Senate File 2166 - Introduced SENATE FILE 2166 BY McCOY A BILL FOR An Act providing for the regulation of commercial 1 establishments keeping nonagricultural animals, providing 2 for fees and appropriations, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5462XS (8) 85 da/rj

S.F. 2166 Section 1. Section 162.1, subsection 1, paragraph c, Code 1 2014, is amended to read as follows: 2 c. Provide that all vertebrate animals consigned to pet 3 shops are provided humane care and treatment by regulating the 4 transportation, sale, purchase, housing, care, handling, and 5 treatment of such animals by pet shops. 6 Sec. 2. Section 162.2, subsections 5, 6, 14, 15, 16, 17, 7 18, 23, 25, 26, and 27, Code 2014, are amended by striking the 8 subsections. 9 Sec. 3. Section 162.2, subsections 3, 10, and 11, Code 2014, 10 are amended to read as follows: 11 3. “Animal shelter” means a facility which is used to 12 receive, rescue, house or contain dogs or cats, or both , and 13 transfer animals and which is owned, operated, or maintained by 14 an incorporated humane society, animal welfare society, society 15 for the prevention of cruelty to animals, or other nonprofit 16 organization devoted to the welfare, protection, and humane 17 treatment of such animals. 18 10. a. “Commercial kennel” means a kennel which performs 19 grooming, boarding, or training services for dogs or cats in 20 return for a consideration. 21 b. “Commercial kennel” does not include a kennel in which 22 a dog or cat remains in the custody of the owner of the dog or 23 cat. 24 11. a. “Dealer” means any person who is engaged in the 25 business of buying for resale or selling or exchanging dogs or 26 cats, or both, as a principal or agent, or who claims to be so 27 engaged. 28 b. “Dealer” does not include a person operating on a 29 nonprofit basis whose primary purpose is to provide adoptive 30 homes for dogs or cats. 31 Sec. 4. Section 162.2, Code 2014, is amended by adding the 32 following new subsections: 33 NEW SUBSECTION . 2A. “Animal” means vertebrate animal other 34 than members of the equine, bovine, ovine, and porcine species, 35 -1- LSB 5462XS (8) 85 da/rj 1/ 24

S.F. 2166 and ostriches, rheas, emus, and poultry. 1 NEW SUBSECTION . 16A. “Licensee” means a boarding kennel, 2 commercial breeder, commercial kennel, dealer, pet shop, or 3 public auction who must operate pursuant to a license issued 4 and renewed by the department pursuant to section 162.2A. 5 NEW SUBSECTION . 16B. “Local authority” means the same as 6 defined in section 717B.1. 7 Sec. 5. Section 162.2, subsection 19, Code 2014, is amended 8 to read as follows: 9 19. “Pet shop” means an establishment where a dog, cat, 10 rabbit, rodent, nonhuman primate, fish other than live bait, 11 bird, or other vertebrate animal is bought, sold, exchanged, 12 or offered for sale. However, a pet shop does not include an 13 establishment if one of the following applies: 14 a. The establishment receives less than five hundred dollars 15 from the sale or exchange of vertebrate animals during a 16 twelve-month period. 17 b. The establishment sells or exchanges less than six 18 animals during a twelve-month period. 19 Sec. 6. Section 162.2A, subsections 1, 2, 4, and 5, Code 20 2014, are amended to read as follows: 21 1. The department shall provide for the operation of 22 issuance or renewal of a license to operate a commercial 23 establishment by issuing or renewing an authorization, 24 including any of the following: . 25 a. A certificate of registration for a pound, animal 26 shelter, or research facility. 27 b. A state license for a boarding kennel, commercial kennel, 28 or pet shop. 29 c. A state license or permit for a commercial breeder, 30 dealer, or public auction. A federal licensee must apply for 31 and be issued either a permit or a state license in lieu of a 32 permit. 33 2. A person must be issued a separate state license , 34 certificate of registration, or permit for each all commercial 35 -2- LSB 5462XS (8) 85 da/rj 2/ 24

