Senate File 502 - Introduced SENATE FILE 502 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SF 347) (SUCCESSOR TO SF 168) A BILL FOR An Act relating to the regulation of persons, including 1 commercial establishments, keeping nonagricultural animals, 2 providing for fees and appropriations, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1192SZ (3) 86 da/nh

S.F. 502 DIVISION I 1 REGULATION, FEES, AND APPROPRIATIONS 2 Section 1. Section 162.2, subsections 6, 14, 15, 17, 23, and 3 26, Code 2015, are amended by striking the subsections. 4 Sec. 2. Section 162.2, subsections 3, 8, 9, 10, and 27, Code 5 2015, are amended to read as follows: 6 3. “Animal shelter” means a facility which is housing 7 facilities used to receive, house , or contain dogs or cats, 8 or both, or transfer vertebrate animals and which is owned, 9 operated, or maintained by an incorporated humane society, 10 animal welfare society, society for the prevention of cruelty 11 to animals, or other nonprofit organization devoted to the 12 welfare, protection, and humane treatment of such animals. 13 8. a. “Commercial breeder” means a person , engaged in the 14 business of breeding dogs or cats , who sells, exchanges, or 15 leases dogs or cats in return for consideration, or who offers 16 to do so, whether or not the animals dogs or cats are raised, 17 trained, groomed, or boarded by the person. 18 b. Notwithstanding paragraph “a” “commercial breeder” does 19 not mean any of the following: 20 (1) A person who is a small breeder, competitive show 21 breeder, or specialized breeder. 22 (2) A person who owns or harbors keeps three or fewer 23 breeding males or females is not a commercial breeder male or 24 female dogs or cats . However, a person who breeds any number 25 of breeding male or female greyhounds for the purposes of 26 using them for pari-mutuel wagering at a racetrack as provided 27 in chapter 99D shall be considered a commercial breeder 28 irrespective of whether the person sells, leases, or exchanges 29 the greyhounds for consideration or offers to do so. 30 9. “Commercial establishment” or “establishment” means an any 31 of the following: 32 a. An animal rescue. 33 b. An animal sanctuary. 34 c. An animal shelter , . 35 -1- LSB 1192SZ (3) 86 da/nh 1/ 26

S.F. 502 d. A boarding kennel , . 1 e. A commercial breeder , . 2 f. A commercial kennel , . 3 g. A dealer , . 4 h. A grooming facility. 5 i. A pet shop , . 6 j. A pound , . 7 k. A public auction , or . 8 l. A research facility. 9 m. A small breeder, competitive show breeder, or specialized 10 breeder. 11 10. a. “Commercial kennel” means a kennel which performs 12 grooming, a facility where boarding , or training services are 13 provided for dogs or cats in return for a consideration. 14 b. “Commercial kennel” does not mean a facility in which a 15 dog or cat remains in the custody of the owner of the dog or 16 cat. 17 27. “Vertebrate animal” or “animal” means those vertebrate 18 animals other than members of the equine, bovine, ovine, and 19 porcine species, and ostriches, rheas, or emus. 20 Sec. 3. Section 162.2, Code 2015, is amended by adding the 21 following new subsections: 22 NEW SUBSECTION . 2A. “Animal rescue” means a person who 23 during a state fiscal year receives more than six adult dogs 24 or cats, or more than three litters of dogs or cats, and who 25 retains custody of the dogs or cats on a temporary basis until 26 doing any of the following: 27 a. Transferring the dogs or cats to an animal shelter, 28 pound, or another animal rescue. 29 b. Relinquishing custody of the dogs or cats by adoption to 30 members of the public. 31 NEW SUBSECTION . 2B. “Animal sanctuary” means a person who 32 during a state fiscal year owns or leases and controls housing 33 facilities where at least six adult dogs or cats have been 34 received from one or more persons, if all of the following 35 -2- LSB 1192SZ (3) 86 da/nh 2/ 26

