Senate File 2365 - Introduced SENATE FILE 2365 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SF 2233) 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 TLSB 5294SV (3) 83 da/rj

S.F. 2365 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 -1- LSB 5294SV (3) 83 da/rj 1/ 21

S.F. 2365 “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, subsections 6 and 13, Code Supplement 30 2009, are amended to read as follows: 31 6. “Commercial breeder” means a person, engaged in the 32 business of breeding dogs or cats, who sells, exchanges, 33 or leases dogs or cats in return for consideration, or who 34 offers to do so, whether or not the animals are raised, 35 -2- LSB 5294SV (3) 83 da/rj 2/ 21

S.F. 2365 trained, groomed, or boarded by the person. A person who 1 owns or harbors three or fewer breeding males or females is 2 not a commercial breeder. However, a person who breeds or 3 harbors more than three any number of breeding male or female 4 greyhounds for the purposes of using them for pari-mutuel 5 racing wagering at a racetrack as provided in chapter 99D shall 6 be considered a commercial breeder irrespective of whether 7 the person sells, leases, or exchanges the greyhounds for 8 consideration or offers to do so. 9 13. “Pound” or “dog pound” means a facility for the 10 prevention of cruelty to animals operated by the state, a 11 municipal corporation, or other political subdivision of the 12 state for the purpose of impounding or harboring seized stray, 13 homeless, abandoned or unwanted dogs, cats or other animals; or 14 a facility operated for such a purpose under a contract with 15 any municipal corporation or incorporated society. 16 Sec. 4. NEW SECTION . 162.2A Application, issuance, and 17 renewal of authorizations. 18 1. The department shall provide for the operation 19 of a commercial establishment by issuing or renewing an 20 authorization, including any of the following: 21 a. A certificate of registration for a pound, animal, 22 shelter, or research facility. 23 b. A state license for a boarding kennel, commercial kennel, 24 or pet shop. 25 c. A state license or permit for a commercial breeder, 26 dealer, or public auction. A federal licensee must apply for 27 and be issued either a permit or a state license in lieu of a 28 permit. 29 2. A person must be issued a separate state license, 30 certificate of registration, or permit for each commercial 31 establishment owned or operated by the person. 32 3. A person must apply for the issuance or renewal of an 33 authorization on forms and according to procedures required by 34 rules adopted by the department. The application shall contain 35 -3- LSB 5294SV (3) 83 da/rj 3/ 21

S.F. 2365 information required by the department, including but not 1 limited to all of the following: 2 a. The person’s name. 3 b. The person’s principal office or place of business. 4 c. The name, address, and type of establishment covered by 5 the authorization. 6 d. The person’s identification number. Notwithstanding 7 chapter 22, the department shall keep the person’s tax 8 identification number confidential except for purposes of tax 9 administration by the department of revenue, including as 10 provided in section 421.18. 11 4. The authorization expires on an annual basis as 12 provided by the department, and must be renewed by the 13 commercial establishment on an annual basis on or before the 14 authorization’s expiration date. 15 5. a. A commercial establishment applying for the issuance 16 or renewal of a permit shall provide the department with proof 17 that the person is a federal licensee. 18 b. The department shall not require that it must enter onto 19 the premises of a commercial establishment in order to issue a 20 permit. The department shall not require that it must enter 21 onto the premises of a commercial establishment in order to 22 renew a permit, unless it has reasonable cause to monitor the 23 commercial establishment as provided in section 162.10C. 24 Sec. 5. NEW SECTION . 162.2B Fees. 25 The department shall establish, assess, and collect fees as 26 provided in this section. 27 1. A commercial establishment shall pay authorization fees 28 to the department for the issuance or renewal of a certificate 29 of registration, state license, or permit. 30 a. For the issuance or renewal of a certificate of 31 registration, seventy-five dollars. 32 b. For the issuance or renewal of a state license or permit, 33 one hundred seventy-five dollars. However, a commercial 34 breeder who owns, keeps, breeds, or transports a greyhound dog 35 -4- LSB 5294SV (3) 83 da/rj 4/ 21

