Senate
File
2233
-
Introduced
SENATE
FILE
2233
BY
SENG
and
McCOY
A
BILL
FOR
An
Act
providing
for
the
treatment
of
animals
other
than
1
agricultural
animals,
by
providing
for
regulation
of
2
commercial
establishments,
providing
for
reporting
of
3
threatened
animals,
providing
for
fees,
providing
penalties,
4
and
including
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
162.1,
Code
2009,
is
amended
to
read
as
1
follows:
2
162.1
Policy
Purpose
and
scope
.
3
1.
The
purpose
of
this
chapter
is
to
do
all
of
the
4
following
:
5
1.
a.
To
insure
Insure
that
all
dogs
and
cats
handled
by
6
boarding
kennels,
commercial
kennels,
commercial
breeders,
7
dealers,
and
public
auctions
commercial
establishments
are
8
provided
with
humane
care
and
treatment
by
regulating
.
9
b.
Regulate
the
transportation,
sale,
purchase,
housing,
10
care,
handling,
and
treatment
of
such
animals
dogs
and
cats
by
11
persons
or
organizations
engaged
in
transporting,
buying,
or
12
selling
them
and
to
provide
.
13
c.
Provide
that
all
vertebrate
animals
consigned
to
pet
14
shops
are
provided
humane
care
and
treatment
by
regulating
the
15
transportation,
sale,
purchase,
housing,
care,
handling,
and
16
treatment
of
such
animals
by
pet
shops.
17
2.
d.
To
authorize
Authorize
the
sale,
trade,
or
adoption
18
of
only
those
animals
which
appear
to
be
free
of
infectious
or
19
communicable
disease.
20
3.
e.
To
protect
Protect
the
public
from
zoonotic
disease.
21
2.
This
chapter
does
not
apply
to
livestock
as
defined
22
in
section
717.1
or
any
other
agricultural
animal
used
in
23
agricultural
production
as
provided
in
chapter
717A.
24
Sec.
2.
Section
162.2,
Code
Supplement
2009,
is
amended
by
25
adding
the
following
new
subsections:
26
NEW
SUBSECTION
.
4A.
“Animal
Welfare
Act”
means
the
27
federal
Animal
Welfare
Act,
7
U.S.C.
ch.
54,
and
regulations
28
promulgated
by
the
United
States
department
of
agriculture
and
29
published
in
9
C.F.R.
ch.
1.
30
NEW
SUBSECTION
.
4B.
“Authorization”
means
a
state
license,
31
certificate
of
registration,
or
permit
issued
or
renewed
by
the
32
department
to
a
commercial
establishment
as
provided
in
section
33
162.2A.
34
NEW
SUBSECTION
.
6A.
“Commercial
establishment”
or
35
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“establishment”
means
an
animal
shelter,
boarding
kennel,
1
commercial
breeder,
commercial
kennel,
dealer,
pet
shop,
pound,
2
public
auction,
or
research
facility.
3
NEW
SUBSECTION
.
8A.
“Department”
means
the
department
of
4
agriculture
and
land
stewardship.
5
NEW
SUBSECTION
.
9A.
“Federal
license”
means
a
license
6
issued
by
the
United
States
department
of
agriculture
to
a
7
person
classified
as
a
dealer
or
exhibitor
pursuant
to
the
8
federal
Animal
Welfare
Act.
9
NEW
SUBSECTION
.
9B.
“Federal
licensee”
means
a
person
to
10
whom
a
federal
license
as
a
dealer
or
exhibitor
is
issued.
11
NEW
SUBSECTION
.
10A.
“Permittee”
means
a
commercial
12
breeder,
dealer,
or
public
auction
to
whom
a
permit
is
issued
13
by
the
department
as
a
federal
licensee
pursuant
to
section
14
162.2A.
15
NEW
SUBSECTION
.
15A.
“Registrant”
means
a
pound,
animal
16
shelter,
or
research
facility
to
whom
a
certificate
of
17
registration
is
issued
by
the
department
pursuant
to
section
18
162.2A.
19
NEW
SUBSECTION
.
16A.
“State
fiscal
year”
means
the
fiscal
20
year
described
in
section
3.12.
21
NEW
SUBSECTION
.
16B.
“State
licensee”
means
any
of
the
22
following:
23
a.
A
boarding
kennel,
commercial
kennel,
or
pet
shop
to
whom
24
a
state
license
is
issued
by
the
department
pursuant
to
section
25
162.2A.
26
b.
A
commercial
breeder,
dealer,
or
public
auction
to
whom
27
a
state
license
is
issued
in
lieu
of
a
permit
by
the
department
28
pursuant
to
section
162.2A.
29
Sec.
3.
Section
162.2,
subsection
13,
Code
Supplement
2009,
30
is
amended
to
read
as
follows:
31
13.
“Pound”
or
“dog
pound”
means
a
facility
for
the
32
prevention
of
cruelty
to
animals
operated
by
the
state,
a
33
municipal
corporation,
or
other
political
subdivision
of
the
34
state
for
the
purpose
of
impounding
or
harboring
seized
stray,
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homeless,
abandoned
or
unwanted
dogs,
cats
or
other
animals;
or
1
a
facility
operated
for
such
a
purpose
under
a
contract
with
2
any
municipal
corporation
or
incorporated
society.
3
Sec.
4.
NEW
SECTION
.
162.2A
Application,
issuance,
and
4
renewal
of
authorizations.
5
1.
The
department
shall
provide
for
the
operation
6
of
a
commercial
establishment
by
issuing
or
renewing
an
7
authorization,
including
any
of
the
following:
8
a.