S.F. 502 apply: 1 a. When received, each dog or cat was any of the following: 2 (1) Abandoned, orphaned, or unwanted, or transferred by a 3 pound or animal shelter. 4 (2) In an impaired condition due to disease, injury, or 5 birth defect, or a threatened animal as defined in section 6 717B.1. 7 b. Each dog or cat is maintained by the person on a 8 permanent basis, until the death of the dog or cat, or the 9 person transfers the dog or cat to any of the following: 10 (1) An animal rescue. 11 (2) Another animal sanctuary. 12 (3) An animal shelter. 13 (4) A pound. 14 NEW SUBSECTION . 15A. “Foster care home” means a private 15 residence that provides a vertebrate animal with temporary 16 maintenance, including shelter and care, if the animal has 17 been accepted by a person licensed as an animal rescue, 18 animal shelter, or pound and that person is authorized by the 19 department to oversee the operations of the private residence. 20 NEW SUBSECTION . 15B. a. “Grooming facility” means a 21 business, including a salon, that as the principal part 22 of its operation, provides grooming services in return for 23 consideration. 24 b. “Grooming facility” does not mean a business that does 25 any of the following: 26 (1) Only provides grooming services at the residence of the 27 owner of the dog or cat. 28 (2) Only provides grooming services at a mobile business 29 operating at different locations. 30 (3) Operates as part of a commercial kennel that provides 31 grooming services as an incidental part of its operation. 32 (4) Operates as part of a veterinary facility that provides 33 grooming services as an incidental part of its operation. 34 (5) Keeps the dog or cat for less than twenty-four hours 35 -3- LSB 1192SZ (3) 86 da/nh 3/ 26

S.F. 502 during any one period. 1 NEW SUBSECTION . 15C. “Grooming services” means providing 2 a dog or cat with hygienic care or treatment to improve 3 appearance, which may include but is not limited to bathing; 4 the removal of dead hair or skin; hair clipping, shaving, or 5 brushing; nail trimming; or providing flea or tick control. 6 NEW SUBSECTION . 16A. “License” means an authorization to 7 operate a commercial establishment as provided in this chapter 8 regardless of whether the authorization is also referred to as 9 a permit or certificate of registration. 10 NEW SUBSECTION . 16B. “Licensee” means a commercial 11 establishment that operates pursuant to a license issued and 12 renewed by the department pursuant to section 162.2A. 13 NEW SUBSECTION . 16C. “Local authority” means the same as 14 defined in section 717B.1. 15 NEW SUBSECTION . 20A. “Practice of veterinary medicine” 16 means the same as defined in section 169.3. 17 NEW SUBSECTION . 24A. a. “Small breeder, competitive show 18 breeder, or specialized breeder” means a person who owns or 19 keeps dogs, if the person does all of the following: 20 (1) Breeds the dogs. 21 (2) Sells, exchanges, or leases the dogs in return for 22 consideration, or offers to sell, exchange, or lease the dogs 23 in return for consideration. 24 (3) Keeps in any state fiscal year a total of not more than 25 the lesser of the following: 26 (a) Three litters of puppies. 27 (b) Thirty puppies. 28 b. “Small breeder, competitive show breeder, or specialized 29 breeder” does not mean a person who owns or keeps three or fewer 30 breeding male or female dogs. 31 c. “Small breeder, competitive show breeder, or specialized 32 breeder” does not mean a commercial breeder. 33 NEW SUBSECTION . 28. “Veterinary facility” means a business 34 where one or more licensed veterinarians are engaged in the 35 -4- LSB 1192SZ (3) 86 da/nh 4/ 26

