Senate File 265 - Introduced

SENATE FILE  	   BY	COMMITTEE ON STATE
GOVERNMENT

(SUCCESSOR TO SSB 1242)

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

A BILL FOR

An Act providing for the regulation of commercial establishments
that house animals by the department of agriculture and land
stewardship.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 2233SV 83
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 department may regulate a person who applies for or

  1  4 has been issued a

certificate of registration may be denied or

  1  5 revoked if the person no longer possesses a current and valid
  1  6 federal license.  Other than obtaining the certificate of
  1  7 registration from the secretary, any as a dealer, or
1	8 commercial breeder, and any person who operates a commercial
1	9 kennel, or public auction shall not be subject to further
  1 10 regulation under the provisions of this chapter only as
  1 11 provided in section 162.12.
1 12	Sec. 2.	Section 162.12, Code 2009, is amended to read as
1 13 follows:
1 14	162.12	DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION
  1 15 OR LICENSE OR REGISTRATION.
1 16	1.	A This subsection applies to a person who applies to
  1 17 the department for a certificate of registration may be denied
  1 18 to any or has been issued a certificate of registration as a
1 19 pound, or animal shelter, or research facility, and to a
1 20 person who applies for a license or certificate of
  1 21 registration may be denied to any has been issued a license as
  1 22 a public auction, boarding kennel, commercial kennel, research
  1 23 facility, pet shop, commercial breeder, or dealer, or an
  1 24 existing certificate or license may be revoked by the
  1 25 secretary if, after public hearing, it is determined.  The
  1 26 department may deny the person's application or revoke the
  1 27 person's certificate of registration or license, if the
  1 28 department determines that the housing facilities or primary
1 29 enclosures are inadequate under this chapter or if the
1 30 feeding, watering, cleaning, and housing practices at the
1 31 pound, animal shelter, public auction, pet shop, boarding
1 32 kennel, commercial kennel, research facility, or those
1 33 practices by the commercial breeder or dealer, are not in
1 34 compliance with this chapter or with the rules adopted
35 pursuant to this chapter.	The premises of each licensee or
  2  1 certificate holder such person shall be open for inspection
2 during normal business hours.
2	3	2.  This subsection applies to a person who applies to the
  2  4 department for a certificate of registration or has been
  2  5 issued a certificate of registration by the department as a
  2  6 commercial kennel, public auction, dealer, or commercial
  2  7 breeder, because the person has been issued a federal license.
2	8	a.  The department may deny the person's application or
  2  9 revoke the person's certificate of registration upon any of
  2 10 the following:
2 11	(1)  The person's violation of a requirement in subsection
  2 12 1 that directly relates to providing for the health and
  2 13 welfare of an animal.  A person does not violate subsection 1,
  2 14 including a rule adopted pursuant to this chapter, by failing

  2 15 to comply with an administrative requirement including but not
  2 16 limited to recordkeeping, that is imposed upon persons issued
  2 17 a certificate of registration or license pursuant to
  2 18 subsection 1.
2 19	(2)  The person's failure to retain the federal license.
2 20	b.  The department shall not inspect the premises of a
  2 21 person who has been issued a certificate of registration
  2 22 pursuant to this subsection, unless the department first
  2 23 receives a complaint.
2 24	EXPLANATION
2 25	This bill amends a provision in Code chapter 162
2 26 authorizing the department of agriculture and land stewardship
2 27 to regulate animals kept in commercial establishments.
2 28 Generally, commercial establishments must obtain a license or
2 29 certificate of registration.	The bill addresses several types
2 30 of commercial establishments that have obtained a federal
2 31 license in lieu of a state license.	The commercial
2 32 establishments of concern are a commercial kennel (Code
2 33 section 162.6), public auction (Code section 162.6), dealer
2 34 (Code section 162.7), and commercial breeder (Code section
35 162.8).	A federally licensed commercial establishment must
1 still obtain a certificate of registration from the
3	2 department.
3	3	Two Code sections address certificates of registration
3	4 issued to a federally licensed commercial establishment.	Code
3	5 section 162.11(2) provides that other than obtaining a
3	6 certificate of registration, the commercial establishment is
3	7 not subject to further departmental regulation.	However, Code
3	8 section 162.12 provides that the department may deny an
3	9 application for a certificate of registration or revoke a
3 10 certificate of registration that has been issued if the
3 11 department determines that the practices of the commercial
3 12 establishment do not comply with the requirements of the Code
3 13 chapter.	The Code section also provides that the premises of
3 14 a certificate holder must be open for inspection during normal
3 15 business hours.
3 16	The bill provides that the department may regulate a
3 17 federal licensee who holds a certificate of registration but
3 18 only under certain circumstances (Code section 162.11).	The
3 19 department may deny or revoke the certificate of registration
3 20 based on a violation of state law directly regulating the
3 21 health and welfare of an animal.	The bill rewrites a
3 22 requirement that provides that a denial or revocation may also
3 23 be based on a person's failure to retain a federal license.
3 24 In addition, the department is prohibited from inspecting the
3 25 premises of a federal licensee, unless the department first
3 26 receives a complaint (Code section 162.12).
3 27 LSB 2233SV 83
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