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 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  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.  Operation The 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, either as 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 this paragraph subsection
  3 12 is subject to a fine not exceeding one hundred dollars.  Each
  3 13 diseased animal shipped in violation of this paragraph
  3 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