S.F. 502 practice of veterinary medicine. The business may also provide 1 grooming services as an incidental part of its operation. 2 Sec. 4. Section 162.2A, subsections 1, 2, 4, and 5, Code 3 2015, are amended to read as follows: 4 1. The department shall provide for the operation of 5 issuance or renewal of a license to operate a commercial 6 establishment by issuing or renewing an authorization, 7 including any of the following: . A person who owns a 8 commercial establishment shall be deemed to operate that 9 commercial establishment. 10 a. A certificate of registration for a pound, animal 11 shelter, or research facility. 12 b. A state license for a boarding kennel, commercial kennel, 13 or pet shop. 14 c. A state license or permit for a commercial breeder, 15 dealer, or public auction. A federal licensee must apply for 16 and be issued either a permit or a state license in lieu of a 17 permit. 18 2. a. A person must hold a current, valid license in order 19 to operate a commercial establishment. 20 b. A person must be issued a separate state hold a single 21 license , certificate of registration, or permit for each class 22 of commercial establishment owned or operated by the person , 23 regardless of how many locations for that class are operated 24 by the person . Each of the following is a separate class of 25 commercial establishment: 26 (1) An animal rescue. 27 (2) An animal sanctuary. 28 (3) An animal shelter. 29 (4) A boarding kennel. 30 (5) A commercial breeder. 31 (6) A commercial kennel. 32 (7) A grooming facility. 33 (8) A dealer. 34 (9) A pet shop. 35 -5- LSB 1192SZ (3) 86 da/nh 5/ 26

S.F. 502 (10) A pound. 1 (11) A public auction. 2 (12) A research facility. 3 (13) A small breeder, competitive show breeder, or 4 specialized breeder. 5 4. The authorization A license expires on an annual basis 6 as provided by the department, and must be renewed by the 7 commercial establishment on an annual basis on or before the 8 authorization’s license’s expiration date. 9 5. a. A commercial establishment applying for the issuance 10 or renewal of a permit shall provide the department with proof 11 that the person is a federal licensee. 12 b. The department shall not require that it must enter onto 13 the premises of a commercial establishment in order to issue a 14 permit. The department shall not require that it must enter 15 onto the premises of a commercial establishment in order to 16 renew a permit, unless it has reasonable cause to monitor the 17 commercial establishment as provided in section 162.10C . The 18 department may deny an application for the issuance or renewal 19 of a license if the department determines that the applicant is 20 in violation of this chapter or has not demonstrated that the 21 applicant will comply with the provisions of this chapter. 22 Sec. 5. Section 162.2B, Code 2015, is amended by striking 23 the section and inserting in lieu thereof the following: 24 162.2B Fees. 25 1. The department shall establish, assess, and collect 26 fees for issuing or renewing a license as provided in section 27 162.2A. The fee assessed under this section shall include a 28 base amount plus any applicable scheduled amount. 29 2. For a commercial establishment that is an animal rescue, 30 animal sanctuary, animal shelter, pound, or research facility, 31 all of the following shall apply: 32 a. The base amount equals seventy-five dollars. A single 33 base amount shall be assessed for all locations operated by the 34 commercial establishment. 35 -6- LSB 1192SZ (3) 86 da/nh 6/ 26

S.F. 502 b. A scheduled amount shall not be assessed. 1 3. For a commercial establishment that is a dealer or 2 grooming facility, all of the following shall apply: 3 a. The base amount equals one hundred dollars. A single 4 base amount shall be assessed for all locations operated by the 5 commercial establishment. 6 b. A scheduled amount shall not be assessed. 7 4. For a commercial establishment that is a boarding kennel, 8 commercial kennel, or public auction, all of the following 9 shall apply: 10 a. The base amount equals one hundred seventy-five dollars. 11 A single base amount shall be assessed for all locations 12 operated by the commercial establishment. 13 b. A scheduled amount shall not be assessed. 14 5. For a commercial establishment that is a pet shop, all 15 of the following shall apply: 16 a. The base amount equals one hundred seventy-five dollars. 17 A base amount shall be assessed for each location operated by 18 the pet shop. 19 b. (1) The scheduled amount shall be determined based on 20 the number of dogs and cats kept by the pet shop as follows: 21 (a) For at least one dog or cat but not more than twenty 22 dogs and cats, one hundred dollars. 23 (b) For more than twenty dogs and cats but not more than 24 forty dogs and cats, two hundred fifty dollars. 25 (c) For more than forty dogs and cats, five hundred dollars. 26 (2) For purposes of determining the scheduled amount under 27 this paragraph “b” , a dog or cat must be recorded as on hand for 28 sale to the general public during the most recent inspection 29 of the pet shop by the department. The scheduled amount shall 30 be assessed for the total number of dogs or cats kept at all 31 locations operated by the pet shop. 32 6. For a commercial establishment that is a commercial 33 breeder, all of the following shall apply: 34 a. The base amount equals one hundred seventy-five dollars. 35 -7- LSB 1192SZ (3) 86 da/nh 7/ 26

