H.F. 2259 Section 1. Section 162.2, subsections 1, 2, 15, and 17, Code 1 2018, are amended by striking the subsections. 2 Sec. 2. Section 162.2, subsections 6 and 26, Code 2018, are 3 amended to read as follows: 4 6. “Authorization” means a state license , or certificate 5 of registration , or permit issued or renewed by the department 6 to operate a commercial establishment as provided in section 7 162.2A . 8 26. “State licensee” means any of the following: 9 a. A a boarding kennel, commercial breeder, commercial 10 kennel, or dealer, pet shop , or public auction to whom a state 11 license is issued by the department pursuant to section 162.2A . 12 b. A commercial breeder, dealer, or public auction to whom 13 a state license is issued in lieu of a permit by the department 14 pursuant to section 162.2A. 15 Sec. 3. Section 162.2A, Code 2018, is amended to read as 16 follows: 17 162.2A Application, issuance, and renewal of authorizations. 18 1. The department shall provide for the operation 19 of a commercial establishment by issuing or renewing an 20 authorization, including any of the following: 21 a. A certificate of registration for a pound, animal 22 shelter, or research facility. 23 b. A state license for a boarding kennel, commercial 24 breeder, commercial kennel, or dealer, pet shop , or public 25 auction . 26 c. A state license or permit for a commercial breeder, 27 dealer, or public auction. A federal licensee must apply for 28 and be issued either a permit or a state license in lieu of a 29 permit. 30 2. A person must be issued a separate state license, 31 certificate of registration, or permit authorization for each 32 commercial establishment owned or operated by the person. 33 3. A person must apply for the issuance or renewal of an 34 authorization on forms and according to procedures required by 35 -1- LSB 5094HH (4) 87 da/rj 1/ 11

H.F. 2259 rules adopted by the department. The application shall contain 1 information required by the department, including but not 2 limited to all of the following: 3 a. The person’s name. 4 b. The person’s principal office or place of business. 5 c. The name, address, and type of commercial establishment 6 covered by the authorization. 7 d. The person’s identification number. Notwithstanding 8 chapter 22 , the department shall keep the person’s tax 9 identification number confidential except for purposes of tax 10 administration by the department of revenue, including as 11 provided in section 421.18 . 12 4. The authorization expires on an annual basis as 13 provided by the department, and must be renewed by the 14 commercial establishment on an annual basis on or before the 15 authorization’s expiration date. 16 5. a. A commercial establishment applying for the issuance 17 or renewal of a permit shall provide the department with proof 18 that the person is a federal licensee. Before approving 19 an application to issue a person a license as a commercial 20 breeder, dealer, or pet shop, the department shall inspect 21 the premises of the applicant’s commercial establishment, 22 pursuant to section 162.10B. The department shall disapprove 23 the application if it determines that if the application were 24 approved, the commercial establishment would not comply with 25 the standard of care required under section 162.10A, including 26 any rules adopted pursuant to that section. If the department 27 disapproves the application, the person may submit a new 28 application for the same or different license described in 29 this subsection. However, the department shall not accept an 30 application that is submitted earlier than six months after the 31 date that the department disapproved the previous application. 32 The department shall not approve an application submitted by 33 a person who has applied for any license described in this 34 subsection and has been denied a license more than twice. 35 -2- LSB 5094HH (4) 87 da/rj 2/ 11

H.F. 2259 b. The department shall not require that it must enter onto 1 the premises of a commercial establishment in order to issue a 2 permit. The department shall not require that it must enter 3 onto the premises of a commercial establishment in order to 4 renew a permit, unless it has reasonable cause to monitor the 5 commercial establishment as provided in section 162.10C . 6 Sec. 4. Section 162.2B, subsection 1, Code 2018, is amended 7 to read as follows: 8 1. A commercial establishment shall pay authorization fees 9 to the department for the issuance or renewal of a certificate 10 of registration , or state license , or permit . 11 a. For the issuance or renewal of a certificate of 12 registration, seventy-five dollars. 13 b. For the issuance or renewal of a state license , 14 or permit, one hundred seventy-five dollars. However, a 15 commercial breeder who owns, keeps, breeds, or transports 16 a greyhound dog for pari-mutuel wagering at a racetrack as 17 provided in chapter 99D shall pay a different fee for the 18 issuance or renewal of a state license as provided in rules 19 adopted by the department. 20 Sec. 5. Section 162.7, Code 2018, is amended to read as 21 follows: 22 162.7 Operation of a dealer —— state license or permit . 23 A dealer shall only operate pursuant to a state license , 24 or a permit, issued or renewed by the department as provided 25 in section 162.2A . A dealer who is a state licensee shall 26 maintain records as required by the department in order for the 27 department to ensure compliance with the provisions of this 28 chapter . A dealer who is a permittee may but is not required 29 to maintain records. A dealer shall not purchase a dog or cat 30 from a commercial establishment that does not have operate 31 pursuant to a valid authorization issued or renewed under this 32 chapter or a similar authorization issued or renewed by another 33 state. 34 Sec. 6. Section 162.8, Code 2018, is amended to read as 35 -3- LSB 5094HH (4) 87 da/rj 3/ 11

