Senate File 2176 - Introduced SENATE FILE 2176 BY GUTH A BILL FOR An Act restricting the movement of dogs and cats into this 1 state by certain persons regulated by the department of 2 agriculture and land stewardship, and including penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5930XS (3) 86 da/nh
S.F. 2176 Section 1. Section 162.2, Code 2016, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 2A. “Animal foster care” means a person who 3 operates a private residence that provides a dog or cat with 4 temporary maintenance, including shelter and care, if the dog 5 or cat has been accepted by a person who is an animal rescue 6 or licensed as an animal shelter or pound under this chapter, 7 if that person is authorized by the department to oversee the 8 operations of the private residence. 9 NEW SUBSECTION . 2B. “Animal rescue” means a person who is 10 recognized by the department to retain custody of a dog or cat 11 on a temporary basis until doing any of the following: 12 a. Transferring the dog or cat to an animal shelter, pound, 13 or another animal rescue. 14 b. Relinquishing custody of the dog or cat by sale to a 15 member of the public. 16 Sec. 2. NEW SECTION . 162.10 Movement of dogs and cats from 17 outside state. 18 1. A person who is an animal rescue or animal foster care 19 recognized by the department, or a person who is a commercial 20 establishment operating as an animal shelter, dealer, pet 21 store, or pound shall move a dog or cat, or take possession 22 of a dog or cat that has been moved, from a location outside 23 this state to a location inside this state only if all of the 24 following apply: 25 a. Upon entering into the state, the dog or cat was kept 26 in a secure location approved by the department for at least 27 fourteen days and it was determined according to departmental 28 criteria that the dog or cat is not afflicted with an 29 infectious or contagious disease or parasites. 30 b. For a dog that is four months of age or older, the dog 31 has been administered with a rabies vaccine, and all of the 32 following apply: 33 (1) The vaccine is licensed by the United States department 34 of agriculture and approved by the department of agriculture 35 -1- LSB 5930XS (3) 86 da/nh 1/ 4
S.F. 2176 and land stewardship. 1 (2) The vaccination is current. 2 c. The dog or cat is accompanied by a certificate of 3 veterinary inspection that includes a completed form based on 4 the United States interstate and international certificate of 5 health examination for small animals as provided in 9 C.F.R 6 §2.78 and any additional information required by the department 7 and that at least specifies all of the following: 8 (1) A statement that the dog or cat is not afflicted with 9 a contagious or infectious disease or with parasites and the 10 dog or cat has not been exposed to a vertebrate animal that has 11 been so afflicted. 12 (2) A statement that the dog or cat has not been moved from 13 an area that is quarantined for rabies by a governmental entity 14 recognized by the department. 15 (3) A record of each vaccine administered to the dog or cat. 16 The record shall do all of the following: 17 (a) Indicate the type of vaccine administered and the date 18 when the vaccine was administered. 19 (b) Provide an identification number that allows the 20 department to determine the place where the vaccine was 21 administered. 22 d. The person must retain the certificate for at least two 23 years from the date that the person took possession of the dog 24 or cat. 25 2. This section does not apply to a person who exercised 26 custody and control over a dog or cat in this state prior 27 to moving the dog or cat outside this state and who did not 28 relinquish custody and control of the dog or cat while outside 29 the state. 30 3. The department may take disciplinary action against a 31 commercial establishment acting in violation of this section 32 as provided in section 162.10D. 33 Sec. 3. Section 162.12A, subsection 1, Code 2016, is amended 34 by adding the following new paragraph: 35 -2- LSB 5930XS (3) 86 da/nh 2/ 4
S.F. 2176 NEW PARAGRAPH . c. Notwithstanding paragraph “a” , a person 1 who fails to comply with section 162.10 is subject to a civil 2 penalty of not less than one thousand dollars and not more than 3 five thousand dollars. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill provides that certain persons regulated by the 8 department of agriculture and land stewardship are required 9 to comply with requirements for moving dogs or cats from a 10 location outside this state to a location inside this state. 11 These persons include an animal rescue or animal foster care 12 recognized by the department, or a commercial establishment 13 operating as an animal shelter, dealer, pet store, or pound 14 operating pursuant to an authorization issued by the department 15 such as a certificate of registration, state license, or 16 permit. 17 The bill requires all of the following: (1) a dog or cat 18 be kept in a secure location to determine if it is afflicted 19 with an infectious or contagious disease or parasites prior to 20 moving in this state, and (2) a dog at least four months of 21 age has been administered a current rabies vaccination. A dog 22 or cat must also be accompanied by a certificate of veterinary 23 inspection based on form 7001 promulgated by the animal and 24 plant health inspection service of the United State department 25 of agriculture and other information concerning the veterinary 26 history of the animal. The bill’s restrictions do not apply 27 to persons who exercised custody and control of a dog or cat in 28 this state prior to its movement out of state so long as the 29 person did not relinquish control or custody of the dog or cat 30 during its movement. 31 The bill provides that the department may take disciplinary 32 action against an animal shelter, dealer, pet store, or pound 33 by suspending or revoking its authorization to operate in this 34 state. An animal rescue, animal foster care, animal shelter, 35 -3- LSB 5930XS (3) 86 da/nh 3/ 4
S.F. 2176 dealer, pet store, or pound that fails to comply with the 1 bill’s provisions is also subject to a civil penalty of at 2 least $1,000 and not more than $5,000. 3 -4- LSB 5930XS (3) 86 da/nh 4/ 4