A
certificate
of
registration
for
a
pound,
animal,
9
shelter,
or
research
facility.
10
b.
A
state
license
for
a
boarding
kennel,
commercial
kennel,
11
or
pet
shop.
12
c.
A
state
license
or
permit
for
a
commercial
breeder,
13
dealer,
or
public
auction.
A
federal
licensee
must
apply
for
14
and
be
issued
either
a
permit
or
a
state
license
in
lieu
of
a
15
permit.
16
2.
A
person
must
be
issued
a
separate
state
license,
17
certificate
of
registration,
or
permit
for
each
commercial
18
establishment
owned
or
operated
by
the
person.
19
3.
A
person
must
apply
for
the
issuance
or
renewal
of
an
20
authorization
on
forms
and
according
to
procedures
required
by
21
rules
adopted
by
the
department.
The
application
shall
contain
22
information
required
by
the
department,
including
but
not
23
limited
to
all
of
the
following:
24
a.
The
person’s
name.
25
b.
The
person’s
principal
office
or
place
of
business.
26
c.
The
name,
address,
and
type
of
establishment
covered
by
27
the
authorization.
28
d.
The
beginning
and
end
of
the
person’s
fiscal
year.
29
4.
The
authorization
expires
on
an
annual
basis
as
30
provided
by
the
department,
and
must
be
renewed
by
the
31
commercial
establishment
on
an
annual
basis
on
or
before
the
32
authorization’s
expiration
date.
33
5.
a.
A
commercial
establishment
applying
for
the
issuance
34
or
renewal
of
a
permit
shall
provide
the
department
with
proof
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that
the
person
is
a
federal
licensee.
1
b.
The
department
shall
not
require
that
it
must
enter
onto
2
the
premises
of
a
commercial
establishment
in
order
to
issue
a
3
permit.
The
department
shall
not
require
that
it
must
enter
4
onto
the
premises
of
a
commercial
establishment
in
order
to
5
renew
a
permit,
unless
it
has
reasonable
cause
to
monitor
the
6
commercial
establishment
as
provided
in
section
162.10C.
7
Sec.
5.
NEW
SECTION
.
162.2B
Fees.
8
The
department
shall
establish,
assess,
and
collect
fees
as
9
provided
in
this
section.
10
1.
A
commercial
establishment
shall
pay
authorization
fees
11
to
the
department
for
the
issuance
or
renewal
of
a
certificate
12
of
registration,
state
license,
or
permit.
13
a.
For
the
issuance
or
renewal
of
a
certificate
of
14
registration,
seventy-five
dollars.
15
b.
For
the
issuance
or
renewal
of
a
state
license
or
permit,
16
one
hundred
seventy-five
dollars.
However,
a
commercial
17
breeder
who
owns,
keeps,
breeds,
or
transports
a
greyhound
dog
18
for
pari-mutuel
wagering
at
a
racetrack
as
provided
in
chapter
19
99D
shall
pay
a
different
fee
for
the
issuance
or
renewal
of
a
20
state
license
as
provided
in
rules
adopted
by
the
department.
21
2.
The
department
shall
retain
all
fees
that
it
collects
22
under
this
section
for
the
exclusive
purpose
of
administering
23
and
enforcing
the
provisions
of
this
chapter.
The
fees
shall
24
be
considered
repayment
receipts
as
defined
in
section
8.2.
25
The
general
assembly
shall
appropriate
moneys
to
the
department
26
each
state
fiscal
year
necessary
for
the
administration
and
27
enforcement
of
this
chapter.
28
Sec.
6.
Section
162.3,
Code
2009,
is
amended
by
striking
the
29
section
and
inserting
in
lieu
thereof
the
following:
30
162.3
Operation
of
a
pound
——
certificate
of
registration.
31
A
pound
shall
only
operate
pursuant
to
a
certificate
of
32
registration
issued
or
renewed
by
the
department
as
provided
33
in
section
162.2A.
A
pound
may
sell
dogs
or
cats
under
its
34
control,
if
sales
are
allowed
by
the
department.
The
pound
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shall
maintain
records
as
required
by
the
department
in
order
1
for
the
department
to
ensure
the
pound’s
compliance
with
the
2
provisions
of
this
chapter.
3
Sec.
7.
Section
162.4,
Code
2009,
is
amended
by
striking
the
4
section
and
inserting
in
lieu
thereof
the
following:
5
162.4
Operation
of
an
animal
shelter
——
certificate
of
6
registration.
7
An
animal
shelter
shall
only
operate
pursuant
to
a
8
certificate
of
registration
issued
or
renewed
by
the
department
9
as
provided
in
section
162.2A.
An
animal
shelter
may
sell
dogs
10
or
cats
if
sales
are
allowed
by
the
department.
The
animal
11
shelter
facility
shall
maintain
records
as
required
by
the
12
department
in
order
for
the
department
to
ensure
the
animal
13
shelter’s
compliance
with
the
provisions
of
this
chapter.
14
Sec.
8.
NEW
SECTION
.
162.4A
Operation
of
a
research
15
facility
——
certificate
of
registration.
16
A
research
facility
shall
only
operate
pursuant
to
a
17
certificate
of
registration
issued
by
the
department
as
18
provided
in
section
162.2A.
The
research
facility
shall
19
maintain
records
as
required
by
the
department
in
order
for
the
20
department
to
ensure
the
research
facility’s
compliance
with
21
the
provisions
of
this
chapter.