S.F. 2166 establishment establishments owned or operated by the person. 1 4. The authorization license expires on an annual basis 2 as provided by the department, and must be renewed by the 3 commercial establishment on an annual basis on or before the 4 authorization’s license’s expiration date. 5 5. a. A commercial establishment applying for the issuance 6 or renewal of a permit shall provide the department with proof 7 that the person is a federal licensee. 8 b. The department shall not require that it must enter onto 9 the premises of a commercial establishment in order to issue a 10 permit. The department shall not require that it must enter 11 onto the premises of a commercial establishment in order to 12 renew a permit, unless it has reasonable cause to monitor the 13 commercial establishment as provided in section 162.10C . The 14 department may deny an application for the issuance or renewal 15 of a license, if the department determines that the applicant 16 is in violation of this chapter or has not demonstrated that 17 the applicant will comply with the provisions of this chapter. 18 Sec. 7. Section 162.2A, subsection 3, unnumbered paragraph 19 1, Code 2014, is amended to read as follows: 20 A person must apply for the issuance or renewal of an 21 authorization a license on forms and according to procedures 22 required by rules adopted by the department. The application 23 shall contain information required by the department, including 24 but not limited to all of the following: 25 Sec. 8. Section 162.2A, subsection 3, paragraph c, Code 26 2014, is amended to read as follows: 27 c. The name, address, and type of establishment covered by 28 the authorization license . 29 Sec. 9. Section 162.2B, Code 2014, is amended by striking 30 the section and inserting in lieu thereof the following: 31 162.2B Fees. 32 1. The department shall establish, assess, and collect 33 fees for issuing or renewing a license as provided in section 34 162.2A. The fee assessed under this section shall include a 35 -3- LSB 5462XS (8) 85 da/rj 3/ 24

S.F. 2166 base amount plus any applicable scheduled amount. 1 2. a. For an animal shelter, the base amount is 2 seventy-five dollars plus a scheduled amount computed by 3 calculating the number of dogs and cats kept by the animal 4 shelter as follows: 5 (1) For at least one dog or cat but not more than fifty dogs 6 and cats, fifty dollars. 7 (2) For more than fifty dogs and cats but not more than 8 seventy-five dogs and cats, one hundred twenty dollars. 9 (3) For more than seventy-five dogs and cats but not more 10 than one hundred dogs and cats, two hundred fifty dollars. 11 (4) For more than one hundred dogs and cats but not more 12 than two hundred fifty dogs and cats, five hundred dollars. 13 (5) For more than two hundred fifty dogs and cats but not 14 more than four hundred dogs and cats, one thousand dollars. 15 (6) For more than four hundred dogs and cats, one thousand 16 two hundred fifty dollars. 17 b. A dog or cat is included in the calculation under 18 paragraph “a” if the dog or cat is recorded as on hand for 19 public adoption during the most recent inspection of the animal 20 shelter by the department. However, a dog or cat is not 21 included in the calculation if the dog or cat is recorded as 22 kept in foster care. 23 c. The base amount is assessed on all locations owned 24 or operated by the animal shelter. The scheduled amount is 25 assessed on the total number of dogs and cats on hand at all 26 locations owned or operated by the animal shelter. 27 3. a. For a pound, the base amount equals seventy-five 28 dollars. 29 b. A pound shall not be assessed a scheduled fee. 30 c. A single base amount is assessed on all locations owned 31 or operated by the pound. 32 4. a. For a research facility, the base amount equals 33 seventy-five dollars. 34 b. A research facility shall not be assessed a scheduled 35 -4- LSB 5462XS (8) 85 da/rj 4/ 24

