House File 2405 - Introduced HOUSE FILE 2405 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO HF 2123) A BILL FOR An Act relating to the spaying and neutering of pets, by 1 establishing a board and fund, providing for an income tax 2 checkoff, providing a program to assist low-income owners of 3 dogs and cats to spay and neuter their pets, and making an 4 appropriation. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5450HV (3) 85 da/rj

H.F. 2405 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. “Owner” means an individual who holds title to a pet or 13 who is primarily responsible for the care and feeding of a pet. 14 6. “Pet” means a dog or cat. 15 7. “Secretary” means the secretary of agriculture. 16 Sec. 2. NEW SECTION . 162A.2 Creation, mission, department 17 of agriculture and land stewardship. 18 1. A spay and neuter board is created. 19 2. The board’s mission shall be to provide financial 20 assistance to low-income owners who spay and neuter their pets. 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 three 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. The state veterinarian. 34 b. A member of the Iowa veterinary medical association. 35 -1- LSB 5450HV (3) 85 da/rj 1/ 6

H.F. 2405 c. A member of the animal rescue league of Iowa. 1 3. Members of the board other than the state veterinarian 2 shall serve three-year staggered terms beginning and ending as 3 provided in section 69.19. 4 a. A member is eligible for reappointment. 5 b. A vacancy on the board shall be filled for the unexpired 6 portion of the regular term in the same manner as regular 7 appointments are made. The secretary may remove an individual 8 from the board for misfeasance, malfeasance, willful neglect of 9 duty, or other just cause, after notice and hearing, unless the 10 notice and hearing is expressly waived in writing. 11 4. The board shall elect a chairperson from among its 12 members each year on a rotating basis as provided by the board. 13 5. The board shall meet on a regular basis and at the 14 call of the chairperson or upon the written request to the 15 chairperson of any two members. 16 6. The board shall not take substantive action regarding 17 a matter unless the board’s three members are present and at 18 least two of the members affirmatively vote to approve the 19 substantive action. However, a lesser number may adjourn a 20 meeting. A majority shall not include any member who has a 21 conflict of interest, and a statement by a member that the 22 member has a conflict of interest is conclusive for this 23 purpose. A vacancy in the membership does not impair the 24 duties of the board. 25 7. A member is entitled to receive reimbursement for actual 26 expenses incurred while engaged in the performance of official 27 duties. A member is not eligible to receive compensation or an 28 additional expense allowance provided in section 7E.6. 29 Sec. 4. NEW SECTION . 162A.4 Powers. 30 1. The spay and neuter board shall have all powers necessary 31 to administer this chapter, including but not limited to all 32 of the following: 33 a. Authorize payments from the spay and neuter fund. 34 b. Contract, sue and be sued. 35 -2- LSB 5450HV (3) 85 da/rj 2/ 6

H.F. 2405 c. Accept gifts, grants, and donations, including moneys or 1 services. 2 2. The board shall not in any manner, directly or 3 indirectly, pledge the credit of the state. 4 Sec. 5. NEW SECTION . 162A.5 Duties. 5 The spay and neuter board shall do all of the following: 6 1. Administer a spay and neuter program for pets of 7 low-income owners as provided in section 162A.7. The board 8 shall to every extent practical cooperate with interested 9 persons, including but not limited to veterinarians, animal 10 shelters, local communities, state agencies, and interested 11 individuals and organizations. 12 2. Manage moneys available to or accepted by the board under 13 this chapter, including moneys deposited in the fund. 14 3. Adopt rules necessary to administer this chapter. 15 4. Submit an annual report to the general assembly on or 16 before January 15 of each year. The report shall summarize 17 board activities, the expenditure of moneys in the fund, and 18 any recommendations that could further the board’s mission as 19 provided in section 162A.2. 20 Sec. 6. NEW SECTION . 162A.6 Spay and neuter fund. 21 1. A spay and neuter fund is created in the state treasury 22 under the control of the spay and neuter board. 23 2. The fund consists of moneys appropriated to the fund by 24 the general assembly, moneys credited to the fund from moneys 25 generated under section 422.12G and other moneys available to 26 or obtained or accepted by the board from public or private 27 sources. 28 3. a. Notwithstanding section 12C.7, interest or earnings 29 on moneys in the fund shall be credited to the fund. 30 b. Notwithstanding section 8.33, moneys credited to the fund 31 that remain unexpended or unobligated at the end of a fiscal 32 year shall not revert to any other fund. 33 4. Moneys in the fund are appropriated to the board and 34 shall be used exclusively to carry out the provisions of this 35 -3- LSB 5450HV (3) 85 da/rj 3/ 6

