House File 30 - Introduced



                                       HOUSE FILE       
                                       BY  LYKAM

                                       (COMPANION TO LSB 1460SS
                                        BY SENG)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for the regulation of commercial establishments
  2    that house animals by the department of agriculture and land
  3    stewardship.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1460HH 83
  6 da/nh/5

PAG LIN



  1  1    Section 1.  Section 162.11, subsection 2, Code 2009, is
  1  2 amended to read as follows:
  1  3    2.  The A certificate of registration may be denied or
  1  4 revoked if the person no longer possesses a current and valid
  1  5 federal license.  Other than obtaining the certificate of
  1  6 registration from the secretary, any dealer or commercial
  1  7 breeder and any person who operates a commercial kennel or
  1  8 public auction shall not be subject to further regulation
  1  9 under the provisions of this chapter.
  1 10                           EXPLANATION
  1 11    This bill amends a provision in Code chapter 162
  1 12 authorizing the department of agriculture and land stewardship
  1 13 to regulate animals kept in commercial establishments.
  1 14 Generally, commercial establishments must obtain a license or
  1 15 certificate of registration.  The bill addresses several types
  1 16 of commercial establishments that have obtained a federal
  1 17 license in lieu of a state license.  The commercial
  1 18 establishments of concern are a commercial kennel (Code
  1 19 section 162.6), public auction (Code section 162.6), dealer
  1 20 (Code section 162.7), and commercial breeder (Code section
  1 21 162.8).  A federally licensed commercial establishment must
  1 22 still obtain a certificate of registration from the
  1 23 department.
  1 24    Two Code sections address certificates of registration
  1 25 issued to a federally licensed commercial establishment.  Code
  1 26 section 162.11(2) provides that other than obtaining a
  1 27 certificate of registration, the commercial establishment is
  1 28 not subject to further departmental regulation.  However, Code
  1 29 section 162.12 provides that the department may deny an
  1 30 application for a certificate of registration or revoke a
  1 31 certificate of registration that has been issued if the
  1 32 department determines that the practices of the commercial
  1 33 establishment do not comply with the requirements of the Code
  1 34 chapter.  The Code section also provides that the premises of
  1 35 a certificate holder must be open for inspection during normal
  2  1 business hours.  The bill eliminates the provision in Code
  2  2 section 162.11(2) that limits the department's authority to
  2  3 regulate federally licensed commercial establishments.
  2  4 LSB 1460HH 83
  2  5 da/nh/5