S.F. 502 A base amount shall be assessed for each location operated by 1 the commercial breeder. 2 b. (1) The scheduled amount shall be determined based on 3 the number of dogs and cats kept by the commercial breeder as 4 follows: 5 (a) For not more than fifty dogs and cats, seventy-five 6 dollars. 7 (b) For more than fifty dogs and cats but not more than 8 seventy-five dogs and cats, two hundred fifty dollars. 9 (c) For more than seventy-five dogs and cats but not more 10 than one hundred dogs and cats, eight hundred dollars. 11 (d) For more than one hundred dogs and cats but not more 12 than two hundred fifty dogs and cats, two thousand five hundred 13 dollars. 14 (e) For more than two hundred fifty dogs and cats but not 15 more than four hundred dogs and cats, five thousand dollars. 16 (f) For more than four hundred dogs and cats, seven thousand 17 five hundred dollars. 18 (2) For purposes of determining the scheduled amount under 19 this paragraph “b” , a dog or cat must be recorded as an adult 20 on hand for breeding during the most recent inspection of the 21 commercial breeder by the department of agriculture and land 22 stewardship or the United States department of agriculture. 23 The scheduled amount shall be assessed for the total number of 24 dogs or cats kept at all locations operated by the commercial 25 breeder. 26 7. For a commercial establishment that is a small breeder, 27 competitive show breeder, or specialized breeder, all of the 28 following shall apply: 29 a. The base amount equals seventy-five dollars. A single 30 base amount shall be assessed for all locations operated by 31 the small breeder, competitive show breeder, or specialized 32 breeder. 33 b. A scheduled amount shall not be assessed. 34 8. The moneys collected by the department under this section 35 -8- LSB 1192SZ (3) 86 da/nh 8/ 26

S.F. 502 shall be credited to the commercial establishment fund created 1 in section 162.2C. 2 9. The fees provided in this section shall be considered 3 repayment receipts as defined in section 8.2. The general 4 assembly shall appropriate moneys to the department each state 5 fiscal year necessary for the administration and enforcement of 6 this chapter. 7 Sec. 6. Section 162.2C, subsection 3, Code 2015, is amended 8 to read as follows: 9 3. Moneys in the fund are appropriated to the department and 10 without further special authorization by the general assembly. 11 The moneys shall be used exclusively by the department to carry 12 out do all of the following: 13 a. Administer and enforce the provisions of this chapter 14 as determined and directed by the department , and shall not 15 require further special authorization by the general assembly . 16 b. Fully fund the animal rescue remediation fund as provided 17 in section 717B.13. For each state fiscal year, the department 18 shall transfer at least twenty thousand dollars from moneys 19 in the commercial establishment fund to the animal rescue 20 remediation fund created in section 717B.13. However, if 21 on March 1 the unobligated and unencumbered balance in the 22 animal rescue remediation fund equals more than sixty thousand 23 dollars, the department shall suspend the transfer for the 24 subsequent state fiscal year. If on March 1 of a state fiscal 25 year for which the transfer is suspended, the unobligated and 26 unencumbered balance in the animal rescue remediation fund is 27 less than forty thousand dollars, the department shall resume 28 the transfer for the subsequent state fiscal year. 29 Sec. 7. NEW SECTION . 162.3A Operation of an animal rescue 30 —— license. 31 1. An animal rescue shall only operate pursuant to a license 32 issued or renewed by the department as provided in section 33 162.2A. The animal rescue shall maintain records as required 34 by section 162.10 in order for the department to ensure the 35 -9- LSB 1192SZ (3) 86 da/nh 9/ 26