H.F. 2405 chapter as determined and directed by the board. 1 Sec. 7. NEW SECTION . 162A.7 Spay and neuter program for 2 pets of low-income owners. 3 1. A spay and neuter program for pets of low-income owners 4 is created. The program shall be administered by the board as 5 provided in this section. 6 2. The program shall provide financial assistance to 7 low-income owners who spay and neuter their pets, by providing 8 grants or vouchers to persons applying to the board. 9 a. In order to apply for and receive a grant, a person must 10 operate a commercial establishment pursuant to a certificate of 11 registration issued by the department under section 162.2A. 12 b. In order to apply for and receive a voucher, a person 13 must be a veterinarian licensed under chapter 169. The 14 board shall only redeem a voucher submitted to the board upon 15 determining that a low-income owner has had a pet spayed or 16 neutered by a licensed veterinarian. 17 3. The board shall adopt all rules necessary to administer 18 this section, including but not limited to determining 19 qualifications for low-income owners and procedures for 20 receiving, evaluating, and either approving or disapproving 21 applications. 22 Sec. 8. NEW SECTION . 422.12G Income tax checkoff for 23 spaying and neutering pets. 24 1. A person who files an individual or a joint income tax 25 return with the department of revenue under section 422.13 may 26 designate one dollar or more to be paid to the spay and neuter 27 fund established in section 162A.6. If the refund due on the 28 return or the payment remitted with the return is insufficient 29 to pay the amount designated by the taxpayer to the foundation 30 fund, the amount designated shall be reduced to the remaining 31 amount of the refund or the remaining amount remitted with the 32 return. The designation of a contribution to the spay and 33 neuter fund under this section is irrevocable. 34 2. The department of revenue shall draft the income tax 35 -4- LSB 5450HV (3) 85 da/rj 4/ 6

H.F. 2405 form to allow the designation of contributions to the spay and 1 neuter fund on the tax return. The department, on or before 2 January 31, shall transfer the total amount designated on the 3 tax form due in the preceding year to the spay and neuter fund. 4 3. The board shall adopt rules to administer this section. 5 However, before a checkoff pursuant to this section shall be 6 permitted, all liabilities on the books of the department of 7 administrative services and accounts identified as owing under 8 section 8A.504 and the political contribution allowed under 9 section 68A.601 shall be satisfied. 10 Sec. 9. APPOINTMENTS. In making appointments to the spay 11 and neuter board as created in section 162A.2, as enacted in 12 this Act, the secretary of agriculture shall appoint a number 13 of initial members to serve for less or more than three years 14 to ensure that members serve staggered terms. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 GENERAL. This bill creates a spay and neuter board (board). 19 Its mission is to provide financial assistance to low-income 20 owners who spay and neuter their pets. The board is housed in 21 the department of agriculture and land stewardship (DALS). 22 BOARD. The bill provides that the board includes the 23 state veterinarian, a member of the Iowa veterinary medical 24 association, and a member of the animal rescue league of Iowa. 25 The board is provided all powers necessary to carry out its 26 mission. It is required to cooperate with interested persons, 27 including but not limited to veterinarians, animal shelters, 28 local communities, state agencies, and interested individuals 29 and organizations. It must also submit an annual report to the 30 general assembly summarizing the board’s activities. 31 FUND. The bill creates a spay and neuter fund (fund) 32 under the control of the board. The fund consists of moneys 33 appropriated to the fund by the general assembly, possible 34 income tax checkoff moneys, and other moneys available to 35 -5- LSB 5450HV (3) 85 da/rj 5/ 6

H.F. 2405 and obtained or accepted by the board from public or private 1 sources. The auditor conducts an annual audit of the fund. 2 SPAY AND NEUTER PROGRAM. The bill creates a program for 3 spaying or neutering of pets of low-income owners. The board 4 administers the program by providing financial assistance in 5 the form of grants to animal shelters, pounds, or research 6 facilities and vouchers to licensed veterinarians. 7 REVENUE —— INCOME TAX CHECKOFF. The bill provides that a 8 person who files an individual or a joint income tax return 9 with the department of revenue may designate $1 or more to be 10 paid to the fund. Generally, not more than four income tax 11 return checkoffs are allowed on each income tax return. When 12 the same four income tax return checkoffs have been provided 13 on the income tax return for two consecutive years, the two 14 checkoffs having generated the least amount of contributions 15 are automatically repealed (Code section 422.12E). 16 -6- LSB 5450HV (3) 85 da/rj 6/ 6