Senate File 2293 - Introduced
SENATE FILE
BY BEALL, APPEL, BLACK,
BOLKCOM, DVORSKY, and
QUIRMBACH
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the regulation of persons involved in
2 keeping pets and other animals, and making penalties
3 applicable.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6378XS 82
6 da/nh/14
PAG LIN
1 1 Section 1. Section 162.2, Code 2007, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 8A. "Department" means the department of
1 4 agriculture and land stewardship.
1 5 Sec. 2. Section 162.2, subsection 12, unnumbered paragraph
1 6 1, Code 2007, is amended to read as follows:
1 7 "Pet shop" means an establishment where a dog, cat, rabbit,
1 8 rodent, nonhuman primate, fish other than live bait, bird, or
1 9 other vertebrate animal is bought, sold, exchanged, or offered
1 10 for sale. "Pet shop" includes an establishment located in
1 11 this state in which such animals are bought, sold, or
1 12 exchanged, or offered for sale to the general public by
1 13 accessing the internet. However, a pet shop does not include
1 14 an establishment if one of the following applies:
1 15 Sec. 3. Section 162.7, Code 2007, is amended to read as
1 16 follows:
1 17 162.7 DEALER LICENSE == LIMITATIONS.
1 18 1. A person shall not operate as a dealer unless the
1 19 person has obtained a license issued by the secretary or
1 20 unless the person has obtained a certificate of registration
1 21 issued by the secretary if the kennel is federally licensed.
1 22 Application for the license or the certificate shall be made
1 23 in the manner provided by the secretary. The license and
1 24 certificate expire one year from date of issue unless revoked.
1 25 The license fee is one hundred dollars per year and the
1 26 certification fee is twenty dollars per year. The license may
1 27 be renewed upon application and payment of the fee in the
1 28 manner provided by the secretary if the licensee has conformed
1 29 to all statutory and regulatory requirements. The certificate
1 30 may be renewed upon application and payment of the fee in the
1 31 manner provided by the secretary.
1 32 2. A dealer shall not breed, buy for resale, sell, or
1 33 exchange more than twenty litters of domestic dogs or cats in
1 34 any twelve=month period, or breed, buy for resale, sell, or
1 35 exchange more than one hundred domestic dogs or cats in any
2 1 twelve=month period. This subsection does not apply to
2 2 nonprofit animal welfare activities performed by an animal
2 3 shelter or pound.
2 4 Sec. 4. Section 162.8, Code 2007, is amended to read as
2 5 follows:
2 6 162.8 COMMERCIAL BREEDER'S LICENSE ==LIMITATIONS.
2 7 1. A person shall not operate as a commercial breeder
2 8 unless the person has obtained a license issued by the
2 9 secretary or unless the person has obtained a certificate of
2 10 registration issued by the secretary if the kennel is
2 11 federally licensed. Application for the license or the
2 12 certificate shall be made in the manner provided by the
2 13 secretary. The annual license or the certification period
2 14 expires one year from date of issue. The license fee is forty
2 15 dollars per year and the certificate fee is twenty dollars per
2 16 year. The license may be renewed upon application and payment
2 17 of the prescribed fee in the manner provided by the secretary
2 18 if the licensee has conformed to all statutory and regulatory
2 19 requirements. The certificate may be renewed upon application
2 20 and payment of the prescribed fee in the manner provided by
2 21 the secretary.
2 22 2. A commercial breeder shall not breed, sell, exchange,
2 23 or lease more than twenty litters of domestic dogs or cats in
2 24 any twelve=month period, or breed, sell, exchange, or lease
2 25 more than one hundred domestic dogs or cats in any
2 26 twelve=month period. This subsection shall not apply to
2 27 nonprofit animal welfare activities performed by an animal
2 28 shelter or pound.
2 29 Sec. 5. Section 162.11, subsection 2, Code 2007, is
2 30 amended to read as follows:
2 31 2. The certificate of registration may be denied or
2 32 revoked if the person no longer possesses a current and valid
2 33 federal license. Other than obtaining the certificate of
2 34 registration from the secretary, any dealer or commercial
2 35 breeder and any person who operates a commercial kennel or
3 1 public auction shall not be subject to further regulation
3 2 under the provisions of this chapter. However, the department
3 3 may inspect a commercial kennel or public auction that
3 4 possesses a current and valid federal license upon a complaint
3 5 received by the department.
3 6 EXPLANATION
3 7 This bill amends Code chapter 162, which regulates persons
3 8 involved in keeping pets and other animals, such as a pet
3 9 shop. The Code chapter also regulates dealers, commercial
3 10 brokers, commercial breeders, commercial kennels, or public
3 11 auctions that are licensed by the department of agriculture
3 12 and land stewardship or exempt from regulation because they
3 13 are licensed by the federal government.
3 14 The bill amends Code section 162.2 to provide that a pet
3 15 shop includes an establishment located in this state in which
3 16 animals are bought, sold, or exchanged, or offered for sale to
3 17 the general public by accessing the internet.
3 18 The bill amends Code chapter 162.7 applying to dealers and
3 19 Code section 162.8 applying to commercial breeders to provide
3 20 that such person cannot engage in breeding or a commercial
3 21 transaction involving more than 20 or more litters of domestic
3 22 dogs or cats in any 12=month period or 100 or more domestic
3 23 dogs or cats in any 12=month period. The restrictions do not
3 24 apply to an animal shelter or pound.
3 25 The bill amends Code section 162.11, which exempts a
3 26 dealer, commercial breeder, commercial kennel, or public
3 27 auction from state regulation under the Code chapter, if they
3 28 have obtained a federal license. The bill provides that the
3 29 department may inspect a federally licensed commercial kennel
3 30 or public auction upon a complaint received by the department.
3 31 LSB 6378XS 82
3 32 da/nh/14