Senate Study Bill 1242
SENATE FILE
BY (PROPOSED COMMITTEE ON
STATE GOVERNMENT BILL BY
CHAIRPERSON APPEL)
Passed Senate, Date Passed House, 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:
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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
1 35 pursuant to this chapter. The premises of each licensee or
2 1 certificate holder such person shall be open for inspection
2 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
2 35 162.8). A federally licensed commercial establishment must
3 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).
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