S.F. 2166 fee. 1 c. A single base amount is assessed on all locations owned 2 or operated by the research facility. 3 5. a. For a commercial breeder or dealer, the base amount 4 equals one hundred seventy-five dollars and the scheduled 5 amount is computed by calculating the number of dogs and cats 6 kept by the commercial breeder or dealer as follows: 7 (1) For at least one dog or cat but not more than fifty dogs 8 and cats, one hundred dollars. 9 (2) For more than fifty dogs and cats but not more than 10 seventy-five dogs and cats, two hundred fifty dollars. 11 (3) For more than seventy-five dogs and cats but not more 12 than one hundred dogs and cats, five hundred dollars. 13 (4) For more than one hundred dogs and cats but not more 14 than two hundred fifty dogs and cats, one thousand dollars. 15 (5) For more than two hundred fifty dogs and cats but not 16 more than four hundred dogs and cats, two thousand dollars. 17 (6) For more than four hundred dogs and cats, two thousand 18 five hundred dollars. 19 b. A dog or cat is included in the calculation under 20 paragraph “a” if the dog or cat is recorded as an adult on 21 hand for breeding during the most recent inspection of the 22 commercial breeder or dealer by the department of agriculture 23 and land stewardship or the United States department of 24 agriculture. 25 c. Notwithstanding paragraph “b” , a greyhound dog owned, 26 kept, bred, or transported by a commercial breeder for 27 pari-mutuel wagering at a racetrack as provided in chapter 99D 28 is not included in the calculation. Rather the commercial 29 breeder shall pay a different fee for the issuance or renewal 30 of a license as provided in rules adopted by the department. 31 d. The base amount is assessed on each location owned or 32 operated by the commercial breeder or dealer. The scheduled 33 amount is assessed on the total number of dogs or cats kept at 34 all locations owned or operated by the commercial breeder or 35 -5- LSB 5462XS (8) 85 da/rj 5/ 24

S.F. 2166 dealer. 1 6. a. For a pet shop, the base amount equals one hundred 2 seventy-five dollars and the scheduled amount is computed by 3 calculating the number of dogs and cats kept by the pet shop as 4 follows: 5 (1) For at least one dog or cat but not more than twenty 6 dogs and cats, one hundred dollars. 7 (2) For more than twenty dogs and cats but not more than 8 forty dogs and cats, two hundred fifty dollars. 9 (3) For more than forty dogs and cats, five hundred dollars. 10 b. A dog or cat is included in the calculation under 11 paragraph “a” if the dog or cat is recorded as on hand for sale 12 to the general public during the most recent inspection of the 13 pet shop by the department. 14 c. The base amount is assessed on each location owned or 15 operated by the pet shop. The scheduled amount is assessed on 16 the total number of dogs or cats kept at all locations owned or 17 operated by the pet shop. 18 7. For a boarding kennel, commercial kennel, or public 19 auction, the base amount equals one hundred seventy-five 20 dollars and a scheduled amount is not applicable. 21 8. The moneys collected by the department under this section 22 shall be credited to the commercial establishment fund created 23 in section 162.2C. 24 9. The fees provided in this section shall be considered 25 repayment receipts as defined in section 8.2. The general 26 assembly shall appropriate moneys to the department each fiscal 27 year necessary for the administration and enforcement of this 28 chapter. 29 Sec. 10. Section 162.2C, subsection 3, Code 2014, is amended 30 to read as follows: 31 3. Moneys in the fund are appropriated to the department and 32 shall be used exclusively to carry out do all of the following: 33 a. Administer and enforce the provisions of this chapter 34 as determined and directed by the department, and shall not 35 -6- LSB 5462XS (8) 85 da/rj 6/ 24

S.F. 2166 require further special authorization by the general assembly. 1 b. Fully fund the animal rescue remediation fund as provided 2 in section 717B.13. For the fiscal year beginning July 1, 3 2014, and each fiscal year thereafter, the department shall 4 transfer at least twenty thousand dollars from moneys in the 5 commercial establishment fund to the animal rescue remediation 6 fund created in section 717B.13. However, if on March 1 the 7 unobligated and unencumbered balance in the animal rescue 8 remediation fund equals more than sixty thousand dollars, the 9 department shall suspend the transfer for the subsequent fiscal 10 year. If on March 1 of a fiscal year for which the transfer 11 is suspended, the unobligated and unencumbered balance in the 12 animal rescue remediation fund is less than forty thousand 13 dollars, the department shall resume the transfer for the 14 subsequent fiscal year. 15 Sec. 11. Section 162.3, Code 2014, is amended to read as 16 follows: 17 162.3 Operation of a pound —— certificate of registration 18 license . 19 A pound shall only operate pursuant to a certificate of 20 registration license issued or renewed by the department as 21 provided in section 162.2A . A pound may sell dogs or cats 22 under its control if sales are allowed by the department. The 23 pound shall maintain records as required by the department in 24 order for the department to ensure the pound’s compliance with 25 the provisions of this chapter . 26 Sec. 12. Section 162.4, Code 2014, is amended to read as 27 follows: 28 162.4 Operation of an animal shelter —— certificate of 29 registration license . 30 An animal shelter shall only operate pursuant to a 31 certificate of registration license issued or renewed by the 32 department as provided in section 162.2A . An animal shelter 33 may sell dogs or cats if sales are allowed by the department. 34 The animal shelter facility shall maintain records as required 35 -7- LSB 5462XS (8) 85 da/rj 7/ 24

