H.F. 2123 Section 1. NEW SECTION . 162A.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Animal shelter” means an animal shelter which operates 4 pursuant to a certificate of registration issued or renewed by 5 the department pursuant to section 162.2A. 6 2. “Board” means the spay and neuter board created pursuant 7 to section 162A.2. 8 3. “Department” means the department of agriculture and land 9 stewardship. 10 4. “Fund” means the spay and neuter fund created pursuant 11 to section 162A.6. 12 5. “Pet” means a dog or cat. 13 6. “Secretary” means the secretary of agriculture. 14 Sec. 2. NEW SECTION . 162A.2 Creation, mission, department 15 of agriculture and land stewardship. 16 1. A spay and neuter board is created. 17 2. The board’s mission shall be to plan, develop, implement, 18 administer, and evaluate a statewide strategy for the humane 19 control of pet populations, including by supporting the 20 increased use of spaying and neutering. 21 3. The board shall be located in the department of 22 agriculture and land stewardship. The department shall provide 23 office space, administrative functions, and necessary supplies 24 and equipment. The department may charge the board reasonable 25 expenses for performing administrative functions. This 26 chapter shall not be interpreted to authorize the department’s 27 supervision, control, or oversight of the board. 28 Sec. 3. NEW SECTION . 162A.3 Appointment and procedures. 29 1. The membership of the board shall be composed of five 30 individuals appointed by the secretary as provided in this 31 section. 32 2. The board memberships must include all of the following: 33 a. An employee of the department. 34 b. A member of the Iowa federation of humane societies. 35 -1- LSB 5450YH (3) 85 da/rj 1/ 7

H.F. 2123 c. A member of the Iowa veterinary medical association. 1 d. A member of the animal rescue league of Iowa. 2 e. A member of the public who has demonstrated an active 3 interest in animal welfare. 4 3. Members of the board shall serve three-year staggered 5 terms beginning and ending as provided in section 69.19. 6 However, the member who is an employee of the department shall 7 serve at the pleasure of the secretary. 8 a. A member is eligible for reappointment. 9 b. A vacancy on the board shall be filled for the unexpired 10 portion of the regular term in the same manner as regular 11 appointments are made. The secretary may remove an individual 12 from the board for misfeasance, malfeasance, willful neglect of 13 duty, or other just cause, after notice and hearing, unless the 14 notice and hearing is expressly waived in writing. 15 4. The board shall elect a chairperson from among its 16 members each year on a rotating basis as provided by the board. 17 5. The board shall meet on a regular basis and at the 18 call of the chairperson or upon the written request to the 19 chairperson of any three members. 20 6. Three members constitute a quorum and the affirmative 21 vote of a majority of the members present is necessary for any 22 substantive action to be taken. However, a lesser number may 23 adjourn a meeting. A majority shall not include any member 24 who has a conflict of interest, and a statement by a member 25 that the member has a conflict of interest is conclusive for 26 this purpose. A vacancy in the membership does not impair the 27 duties of the board. 28 7. A member is entitled to receive reimbursement for actual 29 expenses incurred while engaged in the performance of official 30 duties. A member is not eligible to receive compensation or an 31 additional expense allowance provided in section 7E.6. 32 Sec. 4. NEW SECTION . 162A.4 Powers. 33 1. The spay and neuter board shall have all powers necessary 34 to administer this chapter, including but not limited to all 35 -2- LSB 5450YH (3) 85 da/rj 2/ 7