S.F. 502 animal rescue’s compliance with the provisions of this chapter. 1 2. An animal rescue shall not maintain a dog or cat received 2 by the animal rescue in housing facilities owned or controlled 3 by the animal rescue. However, the animal rescue may arrange 4 to utilize an animal shelter, pound, or foster care home in 5 order to maintain the dog or cat. 6 Sec. 8. NEW SECTION . 162.3B Operation of an animal 7 sanctuary —— license. 8 1. An animal sanctuary shall only operate pursuant to a 9 license issued or renewed by the department as provided in 10 section 162.2A. The animal sanctuary shall maintain records 11 as required by section 162.10 in order for the department to 12 ensure the animal sanctuary’s compliance with the provisions of 13 this chapter. 14 2. An animal sanctuary shall not buy, sell, trade, 15 auction, lease, loan, or breed any dog or cat that is owned or 16 controlled by the animal sanctuary. 17 3. An animal sanctuary shall maintain a dog or cat received 18 by the animal sanctuary in its care until the dog or cat dies 19 by natural causes, is euthanized, or is transferred to another 20 animal sanctuary, an animal rescue, an animal shelter, or a 21 pound. 22 Sec. 9. NEW SECTION . 162.6A Grooming facility —— license. 23 1. A grooming facility shall only operate pursuant to a 24 license issued or renewed by the department as provided in 25 section 162.2A. The grooming facility shall maintain records 26 as required by section 162.10 in order for the department to 27 ensure the grooming facility’s compliance with the provisions 28 of this chapter. 29 2. A grooming facility shall not be in the business of 30 buying and selling vertebrate animals. 31 Sec. 10. Section 162.8, Code 2015, is amended to read as 32 follows: 33 162.8 Operation of a commercial breeder —— state license or 34 permit . 35 -10- LSB 1192SZ (3) 86 da/nh 10/ 26

S.F. 502 1. A commercial breeder shall only operate pursuant to a 1 state license , or a permit, issued or renewed by the department 2 as provided in section 162.2A . A commercial breeder who is 3 a state licensee shall maintain records as required by the 4 department in section 162.10 in order for the department to 5 ensure the commercial breeder’s compliance with the provisions 6 of this chapter . A commercial breeder who is a permittee may 7 but is not required to maintain records. 8 2. A commercial breeder 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 a 11 similar authorization issued or renewed by another state. 12 3. A commercial breeder shall not operate an animal shelter 13 or maintain a controlling interest in an animal shelter. 14 Sec. 11. NEW SECTION . 162.9 Operation of a small breeder, 15 competitive show breeder, or specialized breeder —— license. 16 1. A person who is a small breeder, competitive show 17 breeder, or specialized breeder shall only operate pursuant to 18 a license issued or renewed by the department as provided in 19 section 162.2A. 20 2. A person shall not be eligible for the issuance, 21 maintenance, or renewal of a license under this section if 22 the person holds a public auction license pursuant to section 23 162.9A. 24 Sec. 12. NEW SECTION . 162.10 Records. 25 1. A commercial establishment shall maintain all records 26 required in this chapter. The department shall adopt rules 27 regarding the types of records required to be kept and the 28 format for keeping such records. 29 2. A commercial establishment shall maintain all records 30 necessary for the department to assess a fee imposed for the 31 issuance or renewal of a license pursuant to section 162.2A. 32 3. A commercial establishment shall maintain inspection 33 reports as required in section 162.10B. 34 Sec. 13. Section 162.10B, Code 2015, is amended to read as 35 -11- LSB 1192SZ (3) 86 da/nh 11/ 26

