S.F. 2073 Section 1. Section 162.2A, Code 2011, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 6. A commercial establishment may 3 relinquish an authorization issued or renewed by the department 4 pursuant to this section, in a manner required by the 5 department. 6 NEW SUBSECTION . 7. Notwithstanding this section, the 7 department may issue a temporary authorization to a person in 8 order to wind up the affairs of a commercial establishment. 9 Sec. 2. NEW SECTION . 162.8A Operation of a commercial 10 breeder —— authorization invalid. 11 1. This section applies to a person issued an authorization 12 by the department in the form of a state license or permit, 13 for operation as a commercial breeder, if the person’s 14 authorization becomes invalid because it has expired and has 15 not been renewed by the department as provided in section 16 162.2A, was revoked by the department as provided in section 17 162.10D, or was relinquished to the department as provided in 18 section 162.2A. 19 2. Not later than forty-five days after the person’s 20 authorization is no longer valid, the person must at least do 21 one of the following: 22 a. Obtain a new authorization issued by the department to 23 operate as a commercial breeder. 24 b. Sterilize the dogs or cats in the same manner as 25 prescribed in section 162.20. 26 c. Dispose of the dogs or cats. The person may accomplish 27 the disposition by transferring title, possession, and control 28 of unsterilized dogs or cats to another person. The person may 29 sell the dogs or cats to another person if issued a temporary 30 authorization as provided in section 162.2A. Alternatively, 31 the person may accomplish the disposition by humane destruction 32 in the manner provided in section 162.13. 33 3. Not later than fifty-five days after the person’s 34 authorization is no longer valid, the person shall submit a 35 -1- LSB 5679XS (5) 84 da/nh 1/ 3

S.F. 2073 written statement to the department. The statement shall 1 detail how the person complied with the requirements of this 2 section, including by identifying the dogs or cats that have 3 been sterilized or disposed of by transfer to another or humane 4 destruction. The statement shall also identify the dogs or 5 cats that were not sterilized or subject to disposition as 6 allowed in this section. 7 4. The person is subject to the provisions of chapter 717B. 8 5. Notwithstanding subsection 2, a person whose 9 authorization becomes invalid may continue to own, possess, and 10 control up to three dogs or cats capable of breeding. 11 Sec. 3. Section 162.12A, Code 2011, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 1A. A person whose authorization to operate 14 as a commercial breeder is invalid and who does not comply 15 with the requirements of section 162.8A is subject to a civil 16 penalty of not more than five hundred dollars. Each day that a 17 violation continues shall be deemed a separate offense. 18 EXPLANATION 19 BACKGROUND. In 2010, the general assembly enacted HF 20 2280 (2010 Iowa Acts, ch. 1030) authorizing the department 21 of agriculture and land stewardship (department) to regulate 22 commercial establishments that possess or control animals, 23 other than animals used for an agricultural purpose (Code 24 chapter 162). A commercial establishment includes an animal 25 shelter, pound, or research facility which must be issued a 26 certificate of registration; a pet shop, boarding kennel, or 27 commercial kennel which must be issued a state license; and 28 a commercial breeder, dealer, or public auction which must 29 be issued a state license, but may be issued a permit if 30 federally licensed. All of these documents are referred to 31 as authorizations (Code section 162.2A). The department may 32 take disciplinary action against a commercial establishment by 33 suspending or revoking its authorization. 34 RELINQUISHMENT. The bill provides that a commercial 35 -2- LSB 5679XS (5) 84 da/nh 2/ 3

S.F. 2073 establishment may relinquish an authorization according to 1 rules adopted by the department. 2 COMMERCIAL BREEDERS WHOSE STATE LICENSES OR PERMITS HAVE 3 BEEN REVOKED OR RELINQUISHED. The bill provides that a person 4 whose state license or permit for operation as a commercial 5 breeder was revoked must comply with one of three requirements. 6 First, the person may obtain a new state license or permit. 7 Second, the person may sterilize the dogs or cats. Third, 8 the person may reduce the number of dogs or cats owned by the 9 person or in the person’s possession or under its control. 10 The reduction may be accomplished by transfer or humane 11 destruction. The person must also submit a statement to the 12 department verifying how the person complied with the bill’s 13 requirements. Notwithstanding the sterilization and reduction 14 requirements, the person may keep three or fewer breeding dogs 15 or cats. 16 CIVIL PENALTIES. The bill provides that a person who does 17 not comply with the compliance requirements is subject to a 18 civil penalty of not more than $500 and each day that violation 19 continues constitutes a separate offense. 20 -3- LSB 5679XS (5) 84 da/nh 3/ 3