A
research
facility
shall
not
22
purchase
a
dog
or
cat
from
a
commercial
establishment
that
does
23
not
have
a
valid
authorization
issued
or
renewed
under
this
24
chapter
or
a
similar
authorization
issued
or
renewed
by
another
25
state.
26
Sec.
9.
Section
162.5,
Code
2009,
is
amended
by
striking
the
27
section
and
inserting
in
lieu
thereof
the
following:
28
162.5
Operation
of
a
pet
shop
——
state
license.
29
A
pet
shop
shall
only
operate
pursuant
to
a
state
license
30
issued
or
renewed
by
the
department
pursuant
to
section
31
162.2A.
The
pet
shop
shall
maintain
records
as
required
by
the
32
department
in
order
for
the
department
to
ensure
the
pet
shop’s
33
compliance
with
the
provisions
of
this
chapter.
A
pet
shop
34
shall
not
purchase
a
dog
or
cat
from
a
commercial
establishment
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that
does
not
have
a
valid
authorization
issued
or
renewed
1
under
this
chapter
or
a
similar
authorization
issued
or
renewed
2
by
another
state.
3
Sec.
10.
NEW
SECTION
.
162.5A
Operation
of
a
boarding
kennel
4
——
state
license.
5
A
boarding
kennel
shall
only
operate
pursuant
to
a
state
6
license
issued
by
the
department
as
provided
in
section
162.2A.
7
The
boarding
kennel
shall
maintain
records
as
required
by
8
the
department
in
order
for
the
department
to
ensure
the
9
boarding
kennel’s
compliance
with
the
provisions
of
this
10
chapter.
A
boarding
kennel
shall
not
purchase
a
dog
or
cat
11
from
a
commercial
establishment
that
does
not
have
a
valid
12
authorization
issued
or
renewed
under
this
chapter
or
a
similar
13
authorization
issued
or
renewed
by
another
state.
14
Sec.
11.
Section
162.6,
Code
2009,
is
amended
by
striking
15
the
section
and
inserting
in
lieu
thereof
the
following:
16
162.6
Operation
of
a
commercial
kennel
——
state
license.
17
A
commercial
kennel
shall
only
operate
pursuant
to
a
state
18
license
issued
or
renewed
by
the
department
as
provided
in
19
section
162.2A.
A
commercial
kennel
shall
maintain
records
20
as
required
by
the
department
in
order
for
the
department
to
21
ensure
the
commercial
kennel’s
compliance
with
the
provisions
22
of
this
chapter.
A
commercial
kennel
shall
not
purchase
a
dog
23
or
cat
from
a
commercial
establishment
that
does
not
have
a
24
valid
authorization
issued
or
renewed
under
this
chapter
or
a
25
similar
authorization
issued
or
renewed
by
another
state.
26
Sec.
12.
Section
162.7,
Code
2009,
is
amended
by
striking
27
the
section
and
inserting
in
lieu
thereof
the
following:
28
162.7
Operation
of
a
dealer
——
state
license
or
permit.
29
A
dealer
shall
only
operate
pursuant
to
a
state
license,
30
or
a
permit,
issued
or
renewed
by
the
department
as
provided
31
in
section
162.2A.
A
dealer
who
is
a
state
licensee
shall
32
maintain
records
as
required
by
the
department
in
order
for
the
33
department
to
ensure
compliance
with
the
provisions
of
this
34
chapter.
A
dealer
who
is
a
permittee
may
but
is
not
required
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to
maintain
records.
A
dealer
shall
not
purchase
a
dog
or
cat
1
from
a
commercial
establishment
that
does
not
have
a
valid
2
authorization
issued
or
renewed
under
this
chapter
or
a
similar
3
authorization
issued
or
renewed
by
another
state.
4
Sec.
13.
Section
162.8,
Code
2009,
is
amended
by
striking
5
the
section
and
inserting
in
lieu
thereof
the
following:
6
162.8
Operation
of
a
commercial
breeder
——
state
license
or
7
permit.
8
A
commercial
breeder
shall
only
operate
pursuant
to
a
state
9
license,
or
a
permit,
issued
or
renewed
by
the
department
10
as
provided
in
section
162.2A.
A
commercial
breeder
who
is
11
a
state
licensee
shall
maintain
records
as
required
by
the
12
department
in
order
for
the
department
to
ensure
the
commercial
13
breeder’s
compliance
with
the
provisions
of
this
chapter.
A
14
commercial
breeder
who
is
a
permittee
may
but
is
not
required
15
to
maintain
records.
A
commercial
breeder
shall
not
purchase
a
16
dog
or
cat
from
a
commercial
establishment
that
does
not
have
a
17
valid
authorization
issued
or
renewed
under
this
chapter
or
a
18
similar
authorization
issued
or
renewed
by
another
state.
19
Sec.
14.
NEW
SECTION
.
162.9A
Operation
of
a
public
auction
20
——
state
license
or
permit.
21
A
public
auction
shall
only
operate
pursuant
to
a
state
22
license,
or
a
permit,
issued
or
renewed
by
the
department
23
as
provided
in
section
162.2A.
A
public
auction
which
is
24
a
state
licensee
shall
maintain
records
as
required
by
the
25
department
in
order
for
the
department
to
ensure
the
public
26
auction’s
compliance
with
the
provisions
of
this
chapter.
A
27
public
auction
which
is
a
permittee
may
but
is
not
required
to
28
maintain
records.
A
public
auction
shall
not
purchase
a
dog
or
29
cat
from
a
commercial
establishment
that
does
not
have
a
valid
30
authorization
issued
or
renewed
under
this
chapter
or
a
similar
31
authorization
issued
or
renewed
by
another
state.
