House File 169 - Introduced



                                       HOUSE FILE       
                                       BY  PETTENGILL


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to animal pounds, by authorizing pounds to
  2    provide for foster care, to refer to themselves as animal
  3    shelters, and providing penalties.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1588HH 82
  6 da/es/88

PAG LIN



  1  1    Section 1.  Section 162.2, Code 2007, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  9A.  "Foster care" means to provide for
  1  4 the temporary housing and care of dogs or cats by a foster
  1  5 care provider.
  1  6    NEW SUBSECTION.  9B.  "Foster care facility" means the
  1  7 location where foster care is provided pursuant to an
  1  8 affiliation and under the supervision of a person who owns or
  1  9 operates a pound.
  1 10    NEW SUBSECTION.  9C.  "Foster care provider" means a person
  1 11 who owns or operates a foster care facility.
  1 12    Sec. 2.  Section 162.3, Code 2007, is amended to read as
  1 13 follows:
  1 14    162.3  CERTIFICATE OF REGISTRATION FOR POUND.
  1 15    1.  A pound shall not be operated unless the department
  1 16 issues a certificate of registration for the pound is granted
  1 17 by the secretary to an eligible person.  Application for the a
  1 18 certificate of registration shall be made in the manner
  1 19 approved by the secretary department.  Certificates A
  1 20 certificate of registration expire expires one year from date
  1 21 of issue unless revoked and may be renewed upon application in
  1 22 the manner provided by the secretary department.
  1 23    2.  A registered pound may engage in the sale of dogs or
  1 24 cats under its control, if the privilege is allowed by the
  1 25 department, but no a fee shall not be charged unless the
  1 26 registered pound is privately owned.  The registration fee for
  1 27 a privately owned pound that sells dogs or cats is fifteen
  1 28 dollars per year.
  1 29    3.  Nothing in this chapter prevents a registered pound
  1 30 from designating itself as an animal shelter.  However, the
  1 31 department shall regulate the facility as a pound.
  1 32    Sec. 3.  NEW SECTION.  162.10A  FOSTER CARE PROVIDER.
  1 33    A pound may provide for the foster care of dogs or cats in
  1 34 a foster care facility, pursuant to rules adopted by the
  1 35 department.  A foster care provider shall not sell dogs or
  2  1 cats, except as provided by the department.  The department
  2  2 may require that a foster care provider be issued a
  2  3 certificate of registration by the department in order to own
  2  4 or operate a foster care facility.  However, a fee shall not
  2  5 be imposed upon the pound, foster care provider, or foster
  2  6 care facility for the registration.
  2  7    Sec. 4.  Section 162.13, Code 2007, is amended to read as
  2  8 follows:
  2  9    162.13  PENALTIES.
  2 10    1.  a.  Operation The operation of a pound, animal shelter,
  2 11 pet shop, boarding kennel, commercial kennel, research
  2 12 facility, or public auction, or dealing in dogs or cats, or
  2 13 both, either as a dealer or a commercial breeder, without a
  2 14 currently valid license or a certificate of registration is a
  2 15 simple misdemeanor and each day of operation is a separate
  2 16 offense.
  2 17    b.  The operation of a foster care facility without a
  2 18 currently valid certificate of registration, if required in
  2 19 section 162.10A, is a simple misdemeanor and each day of
  2 20 operation is a separate offense.
  2 21    2.  The failure of any pound, foster care provider,
  2 22 research facility, animal shelter, pet shop, boarding kennel,
  2 23 commercial kennel, commercial breeder, public auction, or
  2 24 dealer, to adequately house, feed, or water dogs, cats, or
  2 25 vertebrate animals in the person's or facility's possession or
  2 26 custody is a simple misdemeanor.  The animals are subject to
  2 27 seizure and impoundment and may be sold or destroyed as
  2 28 provided by rules which shall be adopted by the department
  2 29 pursuant to chapter 17A.  The rules shall provide for the
  2 30 destruction of an animal by a humane method, including by
  2 31 euthanasia.  The failure to meet the requirements of this
  2 32 section is also cause for revocation or suspension of license
  2 33 or registration after public hearing.  The commission of an
  2 34 act declared to be an unlawful practice under section 714.16
  2 35 or prohibited under chapter 717 or 717B, by a person licensed
  3  1 or registered under this chapter is cause for revocation or
  3  2 suspension of the license or registration certificate.
  3  3    3.  Dogs, cats, and other vertebrates upon which euthanasia
  3  4 is permitted by law may be destroyed by a person subject to
  3  5 this chapter or chapter 169, by a humane method, including
  3  6 euthanasia, as provided by rules which shall be adopted by the
  3  7 department pursuant to chapter 17A.
  3  8    4.  It is unlawful for a dealer to knowingly ship a
  3  9 diseased animal.  A dealer violating this paragraph subsection
  3 10 is subject to a fine not exceeding one hundred dollars.  Each
  3 11 diseased animal shipped in violation of this paragraph
  3 12 subsection is a separate offense.
  3 13                           EXPLANATION
  3 14    This bill relates to pounds regulated by the department of
  3 15 agriculture and land stewardship.  A pound is a facility for
  3 16 the prevention of cruelty to animals operated by the state or
  3 17 a political subdivision such as a city (Code section 162.2).
  3 18 The bill allows a pound to refer to itself as an animal
  3 19 shelter, but does not alter its regulatory status.  The bill
  3 20 provides that a pound may arrange to provide for foster care
  3 21 of dogs or cats by a person who is qualified as a foster care
  3 22 provider (operating a foster care facility), pursuant to rules
  3 23 adopted by the department.  A foster care provider is
  3 24 prohibited from selling or exchanging the dogs or cats, except
  3 25 as allowed by the department.  The department may require that
  3 26 the foster care provider be issued a certificate of
  3 27 registration by the department, similar to a pound or animal
  3 28 shelter.  However, the bill prohibits a fee being imposed upon
  3 29 a pound, foster care provider, or foster care facility for
  3 30 such registration.
  3 31    Currently, a pound which fails to adequately care for an
  3 32 animal is guilty of a simple misdemeanor pursuant to Code
  3 33 section 162.13.  This bill provides that the same penalty
  3 34 applies to a foster care provider.
  3 35 LSB 1588HH 82
  4  1 da:nh/es/88