Senate File 2254 - Introduced SENATE FILE 2254 BY COMMITTEE ON COMMERCE (SUCCESSOR TO SF 2166) 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 5462SV (3) 85 da/rj

S.F. 2254 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 5462SV (3) 85 da/rj 1/ 24

S.F. 2254 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 5462SV (3) 85 da/rj 2/ 24

S.F. 2254 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 5462SV (3) 85 da/rj 3/ 24

S.F. 2254 base amount plus any applicable scheduled amount. 1 2. a. For an animal shelter, the base amount equals 2 seventy-five dollars. 3 b. An animal shelter shall not be assessed a scheduled fee. 4 c. A single base amount is assessed on all locations owned 5 or operated by the animal shelter. 6 3. a. For a pound, the base amount equals seventy-five 7 dollars. 8 b. A pound shall not be assessed a scheduled fee. 9 c. A single base amount is assessed on all locations owned 10 or operated by the pound. 11 4. a. For a research facility, the base amount equals 12 seventy-five dollars. 13 b. A research facility shall not be assessed a scheduled 14 fee. 15 c. A single base amount is assessed on all locations owned 16 or operated by the research facility. 17 5. a. For a commercial breeder or dealer, the base amount 18 equals one hundred seventy-five dollars and the scheduled 19 amount is computed by calculating the number of dogs and cats 20 kept by the commercial breeder or dealer as follows: 21 (1) For at least one dog or cat but not more than fifty dogs 22 and cats, one hundred dollars. 23 (2) For more than fifty dogs and cats but not more than 24 seventy-five dogs and cats, two hundred fifty dollars. 25 (3) For more than seventy-five dogs and cats but not more 26 than one hundred dogs and cats, five hundred dollars. 27 (4) For more than one hundred dogs and cats but not more 28 than two hundred fifty dogs and cats, one thousand dollars. 29 (5) For more than two hundred fifty dogs and cats but not 30 more than four hundred dogs and cats, two thousand dollars. 31 (6) For more than four hundred dogs and cats, two thousand 32 five hundred dollars. 33 b. A dog or cat is included in the calculation under 34 paragraph “a” if the dog or cat is recorded as an adult on 35 -4- LSB 5462SV (3) 85 da/rj 4/ 24

S.F. 2254 hand for breeding during the most recent inspection of the 1 commercial breeder or dealer by the department of agriculture 2 and land stewardship or the United States department of 3 agriculture. 4 c. Notwithstanding paragraph “b” , a greyhound dog owned, 5 kept, bred, or transported by a commercial breeder for 6 pari-mutuel wagering at a racetrack as provided in chapter 99D 7 is not included in the calculation. Rather the commercial 8 breeder shall pay a different fee for the issuance or renewal 9 of a license as provided in rules adopted by the department. 10 d. The base amount is assessed on each location owned or 11 operated by the commercial breeder or dealer. The scheduled 12 amount is assessed on the total number of dogs or cats kept at 13 all locations owned or operated by the commercial breeder or 14 dealer. 15 6. a. For a pet shop, the base amount equals one hundred 16 seventy-five dollars and the scheduled amount is computed by 17 calculating the number of dogs and cats kept by the pet shop as 18 follows: 19 (1) For at least one dog or cat but not more than twenty 20 dogs and cats, one hundred dollars. 21 (2) For more than twenty dogs and cats but not more than 22 forty dogs and cats, two hundred fifty dollars. 23 (3) For more than forty dogs and cats, five hundred dollars. 24 b. A dog or cat is included in the calculation under 25 paragraph “a” if the dog or cat is recorded as on hand for sale 26 to the general public during the most recent inspection of the 27 pet shop by the department. 28 c. The base amount is assessed on each location owned or 29 operated by the pet shop. The scheduled amount is assessed on 30 the total number of dogs or cats kept at all locations owned or 31 operated by the pet shop. 32 7. For a boarding kennel, commercial kennel, or public 33 auction, the base amount equals one hundred seventy-five 34 dollars and a scheduled amount is not applicable. 35 -5- LSB 5462SV (3) 85 da/rj 5/ 24