S.F. 2365 for pari-mutuel wagering at a racetrack as provided in chapter 1 99D shall pay a different fee for the issuance or renewal of a 2 state license as provided in rules adopted by the department. 3 2. The department shall retain all fees that it collects 4 under this section for the exclusive purpose of administering 5 and enforcing the provisions of this chapter. The fees shall 6 be considered repayment receipts as defined in section 8.2. 7 The general assembly shall appropriate moneys to the department 8 each state fiscal year necessary for the administration and 9 enforcement of this chapter. 10 Sec. 6. Section 162.3, Code 2009, is amended by striking the 11 section and inserting in lieu thereof the following: 12 162.3 Operation of a pound —— certificate of registration. 13 A pound shall only operate pursuant to a certificate of 14 registration issued or renewed by the department as provided 15 in section 162.2A. A pound may sell dogs or cats under its 16 control, if sales are allowed by the department. The pound 17 shall maintain records as required by the department in order 18 for the department to ensure the pound’s compliance with the 19 provisions of this chapter. 20 Sec. 7. Section 162.4, Code 2009, is amended by striking the 21 section and inserting in lieu thereof the following: 22 162.4 Operation of an animal shelter —— certificate of 23 registration. 24 An animal shelter shall only operate pursuant to a 25 certificate of registration issued or renewed by the department 26 as provided in section 162.2A. An animal shelter may sell dogs 27 or cats if sales are allowed by the department. The animal 28 shelter facility shall maintain records as required by the 29 department in order for the department to ensure the animal 30 shelter’s compliance with the provisions of this chapter. 31 Sec. 8. NEW SECTION . 162.4A Operation of a research 32 facility —— certificate of registration. 33 A research facility shall only operate pursuant to a 34 certificate of registration issued by the department as 35 -5- LSB 5294SV (3) 83 da/rj 5/ 21

S.F. 2365 provided in section 162.2A. The research facility shall 1 maintain records as required by the department in order for the 2 department to ensure the research facility’s compliance with 3 the provisions of this chapter. A research facility shall not 4 purchase a dog or cat from a commercial establishment that does 5 not have a valid authorization issued or renewed under this 6 chapter or a similar authorization issued or renewed by another 7 state. 8 Sec. 9. Section 162.5, Code 2009, is amended by striking the 9 section and inserting in lieu thereof the following: 10 162.5 Operation of a pet shop —— state license. 11 A pet shop shall only operate pursuant to a state license 12 issued or renewed by the department pursuant to section 13 162.2A. The pet shop shall maintain records as required by the 14 department in order for the department to ensure the pet shop’s 15 compliance with the provisions of this chapter. A pet shop 16 shall not purchase a dog or cat from a commercial establishment 17 that does not have a valid authorization issued or renewed 18 under this chapter or a similar authorization issued or renewed 19 by another state. 20 Sec. 10. NEW SECTION . 162.5A Operation of a boarding kennel 21 —— state license. 22 A boarding kennel shall only operate pursuant to a state 23 license issued by the department as provided in section 162.2A. 24 The boarding kennel shall maintain records as required by 25 the department in order for the department to ensure the 26 boarding kennel’s compliance with the provisions of this 27 chapter. A boarding kennel shall not purchase a dog or cat 28 from a commercial establishment that does not have a valid 29 authorization issued or renewed under this chapter or a similar 30 authorization issued or renewed by another state. 31 Sec. 11. Section 162.6, Code 2009, is amended by striking 32 the section and inserting in lieu thereof the following: 33 162.6 Operation of a commercial kennel —— state license. 34 A commercial kennel shall only operate pursuant to a state 35 -6- LSB 5294SV (3) 83 da/rj 6/ 21

S.F. 2365 license issued or renewed by the department as provided in 1 section 162.2A. A commercial kennel shall maintain records 2 as required by the department in order for the department to 3 ensure the commercial kennel’s compliance with the provisions 4 of this chapter. A commercial kennel shall not purchase a dog 5 or cat from a commercial establishment that does not have a 6 valid authorization issued or renewed under this chapter or a 7 similar authorization issued or renewed by another state. 8 Sec. 12. Section 162.7, Code 2009, is amended by striking 9 the section and inserting in lieu thereof the following: 10 162.7 Operation of a dealer —— state license or permit. 11 A dealer shall only operate pursuant to a state license, 12 or a permit, issued or renewed by the department as provided 13 in section 162.2A. A dealer who is a state licensee shall 14 maintain records as required by the department in order for the 15 department to ensure compliance with the provisions of this 16 chapter. A dealer who is a permittee may but is not required 17 to maintain records. A dealer shall not purchase a dog or cat 18 from a commercial establishment that does not have a valid 19 authorization issued or renewed under this chapter or a similar 20 authorization issued or renewed by another state. 21 Sec. 13. Section 162.8, Code 2009, is amended by striking 22 the section and inserting in lieu thereof the following: 23 162.8 Operation of a commercial breeder —— state license or 24 permit. 25 A commercial breeder shall only operate pursuant to a state 26 license, or a permit, issued or renewed by the department 27 as provided in section 162.2A. A commercial breeder who is 28 a state licensee shall maintain records as required by the 29 department in order for the department to ensure the commercial 30 breeder’s compliance with the provisions of this chapter. A 31 commercial breeder who is a permittee may but is not required 32 to maintain records. A commercial breeder shall not purchase a 33 dog or cat from a commercial establishment that does not have a 34 valid authorization issued or renewed under this chapter or a 35 -7- LSB 5294SV (3) 83 da/rj 7/ 21