32
Sec.
15.
NEW
SECTION
.
162.10A
Commercial
establishments
——
33
standard
of
care.
34
1.
a.
A
commercial
establishment
shall
provide
for
a
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standard
of
care
that
ensures
that
an
animal
in
its
possession
1
or
under
its
control
is
not
lacking
any
of
the
following:
2
(1)
Adequate
feed,
adequate
water,
housing
facilities,
3
sanitary
control,
or
grooming
practices,
if
such
lack
causes
4
adverse
health
or
suffering.
5
(2)
Veterinary
care.
6
b.
A
commercial
establishment,
other
than
a
research
7
facility
or
pet
shop,
shall
provide
for
the
standard
of
care
8
for
dogs
and
cats
in
its
possession
or
under
its
control,
and
a
9
research
facility
or
pet
shop
shall
provide
for
the
standard
10
of
care
for
vertebrate
animals
in
its
possession
or
under
its
11
control.
12
2.
a.
Except
as
provided
in
paragraph
“b”
or
“c”
,
a
13
commercial
establishment
shall
comply
with
rules
that
the
14
department
adopts
to
implement
subsection
1.
A
commercial
15
establishment
shall
be
regulated
under
this
paragraph
“a”
16
unless
the
person
is
a
state
licensee
as
provided
in
paragraph
17
“b”
or
a
permittee
as
provided
in
paragraph
“c”
.
18
b.
A
state
licensee
who
is
a
commercial
breeder
owning,
19
breeding,
transporting,
or
keeping
a
greyhound
dog
for
20
pari-mutuel
wagering
at
a
racetrack
as
provided
in
chapter
99D
21
may
be
required
to
comply
with
different
rules
adopted
by
the
22
department.
23
c.
A
permittee
is
not
required
to
comply
with
rules
that
the
24
department
adopts
to
implement
a
standard
of
care
as
provided
25
in
subsection
1
for
state
licensees
and
registrants.
The
26
department
may
adopt
rules
regulating
a
standard
of
care
for
27
a
permittee,
so
long
as
the
rules
are
not
more
restrictive
28
than
required
for
a
permittee
under
the
Animal
Welfare
Act.
29
However,
the
department
may
adopt
prescriptive
rules
relating
30
to
the
standard
of
care.
Regardless
of
whether
the
department
31
adopts
such
rules,
a
permittee
meets
the
standard
of
care
32
required
in
subsection
1,
if
it
voluntarily
complies
with
rules
33
applicable
to
state
licensees
or
registrants.
A
finding
by
34
the
United
States
department
of
agriculture
that
a
permittee
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complies
with
the
Animal
Welfare
Act
is
not
conclusive
when
1
determining
that
the
permittee
provides
a
standard
of
care
2
required
in
subsection
1.
3
3.
A
commercial
establishment
fails
to
provide
for
a
4
standard
of
care
as
provided
in
subsection
1,
if
the
commercial
5
establishment
commits
abuse
as
described
in
section
717B.2,
6
neglect
as
described
in
section
717B.3,
or
torture
as
provided
7
in
section
717B.3A.
8
Sec.
16.
NEW
SECTION
.
162.10B
Commercial
establishments
——
9
inspecting
state
licensees
and
registrants.
10
The
department
may
inspect
the
commercial
establishment
of
11
a
registrant
or
state
licensee
by
entering
onto
its
business
12
premises
at
any
time
during
normal
working
hours.
The
13
department
may
inspect
records
required
to
be
maintained
by
the
14
state
licensee
or
registrant
as
provided
in
this
chapter.
If
15
the
owner
or
person
in
charge
of
the
commercial
establishment
16
refuses
admittance,
the
department
may
obtain
an
administrative
17
search
warrant
issued
under
section
808.14.
18
Sec.
17.
NEW
SECTION
.
162.10C
Commercial
establishments
19
——
monitoring
permittees.
20
1.
The
department
may
monitor
the
commercial
establishment
21
of
a
permittee
by
entering
onto
its
business
premises
at
22
any
time
during
normal
working
hours.
The
department
shall
23
monitor
the
commercial
establishment
for
the
limited
purpose
of
24
determining
whether
the
permittee
is
providing
for
a
standard
25
of
care
required
for
permittees
under
section
162.10A.
If
26
the
owner
or
person
in
charge
of
the
commercial
establishment
27
refuses
admittance,
the
department
may
obtain
an
administrative
28
search
warrant
issued
under
section
808.14.
29
2.
In
order
to
enter
onto
the
business
premises
of
a
30
permittee’s
commercial
establishment,
the
department
must
have
31
reasonable
cause
to
suspect
that
the
permittee
is
not
providing
32
for
the
standard
of
care
required
for
permittees
under
section
33
162.10A.
Reasonable
cause
must
be
supported
by
any
of
the
34
following:
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a.
An
oral
or
written
complaint
received
by
the
department
1
by
a
person.
The
complainant
must
provide
the
complainant’s
2
name
and
address
and
telephone
number.
Notwithstanding
chapter
3
22,
the
department’s
record
of
a
complaint
is
confidential,
4
unless
any
of
the
following
apply:
5
(1)
The
results
of
the
monitoring
are
used
in
a
contested
6
case
proceeding
as
provided
in
chapter
17A
or
in
a
judicial
7
proceeding.
8
(2)
The
record
is
sought
in
discovery
in
any
administrative,
9
civil,
or
criminal
case.
10
(3)
The
department’s
record
of
a
complaint
is
filed
by
a
11
person
other
than
an
individual.