S.F. 2254 8. The moneys collected by the department under this section 1 shall be credited to the commercial establishment fund created 2 in section 162.2C. 3 9. The fees provided in this section shall be considered 4 repayment receipts as defined in section 8.2. The general 5 assembly shall appropriate moneys to the department each fiscal 6 year necessary for the administration and enforcement of this 7 chapter. 8 Sec. 10. Section 162.2C, subsection 3, Code 2014, is amended 9 to read as follows: 10 3. Moneys in the fund are appropriated to the department and 11 shall be used exclusively to carry out do all of the following: 12 a. Administer and enforce the provisions of this chapter 13 as determined and directed by the department, and shall not 14 require further special authorization by the general assembly. 15 b. Fully fund the animal rescue remediation fund as provided 16 in section 717B.13. For the fiscal year beginning July 1, 17 2014, and each fiscal year thereafter, the department shall 18 transfer at least twenty thousand dollars from moneys in the 19 commercial establishment fund to the animal rescue remediation 20 fund created in section 717B.13. However, if on March 1 the 21 unobligated and unencumbered balance in the animal rescue 22 remediation fund equals more than sixty thousand dollars, the 23 department shall suspend the transfer for the subsequent fiscal 24 year. If on March 1 of a fiscal year for which the transfer 25 is suspended, the unobligated and unencumbered balance in the 26 animal rescue remediation fund is less than forty thousand 27 dollars, the department shall resume the transfer for the 28 subsequent fiscal year. 29 Sec. 11. Section 162.3, Code 2014, is amended to read as 30 follows: 31 162.3 Operation of a pound —— certificate of registration 32 license . 33 A pound shall only operate pursuant to a certificate of 34 registration license issued or renewed by the department as 35 -6- LSB 5462SV (3) 85 da/rj 6/ 24

S.F. 2254 provided in section 162.2A . A pound may sell dogs or cats 1 under its control if sales are allowed by the department. The 2 pound shall maintain records as required by the department in 3 order for the department to ensure the pound’s compliance with 4 the provisions of this chapter . 5 Sec. 12. Section 162.4, Code 2014, is amended to read as 6 follows: 7 162.4 Operation of an animal shelter —— certificate of 8 registration license . 9 An animal shelter shall only operate pursuant to a 10 certificate of registration license issued or renewed by the 11 department as provided in section 162.2A . An animal shelter 12 may sell dogs or cats if sales are allowed by the department. 13 The animal shelter facility shall maintain records as required 14 by the department in order for the department to ensure 15 the animal shelter’s compliance with the provisions of this 16 chapter . 17 Sec. 13. Section 162.4A, Code 2014, is amended to read as 18 follows: 19 162.4A Operation of a research facility —— certificate of 20 registration license . 21 A research facility shall only operate pursuant to a 22 certificate of registration license issued by the department 23 as provided in section 162.2A . The research facility shall 24 maintain records as required by the department in order for 25 the department to ensure the research facility’s compliance 26 with the provisions of this chapter . A research facility shall 27 not purchase a dog or cat from a commercial establishment that 28 does not have a valid authorization license issued or renewed 29 under this chapter or a similar authorization license issued or 30 renewed by another state. 31 Sec. 14. Section 162.5, Code 2014, is amended to read as 32 follows: 33 162.5 Operation of a pet shop —— state license. 34 A pet shop shall only operate pursuant to a state license 35 -7- LSB 5462SV (3) 85 da/rj 7/ 24