S.F. 2365 similar authorization issued or renewed by another state. 1 Sec. 14. NEW SECTION . 162.9A Operation of a public auction 2 —— state license or permit. 3 A public auction shall only operate pursuant to a state 4 license, or a permit, issued or renewed by the department 5 as provided in section 162.2A. A public auction which is 6 a state licensee shall maintain records as required by the 7 department in order for the department to ensure the public 8 auction’s compliance with the provisions of this chapter. A 9 public auction which is a permittee may but is not required to 10 maintain records. A public auction shall not purchase a dog or 11 cat 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. 15. NEW SECTION . 162.10A Commercial establishments —— 15 standard of care. 16 1. a. A commercial establishment shall provide for a 17 standard of care that ensures that an animal in its possession 18 or under its control is not lacking any of the following: 19 (1) Adequate feed, adequate water, housing facilities, 20 sanitary control, or grooming practices, if such lack causes 21 adverse health or suffering. 22 (2) Veterinary care. 23 b. A commercial establishment, other than a research 24 facility or pet shop, shall provide for the standard of care 25 for dogs and cats in its possession or under its control, and a 26 research facility or pet shop shall provide for the standard 27 of care for vertebrate animals in its possession or under its 28 control. 29 2. a. Except as provided in paragraph “b” or “c” , a 30 commercial establishment shall comply with rules that the 31 department adopts to implement subsection 1. A commercial 32 establishment shall be regulated under this paragraph “a” 33 unless the person is a state licensee as provided in paragraph 34 “b” or a permittee as provided in paragraph “c” . 35 -8- LSB 5294SV (3) 83 da/rj 8/ 21

S.F. 2365 b. A state licensee who is a commercial breeder owning, 1 breeding, transporting, or keeping a greyhound dog for 2 pari-mutuel wagering at a racetrack as provided in chapter 99D 3 may be required to comply with different rules adopted by the 4 department. 5 c. A permittee is not required to comply with rules that the 6 department adopts to implement a standard of care as provided 7 in subsection 1 for state licensees and registrants. The 8 department may adopt rules regulating a standard of care for 9 a permittee, so long as the rules are not more restrictive 10 than required for a permittee under the Animal Welfare Act. 11 However, the department may adopt prescriptive rules relating 12 to the standard of care. Regardless of whether the department 13 adopts such rules, a permittee meets the standard of care 14 required in subsection 1, if it voluntarily complies with rules 15 applicable to state licensees or registrants. A finding by 16 the United States department of agriculture that a permittee 17 complies with the Animal Welfare Act is not conclusive when 18 determining that the permittee provides a standard of care 19 required in subsection 1. 20 3. A commercial establishment fails to provide for a 21 standard of care as provided in subsection 1, if the commercial 22 establishment commits abuse as described in section 717B.2, 23 neglect as described in section 717B.3, or torture as provided 24 in section 717B.3A. 25 Sec. 16. NEW SECTION . 162.10B Commercial establishments —— 26 inspecting state licensees and registrants. 27 The department may inspect the commercial establishment of 28 a registrant or state licensee by entering onto its business 29 premises at any time during normal working hours. The 30 department may inspect records required to be maintained by the 31 state licensee or registrant as provided in this chapter. If 32 the owner or person in charge of the commercial establishment 33 refuses admittance, the department may obtain an administrative 34 search warrant issued under section 808.14. 35 -9- LSB 5294SV (3) 83 da/rj 9/ 21

