S.F. _____ Section 1. Section 162.2, Code Supplement 2009, is amended 1 by adding the following new subsection: 2 NEW SUBSECTION . 8A. “Department” means the department of 3 agriculture and land stewardship. 4 Sec. 2. Section 162.6, Code 2009, is amended to read as 5 follows: 6 162.6 Commercial kennel or public auction license. 7 A person shall not operate a commercial kennel or public 8 auction unless the person has obtained a license to operate a 9 commercial kennel or a public auction issued by the secretary 10 or unless the person has obtained a certificate of registration 11 issued by the secretary if the kennel is federally licensed. 12 Application for the license or the certificate shall be made 13 in the manner provided by the secretary. The license and the 14 certificate expire one year from date of issue unless revoked. 15 The license fee is forty dollars per year and the certification 16 fee is twenty one hundred dollars annually. If the person 17 has obtained a federal license, the person need only obtain a 18 certificate. The license may be renewed upon application and 19 payment of the prescribed fee in the manner provided by the 20 secretary if the licensee has conformed to all statutory and 21 regulatory requirements. The certificate may be renewed upon 22 application and payment of the prescribed fee in the manner 23 provided by the secretary. A person who cares for Iowa whelped 24 dogs regulated under section 99D.22 is exempt from paying the 25 certification fee. 26 Sec. 3. Section 162.7, Code 2009, is amended to read as 27 follows: 28 162.7 Dealer license. 29 A person shall not operate as a dealer unless the person 30 has obtained a license issued by the secretary or unless the 31 person has obtained a certificate of registration issued by the 32 secretary if the kennel is federally licensed. Application 33 for the license or the certificate shall be made in the manner 34 provided by the secretary. The license and certificate expire 35 -1- LSB 5145XC (3) 83 da/nh 1/ 4

S.F. _____ one year from date of issue unless revoked. The license fee 1 is one hundred dollars per year and the certification fee 2 is twenty one hundred dollars per year. The license may be 3 renewed upon application and payment of the fee in the manner 4 provided by the secretary if the licensee has conformed to all 5 statutory and regulatory requirements. The certificate may be 6 renewed upon application and payment of the fee in the manner 7 provided by the secretary. A person who cares for Iowa whelped 8 dogs regulated under section 99D.22 is exempt from paying the 9 certification fee. 10 Sec. 4. Section 162.8, Code 2009, is amended to read as 11 follows: 12 162.8 Commercial breeder’s license. 13 A person shall not operate as a commercial breeder unless 14 the person has obtained a license issued by the secretary or 15 unless the person has obtained a certificate of registration 16 issued by the secretary if the kennel is federally licensed. 17 Application for the license or the certificate shall be made in 18 the manner provided by the secretary. The annual license or 19 the certification period expires one year from date of issue. 20 The license fee is forty dollars per year and the certificate 21 fee is twenty one hundred dollars per year. The license may 22 be renewed upon application and payment of the prescribed fee 23 in the manner provided by the secretary if the licensee has 24 conformed to all statutory and regulatory requirements. The 25 certificate may be renewed upon application and payment of the 26 prescribed fee in the manner provided by the secretary. A 27 person who cares for Iowa whelped dogs regulated under section 28 99D.22 is exempt from paying the certification fee. 29 Sec. 5. Section 162.11, subsection 2, Code 2009, is amended 30 by striking the subsection. 31 Sec. 6. Section 162.12, Code 2009, is amended to read as 32 follows: 33 162.12 Denial or revocation of license or registration 34 Regulation . 35 -2- LSB 5145XC (3) 83 da/nh 2/ 4

S.F. _____ 1. The department shall provide for the regulation of a 1 person who applies for or has been issued a certificate of 2 registration as a commercial kennel or public auction pursuant 3 to section 162.6, a dealer pursuant to section 162.7, or a 4 commercial breeder under section 162.8. 5 2. A certificate of registration may be denied to any pound 6 or animal shelter and a license or certificate of registration 7 may be denied to any public auction, boarding kennel, 8 commercial kennel, research facility, pet shop, commercial 9 breeder, or dealer, or an existing certificate or license may 10 be revoked by the secretary if, after public hearing, it is 11 determined that the housing facilities or primary enclosures 12 are inadequate under this chapter or if the feeding, watering, 13 cleaning, and housing practices at the pound, animal shelter, 14 public auction, pet shop, boarding kennel, commercial kennel, 15 research facility, or those practices by the commercial breeder 16 or dealer, are not in compliance with this chapter or with the 17 rules adopted pursuant to this chapter. The premises of each 18 licensee or certificate holder shall be open for inspection 19 during normal business hours. 20 Sec. 7. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP —— 21 REGULATION OF COMMERCIAL ESTABLISHMENTS. There is appropriated 22 from the general fund of the state to the department of 23 agriculture and land stewardship for the fiscal year beginning 24 July 1, 2010, and ending June 30, 2011, the following amount, 25 or so much thereof as is necessary, to be used for the purposes 26 designated: 27 For purposes of supporting an inspector for the enforcement 28 of chapter 162, including salaries, support, maintenance, 29 miscellaneous purposes, and for not more than the following 30 full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 33 EXPLANATION 34 This bill amends a provision in Code chapter 162 authorizing 35 -3- LSB 5145XC (3) 83 da/nh 3/ 4

S.F. _____ the department of agriculture and land stewardship to 1 regulate commercial establishments that care for dogs or 2 cats. Generally, a commercial establishment must obtain a 3 license or certificate of registration. The bill addresses 4 several types of commercial establishments that have obtained 5 a federal license in lieu of a state license. These include a 6 commercial kennel (Code section 162.6), public auction (Code 7 section 162.6), dealer (Code section 162.7), and commercial 8 breeder (Code section 162.8). A federally licensed commercial 9 establishment must still obtain a certificate of registration 10 from the department and must pay a certification fee of $20. 11 Two Code sections address certificates of registration issued 12 to a federally licensed commercial establishment. Code section 13 162.11(2) provides that other than obtaining a certificate 14 of registration, the commercial establishment is not subject 15 to further departmental regulation. However, Code section 16 162.12 provides that the department may deny an application 17 for a certificate of registration or revoke a certificate of 18 registration that has been issued if the department determines 19 that the practices of the commercial establishment do not 20 comply with the requirements of the Code chapter. 21 The bill increases the fee for the issuance of a certificate 22 of registration to $100, but exempts commercial establishments 23 that care for Iowa whelped dogs involved in pari-mutuel racing. 24 The bill eliminates Code section 162.11(2) and amends Code 25 section 162.12 to expressly direct the department to regulate 26 a person who applies for or has been issued a certificate of 27 registration as a commercial kennel or public auction, dealer, 28 or commercial breeder. The bill also makes an appropriation 29 and allocates a full-time equivalent position to the department 30 in order to enforce the provisions of the Code chapter. 31 -4- LSB 5145XC (3) 83 da/nh 4/ 4