S.F. 2254 issued or renewed by the department pursuant to section 1 162.2A . The pet shop shall maintain records as required by the 2 department in order for the department to ensure the pet shop’s 3 compliance with the provisions of this chapter . A pet shop 4 shall not purchase a dog or cat from a commercial establishment 5 that does not have a valid authorization license issued or 6 renewed under this chapter or a similar authorization license 7 issued or renewed by another state. 8 Sec. 15. Section 162.5A, Code 2014, is amended to read as 9 follows: 10 162.5A Operation of a boarding kennel —— state license. 11 A boarding kennel shall only operate pursuant to a state 12 license issued by the department as provided in section 162.2A . 13 The boarding kennel shall maintain records as required by 14 the department in order for the department to ensure the 15 boarding kennel’s compliance with the provisions of this 16 chapter . A boarding kennel shall not purchase a dog or cat 17 from a commercial establishment that does not have a valid 18 authorization license issued or renewed under this chapter or 19 a similar authorization license issued or renewed by another 20 state. 21 Sec. 16. Section 162.6, Code 2014, is amended to read as 22 follows: 23 162.6 Operation of a commercial kennel —— state license. 24 A commercial kennel shall only operate pursuant to a state 25 license issued or renewed by the department as provided in 26 section 162.2A . A commercial kennel shall maintain records 27 as required by the department in order for the department to 28 ensure the commercial kennel’s compliance with the provisions 29 of this chapter . A commercial kennel shall not purchase a 30 dog or cat from a commercial establishment that does not have 31 a valid authorization license issued or renewed under this 32 chapter or a similar authorization license issued or renewed 33 by another state. 34 Sec. 17. Section 162.7, Code 2014, is amended to read as 35 -8- LSB 5462SV (3) 85 da/rj 8/ 24

S.F. 2254 follows: 1 162.7 Operation of a dealer —— state license or permit . 2 1. A dealer shall only operate pursuant to a state license , 3 or a permit, issued or renewed by the department as provided 4 in section 162.2A . A dealer who is a state licensee shall 5 maintain records as required by the department in order for the 6 department to ensure compliance with the provisions of this 7 chapter . A dealer who is a permittee may but is not required 8 to maintain records. A dealer shall not purchase a dog or cat 9 from a commercial establishment that does not have a valid 10 authorization license issued or renewed under this chapter or 11 a similar authorization license issued or renewed by another 12 state. 13 2. A dealer shall not operate an animal shelter or maintain 14 a controlling interest in an animal shelter. 15 Sec. 18. Section 162.8, Code 2014, is amended to read as 16 follows: 17 162.8 Operation of a commercial breeder —— state license or 18 permit . 19 1. A commercial breeder shall only operate pursuant to a 20 state license , or a permit, issued or renewed by the department 21 as provided in section 162.2A . A commercial breeder who is 22 a state licensee shall maintain records as required by the 23 department in order for the department to ensure the commercial 24 breeder’s compliance with the provisions of this chapter . A 25 commercial breeder who is a permittee may but is not required 26 to maintain records. A commercial breeder shall not purchase a 27 dog or cat from a commercial establishment that does not have 28 a valid authorization license issued or renewed under this 29 chapter or a similar authorization license issued or renewed 30 by another state. 31 2. A commercial breeder shall not own or operate an animal 32 shelter or maintain a controlling interest in an animal 33 shelter. 34 3. A commercial breeder offering to sell a dog to a person 35 -9- LSB 5462SV (3) 85 da/rj 9/ 24