S.F. 2365 Sec. 17. NEW SECTION . 162.10C Commercial establishments 1 —— monitoring permittees. 2 1. The department may monitor the commercial establishment 3 of a permittee by entering onto its business premises at 4 any time during normal working hours. The department shall 5 monitor the commercial establishment for the limited purpose of 6 determining whether the permittee is providing for a standard 7 of care required for permittees under section 162.10A. If 8 the owner or person in charge of the commercial establishment 9 refuses admittance, the department may obtain an administrative 10 search warrant issued under section 808.14. 11 2. In order to enter onto the business premises of a 12 permittee’s commercial establishment, the department must have 13 reasonable cause to suspect that the permittee is not providing 14 for the standard of care required for permittees under section 15 162.10A. Reasonable cause must be supported by any of the 16 following: 17 a. An oral or written complaint received by the department 18 by a person. The complainant must provide the complainant’s 19 name and address and telephone number. Notwithstanding chapter 20 22, the department’s record of a complaint is confidential, 21 unless any of the following apply: 22 (1) The results of the monitoring are used in a contested 23 case proceeding as provided in chapter 17A or in a judicial 24 proceeding. 25 (2) The record is sought in discovery in any administrative, 26 civil, or criminal case. 27 (3) The department’s record of a complaint is filed by a 28 person other than an individual. 29 b. A report prepared by a person employed by the United 30 States department of agriculture that requires a permittee to 31 take action necessary to correct a breach of standard of care 32 required of federal licensees by the Animal Welfare Act or of 33 permittees by section 162.10A. The department is not required 34 to dedicate any number of hours to viewing or analyzing such 35 -10- LSB 5294SV (3) 83 da/rj 10/ 21

S.F. 2365 reports. 1 3. When carrying out this section, the department may 2 cooperate with the United States department of agriculture. 3 The department shall report any findings resulting in an 4 enforcement action under section 162.10D to the United States 5 department of agriculture. 6 Sec. 18. NEW SECTION . 162.10D Commercial establishments 7 —— disciplinary actions. 8 1. The department may take disciplinary action against a 9 person by suspending or revoking the person’s authorization for 10 violating a provision of this chapter or chapter 717B, or who 11 commits an unlawful practice under section 714.16. 12 2. The department may require that an owner, operator, or 13 employee of a commercial establishment subject to disciplinary 14 action under subsection 1 to complete a continuing education 15 program as a condition for retaining an authorization. 16 This section does not prevent a person from voluntarily 17 participating in a continuing education program. 18 3. The department shall administer the continuing education 19 program by either providing direct instruction or selecting 20 persons to provide such instruction. The department is not 21 required to compensate persons for providing the instruction, 22 and may require attendees to pay reasonable fees necessary to 23 compensate the department providing the instruction or a person 24 selected by the department to provide the instruction. The 25 department shall, to every extent possible, select persons to 26 provide the instruction by consulting with organizations that 27 represent commercial establishments, including but not limited 28 to the Iowa pet breeders association. 29 4. The department shall establish the criteria for a 30 continuing education program which shall include at least three 31 and not more than eight hours of instruction. The department 32 shall provide for the program’s beginning and ending dates. 33 However, a person must complete the program in twelve months 34 or less. 35 -11- LSB 5294SV (3) 83 da/rj 11/ 21

S.F. 2365 Sec. 19. Section 162.11, subsections 1 and 3, Code 2009, are 1 amended by striking the subsections. 2 Sec. 20. Section 162.11, subsection 2, Code 2009, is amended 3 by striking the subsection and inserting in lieu thereof the 4 following: 5 2. This chapter does not apply to a federal licensee except 6 as provided in the following: 7 a. Sections 162.2, 162.2A, 162.2B, 162.7, 162.8, 162.9A, 8 162.10A, 162.10C, 162.10D, 162.12A, and 162.13. 9 b. Section 162.1 but only to the extent required to 10 implement sections described in paragraph “a” . 11 c. Section 162.16 but only to the extent required to 12 implement sections described in paragraph “a” . 13 Sec. 21. Section 162.12, Code 2009, is amended to read as 14 follows: 15 162.12 Denial or revocation of license or registration. 16 A certificate of registration may be denied to any animal 17 shelter, pound , or animal shelter research facility and a 18 state license or certificate of registration may be denied 19 to any public auction, boarding kennel, commercial kennel, 20 research facility, pet shop, commercial breeder, or dealer, or 21 an existing certificate of registration or state license may 22 be revoked by the secretary if, after public hearing, it is 23 determined that the housing facilities or primary enclosures 24 are inadequate under this chapter or if the feeding, watering, 25 cleaning, and housing practices at the pound, animal shelter, 26 public auction, pet shop, boarding kennel, commercial kennel, 27 research facility, or those practices by the commercial breeder 28 or dealer, are not in compliance with this chapter or with the 29 rules adopted pursuant to this chapter. The premises of each 30 registrant or state licensee or certificate holder shall be 31 open for inspection during normal business hours. 32 Sec. 22. NEW SECTION . 162.12A Civil penalties. 33 The department shall establish, impose, and assess civil 34 penalties for violations of this chapter. The department may 35 -12- LSB 5294SV (3) 83 da/rj 12/ 21