S.F. 502 follows: 1 162.10B Commercial establishments —— inspecting state 2 licensees and registrants Inspections —— ordinary requirements . 3 1. As a condition of issuing or renewing a license, the 4 premises of an applicant shall be open for inspection during 5 normal business hours. 6 2. The department shall conduct at least an annual 7 inspection of a commercial establishment. The department may 8 shall inspect the commercial establishment of a registrant or 9 state licensee by entering onto its business premises at any 10 time during normal working business hours. The department may 11 shall inspect records required to be maintained by the state 12 licensee or registrant commercial establishment as provided 13 in this chapter section 162.10 . If the owner or person in 14 charge of the commercial establishment refuses admittance, the 15 department may obtain an administrative search warrant issued 16 under section 808.14 . The department shall report a potential 17 violation of chapter 717B to the local authority which has 18 jurisdiction over the matter. 19 3. a. A commercial breeder offering to sell a dog to 20 a person shall provide that person with the most recent 21 inspection report completed by all of the following: 22 (1) The department of agriculture and land stewardship. The 23 report shall include the recorded number of adult dogs on hand. 24 (2) The United States department of agriculture, if the 25 commercial breeder is licensed under the Animal Welfare Act. 26 b. The inspection report must be signed by the dog’s 27 purchaser prior to finalizing the sale. 28 c. A copy of each applicable signed inspection report shall 29 be maintained for twelve months by the commercial breeder as 30 part of the commercial breeder’s records as provided in section 31 162.10 and a copy of the signed inspection report completed by 32 the department of agriculture and land stewardship shall be 33 filed with the department. 34 Sec. 14. Section 162.10C, Code 2015, is amended by striking 35 -12- LSB 1192SZ (3) 86 da/nh 12/ 26

S.F. 502 the section and inserting in lieu thereof the following: 1 162.10C Inspections —— restricted requirements. 2 1. Notwithstanding section 162.10B, a person who holds 3 a grooming facility license as provided in section 162.6A is 4 subject to restricted inspection requirements. The department 5 shall conduct the annual inspection of a licensed grooming 6 facility at a scheduled time agreed to by the person and 7 the department. However, the department is not required to 8 schedule an inspection if any of the following applies: 9 a. The person is obstructing the scheduled inspection. 10 b. One or more dogs or cats kept by the person are in 11 immediate need of care. 12 2. Notwithstanding section 162.10B, a person who holds a 13 small breeder, competitive show breeder, or specialized breeder 14 license as provided in section 162.9 is subject to restricted 15 inspection requirements as follows: 16 a. The person is exempt from the inspection requirements 17 of section 162.10B for the period of the license if the person 18 submits evidence to the department that each dog kept by the 19 person complies with all of the following: 20 (1) Has been examined by a licensed veterinarian within the 21 twelve months prior to applying for the issuance or renewal of 22 the reserved license. 23 (2) Received all vaccinations as prescribed by the 24 department based on recommendations of the American veterinary 25 medical association or American animal hospital association. 26 b. If the person does not comply with paragraph “a” , the 27 department shall conduct the annual inspection at a scheduled 28 time agreed to by the person and the department. However, the 29 department is not required to schedule an inspection if any of 30 the following applies: 31 (1) The person is obstructing the scheduled inspection. 32 (2) One or more dogs kept by the person are in immediate 33 need of care. 34 Sec. 15. Section 162.10D, subsections 1 and 2, Code 2015, 35 -13- LSB 1192SZ (3) 86 da/nh 13/ 26

S.F. 502 are amended to read as follows: 1 1. The department may take disciplinary action against a 2 person by suspending or revoking the person’s authorization 3 license for violating a violation of a provision of this 4 chapter or chapter 717B , or who commits for the commission of 5 an unlawful practice under section 714.16 . The department may 6 take primary and secondary disciplinary action as follows: 7 a. Primary disciplinary action may be taken against a person 8 who operates the commercial establishment where the violation 9 occurred. 10 b. Secondary disciplinary action may be taken against a 11 person who operates another class of commercial establishment 12 under a separate license pursuant to section 162.2A if such 13 person is the same as the person who is subject to primary 14 disciplinary action under paragraph “a” . 15 2. The department may require an owner, operator, or 16 employee of a commercial establishment subject to disciplinary 17 action under subsection 1 to complete a continuing education 18 program as a condition for retaining an authorization 19 a license . This section does not prevent a person from 20 voluntarily participating in a continuing education program. 21 However, a continuing education program completed voluntarily 22 prior to the imposition of the department’s disciplinary action 23 shall not be part of such disciplinary action. 24 Sec. 16. Section 162.11, subsection 1, Code 2015, is amended 25 by striking the subsection and inserting in lieu thereof the 26 following: 27 1. This chapter does not apply to the operation of a 28 veterinary facility, including any activity that would 29 otherwise classify the veterinary facility as a commercial 30 establishment so long as the activity is incidental to the 31 practice of veterinary medicine. If the operations are 32 conducted at an establishment in which the operations of the 33 veterinary facility are segregated, this chapter shall apply 34 only to that part of the establishment that does not operate as 35 -14- LSB 1192SZ (3) 86 da/nh 14/ 26