12
b.
A
report
prepared
by
a
person
employed
by
the
United
13
States
department
of
agriculture
that
requires
a
permittee
to
14
take
action
necessary
to
correct
a
breach
of
standard
of
care
15
required
of
federal
licensees
by
the
Animal
Welfare
Act
or
of
16
permittees
by
section
162.10A.
The
department
is
not
required
17
to
dedicate
any
number
of
hours
to
viewing
or
analyzing
such
18
reports.
19
3.
When
carrying
out
this
section,
the
department
may
20
cooperate
with
the
United
States
department
of
agriculture.
21
The
department
shall
report
any
findings
resulting
in
an
22
enforcement
action
under
section
162.10D
to
the
United
States
23
department
of
agriculture.
24
Sec.
18.
NEW
SECTION
.
162.10D
Commercial
establishments
25
——
disciplinary
actions.
26
1.
The
department
may
take
disciplinary
action
against
a
27
person
by
suspending
or
revoking
the
person’s
authorization
for
28
violating
a
provision
of
this
chapter
or
chapter
717B,
or
who
29
commits
an
unlawful
practice
under
section
714.16.
30
2.
The
department
may
require
that
an
owner,
operator,
or
31
employee
of
a
commercial
establishment
subject
to
disciplinary
32
action
under
subsection
1
to
complete
a
continuing
education
33
program
as
a
condition
for
retaining
an
authorization.
34
This
section
does
not
prevent
a
person
from
voluntarily
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participating
in
a
continuing
education
program.
1
3.
The
department
shall
administer
the
continuing
education
2
program
by
either
providing
direct
instruction
or
selecting
3
persons
to
provide
such
instruction.
The
department
is
not
4
required
to
compensate
persons
for
providing
the
instruction,
5
and
may
require
attendees
to
pay
reasonable
fees
necessary
to
6
compensate
the
department
providing
the
instruction
or
a
person
7
selected
by
the
department
to
provide
the
instruction.
The
8
department
shall,
to
every
extent
possible,
select
persons
to
9
provide
the
instruction
by
consulting
with
organizations
that
10
represent
commercial
establishments,
including
but
not
limited
11
to
the
Iowa
pet
breeders
association.
12
4.
The
department
shall
establish
the
criteria
for
a
13
continuing
education
program
which
shall
include
at
least
three
14
and
not
more
than
eight
hours
of
instruction.
The
department
15
shall
provide
for
the
program’s
beginning
and
ending
dates.
16
However,
a
person
must
complete
the
program
in
twelve
months
17
or
less.
18
Sec.
19.
Section
162.11,
subsections
1
and
3,
Code
2009,
are
19
amended
by
striking
the
subsections.
20
Sec.
20.
Section
162.11,
subsection
2,
Code
2009,
is
amended
21
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
22
following:
23
2.
This
chapter
does
not
apply
to
a
federal
licensee
except
24
as
provided
in
the
following:
25
a.
Sections
162.1,
162.2,
162.2A,
162.2B,
162.7,
162.8,
26
162.9A,
162.10A,
162.10C,
162.10D,
162.12A,
and
162.13.
27
b.
Section
162.16
but
only
to
the
extent
required
to
28
implement
sections
described
in
paragraph
“a”
.
29
Sec.
21.
NEW
SECTION
.
162.12A
Civil
penalties.
30
The
department
shall
establish,
impose,
and
assess
civil
31
penalties
for
violations
of
this
chapter.
The
department
may
32
by
rule
establish
a
schedule
of
civil
penalties
for
violations
33
of
this
chapter.
All
civil
penalties
collected
under
this
34
section
shall
be
deposited
into
the
general
fund
of
the
state.
35
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1.
a.
A
commercial
establishment
that
operates
pursuant
1
to
an
authorization
issued
or
renewed
under
this
chapter
is
2
subject
to
a
civil
penalty
of
not
more
than
five
hundred
3
dollars,
regardless
of
the
number
of
animals
possessed
or
4
controlled
by
the
commercial
establishment,
for
violating
this
5
chapter.
Except
as
provided
in
paragraph
“b”
,
each
day
that
a
6
violation
continues
shall
be
deemed
a
separate
offense.
7
b.
This
paragraph
applies
to
a
commercial
establishment
8
that
violates
a
standard
of
care
involving
housing
as
provided
9
in
section
162.10A.
The
departmental
official
who
makes
10
a
determination
that
a
violation
exists
shall
provide
a
11
corrective
plan
to
the
commercial
establishment
describing
how
12
the
violation
will
be
corrected
within
a
compliance
period
of
13
not
more
than
fifteen
days
from
the
date
of
approval
by
the
14
official
of
the
corrective
plan.
The
civil
penalty
shall
not
15
exceed
five
hundred
dollars
for
the
first
day
of
the
violation.
16
After
that
day,
the
department
shall
not
impose
a
civil
penalty
17
for
the
violation
during
the
compliance
period.
The
department
18
shall
not
impose
an
additional
civil
penalty,
unless
the
19
commercial
establishment
fails
to
correct
the
violation
by
the
20
end
of
the
compliance
period.
If
the
commercial
establishment
21
fails
to
correct
the
violation
by
the
end
of
the
compliance
22
period,
each
day
that
the
violation
continues
shall
be
deemed
a
23
separate
offense.
24
2.
A
commercial
establishment
that
does
not
operate
25
pursuant
to
an
authorization
issued
or
renewed
under
this
26
chapter
is
subject
to
a
civil
penalty
of
not
more
than
one
27
thousand
dollars,
regardless
of
the
number
of
animals
possessed
28
or
controlled
by
the
commercial
establishment,
for
violating
29
this
chapter.
