SF 2290 (LSB 5679SV (1) 84)

SENATE FILE 2290

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO SF 2073)

A BILL FOR

An Act relating to persons who are no longer authorized to operate as commercial breeders, and providing for penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 162.2A, Code 2011, is amended by adding the following new subsections:
   NEW SUBSECTION.  6.  A commercial establishment may relinquish an authorization issued or renewed by the department pursuant to this section, in a manner required by the department.
   NEW SUBSECTION.  7.  Notwithstanding this section, the department may issue a temporary authorization to a person in order to wind up the affairs of a commercial establishment.
    Sec. 2.  NEW SECTION.  162.8A  Operation of a commercial breeder —— authorization invalid.
   1.  This section applies to a person issued an authorization by the department in the form of a state license or permit, for operation as a commercial breeder, if the person’s authorization becomes invalid because it has expired and has not been renewed by the department as provided in section 162.2A, was revoked by the department as provided in section 162.10D, or was relinquished to the department as provided in section 162.2A.
   2.  Not later than one hundred twenty days after the person’s authorization is no longer valid, the person must at least do one of the following:
   a.  Obtain a new authorization issued by the department to operate as a commercial breeder.
   b.  Sterilize the dogs or cats in the same manner as prescribed in section 162.20.
   c.  Dispose of the dogs or cats. The person may accomplish the disposition by transferring title, possession, and control of unsterilized dogs or cats to another person. The person may sell the dogs or cats to another person if issued a temporary authorization as provided in section 162.2A. Alternatively, the person may accomplish the disposition by humane destruction in the manner provided in section 162.13.
   3.  Not later than one hundred twenty days after the person’s authorization is no longer valid, the person shall submit a written statement to the department. The statement shall detail how the person complied with the requirements of this section, including by identifying the dogs or cats that have been sterilized or disposed of by transfer to another or humane destruction. The statement shall also identify the dogs or cats that were not sterilized or subject to disposition as allowed in this section.
   4.  The person is subject to the provisions of chapter 717B.
   5.  Notwithstanding subsection 2, a person whose authorization becomes invalid may continue to own, possess, and control up to three dogs or cats capable of breeding.
    Sec. 3.  Section 162.12A, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  A person whose authorization to operate as a commercial breeder is invalid and who does not comply with the requirements of section 162.8A is subject to a civil penalty of not more than five hundred dollars. Each day that a violation continues shall be deemed a separate offense.
EXPLANATION
   BACKGROUND. In 2010, the general assembly enacted HF 2280 (2010 Iowa Acts, ch. 1030) authorizing the department of agriculture and land stewardship (department) to regulate commercial establishments that possess or control animals, other than animals used for an agricultural purpose (Code chapter 162). A commercial establishment includes an animal shelter, pound, or research facility which must be issued a certificate of registration; a pet shop, boarding kennel, or commercial kennel which must be issued a state license; and a commercial breeder, dealer, or public auction which must be issued a state license, but may be issued a permit if federally licensed. All of these documents are referred to as authorizations (Code section 162.2A). The department may take disciplinary action against a commercial establishment by suspending or revoking its authorization.
   RELINQUISHMENT. The bill provides that a commercial establishment may relinquish an authorization according to rules adopted by the department.
   COMMERCIAL BREEDERS WHOSE STATE LICENSES OR PERMITS HAVE BEEN REVOKED OR RELINQUISHED. The bill provides that a person whose state license or permit for operation as a commercial breeder was revoked must comply with one of three requirements. First, the person may obtain a new state license or permit. Second, the person may sterilize the dogs or cats. Third, the person may reduce the number of dogs or cats owned by the person or in the person’s possession or under its control. The reduction may be accomplished by transfer or humane destruction. The person must also submit a statement to the department verifying how the person complied with the bill’s requirements. Notwithstanding the sterilization and reduction requirements, the person may keep three or fewer breeding dogs or cats.
   CIVIL PENALTIES. The bill provides that a person who does not comply with the compliance requirements is subject to a civil penalty of not more than $500 and each day that violation continues constitutes a separate offense.