S.F. 2254 shall provide the person with a copy of the most recent 1 inspection report completed by the department of agriculture 2 and land stewardship or the United States department of 3 agriculture. The report shall include the recorded number of 4 adult dogs on hand. The report must be signed by the person 5 prior to finalizing the sale. One copy of the signed report 6 shall be maintained for one year by the commercial breeder as 7 part of the commercial breeder’s records and one copy of the 8 report shall be filed with the department. 9 Sec. 19. Section 162.9A, Code 2014, is amended to read as 10 follows: 11 162.9A Operation of a public auction —— state license or 12 permit . 13 1. A public auction shall only operate pursuant to a state 14 license , or a permit, issued or renewed by the department 15 as provided in section 162.2A . A public auction which is 16 a state licensee shall maintain records as required by the 17 department in order for the department to ensure the public 18 auction’s compliance with the provisions of this chapter . A 19 public auction which is a permittee may but is not required to 20 maintain records. 21 2. A public auction shall not purchase a dog or cat 22 from a commercial establishment that does not have a valid 23 authorization license issued or renewed under this chapter or 24 a similar authorization license issued or renewed by another 25 state. 26 Sec. 20. NEW SECTION . 162.10 Records. 27 1. A commercial establishment shall maintain all records 28 required in this chapter. The department shall adopt rules 29 regarding the types of records required to be kept and the 30 format for keeping such records. 31 2. A commercial establishment shall maintain inspection 32 reports conducted by the department of agriculture and land 33 stewardship or the United States department of agriculture. 34 A commercial breeder shall maintain a signed copy of an 35 -10- LSB 5462SV (3) 85 da/rj 10/ 24

S.F. 2254 inspection report as required in section 162.8. 1 3. A commercial establishment shall maintain all records 2 necessary to assess a fee imposed for the issuance or renewal 3 of a fee pursuant to section 162.2A. 4 Sec. 21. Section 162.10A, Code 2014, is amended to read as 5 follows: 6 162.10A Commercial establishments —— standard of care. 7 1. a. A commercial establishment shall provide for a 8 standard of care that ensures that an animal in its possession 9 or under its control is not lacking any of the following: 10 (1) Adequate feed, adequate water, housing facilities, 11 sanitary control, or grooming practices, if such lack causes 12 adverse health or suffering. 13 (2) Veterinary care. 14 b. A commercial establishment, other than a research 15 facility or pet shop, shall provide for the standard of care 16 for dogs and cats in its possession or under its control, and a 17 research facility or pet shop shall provide for the standard 18 of care for vertebrate animals in its possession or under its 19 control. 20 2. a. Except as provided in paragraph “b” or “c” , a 21 commercial establishment shall comply with rules that the 22 department adopts to implement subsection 1. A commercial 23 establishment shall be regulated under this paragraph “a” 24 unless the person is a state licensee as provided in paragraph 25 “b” or a permittee as provided in paragraph “c” . 26 b. A state licensee who is a commercial breeder owning, 27 breeding, transporting, or keeping a greyhound dog for 28 pari-mutuel wagering at a racetrack as provided in chapter 99D 29 may be required to comply with different rules adopted by the 30 department. 31 c. A permittee is not required to comply with rules that the 32 department adopts to implement a standard of care as provided 33 in subsection 1 for state licensees and registrants. The 34 department may adopt rules regulating a standard of care for 35 -11- LSB 5462SV (3) 85 da/rj 11/ 24

S.F. 2254 a permittee, so long as the rules are not more restrictive 1 than required for a permittee under the Animal Welfare Act . 2 However, the department may adopt prescriptive rules relating 3 to the standard of care. Regardless of whether the department 4 adopts such rules, a permittee meets the standard of care 5 required in subsection 1 if it voluntarily complies with rules 6 applicable to state licensees or registrants. A finding by 7 the United States department of agriculture that a permittee 8 complies with the Animal Welfare Act is not conclusive when 9 determining that the permittee provides a standard of care 10 required in subsection 1 . 11 3. A commercial breeder or dealer shall provide for the 12 general care of its dogs or cats by providing all of the 13 following: 14 a. Access to adequate quantities and quality of food 15 provided at suitable times and according to the dietary 16 requirements of the species and age of the animal in order to 17 maintain a reasonable level of nutrition. The food must be 18 served in a clean receptacle, dish, or container. 19 b. Access to a regular supply of clean, fresh, potable water 20 provided in a sanitary manner provided at suitable times and 21 according to the dietary requirements of the species and age of 22 the animal. The water shall not be frozen. 23 c. Protection from extremes in weather conditions. 24 4. A commercial breeder or dealer shall only keep dogs 25 or cats in a primary enclosure that complies with all of the 26 following: 27 a. Includes a solid surface area sufficient to allow an 28 animal with sufficient space to rest in a recumbent position. 29 b. On or after the effective date of this Act, shall not be 30 constructed to use wire strand flooring. 31 c. Provides proper ventilation. 32 d. (1) (a) Beginning on January 1, 2015, and ending 33 December 31, 2015, the size of the primary enclosure shall not 34 be less than two times the size for a primary enclosure for 35 -12- LSB 5462SV (3) 85 da/rj 12/ 24