Each
day
that
a
violation
continues
shall
be
30
deemed
a
separate
offense.
31
Sec.
22.
Section
162.13,
Code
2009,
is
amended
to
read
as
32
follows:
33
162.13
Penalties
Criminal
penalties
——
confiscation
.
34
1.
Operation
of
a
pound,
animal
shelter,
pet
shop,
boarding
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kennel,
commercial
kennel,
research
facility,
or
public
1
auction,
or
dealing
in
dogs
or
cats,
or
both,
either
as
a
2
dealer
or
a
commercial
breeder,
without
a
currently
valid
3
license
or
a
certificate
of
registration
is
A
person
who
4
operates
a
commercial
establishment
without
an
authorization
5
issued
or
renewed
by
the
department
as
required
in
section
6
162.2A
is
guilty
of
a
simple
misdemeanor
and
each
day
of
7
operation
is
a
separate
offense.
8
2.
The
failure
of
any
pound,
research
facility,
animal
9
shelter,
pet
shop,
boarding
kennel,
commercial
kennel,
10
commercial
breeder,
public
auction,
or
dealer,
to
adequately
11
house,
feed,
or
water
dogs,
cats,
or
vertebrate
animals
in
12
the
person’s
or
facility’s
possession
or
custody
a
person
13
who
owns
or
operates
a
commercial
establishment
to
meet
the
14
standard
of
care
required
in
section
162.10A,
subsection
1,
is
15
a
simple
misdemeanor.
The
animals
are
subject
to
seizure
and
16
impoundment
and
may
be
sold
or
destroyed
as
provided
by
rules
17
which
shall
be
adopted
by
the
department
pursuant
to
chapter
18
17A.
The
rules
shall
provide
for
the
destruction
of
an
animal
19
by
a
humane
method,
including
by
euthanasia.
20
3.
The
failure
of
a
person
who
owns
or
operates
a
commercial
21
establishment
to
meet
the
requirements
of
this
section
is
22
also
cause
for
the
suspension
or
revocation
or
suspension
23
of
license
or
registration
after
public
hearing
of
the
24
person’s
authorization
as
provided
in
section
162.10D
.
The
25
commission
of
an
act
declared
to
be
an
unlawful
practice
under
26
section
714.16
or
prohibited
under
chapter
717
or
717B
,
by
27
a
person
licensed
or
registered
under
this
chapter
is
cause
28
for
revocation
or
suspension
of
the
license
or
registration
29
certificate.
30
4.
Dogs,
cats,
and
other
vertebrates
vertebrate
31
animals
upon
which
euthanasia
is
permitted
by
law
may
be
32
destroyed
by
a
person
subject
to
this
chapter
or
chapter
169,
33
by
a
humane
method,
including
euthanasia,
as
provided
by
rules
34
which
shall
be
adopted
by
the
department
pursuant
to
chapter
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17A.
1
5.
It
is
unlawful
for
a
dealer
to
knowingly
ship
a
diseased
2
animal.
A
dealer
violating
this
paragraph
is
subject
to
a
3
fine
not
exceeding
one
hundred
dollars.
Each
diseased
animal
4
shipped
in
violation
of
this
paragraph
is
a
separate
offense.
5
Sec.
23.
Section
162.16,
Code
2009,
is
amended
by
striking
6
the
section
and
inserting
in
lieu
thereof
the
following:
7
162.16
Rules.
8
The
department
shall
adopt
rules
and
promulgate
forms
9
necessary
to
administer
and
enforce
the
provisions
of
this
10
chapter.
11
Sec.
24.
Section
717B.1,
Code
2009,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
3A.
“Department”
means
the
department
of
14
agriculture
and
land
stewardship.
15
Sec.
25.
NEW
SECTION
.
717B.10
Threatened
animal
reporting
16
by
veterinarians.
17
This
section
applies
to
a
veterinarian
who
is
licensed
or
who
18
holds
a
valid
temporary
permit
to
practice
veterinary
medicine
19
in
this
state
pursuant
to
chapter
169.
20
1.
A
veterinarian
who
is
presented
with
an
animal
for
21
examination
or
treatment
shall
file
a
threatened
animal
report
22
if
the
veterinarian
determines
that
the
animal
is
a
threatened
23
animal.
24
2.
The
department
shall
establish
a
system
of
receiving
and
25
filing
threatened
animal
reports,
including
the
promulgation
26
of
forms.
A
threatened
animal
report
shall
be
in
writing
in
27
a
printed
or
electronic
format
as
required
by
the
department.
28
The
threatened
animal
report
shall
include
information
as
29
required
by
the
department
which
shall
at
least
include
all
of
30
the
following:
31
a.
Information
identifying
the
veterinarian.
32
b.
Information
identifying
the
responsible
party,
including
33
the
name
and
address
of
the
responsible
party.
34
c.
Information
identifying
the
threatened
animal,
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including
by
family
and
species
classification,
the
name
and
a
1
description
of
the
threatened
animal,
and
any
other
identifying
2
information
accessed
from
an
installed
identification
device
3
as
defined
in
section
169A.1.
4
d.
The
date
that
the
veterinarian
examined
or
treated
the
5
threatened
animal.
6
e.
A
summary
description
of
the
threatened
animal’s
7
condition
and
any
required
treatment
whether
or
not
8
administered.
9
3.