S.F. 2166 by the department in order for the department to ensure 1 the animal shelter’s compliance with the provisions of this 2 chapter . 3 Sec. 13. Section 162.4A, Code 2014, is amended to read as 4 follows: 5 162.4A Operation of a research facility —— certificate of 6 registration license . 7 A research facility shall only operate pursuant to a 8 certificate of registration license issued by the department 9 as provided in section 162.2A . The research facility shall 10 maintain records as required by the department in order for 11 the department to ensure the research facility’s compliance 12 with the provisions of this chapter . A research facility shall 13 not purchase a dog or cat from a commercial establishment that 14 does not have a valid authorization license issued or renewed 15 under this chapter or a similar authorization license issued or 16 renewed by another state. 17 Sec. 14. Section 162.5, Code 2014, is amended to read as 18 follows: 19 162.5 Operation of a pet shop —— state license. 20 A pet shop shall only operate pursuant to a state license 21 issued or renewed by the department pursuant to section 22 162.2A . The pet shop shall maintain records as required by the 23 department in order for the department to ensure the pet shop’s 24 compliance with the provisions of this chapter . A pet shop 25 shall not purchase a dog or cat from a commercial establishment 26 that does not have a valid authorization license issued or 27 renewed under this chapter or a similar authorization license 28 issued or renewed by another state. 29 Sec. 15. Section 162.5A, Code 2014, is amended to read as 30 follows: 31 162.5A Operation of a boarding kennel —— state license. 32 A boarding kennel shall only operate pursuant to a state 33 license issued by the department as provided in section 162.2A . 34 The boarding kennel shall maintain records as required by 35 -8- LSB 5462XS (8) 85 da/rj 8/ 24

S.F. 2166 the department in order for the department to ensure the 1 boarding kennel’s compliance with the provisions of this 2 chapter . A boarding kennel shall not purchase a dog or cat 3 from a commercial establishment that does not have a valid 4 authorization license issued or renewed under this chapter or 5 a similar authorization license issued or renewed by another 6 state. 7 Sec. 16. Section 162.6, Code 2014, is amended to read as 8 follows: 9 162.6 Operation of a commercial kennel —— state license. 10 A commercial kennel shall only operate pursuant to a state 11 license issued or renewed by the department as provided in 12 section 162.2A . A commercial kennel shall maintain records 13 as required by the department in order for the department to 14 ensure the commercial kennel’s compliance with the provisions 15 of this chapter . A commercial kennel shall not purchase a 16 dog or cat from a commercial establishment that does not have 17 a valid authorization license issued or renewed under this 18 chapter or a similar authorization license issued or renewed 19 by another state. 20 Sec. 17. Section 162.7, Code 2014, is amended to read as 21 follows: 22 162.7 Operation of a dealer —— state license or permit . 23 1. A dealer shall only operate pursuant to a state license , 24 or a permit, issued or renewed by the department as provided 25 in section 162.2A . A dealer who is a state licensee shall 26 maintain records as required by the department in order for the 27 department to ensure compliance with the provisions of this 28 chapter . A dealer who is a permittee may but is not required 29 to maintain records. A dealer shall not purchase a dog or cat 30 from a commercial establishment that does not have a valid 31 authorization license issued or renewed under this chapter or 32 a similar authorization license issued or renewed by another 33 state. 34 2. A dealer shall not operate an animal shelter or maintain 35 -9- LSB 5462XS (8) 85 da/rj 9/ 24

