Senate
File
341
-
Introduced
SENATE
FILE
341
BY
GUTH
A
BILL
FOR
An
Act
restricting
certain
persons
regulated
by
the
department
1
of
agriculture
and
land
stewardship
from
moving
dogs
and
2
cats
into
this
state,
and
providing
for
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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341
Section
1.
Section
162.2,
Code
2015,
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
adoption
to
15
a
member
of
the
public.
16
NEW
SUBSECTION
.
7A.
“Certificate
of
veterinary
inspection”
17
means
the
same
as
defined
in
section
163.2.
18
Sec.
2.
NEW
SECTION
.
162.10
Movement
of
dogs
and
cats
from
19
outside
state.
20
1.
A
person
who
is
an
animal
rescue
or
animal
foster
care
21
recognized
by
the
department,
or
a
person
who
is
a
commercial
22
establishment
operating
as
an
animal
shelter,
dealer,
pet
23
store,
or
pound
shall
move
a
dog
or
cat,
or
take
possession
24
of
a
dog
or
cat
that
has
been
moved,
from
a
location
outside
25
this
state
to
a
location
inside
this
state
only
if
all
of
the
26
following
apply:
27
a.
The
person
does
not
offer
the
dog
or
cat
for
sale
in
this
28
state
during
the
period
when
the
dog
or
cat
is
younger
than
29
four
months.
30
b.
Upon
entering
into
the
state,
the
dog
or
cat
was
kept
31
in
a
secure
location
approved
by
the
department
for
at
least
32
fourteen
days
and
it
was
determined
according
to
departmental
33
criteria
that
the
dog
or
cat
is
not
afflicted
with
an
34
infectious
or
contagious
disease
or
parasites.
35
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341
c.
For
a
dog
that
is
four
months
of
age
or
older,
the
dog
1
has
been
administered
with
a
rabies
vaccine,
and
all
of
the
2
following
apply:
3
(1)
The
vaccine
is
licensed
by
the
United
States
department
4
of
agriculture
and
approved
by
the
department
of
agriculture
5
and
land
stewardship.
6
(2)
The
vaccination
is
current.
7
d.
The
dog
or
cat
is
accompanied
by
a
certificate
of
8
veterinary
inspection.
The
person
must
retain
the
certificate
9
for
at
least
two
years
from
the
date
that
the
person
took
10
possession
of
the
dog
or
cat.
The
certificate
shall
include
11
at
least
all
of
the
following:
12
(1)
A
statement
that
the
dog
or
cat
is
not
afflicted
with
13
a
contagious
or
infectious
disease
or
with
parasites
and
the
14
dog
or
cat
has
not
been
exposed
to
a
vertebrate
animal
that
has
15
been
so
afflicted.
16
(2)
A
statement
that
the
dog
or
cat
has
not
been
moved
from
17
an
area
that
is
quarantined
for
rabies
by
a
governmental
entity
18
recognized
by
the
department.
19
(3)
A
statement
that
the
dog
has
reacted
negatively
to
a
20
brucellosis
test
administered
within
the
last
thirty
days.
21
(4)
A
record
of
each
vaccine
administered
to
the
dog
or
cat.
22
The
record
shall
do
all
of
the
following:
23
(a)
Indicate
the
type
of
vaccine
administered
and
the
date
24
when
the
vaccine
was
administered.
25
(b)
Provide
an
identification
number
that
allows
the
26
department
to
determine
the
place
where
the
vaccine
was
27
administered.
28
2.
This
section
does
not
apply
to
a
person
who
exercised
29
custody
and
control
over
a
dog
or
cat
in
this
state
prior
30
to
moving
the
dog
or
cat
outside
this
state
and
who
did
not
31
relinquish
custody
and
control
of
the
dog
or
cat
while
outside
32
the
state.
33
3.
The
department
may
take
disciplinary
action
against
a
34
commercial
establishment
acting
in
violation
of
this
section
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as
provided
in
section
162.10D.
1
Sec.
3.
Section
162.12A,
subsection
1,
Code
2015,
is
amended
2
by
adding
the
following
new
paragraph:
3
NEW
PARAGRAPH
.
c.
Notwithstanding
paragraph
“a”
,
a
person
4
who
fails
to
comply
with
section
162.10
is
subject
to
a
civil
5
penalty
of
not
less
than
one
thousand
dollars
and
not
more
than
6
five
thousand
dollars.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
requires
that
certain
persons
regulated
by
the
11
department
of
agriculture
and
land
stewardship
are
required
12
to
comply
with
requirements
for
moving
dogs
or
cats
from
a
13
location
outside
this
state
to
a
location
inside
this
state.
14
These
persons
include
an
animal
rescue
or
animal
foster
care
15
recognized
by
the
department,
or
a
commercial
establishment
16
operating
as
an
animal
shelter,
dealer,
pet
store,
or
pound
17
operating
pursuant
to
an
authorization
issued
by
the
department
18
such
as
a
certificate
of
registration,
state
license,
or
19
permit.
The
bill
prohibits
a
person
from
moving
a
dog
or
20
cat
under
four
months
old
into
this
state
for
purposes
of
21
sale.
It
requires
all
of
the
following:
(1)
a
dog
or
cat
22
be
kept
in
a
secure
location
to
determine
if
it
is
afflicted
23
with
an
infectious
or
contagious
disease
or
parasites
prior
24
to
moving
in
this
state,
(2)
a
dog
has
reacted
negatively
to
25
a
brucellosis
test,
(3)
a
dog
at
least
four
months
of
age
be
26
administered
a
current
rabies
vaccination,
and
(4)
a
dog
or
27
cat
be
accompanied
by
a
certificate
of
veterinary
inspection.
28
The
bill’s
restrictions
do
not
apply
to
persons
who
exercised
29
custody
and
control
of
a
dog
or
cat
in
this
state
prior
to
its
30
movement
out
of
state
so
long
as
the
person
did
not
relinquish
31
control
or
custody
of
the
dog
or
cat
during
its
movement.
The
32
bill
provides
that
the
department
may
take
disciplinary
action
33
against
an
animal
shelter,
dealer,
pet
store,
or
pound
by
34
suspending
or
revoking
its
authorization
to
operate
in
this
35
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341
state.
An
animal
rescue,
animal
foster
care,
animal
shelter,
1
dealer,
pet
store,
or
pound
that
fails
to
comply
with
the
2
bill’s
provisions
is
also
subject
to
a
civil
penalty
of
at
3
least
$1,000
and
not
more
than
$5,000.
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