A
veterinarian
shall
use
best
efforts
to
complete
the
10
threatened
animal
report,
but
is
not
required
to
conduct
an
11
inquiry
in
order
to
obtain
information
solely
to
complete
the
12
report.
13
4.
A
veterinarian
who
in
good
faith
files
a
threatened
14
animal
report
with
the
department
shall
not
be
criminally
or
15
civilly
liable,
including
for
damages
for
acts
or
omissions
16
in
preparing
or
filing
the
threatened
animal
report,
or
17
cooperating
with
the
department
or
a
local
authority.
The
good
18
faith
of
the
veterinarian
is
presumed
as
a
matter
of
law.
19
5.
A
veterinarian
is
not
required
to
file
a
threatened
20
animal
report
if
any
of
the
following
apply:
21
a.
The
veterinarian
when
examining
or
treating
a
threatened
22
animal
is
any
of
the
following:
23
(1)
Employed
by
the
state
or
local
authority.
24
(2)
Under
contract
with
state
or
local
authority.
25
(3)
Under
the
supervision
of
the
state
or
local
authority.
26
b.
The
veterinarian
is
conducting
an
examination
or
27
treatment
pursuant
to
court
order.
28
6.
The
department
may
forward
a
threatened
animal
report
29
to
the
local
authority
where
the
responsible
party
resides
30
or
where
the
threatened
animal
is
kept.
The
department
may
31
investigate
a
commercial
establishment
identified
as
the
32
responsible
party
in
a
threatened
animal
report.
33
7.
The
department
shall
record
a
veterinarian
who
fails
to
34
file
a
threatened
animal
report
as
required
by
this
section.
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Prior
to
recording
the
veterinarian,
the
department
shall
1
notify
the
veterinarian
of
its
determination
and
provide
the
2
veterinarian
with
an
opportunity
to
contest
the
determination
3
pursuant
to
chapter
17A.
A
veterinarian
who
is
recorded
and
4
who
subsequently
fails
to
file
a
threatened
animal
report
5
is
guilty
of
a
simple
misdemeanor.
The
department
may
6
refer
information
regarding
such
failure
subsequent
to
the
7
veterinarian’s
recording
under
this
subsection
to
the
county
8
attorney
in
the
county
where
the
veterinarian
is
practicing
9
or
to
the
attorney
general
who
may
initiate
and
carry
out
10
the
prosecution
in
cooperation,
if
possible,
with
the
county
11
attorney.
12
Sec.
26.
REPEAL.
Sections
162.9,
162.10,
and
162.18,
Code
13
2009,
are
repealed.
14
Sec.
27.
CURRENT
DEPARTMENTAL
RULES.
This
Act
does
not
15
diminish
the
authority
of
the
department
of
agriculture
and
16
land
stewardship
to
regulate
different
types
of
commercial
17
establishments
as
provided
in
21
IAC
ch.
67.
18
Sec.
28.
ISSUANCE
OF
PERMITS.
This
Act
does
not
require
19
a
commercial
establishment
that
has
been
issued
or
renewed
a
20
certificate
of
registration
to
be
issued
a
permit
earlier
than
21
required
in
section
162.2A
for
the
renewal
of
a
permit.
The
22
person
shall
hold
the
certificate
of
registration
in
the
same
23
manner
as
a
permit
pursuant
to
this
Act.
24
Sec.
29.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
25
of
immediate
importance,
takes
effect
upon
enactment.
26
EXPLANATION
27
GENERAL.
This
bill
provides
for
the
regulation
of
28
commercial
establishments
that
possess
or
control
animals,
29
other
than
animals
used
for
an
agricultural
purpose,
by
the
30
department
of
agriculture
and
land
stewardship.
Under
current
31
law
an
animal
shelter,
pound,
or
research
facility
must
obtain
32
a
certificate
of
registration;
a
pet
shop,
boarding
kennel,
or
33
commercial
kennel
must
obtain
a
state
license;
and
a
commercial
34
breeder,
dealer,
and
public
auction
must
obtain
a
certificate
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of
registration
because
they
are
federally
licensed.
The
bill
1
provides
that
a
commercial
breeder,
dealer,
and
public
auction
2
must
obtain
a
permit
instead
of
a
certificate
of
registration.
3
All
of
these
documents
are
referred
to
as
authorizations.
4
AUTHORIZATION.
The
bill
provides
that
a
commercial
5
establishment
must
pay
a
fee
for
being
issued
or
renewed
an
6
authorization.
The
bill
increases
fees
required
to
be
paid
for
7
the
issuance
or
renewal
of
an
authorization.
The
bill
requires
8
the
department
to
establish
different
fees
for
greyhounds
kept
9
for
racing.
It
places
a
restriction
upon
the
department’s
10
power
to
enter
onto
the
premises
of
a
commercial
establishment
11
being
issued
a
permit.
12
PURCHASE
OF
DOGS
AND
CATS
BY
UNAUTHORIZED
COMMERCIAL
13
ESTABLISHMENTS.
The
bill
prohibits
a
research
facility,
pet
14
shop,
boarding
kennel,
commercial
kennel,
dealer,
commercial
15
breeder,
or
public
auction
from
purchasing
a
dog
or
cat
from
a
16
commercial
establishment,
that
is
not
authorized
in
this
state
17
or
another
state.
18
STANDARD
OF
CARE.
The
bill
requires
that
commercial
19
establishments
must
operate
pursuant
to
an
authorization
and
20
requires
registrants
and
state
licensees
to
maintain
records.
21
The
bill
provides
for
a
general
standard
of
care
for
all
22
commercial
establishments.