S.F. 2365 by rule establish a schedule of civil penalties for violations 1 of this chapter. All civil penalties collected under this 2 section shall be deposited into the general fund of the state. 3 1. a. A commercial establishment that operates pursuant 4 to an authorization issued or renewed under this chapter is 5 subject to a civil penalty of not more than five hundred 6 dollars, regardless of the number of animals possessed or 7 controlled by the commercial establishment, for violating this 8 chapter. Except as provided in paragraph “b” , each day that a 9 violation continues shall be deemed a separate offense. 10 b. This paragraph applies to a commercial establishment 11 that violates a standard of care involving housing as provided 12 in section 162.10A. The departmental official who makes 13 a determination that a violation exists shall provide a 14 corrective plan to the commercial establishment describing how 15 the violation will be corrected within a compliance period of 16 not more than fifteen days from the date of approval by the 17 official of the corrective plan. The civil penalty shall not 18 exceed five hundred dollars for the first day of the violation. 19 After that day, the department shall not impose a civil penalty 20 for the violation during the compliance period. The department 21 shall not impose an additional civil penalty, unless the 22 commercial establishment fails to correct the violation by the 23 end of the compliance period. If the commercial establishment 24 fails to correct the violation by the end of the compliance 25 period, each day that the violation continues shall be deemed a 26 separate offense. 27 2. A commercial establishment that does not operate 28 pursuant to an authorization issued or renewed under this 29 chapter is subject to a civil penalty of not more than one 30 thousand dollars, regardless of the number of animals possessed 31 or controlled by the commercial establishment, for violating 32 this chapter. Each day that a violation continues shall be 33 deemed a separate offense. 34 Sec. 23. Section 162.13, Code 2009, is amended to read as 35 -13- LSB 5294SV (3) 83 da/rj 13/ 21

S.F. 2365 follows: 1 162.13 Penalties Criminal penalties —— confiscation . 2 1. Operation of a pound, animal shelter, pet shop, boarding 3 kennel, commercial kennel, research facility, or public 4 auction, or dealing in dogs or cats, or both, either as a 5 dealer or a commercial breeder, without a currently valid 6 license or a certificate of registration is A person who 7 operates a commercial establishment without an authorization 8 issued or renewed by the department as required in section 9 162.2A is guilty of a simple misdemeanor and each day of 10 operation is a separate offense. 11 2. The failure of any pound, research facility, animal 12 shelter, pet shop, boarding kennel, commercial kennel, 13 commercial breeder, public auction, or dealer, to adequately 14 house, feed, or water dogs, cats, or vertebrate animals in 15 the person’s or facility’s possession or custody a person 16 who owns or operates a commercial establishment to meet the 17 standard of care required in section 162.10A, subsection 1, is 18 a simple misdemeanor. The animals are subject to seizure and 19 impoundment and may be sold or destroyed as provided by rules 20 which shall be adopted by the department pursuant to chapter 21 17A. The rules shall provide for the destruction of an animal 22 by a humane method, including by euthanasia. 23 3. The failure of a person who owns or operates a commercial 24 establishment to meet the requirements of this section is 25 also cause for the suspension or revocation or suspension 26 of license or registration after public hearing of the 27 person’s authorization as provided in section 162.10D . The 28 commission of an act declared to be an unlawful practice under 29 section 714.16 or prohibited under chapter 717 or 717B , by 30 a person licensed or registered under this chapter is cause 31 for revocation or suspension of the license or registration 32 certificate. 33 4. Dogs, cats, and other vertebrates vertebrate 34 animals upon which euthanasia is permitted by law may be 35 -14- LSB 5294SV (3) 83 da/rj 14/ 21

