House File 547 - Introduced HOUSE FILE BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO HF 169) 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 temporary placement, to refer to themselves as 3 animal shelters, and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1588HV 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. 16A. "Temporary placement" means to 1 4 provide for the temporary housing and care of dogs or cats by 1 5 a temporary placement provider. 1 6 NEW SUBSECTION. 16B. "Temporary placement facility" means 1 7 the location where temporary placement is provided pursuant to 1 8 an affiliation and under the supervision of a person who owns 1 9 or operates a pound. 1 10 NEW SUBSECTION. 16C. "Temporary placement provider" means 1 11 a person who owns or operates a temporary placement 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 TEMPORARY PLACEMENT 1 33 PROVIDER. 1 34 A pound may provide for the temporary placement of dogs or 1 35 cats in a temporary placement facility, pursuant to rules 2 1 adopted by the department. A temporary placement provider 2 2 shall not sell dogs or cats, except as provided by the 2 3 department. The department may require that a temporary 2 4 placement provider be issued a certificate of registration by 2 5 the department in order to own or operate a temporary 2 6 placement facility. However, a fee shall not be imposed upon 2 7 the pound, temporary placement provider, or temporary 2 8 placement facility for the registration. 2 9 Sec. 4. Section 162.13, Code 2007, is amended to read as 2 10 follows: 2 11 162.13 PENALTIES. 2 12 1. a.OperationThe operation of a pound, animal shelter, 2 13 pet shop, boarding kennel, commercial kennel, research 2 14 facility, or public auction, or dealing in dogs or cats,or 2 15 both, eitheras a dealer or a commercial breeder, without a 2 16 currently valid license or a certificate of registration is a 2 17 simple misdemeanor and each day of operation is a separate 2 18 offense. 2 19 b. The operation of a temporary placement facility without 2 20 a currently valid certificate of registration, if required in 2 21 section 162.10A, is a simple misdemeanor and each day of 2 22 operation is a separate offense. 2 23 2. The failure of any pound, temporary placement provider, 2 24 research facility, animal shelter, pet shop, boarding kennel, 2 25 commercial kennel, commercial breeder, public auction, or 2 26 dealer, to adequately house, feed, or water dogs, cats, or 2 27 vertebrate animals in the person's or facility's possession or 2 28 custody is a simple misdemeanor. The animals are subject to 2 29 seizure and impoundment and may be sold or destroyed as 2 30 provided by rules which shall be adopted by the department 2 31 pursuant to chapter 17A. The rules shall provide for the 2 32 destruction of an animal by a humane method, including by 2 33 euthanasia. The failure to meet the requirements of this 2 34 section is also cause for revocation or suspension of license 2 35 or registration after public hearing. The commission of an 3 1 act declared to be an unlawful practice under section 714.16 3 2 or prohibited under chapter 717 or 717B, by a person licensed 3 3 or registered under this chapter is cause for revocation or 3 4 suspension of the license or registration certificate. 3 5 3. Dogs, cats, and other vertebrates upon which euthanasia 3 6 is permitted by law may be destroyed by a person subject to 3 7 this chapter or chapter 169, by a humane method, including 3 8 euthanasia, as provided by rules which shall be adopted by the 3 9 department pursuant to chapter 17A. 3 10 4. It is unlawful for a dealer to knowingly ship a 3 11 diseased animal. A dealer violating thisparagraphsubsection 3 12 is subject to a fine not exceeding one hundred dollars. Each 3 13 diseased animal shipped in violation of thisparagraph3 14 subsection is a separate offense. 3 15 EXPLANATION 3 16 This bill relates to pounds regulated by the department of 3 17 agriculture and land stewardship. A pound is a facility for 3 18 the prevention of cruelty to animals operated by the state or 3 19 a political subdivision such as a city (Code section 162.2). 3 20 The bill allows a pound to refer to itself as an animal 3 21 shelter, but does not alter its regulatory status. The bill 3 22 provides that a pound may arrange to provide for temporary 3 23 placement of dogs or cats by a person who is qualified as a 3 24 temporary placement provider (operating a temporary placement 3 25 facility), pursuant to rules adopted by the department. A 3 26 temporary placement provider is prohibited from selling the 3 27 dogs or cats, except as allowed by the department. The 3 28 department may require that the temporary placement provider 3 29 be issued a certificate of registration by the department, 3 30 similar to a pound or animal shelter. However, the bill 3 31 prohibits a fee being imposed upon a pound, temporary 3 32 placement provider, or temporary placement facility for such 3 33 registration. 3 34 Currently, a pound which fails to adequately care for an 3 35 animal is guilty of a simple misdemeanor pursuant to Code 4 1 section 162.13. A simple misdemeanor is punishable by 4 2 confinement for no more than 30 days or a fine of at least $65 4 3 but not more than $625 or by both. The bill provides that the 4 4 same penalty applies to a temporary placement provider. 4 5 LSB 1588HV 82 4 6 da:nh/es/88