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
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