HF 298 (LSB 2459HH (5) 85)

HOUSE FILE 298

BY  ALONS and J. SMITH

A BILL FOR

An Act exempting persons operating as an exhibitor of animals from license or permit fees imposed upon certain commercial establishments.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 162.2B, subsection 1, paragraph b, Code 2013, is amended to read as follows:
   b.  For the issuance or renewal of a state license or permit, one hundred seventy-five dollars. However, a
 
all of the following shall apply:
   (1)  A
 
commercial breeder who owns, keeps, breeds, or transports a greyhound dog for pari-mutuel wagering at a racetrack as provided in chapter 99D shall pay a different fee for the issuance or renewal of a state license as provided in rules adopted by the department.
   (2)  A fee is not required for a person operating on a nonprofit basis as an exhibitor pursuant to any of the following:
   (a)  A class C license issued by the United States department of agriculture pursuant to 9 C.F.R. ch. 1, subch. A, pt. 1, §1.1 and pt. 2, subpt. A.
   (b)  Registration with the United States department of agriculture pursuant to 9 C.F.R. ch. 1, subch. B.
EXPLANATION
   BACKGROUND. This bill amends Code chapter 162, which provides for the regulation of persons who possess or control animals, and especially dogs and cats. The Code chapter is administered and enforced by the department of agriculture and land stewardship. A person operating a commercial establishment (a commercial breeder, dealer, or public auction) must obtain an authorization issued by the department. The authorization may be either a state license, or a permit if the person is operating under a federal license (Code section 162.2A). The department issues a certificate of registration to a person operating a pound, animal shelter, or research facility.
   A commercial breeder is a person engaged in the business of breeding dogs or cats, and who sells, exchanges, or leases dogs or cats in return for consideration. A dealer is a person who is engaged in the business of buying for resale or selling or exchanging dogs or cats. A public auction is a place where dogs or cats are sold at auction to the highest bidder. Generally, the person must pay the department an annual fee of $175 for being issued or renewed a license or permit, and the moneys collected from these fees are deposited into a commercial establishment fund for use by the department in administering and enforcing the regulations (Code section 162.2C). However, a commercial breeder who keeps greyhounds for racing is subject to a separate fee.
   BILL —— EXEMPTION FROM FEE FOR EXHIBITORS LICENSED OR REGISTERED UNDER FEDERAL LAW. This bill provides that a fee shall not be imposed upon a person who operates on a nonprofit basis as an exhibitor, if the person is licensed or registered with the United States department of agriculture under the federal Animal Welfare Act. An exhibitor is a private or public person who displays an animal to the public and includes zoos operated for profit or not for profit (7 U.S.C. ch. 54). Generally, federal law requires a license, but it also provides for registration in lieu of licensure. The bill excuses a person who is either licensed or registered under federal law as an exhibitor.