S.F. 2166 a controlling interest in an animal shelter. 1 Sec. 18. Section 162.8, Code 2014, is amended to read as 2 follows: 3 162.8 Operation of a commercial breeder —— state license or 4 permit . 5 1. A commercial breeder shall only operate pursuant to a 6 state license , or a permit, issued or renewed by the department 7 as provided in section 162.2A . A commercial breeder who is 8 a state licensee shall maintain records as required by the 9 department in order for the department to ensure the commercial 10 breeder’s compliance with the provisions of this chapter . A 11 commercial breeder who is a permittee may but is not required 12 to maintain records. A commercial breeder shall not purchase a 13 dog or cat from a commercial establishment that does not have 14 a valid authorization license issued or renewed under this 15 chapter or a similar authorization license issued or renewed 16 by another state. 17 2. A commercial breeder shall not own or operate an animal 18 shelter or maintain a controlling interest in an animal 19 shelter. 20 3. A commercial breeder offering to sell a dog to a person 21 shall provide the person with a copy of the most recent 22 inspection report completed by the department of agriculture 23 and land stewardship or the United States department of 24 agriculture. The report shall include the recorded number of 25 adult dogs on hand. The report must be signed by the person 26 prior to finalizing the sale. One copy of the signed report 27 shall be maintained for one year by the commercial breeder as 28 part of the commercial breeder’s records and one copy of the 29 report shall be filed with the department. 30 Sec. 19. Section 162.9A, Code 2014, is amended to read as 31 follows: 32 162.9A Operation of a public auction —— state license or 33 permit . 34 1. A public auction shall only operate pursuant to a state 35 -10- LSB 5462XS (8) 85 da/rj 10/ 24

S.F. 2166 license , or a permit, issued or renewed by the department 1 as provided in section 162.2A . A public auction which is 2 a state licensee shall maintain records as required by the 3 department in order for the department to ensure the public 4 auction’s compliance with the provisions of this chapter . A 5 public auction which is a permittee may but is not required to 6 maintain records. 7 2. A public auction shall not purchase a dog or cat 8 from a commercial establishment that does not have a valid 9 authorization license issued or renewed under this chapter or 10 a similar authorization license issued or renewed by another 11 state. 12 Sec. 20. NEW SECTION . 162.10 Records. 13 1. A commercial establishment shall maintain all records 14 required in this chapter. The department shall adopt rules 15 regarding the types of records required to be kept and the 16 format for keeping such records. 17 2. A commercial establishment shall maintain inspection 18 reports conducted by the department of agriculture and land 19 stewardship or the United States department of agriculture. 20 A commercial breeder shall maintain a signed copy of an 21 inspection report as required in section 162.8. 22 3. A commercial establishment shall maintain all records 23 necessary to assess a fee imposed for the issuance or renewal 24 of a fee pursuant to section 162.2A. 25 Sec. 21. Section 162.10A, Code 2014, is amended to read as 26 follows: 27 162.10A Commercial establishments —— standard of care. 28 1. a. A commercial establishment shall provide for a 29 standard of care that ensures that an animal in its possession 30 or under its control is not lacking any of the following: 31 (1) Adequate feed, adequate water, housing facilities, 32 sanitary control, or grooming practices, if such lack causes 33 adverse health or suffering. 34 (2) Veterinary care. 35 -11- LSB 5462XS (8) 85 da/rj 11/ 24