S.F. 2254 that species as required pursuant to 9 C.F.R. §3.6. 1 (b) This subparagraph is repealed on January 1, 2016. 2 (2) Beginning on January 1, 2016, the size of the primary 3 enclosure shall not be less than three times the size for a 4 primary enclosure for that species as required pursuant to 9 5 C.F.R. §3.6. 6 5. A commercial breeder or dealer with more than ten 7 breeding dogs on hand shall only keep dogs in a primary 8 enclosure that includes a permanent unfettered access to an 9 attached outdoor run. 10 6. A commercial breeder or dealer shall provide for the 11 health of its dogs or cats as follows: 12 a. Have all breeding dogs and breeding cats under its 13 possession or control examined at least once each year by a 14 licensed veterinarian. 15 b. Provide for the prompt treatment by a licensed 16 veterinarian of any serious illness or injury suffered by a dog 17 or cat. 18 c. Provide euthanasia when required by a licensed 19 veterinarian. 20 d. Provide its dogs with regular exercise of a type and 21 amount sufficient to comply with an exercise plan that has 22 been approved by a licensed veterinarian, and developed in 23 accordance with rules adopted by the department of agriculture. 24 The exercise plan must afford a dog a maximum opportunity for 25 outdoor exercise as weather permits. 26 7. A commercial establishment fails to provide for a 27 standard of care as provided in subsection 1 if the commercial 28 establishment commits abuse as described in section 717B.2 , 29 neglect as described in section 717B.3 , or torture as provided 30 in section 717B.3A . 31 Sec. 22. Section 162.10B, Code 2014, is amended to read as 32 follows: 33 162.10B Commercial establishments —— inspecting state 34 licensees and registrants inspections . 35 -13- LSB 5462SV (3) 85 da/rj 13/ 24

S.F. 2254 1. As a condition of issuing or renewing a license, the 1 premises of an applicant shall be open for inspection during 2 normal business hours. 3 2. The department shall conduct at least an annual 4 inspection of a commercial establishment. The department may 5 shall inspect the commercial establishment of a registrant or 6 state licensee by entering onto its business premises at any 7 time during normal working business hours. The department may 8 shall inspect records required to be maintained by the state 9 licensee or registrant commercial establishment as provided 10 in this chapter . If the owner or person in charge of the 11 commercial establishment refuses admittance, the department may 12 obtain an administrative search warrant issued under section 13 808.14 . The department shall report a potential violation of 14 chapter 717B to the local authority which has jurisdiction over 15 the matter. 16 Sec. 23. Section 162.10D, subsections 1 and 2, Code 2014, 17 are amended to read as follows: 18 1. The department may take disciplinary action against a 19 person by suspending or revoking the person’s authorization 20 license for violating a provision of this chapter or chapter 21 717B , or who commits an unlawful practice under section 714.16 . 22 2. The department may require an owner, operator, or 23 employee of a commercial establishment subject to disciplinary 24 action under subsection 1 to complete a continuing education 25 program as a condition for retaining an authorization 26 a license . This section does not prevent a person from 27 voluntarily participating in a continuing education program. 28 However, a voluntary continuing education program completed 29 prior to the department’s disciplinary action shall not be part 30 of such disciplinary action. 31 Sec. 24. Section 162.11, Code 2014, is amended to read as 32 follows: 33 162.11 Exceptions. 34 1. This chapter does not apply to a federal licensee except 35 -14- LSB 5462SV (3) 85 da/rj 14/ 24