S.F. 2365 destroyed by a person subject to this chapter or chapter 169, 1 by a humane method, including euthanasia, as provided by rules 2 which shall be adopted by the department pursuant to chapter 3 17A. 4 5. It is unlawful for a dealer to knowingly ship a diseased 5 animal. A dealer violating this paragraph subsection is 6 subject to a fine not exceeding one hundred dollars. 7 Each diseased animal shipped in violation of this 8 paragraph subsection is a separate offense. 9 Sec. 24. Section 162.16, Code 2009, is amended by striking 10 the section and inserting in lieu thereof the following: 11 162.16 Rules. 12 The department shall adopt rules and promulgate forms 13 necessary to administer and enforce the provisions of this 14 chapter. 15 Sec. 25. Section 717B.1, Code 2009, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 3A. “Department” means the department of 18 agriculture and land stewardship. 19 Sec. 26. Section 717B.1, Code 2009, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 3A. “Department” means the department of 22 agriculture and land stewardship. 23 Sec. 27. NEW SECTION . 717B.10 Threatened animal reporting 24 by veterinarians. 25 This section applies to a veterinarian who is licensed or who 26 holds a valid temporary permit to practice veterinary medicine 27 in this state pursuant to chapter 169. 28 1. A veterinarian who is presented with an animal for 29 examination or treatment shall file a threatened animal report 30 if the veterinarian determines that the animal is a threatened 31 animal. 32 2. The department shall establish a system of receiving and 33 filing threatened animal reports, including the promulgation 34 of forms. A threatened animal report shall be in writing in 35 -15- LSB 5294SV (3) 83 da/rj 15/ 21

S.F. 2365 a printed or electronic format as required by the department. 1 The threatened animal report shall include information as 2 required by the department which shall at least include all of 3 the following: 4 a. Information identifying the veterinarian. 5 b. Information identifying the responsible party, including 6 the name and address of the responsible party. 7 c. Information identifying the threatened animal, 8 including by family and species classification, the name and a 9 description of the threatened animal, and any other identifying 10 information accessed from an installed identification device 11 as defined in section 169A.1. 12 d. The date that the veterinarian examined or treated the 13 threatened animal. 14 e. A summary description of the threatened animal’s 15 condition and any required treatment whether or not 16 administered. 17 3. A veterinarian shall use best efforts to complete the 18 threatened animal report, but is not required to conduct an 19 inquiry in order to obtain information solely to complete the 20 report. 21 4. A veterinarian who in good faith files a threatened 22 animal report with the department shall not be criminally or 23 civilly liable, including for damages for acts or omissions 24 in preparing or filing the threatened animal report, or 25 cooperating with the department or a local authority. The good 26 faith of the veterinarian is presumed as a matter of law. 27 5. A veterinarian is not required to file a threatened 28 animal report if any of the following apply: 29 a. The veterinarian when examining or treating a threatened 30 animal is any of the following: 31 (1) Employed by the state or local authority. 32 (2) Under contract with state or local authority. 33 (3) Under the supervision of the state or local authority. 34 b. The veterinarian is conducting an examination or 35 -16- LSB 5294SV (3) 83 da/rj 16/ 21

S.F. 2365 treatment pursuant to court order. 1 6. The department may forward a threatened animal report 2 to the local authority where the responsible party resides 3 or where the threatened animal is kept. The department may 4 investigate a commercial establishment identified as the 5 responsible party in a threatened animal report. 6 7. The department shall record a veterinarian who fails to 7 file a threatened animal report as required by this section. 8 Prior to recording the veterinarian, the department shall 9 notify the veterinarian of its determination and provide the 10 veterinarian with an opportunity to contest the determination 11 pursuant to chapter 17A. A veterinarian who is recorded and 12 who subsequently fails to file a threatened animal report 13 is guilty of a simple misdemeanor. The department may 14 refer information regarding such failure subsequent to the 15 veterinarian’s recording under this subsection to the county 16 attorney in the county where the veterinarian is practicing 17 or to the attorney general who may initiate and carry out 18 the prosecution in cooperation, if possible, with the county 19 attorney. 20 Sec. 28. REPEAL. Sections 162.9, 162.10, and 162.18, Code 21 2009, are repealed. 22 Sec. 29. CURRENT DEPARTMENTAL RULES. This Act does not 23 diminish the authority of the department of agriculture and 24 land stewardship to regulate different types of commercial 25 establishments as provided in 21 IAC ch. 67. 26 Sec. 30. ISSUANCE OF PERMITS. This Act does not require 27 a commercial establishment that has been issued or renewed a 28 certificate of registration to be issued a permit earlier than 29 required in section 162.2A for the renewal of a permit. The 30 person shall hold the certificate of registration in the same 31 manner as a permit pursuant to this Act. 32 Sec. 31. EFFECTIVE UPON ENACTMENT. This Act, being deemed 33 of immediate importance, takes effect upon enactment. 34 EXPLANATION 35 -17- LSB 5294SV (3) 83 da/rj 17/ 21