S.F. 2166 b. A commercial establishment, other than a research 1 facility or pet shop, shall provide for the standard of care 2 for dogs and cats in its possession or under its control, and a 3 research facility or pet shop shall provide for the standard 4 of care for vertebrate animals in its possession or under its 5 control. 6 2. a. Except as provided in paragraph “b” or “c” , a 7 commercial establishment shall comply with rules that the 8 department adopts to implement subsection 1. A commercial 9 establishment shall be regulated under this paragraph “a” 10 unless the person is a state licensee as provided in paragraph 11 “b” or a permittee as provided in paragraph “c” . 12 b. A state licensee who is a commercial breeder owning, 13 breeding, transporting, or keeping a greyhound dog for 14 pari-mutuel wagering at a racetrack as provided in chapter 99D 15 may be required to comply with different rules adopted by the 16 department. 17 c. A permittee is not required to comply with rules that the 18 department adopts to implement a standard of care as provided 19 in subsection 1 for state licensees and registrants. The 20 department may adopt rules regulating a standard of care for 21 a permittee, so long as the rules are not more restrictive 22 than required for a permittee under the Animal Welfare Act . 23 However, the department may adopt prescriptive rules relating 24 to the standard of care. Regardless of whether the department 25 adopts such rules, a permittee meets the standard of care 26 required in subsection 1 if it voluntarily complies with rules 27 applicable to state licensees or registrants. A finding by 28 the United States department of agriculture that a permittee 29 complies with the Animal Welfare Act is not conclusive when 30 determining that the permittee provides a standard of care 31 required in subsection 1 . 32 3. A commercial breeder or dealer shall provide for the 33 general care of its dogs or cats by providing all of the 34 following: 35 -12- LSB 5462XS (8) 85 da/rj 12/ 24

S.F. 2166 a. Access to adequate quantities and quality of food 1 provided at suitable times and according to the dietary 2 requirements of the species and age of the animal in order to 3 maintain a reasonable level of nutrition. The food must be 4 served in a clean receptacle, dish, or container. 5 b. Access to a regular supply of clean, fresh, potable water 6 provided in a sanitary manner provided at suitable times and 7 according to the dietary requirements of the species and age of 8 the animal. The water shall not be frozen. 9 c. Protection from extremes in weather conditions. 10 4. A commercial breeder or dealer shall only keep dogs 11 or cats in a primary enclosure that complies with all of the 12 following: 13 a. Includes a solid surface area sufficient to allow an 14 animal with sufficient space to rest in a recumbent position. 15 b. On or after the effective date of this Act, shall not be 16 constructed to use wire strand flooring. 17 c. Provides proper ventilation. 18 d. (1) (a) Beginning on January 1, 2015, and ending 19 December 31, 2015, the size of the primary enclosure shall not 20 be less than two times the size for a primary enclosure for 21 that species as required pursuant to 9 C.F.R. §3.6. 22 (b) This subparagraph is repealed on January 1, 2016. 23 (2) Beginning on January 1, 2016, the size of the primary 24 enclosure shall not be less than three times the size for a 25 primary enclosure for that species as required pursuant to 9 26 C.F.R. §3.6. 27 5. A commercial breeder or dealer with more than ten 28 breeding dogs on hand shall only keep dogs in a primary 29 enclosure that includes a permanent unfettered access to an 30 attached outdoor run. 31 6. A commercial breeder or dealer shall provide for the 32 health of its dogs or cats as follows: 33 a. Have all breeding dogs and breeding cats under its 34 possession or control examined at least once each year by a 35 -13- LSB 5462XS (8) 85 da/rj 13/ 24

S.F. 2166 licensed veterinarian. 1 b. Provide for the prompt treatment by a licensed 2 veterinarian of any serious illness or injury suffered by a dog 3 or cat. 4 c. Provide euthanasia when required by a licensed 5 veterinarian. 6 d. Provide its dogs with regular exercise of a type and 7 amount sufficient to comply with an exercise plan that has 8 been approved by a licensed veterinarian, and developed in 9 accordance with rules adopted by the department of agriculture. 10 The exercise plan must afford a dog a maximum opportunity for 11 outdoor exercise as weather permits. 12 7. A commercial establishment fails to provide for a 13 standard of care as provided in subsection 1 if the commercial 14 establishment commits abuse as described in section 717B.2 , 15 neglect as described in section 717B.3 , or torture as provided 16 in section 717B.3A . 17 Sec. 22. Section 162.10B, Code 2014, is amended to read as 18 follows: 19 162.10B Commercial establishments —— inspecting state 20 licensees and registrants inspections . 21 1. As a condition of issuing or renewing a license, the 22 premises of an applicant shall be open for inspection during 23 normal business hours. 24 2. The department shall conduct at least an annual 25 inspection of a commercial establishment. The department may 26 shall inspect the commercial establishment of a registrant or 27 state licensee by entering onto its business premises at any 28 time during normal working business hours. The department may 29 shall inspect records required to be maintained by the state 30 licensee or registrant commercial establishment as provided 31 in this chapter . If the owner or person in charge of the 32 commercial establishment refuses admittance, the department may 33 obtain an administrative search warrant issued under section 34 808.14 . The department shall report a potential violation of 35 -14- LSB 5462XS (8) 85 da/rj 14/ 24