S.F. 2254 as provided in the following: 1 a. Section 162.1, subsection 2 , and sections 162.2 , 162.2A , 2 162.2B , 162.7 , 162.8 , 162.9A , 162.10A , 162.10C , 162.10D , 3 162.12A , and 162.13 . 4 b. Section 162.1, subsection 1 , but only to the extent 5 required to implement sections described in paragraph “a” . 6 c. Section 162.16 but only to the extent required to 7 implement sections described in paragraph “a” . 8 2. 1. This chapter does not apply to a place or 9 establishment which operates under the immediate supervision 10 of a duly licensed veterinarian as a hospital where animals 11 are harbored, hospitalized, and cared for incidental to the 12 treatment, prevention, or alleviation of disease processes 13 during the routine practice of the profession of veterinary 14 medicine. However, if animals are accepted by such a place, 15 establishment, or hospital for boarding or grooming for a 16 consideration, the place, establishment, or hospital is subject 17 to the licensing or registration requirements applicable to a 18 boarding kennel or commercial kennel under this chapter and the 19 rules adopted by the secretary. 20 3. 2. This chapter does not apply to a noncommercial kennel 21 at, in, or adjoining a private residence where dogs or cats 22 are kept for the hobby of the householder, if the dogs or cats 23 are used for hunting, for practice training, for exhibition 24 at shows or field or obedience trials, or for guarding or 25 protecting the householder’s property. However, the dogs 26 or cats must not be kept for breeding if a person receives 27 consideration for providing the breeding. 28 Sec. 25. Section 162.12, Code 2014, is amended by striking 29 the section and inserting in lieu thereof the following: 30 162.12 Departmental action. 31 1. The department may take administrative action against a 32 commercial establishment if the department finds the housing 33 facilities or primary enclosures are inadequate under the 34 provisions of this chapter or if the feeding, watering, 35 -15- LSB 5462SV (3) 85 da/rj 15/ 24

S.F. 2254 cleaning, and housing practices are not in compliance with this 1 chapter or with the rules adopted pursuant to this chapter. 2 2. The premises of each licensee shall be open for 3 inspection during normal business hours. 4 3. A person may contest an agency action taken by the 5 department under this chapter, including rules adopted by the 6 department under this chapter, pursuant to chapter 17A. 7 Sec. 26. Section 162.12A, subsection 1, paragraph a, Code 8 2014, is amended to read as follows: 9 a. A commercial establishment that operates pursuant to an 10 authorization a license issued or renewed under this chapter 11 is subject to a civil penalty of not more than five hundred 12 dollars, regardless of the number of animals possessed or 13 controlled by the commercial establishment, for violating this 14 chapter . Except as provided in paragraph “b” , each day that a 15 violation continues shall be deemed a separate offense. 16 Sec. 27. Section 162.12A, subsection 2, Code 2014, is 17 amended to read as follows: 18 2. A commercial establishment that does not operate 19 pursuant to an authorization a license issued or renewed under 20 this chapter is subject to a civil penalty of not more than one 21 thousand dollars, regardless of the number of animals possessed 22 or controlled by the commercial establishment, for violating 23 this chapter . Each day that a violation continues shall be 24 deemed a separate offense. 25 Sec. 28. Section 162.13, Code 2014, is amended to read as 26 follows: 27 162.13 Criminal penalties —— confiscation. 28 1. A person who operates a commercial establishment without 29 an authorization a license issued or renewed by the department 30 as required in section 162.2A is guilty of a simple misdemeanor 31 and each day of operation is a separate offense. 32 2. The failure of a person who owns or operates a commercial 33 establishment to meet the standard of care required in section 34 162.10A, subsection 1 , is a simple misdemeanor. The animals 35 -16- LSB 5462SV (3) 85 da/rj 16/ 24

