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