S.F. 2166 chapter 717B to the local authority which has jurisdiction over 1 the matter. 2 Sec. 23. Section 162.10D, subsections 1 and 2, Code 2014, 3 are amended to read as follows: 4 1. The department may take disciplinary action against a 5 person by suspending or revoking the person’s authorization 6 license for violating a provision of this chapter or chapter 7 717B , or who commits an unlawful practice under section 714.16 . 8 2. The department may require an owner, operator, or 9 employee of a commercial establishment subject to disciplinary 10 action under subsection 1 to complete a continuing education 11 program as a condition for retaining an authorization 12 a license . This section does not prevent a person from 13 voluntarily participating in a continuing education program. 14 However, a voluntary continuing education program completed 15 prior to the department’s disciplinary action shall not be part 16 of such disciplinary action. 17 Sec. 24. Section 162.11, Code 2014, is amended to read as 18 follows: 19 162.11 Exceptions. 20 1. This chapter does not apply to a federal licensee except 21 as provided in the following: 22 a. Section 162.1, subsection 2 , and sections 162.2 , 162.2A , 23 162.2B , 162.7 , 162.8 , 162.9A , 162.10A , 162.10C , 162.10D , 24 162.12A , and 162.13 . 25 b. Section 162.1, subsection 1 , but only to the extent 26 required to implement sections described in paragraph “a” . 27 c. Section 162.16 but only to the extent required to 28 implement sections described in paragraph “a” . 29 2. 1. This chapter does not apply to a place or 30 establishment which operates under the immediate supervision 31 of a duly licensed veterinarian as a hospital where animals 32 are harbored, hospitalized, and cared for incidental to the 33 treatment, prevention, or alleviation of disease processes 34 during the routine practice of the profession of veterinary 35 -15- LSB 5462XS (8) 85 da/rj 15/ 24

S.F. 2166 medicine. However, if animals are accepted by such a place, 1 establishment, or hospital for boarding or grooming for a 2 consideration, the place, establishment, or hospital is subject 3 to the licensing or registration requirements applicable to a 4 boarding kennel or commercial kennel under this chapter and the 5 rules adopted by the secretary. 6 3. 2. This chapter does not apply to a noncommercial kennel 7 at, in, or adjoining a private residence where dogs or cats 8 are kept for the hobby of the householder, if the dogs or cats 9 are used for hunting, for practice training, for exhibition 10 at shows or field or obedience trials, or for guarding or 11 protecting the householder’s property. However, the dogs 12 or cats must not be kept for breeding if a person receives 13 consideration for providing the breeding. 14 Sec. 25. Section 162.12, Code 2014, is amended by striking 15 the section and inserting in lieu thereof the following: 16 162.12 Departmental action. 17 1. The department may take administrative action against a 18 commercial establishment if the department finds the housing 19 facilities or primary enclosures are inadequate under the 20 provisions of this chapter or if the feeding, watering, 21 cleaning, and housing practices are not in compliance with this 22 chapter or with the rules adopted pursuant to this chapter. 23 2. The premises of each licensee shall be open for 24 inspection during normal business hours. 25 3. A person may contest an agency action taken by the 26 department under this chapter, including rules adopted by the 27 department under this chapter, pursuant to chapter 17A. 28 Sec. 26. Section 162.12A, subsection 1, paragraph a, Code 29 2014, is amended to read as follows: 30 a. A commercial establishment that operates pursuant to an 31 authorization a license issued or renewed under this chapter 32 is subject to a civil penalty of not more than five hundred 33 dollars, regardless of the number of animals possessed or 34 controlled by the commercial establishment, for violating this 35 -16- LSB 5462XS (8) 85 da/rj 16/ 24

