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 poundis granted 1 17 by the secretaryto an eligible person. Application forthea 1 18 certificate of registration shall be made in the manner 1 19 approved by thesecretarydepartment.CertificatesA 1 20 certificate of registrationexpireexpires one year from date 1 21 of issue unless revoked and may be renewed upon application in 1 22 the manner provided by thesecretarydepartment. 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, butnoa 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.OperationThe 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, eitheras 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 thisparagraphsubsection 3 10 is subject to a fine not exceeding one hundred dollars. Each 3 11 diseased animal shipped in violation of thisparagraph3 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