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 TLSB 2417XS (5) 86 da/nh
S.F. 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 -1- LSB 2417XS (5) 86 da/nh 1/ 4
S.F. 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 35 -2- LSB 2417XS (5) 86 da/nh 2/ 4
S.F. 341 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 -3- LSB 2417XS (5) 86 da/nh 3/ 4
S.F. 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. 4 -4- LSB 2417XS (5) 86 da/nh 4/ 4