently valid license or a certificate of
11 35 registration is A person who operates a commercial
11 36 establishment without an authorization issued or
11 37 renewed by the department as required in section 162.2A
11 38 is guilty of a simple misdemeanor and each day of
11 39 operation is a separate offense.
11 40 2. The failure of any pound, research facility,
11 41 animal shelter, pet shop, boarding kennel, commercial
11 42 kennel, commercial breeder, public auction, or dealer,
11 43 to adequately house, feed, or water dogs, cats, or
11 44 vertebrate animals in the person's or facility's
11 45 possession or custody a person who owns or operates a
11 46 commercial establishment to meet the standard of care
11 47 required in section 162.10A, subsection 1, is a simple
11 48 misdemeanor. The animals are subject to seizure and
11 49 impoundment and may be sold or destroyed as provided by
11 50 rules which shall be adopted by the department pursuant
12 1 to chapter 17A. The rules shall provide for the
12 2 destruction of an animal by a humane method, including
12 3 by euthanasia.
12 4 3. The failure of a person who owns or operates
12 5 a commercial establishment to meet the requirements
12 6 of this section is also cause for the suspension
12 7 or revocation or suspension of license or registration
12 8 after public hearing of the person's authorization as
12 9 provided in section 162.10D. The commission of an
12 10 act declared to be an unlawful practice under section
12 11 714.16 or prohibited under chapter 717 or 717B, by a
12 12 person licensed or registered under this chapter is
12 13 cause for revocation or suspension of the license or
12 14 registration certificate.
12 15 4. Dogs, cats, and other vertebrates vertebrate
12 16 animals upon which euthanasia is permitted by law may
12 17 be destroyed by a person subject to this chapter or
12 18 chapter 169, by a humane method, including euthanasia,
12 19 as provided by rules which shall be adopted by the
12 20 department pursuant to chapter 17A.
12 21 5. It is unlawful for a dealer to knowingly
12 22 ship a diseased animal. A dealer violating this
12 23 paragraph subsection is subject to a fine not exceeding
12 24 one hundred dollars. Each diseased animal shipped in
12 25 violation of this paragraph subsection is a separate
12 26 offense.
12 27 Sec. 24. Section 162.16, Code 2009, is amended by
12 28 striking the section and inserting in lieu thereof the
12 29 following:
12 30 162.16 Rules.
12 31 The department shall adopt rules and promulgate
12 32 forms necessary to administer and enforce the
12 33 provisions of this chapter.
12 34 Sec. 25. Section 717B.1, Code 2009, is amended by
12 35 adding the following new subsection:
12 36 NEW SUBSECTION. 3A. "Department" means the
12 37 department of agriculture and land stewardship.
12 38 Sec. 26. REPEAL. Sections 162.9, 162.10, and
12 39 162.18, Code 2009, are repealed.
12 40 Sec. 27. CURRENT DEPARTMENTAL RULES. This Act
12 41 does not diminish the authority of the department of
12 42 agriculture and land stewardship to regulate different
12 43 types of commercial establishments as provided in 21
12 44 IAC ch. 67.
12 45 Sec. 28. ISSUANCE OF PERMITS. This Act does not
12 46 require a commercial establishment that has been issued
12 47 or renewed a certificate of registration to be issued
12 48 a permit earlier than required in section 162.2A for
12 49 the renewal of a permit. The person shall hold the
12 50 certificate of registration in the same manner as a
13 1 permit pursuant to this Act.
13 2 Sec. 29. EFFECTIVE UPON ENACTMENT. This Act, being
13 3 deemed of immediate importance, takes effect upon
13 4 enactment.>
13 5 #2. Title page, by striking lines 1 through 5 and
13 6 inserting <An Act providing for the treatment of
13 7 animals other than agricultural animals, by providing
13 8 for regulation of commercial establishments, providing
13 9 for fees, providing penalties, and including effective
13 10 date provisions.>
MATT McCOY
SF2365.1353 (2) 83
da/rj
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