House File 298 - Introduced HOUSE FILE 298 BY ALONS and J. SMITH A BILL FOR An Act exempting persons operating as an exhibitor of animals 1 from license or permit fees imposed upon certain commercial 2 establishments. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2459HH (5) 85 da/nh
H.F. 298 Section 1. Section 162.2B, subsection 1, paragraph b, Code 1 2013, is amended to read as follows: 2 b. For the issuance or renewal of a state license or permit, 3 one hundred seventy-five dollars. However, a all of the 4 following shall apply: 5 (1) A commercial breeder who owns, keeps, breeds, or 6 transports a greyhound dog for pari-mutuel wagering at a 7 racetrack as provided in chapter 99D shall pay a different fee 8 for the issuance or renewal of a state license as provided in 9 rules adopted by the department. 10 (2) A fee is not required for a person operating on 11 a nonprofit basis as an exhibitor pursuant to any of the 12 following: 13 (a) A class C license issued by the United States department 14 of agriculture pursuant to 9 C.F.R. ch. 1, subch. A, pt. 1, 15 §1.1 and pt. 2, subpt. A. 16 (b) Registration with the United States department of 17 agriculture pursuant to 9 C.F.R. ch. 1, subch. B. 18 EXPLANATION 19 BACKGROUND. This bill amends Code chapter 162, which 20 provides for the regulation of persons who possess or control 21 animals, and especially dogs and cats. The Code chapter is 22 administered and enforced by the department of agriculture 23 and land stewardship. A person operating a commercial 24 establishment (a commercial breeder, dealer, or public auction) 25 must obtain an authorization issued by the department. The 26 authorization may be either a state license, or a permit if 27 the person is operating under a federal license (Code section 28 162.2A). The department issues a certificate of registration 29 to a person operating a pound, animal shelter, or research 30 facility. 31 A commercial breeder is a person engaged in the business 32 of breeding dogs or cats, and who sells, exchanges, or leases 33 dogs or cats in return for consideration. A dealer is a 34 person who is engaged in the business of buying for resale or 35 -1- LSB 2459HH (5) 85 da/nh 1/ 2
H.F. 298 selling or exchanging dogs or cats. A public auction is a 1 place where dogs or cats are sold at auction to the highest 2 bidder. Generally, the person must pay the department an 3 annual fee of $175 for being issued or renewed a license or 4 permit, and the moneys collected from these fees are deposited 5 into a commercial establishment fund for use by the department 6 in administering and enforcing the regulations (Code section 7 162.2C). However, a commercial breeder who keeps greyhounds 8 for racing is subject to a separate fee. 9 BILL —— EXEMPTION FROM FEE FOR EXHIBITORS LICENSED OR 10 REGISTERED UNDER FEDERAL LAW. This bill provides that a fee 11 shall not be imposed upon a person who operates on a nonprofit 12 basis as an exhibitor, if the person is licensed or registered 13 with the United States department of agriculture under the 14 federal Animal Welfare Act. An exhibitor is a private or 15 public person who displays an animal to the public and includes 16 zoos operated for profit or not for profit (7 U.S.C. ch. 54). 17 Generally, federal law requires a license, but it also provides 18 for registration in lieu of licensure. The bill excuses a 19 person who is either licensed or registered under federal law 20 as an exhibitor. 21 -2- LSB 2459HH (5) 85 da/nh 2/ 2