S.F. 502 a veterinary facility. 1 Sec. 17. Section 162.11, subsection 2, Code 2015, is amended 2 by striking the subsection. 3 Sec. 18. Section 162.11, subsection 3, Code 2015, is amended 4 to read as follows: 5 3. This chapter does not apply to a noncommercial kennel 6 at, in, or adjoining a private residence where dogs or cats are 7 kept , for the hobby of the householder, if the dogs or cats 8 are used for hunting, for practice training, for exhibition 9 at shows or field or obedience trials, or for guarding or 10 protecting the householder’s property. However, the dogs 11 or cats must not be kept for breeding if a person receives 12 consideration for providing the breeding. 13 Sec. 19. Section 162.11, Code 2015, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 4. This chapter does not apply to a person 16 who owns, keeps, breeds, or transports a greyhound dog for use 17 at a dog racetrack facility regulated by the racing and gaming 18 commission under chapter 99D. 19 Sec. 20. NEW SECTION . 162.13A Criminal actions. 20 The attorney general or a county attorney may bring criminal 21 action in order to enforce the provisions of this chapter. 22 Sec. 21. NEW SECTION . 162.13B Injunctive relief. 23 A court of this state may prevent or restrain a violation 24 of this chapter through the issuance of an injunction. The 25 attorney general or a county attorney shall institute a suit on 26 behalf of the state to prevent or restrain a violation of this 27 chapter. 28 Sec. 22. Section 162.20, subsection 4, paragraph c, Code 29 2015, is amended to read as follows: 30 c. A pound or animal shelter which knowingly fails to 31 provide for the sterilization of a dog or cat is subject to a 32 civil penalty of up to two hundred dollars. The department 33 may enforce and collect civil penalties according to rules 34 which shall be adopted by the department. Each violation shall 35 -15- LSB 1192SZ (3) 86 da/nh 15/ 26

S.F. 502 constitute a separate offense. Moneys Notwithstanding section 1 162.11, subsection 4, moneys collected from civil penalties 2 shall be deposited into the general fund of the state and 3 are appropriated on July 1 of each year in equal amounts to 4 each track licensed to race dogs to support the racing dog 5 adoption program as provided in section 99D.27. Upon the third 6 offense, the department may suspend or revoke a certificate 7 of registration license issued to the pound or animal shelter 8 pursuant to this chapter section 162.2A . The department may 9 bring an action in district court to enjoin a pound or animal 10 shelter from transferring animals in violation of this section . 11 In bringing the action, the department shall not be required 12 to allege facts necessary to show, or tending to show, a lack 13 of adequate remedy at law, that irreparable damage or loss 14 will result if the action is brought at law, or that unique or 15 special circumstances exist. 16 Sec. 23. Section 162.20, subsection 5, paragraphs b and c, 17 Code 2015, are amended to read as follows: 18 b. The transfer of a dog or cat by a pound or animal 19 shelter which has obtained an enforcement waiver issued 20 by the department. The pound or shelter may apply for an 21 annual waiver each year as provided by rules adopted by 22 the department. The department shall grant a waiver, if it 23 determines that the pound or animal shelter is subject to 24 an ordinance by a city or county which includes stricter 25 requirements than provided in this section . The department 26 shall not charge more than ten dollars as a waiver application 27 fee. The fees collected by the department shall be deposited 28 in the general fund of the state animal rescue remediation fund 29 created in section 717B.13 . 30 c. The transfer of a dog or cat to a research facility as 31 defined in section 162.2 or a person licensed by the United 32 States department of agriculture as a class B dealer pursuant 33 to 9 C.F.R. ch. 1, subch. A, pt. 2. However, a class B dealer 34 who receives an unsterilized dog or cat from a pound or animal 35 -16- LSB 1192SZ (3) 86 da/nh 16/ 26