S.F. 2365 GENERAL. This bill provides for the regulation of 1 commercial establishments that possess or control animals, 2 other than animals used for an agricultural purpose, by the 3 department of agriculture and land stewardship. Under current 4 law an animal shelter, pound, or research facility must obtain 5 a certificate of registration; a pet shop, boarding kennel, or 6 commercial kennel must obtain a state license; and a commercial 7 breeder, dealer, and public auction must obtain a certificate 8 of registration because they are federally licensed. The bill 9 provides that a commercial breeder, dealer, and public auction 10 must obtain a permit instead of a certificate of registration. 11 All of these documents are referred to as authorizations. 12 AUTHORIZATION. The bill provides that a commercial 13 establishment must pay a fee for being issued or renewed an 14 authorization. The bill increases fees required to be paid for 15 the issuance or renewal of an authorization. The bill requires 16 the department to establish different fees for greyhounds kept 17 for racing and to regulate a commercial breeder who breeds 18 any number of greyhounds. It places a restriction upon the 19 department’s power to enter onto the premises of a commercial 20 establishment being issued a permit. 21 PURCHASE OF DOGS AND CATS BY UNAUTHORIZED COMMERCIAL 22 ESTABLISHMENTS. The bill prohibits a research facility, pet 23 shop, boarding kennel, commercial kennel, dealer, commercial 24 breeder, or public auction from purchasing a dog or cat from a 25 commercial establishment, that is not authorized in this state 26 or another state. 27 STANDARD OF CARE. The bill requires that commercial 28 establishments must operate pursuant to an authorization and 29 requires registrants and state licensees to maintain records. 30 The bill provides for a general standard of care for all 31 commercial establishments. The commercial establishment must 32 ensure that an animal in its possession or under its control is 33 not lacking adequate feed, adequate water, housing facilities, 34 sanitary control, grooming practices affecting the health of 35 -18- LSB 5294SV (3) 83 da/rj 18/ 21

S.F. 2365 the animal, or veterinary care. A registrant or state licensee 1 must comply with departmental rules, with two exceptions. 2 The department may adopt different rules that apply to state 3 licensees who keep greyhounds for racing. A permittee may meet 4 the standard of care without complying with the departmental 5 rules. It may also fail to meet the standard of care even 6 though it passes a federal inspection. The department may 7 adopt rules implementing a standard of care so long as the 8 rules are not more restrictive than the federal Animal Welfare 9 Act. The bill allows the department to adopt prescriptive 10 rules. A person who commits animal cruelty under Code chapter 11 717B fails to meet the standard of care. 12 ENTERING ONTO THE BUSINESS PREMISES. The bill provides 13 that the department may inspect a registrant or state licensee 14 by entering onto its business premises and may inspect its 15 records. The department may monitor a permittee by entering 16 onto its business premises for the limited purpose of 17 determining whether the permittee is providing for the required 18 standard of care. In order to enter onto the premises of a 19 permittee, the department must have reasonable cause supported 20 by an oral or written complaint or a report filed by the United 21 States department of agriculture. The bill provides for the 22 confidentiality of complaints filed by individuals unless they 23 are relevant to an administrative or court proceeding. 24 DISCIPLINARY ACTIONS. The bill provides that the department 25 may take disciplinary action against a commercial establishment 26 by suspending or revoking the commercial establishment’s 27 authorization. The department may require that an owner, 28 operator, or employee of a commercial establishment complete 29 a continuing education program which is supervised by the 30 department but may be administered by a person selected by the 31 department. 32 EXCEPTIONS. The bill eliminates provisions that exempted 33 federal licensees from regulations. It provides that 34 permittees are subject to regulation as expressly provided in 35 -19- LSB 5294SV (3) 83 da/rj 19/ 21