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