H.F. 2123 of the following: 1 a. Authorize payments from the spay and neuter fund. 2 b. Contract, sue and be sued. 3 c. Establish and collect fees. 4 d. Accept gifts, grants, and donations, including moneys or 5 services. 6 2. The board shall not in any manner, directly or 7 indirectly, pledge the credit of the state. 8 Sec. 5. NEW SECTION . 162A.5 Duties. 9 The spay and neuter board shall do all of the following: 10 1. Develop, establish, and manage initiatives, including 11 but not limited to plans, practices, events, projects, or 12 programs that further its mission as provided in section 13 162A.2. The board shall to every extent practical cooperate 14 with interested persons, including but not limited to 15 veterinarians, animal shelters, local communities, state 16 agencies, and interested individuals and organizations. 17 2. Manage moneys available to or accepted by the board under 18 this chapter, including moneys deposited in the fund. 19 3. Adopt rules necessary to administer this chapter. 20 4. Submit an annual report to the general assembly on or 21 before January 15 of each year. The report shall summarize 22 board activities, the expenditure of moneys in the fund, and 23 any recommendations that could further the board’s mission as 24 provided in section 162A.2. 25 Sec. 6. NEW SECTION . 162A.6 Spay and neuter fund. 26 1. A spay and neuter fund is created in the state treasury 27 under the control of the spay and neuter board. 28 2. The fund consists of moneys appropriated to the fund by 29 the general assembly, moneys credited to the fund from moneys 30 generated under section 422.12G and section 321.34, subsection 31 11C, and other moneys available to and obtained or accepted by 32 the board from public or private sources. 33 3. a. Notwithstanding section 12C.7, interest or earnings 34 on moneys in the fund shall be credited to the fund. 35 -3- LSB 5450YH (3) 85 da/rj 3/ 7

H.F. 2123 b. Notwithstanding section 8.33, moneys credited to the fund 1 that remain unexpended or unobligated at the end of a fiscal 2 year shall not revert to any other fund. 3 4. Moneys in the fund are appropriated to the board and 4 shall be used exclusively to carry out the provisions of this 5 chapter as determined and directed by the board. 6 Sec. 7. Section 321.34, Code 2014, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 11C. Spay and neuter plates. 9 a. Upon application and payment of the proper fees, the 10 director may issue “spay and neuter” plates to the owner of a 11 motor vehicle subject to registration under section 321.109, 12 subsection 1, motor truck, motor home, multipurpose vehicle, 13 motorcycle, trailer, or travel trailer. 14 b. Spay and neuter plates shall be designed by the 15 department in cooperation with the spay and neuter board 16 created pursuant to section 162A.6. 17 c. The special fee for letter-number designated spay and 18 neuter plates is thirty-five dollars. The fee for personalized 19 spay and neuter plates is twenty-five dollars, which shall 20 be paid in addition to the special spay and neuter fee of 21 thirty-five dollars. The fees collected by the director under 22 this subsection shall be paid monthly to the treasurer of state 23 and deposited in the road use tax fund. The treasurer of state 24 shall transfer monthly from the statutory allocations fund 25 created under section 321.145, subsection 2, to the spay and 26 neuter fund created in section 162A.6 the amount of the special 27 fees collected in the previous month for the spay and neuter 28 plates. 29 d. Upon receipt of the special registration plates, the 30 applicant shall surrender the current registration plates to 31 the county treasurer. The county treasurer shall validate 32 the special registration plates in the same manner as regular 33 registration plates are validated under this section. The 34 annual special spay and neuter fee for letter-number designated 35 -4- LSB 5450YH (3) 85 da/rj 4/ 7