S.F. 2254 are subject to seizure and impoundment and may be sold or 1 destroyed as provided by rules which shall be adopted by the 2 department pursuant to chapter 17A or by a local authority 3 pursuant to chapter 717B . The department’s rules shall provide 4 for the destruction of an animal by a humane method, including 5 by euthanasia as provided by rules which shall be adopted by 6 the department pursuant to chapter 17A . 7 3. The failure of a person who owns or operates a commercial 8 establishment to meet the requirements of this section is 9 also cause for the suspension or revocation of the person’s 10 authorization license as provided in section 162.10D . 11 4. Dogs, cats, and other vertebrate animals upon which 12 euthanasia is permitted by law may be destroyed by a person 13 subject to this chapter or chapter 169 , by a humane method, 14 including euthanasia, as provided by rules which shall be 15 adopted by the department pursuant to chapter 17A . 16 5. It is unlawful for a A dealer to shall not knowingly 17 ship a diseased animal. A dealer violating this subsection 18 is subject to a fine not exceeding one hundred dollars. Each 19 diseased animal shipped in violation of this subsection is a 20 separate offense. 21 Sec. 29. NEW SECTION . 162.13A Criminal actions. 22 The attorney general or a county attorney may bring criminal 23 action in order to enforce the provisions of this chapter. 24 Sec. 30. NEW SECTION . 162.13B Penalties —— injunctive 25 relief. 26 The courts of this state may prevent and restrain violations 27 of this chapter through the issuance of an injunction. The 28 attorney general or a county attorney shall institute suits on 29 behalf of the state to prevent and restrain violations of this 30 chapter. 31 Sec. 31. Section 162.20, subsection 4, paragraph c, Code 32 2014, is amended to read as follows: 33 c. A pound or animal shelter which knowingly fails to 34 provide for the sterilization of a dog or cat is subject to a 35 -17- LSB 5462SV (3) 85 da/rj 17/ 24

S.F. 2254 civil penalty of up to two hundred dollars. The department 1 may enforce and collect civil penalties according to rules 2 which shall be adopted by the department. Each violation shall 3 constitute a separate offense. Moneys collected from civil 4 penalties shall be deposited into the general fund of the state 5 and are appropriated on July 1 of each year in equal amounts 6 to each track licensed to race dogs to support the racing dog 7 adoption program as provided in section 99D.27 . Upon the third 8 offense, the department may suspend or revoke a certificate 9 of registration license issued to the pound or animal shelter 10 pursuant to this chapter . The department may bring an action 11 in district court to enjoin a pound or animal shelter from 12 transferring animals in violation of this section . In bringing 13 the action, the department shall not be required to allege 14 facts necessary to show, or tending to show, a lack of adequate 15 remedy at law, that irreparable damage or loss will result 16 if the action is brought at law, or that unique or special 17 circumstances exist. 18 Sec. 32. Section 717B.1, Code 2014, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 3A. “Commercial establishment” means the 21 same as defined in section 162.2. 22 Sec. 33. Section 717B.4, subsection 3, paragraph a, Code 23 2014, is amended to read as follows: 24 a. The court may order the responsible party to pay an 25 amount which shall not be more than the dispositional expenses 26 incurred by the local authority. The court may also award 27 the local authority court costs, reasonable attorney fees and 28 expenses related to the investigation and prosecution of the 29 case, which shall be taxed as part of the costs of the action. 30 The amount shall be paid to the animal rescue remediation fund 31 created in section 717B.13 to the extent that moneys from the 32 fund were expended to pay for dispositional expenses. 33 Sec. 34. Section 717B.5, Code 2014, is amended by adding the 34 following new subsection: 35 -18- LSB 5462SV (3) 85 da/rj 18/ 24