Senate File 2192 - Introduced SENATE FILE 2192 BY GUTH A BILL FOR An Act relating to persons maintaining or overseeing the 1 maintenance of dogs and cats, including animal rescues, 2 animal shelters, and pounds, by requiring reports on the 3 receipt and disposition of the dogs and cats, and including 4 penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5890XS (4) 86 da/nh
S.F. 2192 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 or 6 is 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 15 members of the public. 16 Sec. 2. NEW SECTION . 162.4B Receipt and disposition report. 17 1. A person who is an animal rescue, animal shelter, or 18 pound shall submit a receipt and disposition report to the 19 department each month. The report shall provide information 20 describing the operations of the person divided between dogs 21 and cats under the custody or oversight of the person during 22 the past month. The information shall at least include all of 23 the following: 24 a. The number of dogs and cats that were received by the 25 person. The report shall also provide information about the 26 method of receipt, including all of the following: 27 (1) Surrender by an owner. 28 (2) Brought in as a stray. 29 (3) Donated by a person other than the owner. 30 (4) Impounded under section 351.37. 31 (5) Rescued under chapter 717B. 32 (6) Received from another person or organization. 33 (7) Imported from another state. 34 (8) Imported from another country by any means. The report 35 -1- LSB 5890XS (4) 86 da/nh 1/ 4
S.F. 2192 shall also provide the name of the country. 1 (9) Returned by an owner who had previously claimed the dog 2 or cat from the person. 3 b. The number of dogs or cats that were subject to 4 disposition by the person. The report shall also provide 5 information about the method of disposition, including all of 6 the following: 7 (1) Return to the owner. 8 (2) Number of sales. 9 (3) Death other than by euthanasia. 10 (4) Death by euthanasia, including for all of the following: 11 (a) Upon request of the owner. 12 (b) Due to the condition of the dog or cat, including any 13 of the following: 14 (i) Physical or mental impairment. 15 (ii) Temperament. 16 (iii) Age. The report shall specify if the dog or cat was 17 too old or too young. 18 (iv) Size. 19 (v) Breed. 20 (c) Due to factors relating to the person’s ability to 21 provide for confinement. The report shall further provide 22 information regarding disposition based on the following: 23 (i) Space constraints. 24 (ii) The amount of time in confinement. 25 c. The number of dogs or cats found to be afflicted 26 by a zoonotic disease or parasite known to infect other 27 vertebrate animals or humans. The report shall further provide 28 information regarding the following: 29 (1) The name of the zoonotic disease or parasite. 30 (2) The name of the originating source of the zoonotic 31 disease or parasite. 32 (3) The number of other vertebrate animals by species that 33 were afflicted. 34 (4) The number of other vertebrate animals that came into 35 -2- LSB 5890XS (4) 86 da/nh 2/ 4
S.F. 2192 contact with the afflicted dog or cat that were subject to 1 disposition by sale or return to owner. 2 2. A person who is an animal shelter or pound shall submit 3 a receipt and disposition report to the department each month 4 for any animal foster care overseen by that person. The report 5 shall provide the same information as required in subsection 1. 6 3. A person subject to this section shall post the most 7 recent version of the receipt and disposition report at a 8 conspicuous location clearly visible to the public at the 9 person’s principal place of operation. The person shall also 10 publish the report on an internet site that the person shall 11 establish and maintain as required by the department. 12 4. The receipt and disposition report shall be in a form and 13 posted and submitted according to requirements prescribed by 14 the department. The department shall make a report required to 15 be submitted under this section available to the public upon 16 request. 17 5. The department shall annually compile the information 18 submitted to the department pursuant to this section in 19 a compilation receipt and disposition report. The report 20 shall be delivered by January 15 of each year to the 21 governor, legislative services agency, and chairpersons and 22 minority party ranking members of the standing committees on 23 agriculture. The department shall also publish the report on 24 its internet site. 25 6. The department may take disciplinary action against a 26 commercial establishment acting in violation of this section 27 as provided in section 162.10D. 28 Sec. 3. Section 162.12A, subsection 1, Code 2016, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . c. Notwithstanding paragraph “a” , a person 31 who fails to comply with section 162.4B is subject to a civil 32 penalty of not less than one thousand dollars and not more than 33 five thousand dollars. 34 EXPLANATION 35 -3- LSB 5890XS (4) 86 da/nh 3/ 4
S.F. 2192 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill requires a person who maintains dogs or cats as an 3 animal rescue recognized by the department of agriculture and 4 land stewardship or either an animal shelter or pound operating 5 under a certificate of registration issued by the department 6 to prepare and publish a monthly receipt and disposition 7 report regarding dogs or cats under its care or oversight. 8 The report must be submitted to the department as required by 9 the department. The report must include detailed information 10 regarding the number of dogs and cats that were received, 11 subject to disposition, and found to be suffering from a 12 disease or parasite. The person is required to post the report 13 at a conspicuous location at its principal place of operation 14 and publish the report on its internet site. An animal rescue, 15 animal shelter, or pound that oversees an animal foster care 16 must post, publish, and submit the same information regarding 17 the operations of the animal foster care that it oversees. 18 At the beginning of each year the department must prepare a 19 compilation receipt and disposition report to be delivered to 20 the governor and general assembly. An animal shelter or pound 21 that fails to comply with the bill’s provisions is subject 22 to disciplinary action by the department, which may be the 23 suspension or revocation of a certificate of registration. An 24 animal rescue, animal shelter, or pound that fails to comply 25 with the bill’s provisions is also subject to a civil penalty 26 of at least $1,000 and not more than $5,000. 27 -4- LSB 5890XS (4) 86 da/nh 4/ 4