H.F. 2123 plates is ten dollars, which shall be paid in addition to 1 the regular annual registration fee. The annual fee for 2 personalized spay and neuter plates is five dollars, which 3 shall be paid in addition to the annual special spay and neuter 4 fee and the regular annual registration fee. The annual spay 5 and neuter fee shall be credited as provided under paragraph 6 “c” . 7 Sec. 8. Section 321.145, subsection 2, paragraph b, 8 subparagraph (3), Code 2014, is amended to read as follows: 9 (3) The amounts required to be transferred pursuant to 10 section 321.34 from revenues available under this subsection 11 shall be transferred and credited as provided in section 12 321.34, subsections 7, 10, 10A, 11, 11A, 11B, 11C, 13, 16, 17, 13 18, 19, 20, 20A, 20B, 20C, 21, 22, 23, 24, 25, and 26 for the 14 various purposes specified in those subsections. 15 Sec. 9. NEW SECTION . 422.12G Income tax checkoff for 16 spaying and neutering pets. 17 1. A person who files an individual or a joint income tax 18 return with the department of revenue under section 422.13 may 19 designate one dollar or more to be paid to the spay and neuter 20 fund established in section 162A.6. If the refund due on the 21 return or the payment remitted with the return is insufficient 22 to pay the amount designated by the taxpayer to the foundation 23 fund, the amount designated shall be reduced to the remaining 24 amount of the refund or the remaining amount remitted with the 25 return. The designation of a contribution to the spay and 26 neuter fund under this section is irrevocable. 27 2. The department of revenue shall draft the income tax 28 form to allow the designation of contributions to the spay and 29 neuter fund on the tax return. The department, on or before 30 January 31, shall transfer the total amount designated on the 31 tax form due in the preceding year to the spay and neuter fund. 32 3. The board shall adopt rules to administer this section. 33 However, before a checkoff pursuant to this section shall be 34 permitted, all liabilities on the books of the department of 35 -5- LSB 5450YH (3) 85 da/rj 5/ 7

H.F. 2123 administrative services and accounts identified as owing under 1 section 8A.504 and the political contribution allowed under 2 section 68A.601 shall be satisfied. 3 Sec. 10. APPOINTMENTS. In making appointments to the spay 4 and neuter board as created in section 162A.2, as enacted in 5 this Act, the secretary of agriculture shall appoint a number 6 of initial members to serve for less or more than three years 7 to ensure that members serve staggered terms. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 GENERAL. This bill creates a spay and neuter board (board). 12 Its mission is to plan, develop, implement, administer, and 13 evaluate a statewide strategy for the humane control of pet 14 populations, including by supporting the increased use of 15 spaying and neutering. The board is housed in the department 16 of agriculture and land stewardship (DALS). 17 BOARD. The bill provides that the board includes an employee 18 of the department and four additional members appointed by the 19 secretary of agriculture. The members must have an interest 20 in the humane treatment of pets (dogs and cats). The board is 21 provided all powers necessary to carry out its mission. It 22 is required to cooperate with interested persons, including 23 but not limited to veterinarians, animal shelters, local 24 communities, state agencies, and interested individuals and 25 organizations. It must also submit an annual report to the 26 general assembly summarizing the board’s activities. 27 FUND. The bill creates a spay and neuter fund (fund) 28 under the control of the board. The fund consists of moneys 29 appropriated to the fund by the general assembly and other 30 moneys available to and obtained or accepted by the board from 31 public or private sources. The auditor conducts an annual 32 audit of the fund. 33 REVENUE —— INCOME TAX CHECKOFF. The bill provides that a 34 person who files an individual or a joint income tax return 35 -6- LSB 5450YH (3) 85 da/rj 6/ 7

H.F. 2123 with the department of revenue may designate $1 or more to be 1 paid to the fund. Generally, not more than four income tax 2 return checkoffs are allowed on each income tax return. When 3 the same four income tax return checkoffs have been provided 4 on the income tax return for two consecutive years, the two 5 checkoffs having generated the least amount of contributions 6 are automatically repealed (Code section 422.12E). 7 REVENUE —— SPAY AND NEUTER LICENSE PLATES. The department 8 of transportation (DOT) is required to issue special spay 9 and neuter plates to the owners of motor vehicles subject to 10 registration, motor trucks, motor homes, multipurpose vehicles, 11 motorcycles, trailers, and travel trailers. The plates must 12 be designed by DOT in cooperation with the board. The initial 13 fee for a letter-number plate is $35 and the initial fee for a 14 personalized plate is $60. The annual special fees for renewal 15 of the special plates are $10 for letter-number plates and $15 16 for personalized plates. The moneys collected by the treasurer 17 of state are also transferred to the fund. 18 -7- LSB 5450YH (3) 85 da/rj 7/ 7