The
commercial
establishment
must
23
ensure
that
an
animal
in
its
possession
or
under
its
control
is
24
not
lacking
adequate
feed,
adequate
water,
housing
facilities,
25
sanitary
control,
grooming
practices
affecting
the
health
of
26
the
animal,
or
veterinary
care.
A
registrant
or
state
licensee
27
must
comply
with
departmental
rules,
with
two
exceptions.
28
The
department
may
adopt
different
rules
that
apply
to
state
29
licensees
who
keep
greyhounds
for
racing.
A
permittee
may
meet
30
the
standard
of
care
without
complying
with
the
departmental
31
rules.
It
may
also
fail
to
meet
the
standard
of
care
even
32
though
it
passes
a
federal
inspection.
The
department
may
33
adopt
rules
implementing
a
standard
of
care
so
long
as
the
34
rules
are
not
more
restrictive
than
the
federal
Animal
Welfare
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Act.
The
bill
allows
the
department
to
adopt
prescriptive
1
rules.
A
person
who
commits
animal
cruelty
under
Code
chapter
2
717B
fails
to
meet
the
standard
of
care.
3
ENTERING
ONTO
THE
BUSINESS
PREMISES.
The
bill
provides
4
that
the
department
may
inspect
a
registrant
or
state
licensee
5
by
entering
onto
its
business
premises
and
may
inspect
its
6
records.
The
department
may
monitor
a
permittee
by
entering
7
onto
its
business
premises
for
the
limited
purpose
of
8
determining
whether
the
permittee
is
providing
for
the
required
9
standard
of
care.
In
order
to
enter
onto
the
premises
of
a
10
permittee,
the
department
must
have
reasonable
cause
supported
11
by
an
oral
or
written
complaint
or
a
report
filed
by
the
United
12
States
department
of
agriculture.
The
bill
provides
for
the
13
confidentiality
of
complaints
filed
by
individuals
unless
they
14
are
relevant
to
an
administrative
or
court
proceeding.
15
DISCIPLINARY
ACTIONS.
The
bill
provides
that
the
department
16
may
take
disciplinary
action
against
a
commercial
establishment
17
by
suspending
or
revoking
the
commercial
establishment’s
18
authorization.
The
department
may
require
that
an
owner,
19
operator,
or
employee
of
a
commercial
establishment
complete
20
a
continuing
education
program
which
is
supervised
by
the
21
department
but
may
be
administered
by
a
person
selected
by
the
22
department.
23
EXCEPTIONS.
The
bill
eliminates
provisions
that
exempted
24
federal
licensees
from
regulations.
It
provides
that
25
permittees
are
subject
to
regulation
as
expressly
provided
in
26
the
Code
chapter.
27
PENALTIES.
The
bill
authorizes
the
department
to
establish,
28
impose,
and
assess
civil
penalties
for
violations
of
the
bill’s
29
provisions.
For
an
authorized
commercial
establishment
the
30
civil
penalty
is
up
to
$500
per
each
day
of
a
violation.
For
a
31
housing
violation,
the
civil
penalty
is
assessed
for
the
first
32
day,
but
not
for
the
subsequent
15
days
to
allow
for
correction
33
according
to
a
departmental
plan.
34
Generally
a
person
who
violates
a
standard
of
care
is
guilty
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of
a
simple
misdemeanor.
The
bill
provides
that
a
person
1
who
operates
a
commercial
establishment
without
obtaining
an
2
authorization
is
guilty
of
a
simple
misdemeanor.
A
simple
3
misdemeanor
is
punishable
by
confinement
for
no
more
than
30
4
days
or
a
fine
of
at
least
$65
but
not
more
than
$625
or
by
5
both.
6
RULES.
The
bill
authorizes
the
department
to
adopt
rules
7
necessary
to
administer
and
enforce
the
provisions
of
the
bill
8
amending
Code
chapter
162.
It
eliminates
a
provision
that
9
provides
the
department
cannot
adopt
rules
more
stringent
than
10
federal
regulations.
11
CURRENT
DEPARTMENTAL
RULES.
The
bill
provides
that
it
12
does
not
diminish
the
authority
of
the
department
to
regulate
13
different
types
of
commercial
establishments
as
provided
in
its
14
rules.
15
MANDATORY
REPORTING
BY
VETERINARIANS.
The
bill
provides
16
that
a
veterinarian
who
is
licensed
or
who
holds
a
valid
17
temporary
permit
to
practice
veterinary
medicine
under
Code
18
chapter
169
must
file
a
report
with
the
department
if
the
19
veterinarian
determines
that
an
animal
other
than
livestock
is
20
threatened
by
neglect,
abuse,
or
cruelty
as
those
offenses
are
21
defined
in
Code
chapter
717B.
The
bill
provides
for
procedures
22
required
to
file
a
report.
The
department
may
forward
the
23
report
to
a
local
authority
for
enforcement.
There
is
no
24
penalty
for
a
veterinarian
who
on
the
first
occasion
fails
to
25
file
a
report.
The
bill
shields
a
veterinarian
who
files
a
26
report
with
the
department
in
good
faith
from
criminal
or
civil
27
liability.
A
veterinarian
who
subsequently
fails
to
file
a
28
report
after
the
department
provides
the
veterinarian
a
warning
29
for
the
first
offense
is
guilty
of
a
simple
misdemeanor.
30
A
simple
misdemeanor
is
punishable
by
confinement
for
no
31
more
than
30
days
and
a
fine
of
at
least
$65
but
not
more
than
32
$625
or
both.
33
EFFECTIVE
DATE.
The
bill
takes
effect
upon
enactment.
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