S.F. 2166 chapter . Except as provided in paragraph “b” , each day that a 1 violation continues shall be deemed a separate offense. 2 Sec. 27. Section 162.12A, subsection 2, Code 2014, is 3 amended to read as follows: 4 2. A commercial establishment that does not operate 5 pursuant to an authorization a license issued or renewed under 6 this chapter is subject to a civil penalty of not more than one 7 thousand dollars, regardless of the number of animals possessed 8 or controlled by the commercial establishment, for violating 9 this chapter . Each day that a violation continues shall be 10 deemed a separate offense. 11 Sec. 28. Section 162.13, Code 2014, is amended to read as 12 follows: 13 162.13 Criminal penalties —— confiscation. 14 1. A person who operates a commercial establishment without 15 an authorization a license issued or renewed by the department 16 as required in section 162.2A is guilty of a simple misdemeanor 17 and each day of operation is a separate offense. 18 2. The failure of a person who owns or operates a commercial 19 establishment to meet the standard of care required in section 20 162.10A, subsection 1 , is a simple misdemeanor. The animals 21 are subject to seizure and impoundment and may be sold or 22 destroyed as provided by rules which shall be adopted by the 23 department pursuant to chapter 17A or by a local authority 24 pursuant to chapter 717B . The department’s rules shall provide 25 for the destruction of an animal by a humane method, including 26 by euthanasia as provided by rules which shall be adopted by 27 the department pursuant to chapter 17A . 28 3. The failure of a person who owns or operates a commercial 29 establishment to meet the requirements of this section is 30 also cause for the suspension or revocation of the person’s 31 authorization license as provided in section 162.10D . 32 4. Dogs, cats, and other vertebrate animals upon which 33 euthanasia is permitted by law may be destroyed by a person 34 subject to this chapter or chapter 169 , by a humane method, 35 -17- LSB 5462XS (8) 85 da/rj 17/ 24

S.F. 2166 including euthanasia, as provided by rules which shall be 1 adopted by the department pursuant to chapter 17A . 2 5. It is unlawful for a A dealer to shall not knowingly 3 ship a diseased animal. A dealer violating this subsection 4 is subject to a fine not exceeding one hundred dollars. Each 5 diseased animal shipped in violation of this subsection is a 6 separate offense. 7 Sec. 29. NEW SECTION . 162.13A Criminal actions. 8 The attorney general or a county attorney may bring criminal 9 action in order to enforce the provisions of this chapter. 10 Sec. 30. NEW SECTION . 162.13B Penalties —— injunctive 11 relief. 12 The courts of this state may prevent and restrain violations 13 of this chapter through the issuance of an injunction. The 14 attorney general or a county attorney shall institute suits on 15 behalf of the state to prevent and restrain violations of this 16 chapter. 17 Sec. 31. Section 162.20, subsection 4, paragraph c, Code 18 2014, is amended to read as follows: 19 c. A pound or animal shelter which knowingly fails to 20 provide for the sterilization of a dog or cat is subject to a 21 civil penalty of up to two hundred dollars. The department 22 may enforce and collect civil penalties according to rules 23 which shall be adopted by the department. Each violation shall 24 constitute a separate offense. Moneys collected from civil 25 penalties shall be deposited into the general fund of the state 26 and are appropriated on July 1 of each year in equal amounts 27 to each track licensed to race dogs to support the racing dog 28 adoption program as provided in section 99D.27 . Upon the third 29 offense, the department may suspend or revoke a certificate 30 of registration license issued to the pound or animal shelter 31 pursuant to this chapter . The department may bring an action 32 in district court to enjoin a pound or animal shelter from 33 transferring animals in violation of this section . In bringing 34 the action, the department shall not be required to allege 35 -18- LSB 5462XS (8) 85 da/rj 18/ 24