House File 435 - Introduced
HOUSE FILE
BY PAULSEN and MERTZ
(COMPANION TO LSB 1990SS BY
LUNDBY)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the regulation of commercial canine
2 operations.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1990HH 81
5 da/cf/24
PAG LIN
1 1 Section 1. NEW SECTION. 331.304B LIMITATIONS ON COUNTY
1 2 LEGISLATION == COMMERCIAL CANINE OPERATIONS.
1 3 County legislation as defined in section 331.304A does not
1 4 apply to a commercial canine operation if the commercial
1 5 canine operation was established on or before January 1, 2000,
1 6 and the person who owns the commercial canine operation is
1 7 licensed or certified as a commercial breeder by the
1 8 department of agriculture and land stewardship pursuant to
1 9 section 162.8.
1 10 Sec. 2. NEW SECTION. 335.2A COMMERCIAL CANINE OPERATIONS
1 11 EXEMPT.
1 12 Except to the extent required to implement section 335.27,
1 13 an ordinance adopted under this chapter does not apply to
1 14 land, residences, or other buildings or structures which are
1 15 primarily adopted, by reason of nature and area, for use as a
1 16 commercial canine operation if the person who owns the
1 17 commercial canine operation is licensed or certified as a
1 18 commercial breeder by the department of agriculture and land
1 19 stewardship pursuant to section 162.8.
1 20 Sec. 3. COMMERCIAL CANINE OPERATIONS ADVISORY COMMITTEE.
1 21 1. A commercial canine operations advisory committee is
1 22 established. The committee shall be composed of nine voting
1 23 members.
1 24 a. The governor shall appoint five members from a list of
1 25 nominations submitted by the Iowa pet breeders association.
1 26 The governor shall appoint two additional members who are
1 27 knowledgeable about keeping and caring for canines. The
1 28 appointments shall comply with the bipartisan and gender
1 29 balance provisions of sections 69.16 and 69.16A.
1 30 b. The director of the department of natural resources
1 31 shall appoint two employees of the department who shall be
1 32 knowledgeable about animal waste management.
1 33 2. The advisory committee shall elect a chairperson and
1 34 meet according to rules adopted by the committee. A majority
1 35 of the members constitutes a quorum and an affirmative vote of
2 1 a majority of members is necessary for substantive action
2 2 taken by the committee. A vacancy in the membership does not
2 3 impair the right of a quorum to exercise all rights and
2 4 perform all duties of the committee.
2 5 3. A member appointed by the governor is entitled to
2 6 receive compensation for actual expenses incurred in the
2 7 discharge of the member's duties on the advisory committee. A
2 8 member is not entitled to receive compensation as otherwise
2 9 provided in section 7E.6.
2 10 4. The advisory committee shall advise the department of
2 11 natural resources regarding the adoption of rules which
2 12 regulate commercial canine operations and are necessary for
2 13 the best management of animal excreta or other commonly
2 14 associated wastes of animals, including, but not limited to,
2 15 bedding, litter, or feed losses.
2 16 5. The advisory committee is abolished on March 1, 2006.
2 17 EXPLANATION
2 18 This bill provides for the regulation of commercial canine
2 19 operations. It provides that county legislation does not
2 20 apply to a commercial canine operation which was established
2 21 on or before January 1, 2000, if the operation's owner is
2 22 licensed by the department of agriculture and land stewardship
2 23 as a commercial breeder. The bill also provides that any
2 24 commercial canine establishment is exempt from county zoning,
2 25 regardless of the date of the operation's establishment.
2 26 The bill establishes a commercial canine operations
2 27 advisory committee. Members of the committee include persons
2 28 appointed by the governor from a list of nominations submitted
2 29 by the Iowa pet breeders association. The governor must
2 30 appoint two additional public members and the director of the
2 31 department of natural resources must also appoint two members.
2 32 The committee is charged to advise the department about
2 33 adopting rules which regulate the management of waste from the
2 34 establishments. The committee is abolished March 1, 2006.
2 35 LSB 1990HH 81
3 1 da:rj/cf/24.2