S.F. 502 shelter shall either sterilize the dog or cat or transfer the 1 unsterilized dog or cat to a research facility provided in this 2 paragraph. The class B dealer shall not transfer a dog to a 3 research facility if the dog is a greyhound registered with the 4 national greyhound association and the dog raced at a track 5 associated with pari-mutuel racing unless the class B dealer 6 receives written approval of the transfer from a person who 7 owned an interest in the dog while the dog was racing. 8 Sec. 24. NEW SECTION . 162.21 Sterilization —— animal 9 sanctuaries. 10 1. An animal sanctuary receiving a dog or cat shall provide 11 for the sterilization of the dog or cat using the veterinary 12 procedures prescribed in section 162.20. 13 2. An animal sanctuary shall provide for the sterilization 14 within ten days from the date that the animal sanctuary 15 receives the dog or cat, unless any of the following apply: 16 a. The department imposes a stricter requirement by rule. 17 b. A licensed veterinarian grants an extension of the 18 period required for the completion of the sterilization, if the 19 extension is based on the health of the dog or cat. 20 3. a. An animal sanctuary that knowingly fails to provide 21 for the sterilization of a dog or cat is subject to a civil 22 penalty of up to two hundred dollars. 23 b. The department may enforce and collect civil penalties 24 according to rules which shall be adopted by the department. 25 Each violation shall constitute a separate violation. Moneys 26 collected from civil penalties shall be credited to the animal 27 rescue remediation fund created in section 717B.13. 28 4. Upon the third violation of this section, the department 29 may suspend or revoke the license issued to the animal 30 sanctuary pursuant to section 162.2A. 31 5. The department may bring an action in district court 32 to enjoin an animal sanctuary from transferring animals in 33 violation of this section in the same manner as provided in 34 section 162.20. 35 -17- LSB 1192SZ (3) 86 da/nh 17/ 26

S.F. 502 6. This section shall not apply to the return of a dog or 1 cat to its owner by an animal sanctuary, except as provided by 2 rules adopted by the department. 3 Sec. 25. Section 717B.1, Code 2015, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 3A. “Commercial establishment” means the 6 same as defined in section 162.2. 7 Sec. 26. Section 717B.4, subsection 3, paragraph a, Code 8 2015, is amended to read as follows: 9 a. The court may order the responsible party to pay an 10 amount which shall not be more than the dispositional expenses 11 incurred by the local authority. The court may also award 12 the local authority court costs, reasonable attorney fees and 13 expenses related to the investigation and prosecution of the 14 case, which shall be taxed as part of the costs of the action. 15 The amount shall be paid to the animal rescue remediation fund 16 created in section 717B.13 to the extent that moneys from the 17 fund were expended to pay for dispositional expenses. 18 Sec. 27. Section 717B.5, Code 2015, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 3A. The local authority may apply to the 21 department for reimbursement of expenses incurred by the local 22 authority in providing for the maintenance of the animal. 23 Sec. 28. NEW SECTION . 717B.13 Animal rescue remediation 24 fund. 25 1. An animal rescue remediation fund is created as a 26 separate fund in the state treasury under the control of the 27 department of agriculture and land stewardship. The general 28 fund of the state is not liable for claims presented against 29 the fund. 30 2. The fund consists of moneys appropriated to the fund, 31 moneys transferred from the commercial establishment fund as 32 provided in section 162.2C, moneys credited to the fund as 33 provided in sections 162.20 and 162.21, sums collected on 34 behalf of the fund through legal action or settlement, and 35 -18- LSB 1192SZ (3) 86 da/nh 18/ 26