H.F. 2259 follows: 1 162.8 Operation of a commercial breeder —— state license or 2 permit . 3 A commercial breeder shall only operate pursuant to a state 4 license , or a permit, issued or renewed by the department 5 as provided in section 162.2A . A commercial breeder who is 6 a state licensee shall maintain records as required by the 7 department in order for the department to ensure the commercial 8 breeder’s compliance with the provisions of this chapter . A 9 commercial breeder who is a permittee may but is not required 10 to maintain records. A commercial breeder shall not purchase a 11 dog or cat from a commercial establishment that does not have 12 operate pursuant to a valid authorization issued or renewed 13 under this chapter or a similar authorization issued or renewed 14 by another state. 15 Sec. 7. Section 162.9A, Code 2018, is amended to read as 16 follows: 17 162.9A Operation of a public auction —— state license or 18 permit . 19 A public auction shall only operate pursuant to a state 20 license , or a permit, issued or renewed by the department 21 as provided in section 162.2A . A public auction which is 22 a state licensee shall maintain records as required by the 23 department in order for the department to ensure the public 24 auction’s compliance with the provisions of this chapter . A 25 public auction which is a permittee may but is not required to 26 maintain records. A public auction shall not purchase a dog or 27 cat from a commercial establishment that does not have a valid 28 authorization issued or renewed under this chapter or a similar 29 authorization issued or renewed by another state. 30 Sec. 8. Section 162.10A, Code 2018, is amended to read as 31 follows: 32 162.10A Commercial establishments —— standard of care. 33 1. a. A commercial establishment shall provide for a 34 standard of care that ensures that an animal in its possession 35 -4- LSB 5094HH (4) 87 da/rj 4/ 11

H.F. 2259 or under its control is not lacking any of the following: 1 (1) Adequate feed , adequate water, housing facilities, 2 sanitary control, or grooming practices, if such lack causes 3 adverse health or suffering that is of a quantity and quality 4 suitable for the species, age, and condition of the animal to 5 maintain a reasonable level of nutrition. The food must be 6 provided to the animal at least once each twenty-four hours, 7 unless otherwise specified by a licensed veterinarian in 8 writing . 9 (2) Continuous access to a supply of clean, fresh, 10 potable water, that is not frozen, and is provided in a 11 sanitary manner, except as otherwise specified by a licensed 12 veterinarian in writing. 13 (2) (3) Veterinary care. 14 b. A commercial establishment, other than a research 15 facility or pet shop, shall provide for the standard of care 16 for dogs and cats in its possession or under its control, and a 17 research facility or pet shop shall provide for the standard 18 of care for vertebrate animals in its possession or under its 19 control. 20 2. a. Except as provided in paragraph “b” , or “c” , a 21 commercial establishment shall comply with rules that the 22 department adopts to implement subsection 1 administer and 23 enforce this section . A commercial establishment shall be 24 regulated under this paragraph “a” unless the person is a state 25 licensee as provided in paragraph “b” or a permittee as provided 26 in paragraph “c” . 27 b. A state licensee who is a commercial breeder owning, 28 breeding, transporting, or keeping a greyhound dog for 29 pari-mutuel wagering at a racetrack as provided in chapter 99D 30 may be required to comply with different rules adopted by the 31 department. 32 c. A permittee is not required to comply with rules that the 33 department adopts to implement a standard of care as provided 34 in subsection 1 for state licensees and registrants. The 35 -5- LSB 5094HH (4) 87 da/rj 5/ 11

H.F. 2259 department may adopt rules regulating a standard of care for 1 a permittee, so long as the rules are not more restrictive 2 than required for a permittee under the Animal Welfare Act . 3 However, the department may adopt prescriptive rules relating 4 to the standard of care. Regardless of whether the department 5 adopts such rules, a permittee meets the standard of care 6 required in subsection 1 if it voluntarily complies with rules 7 applicable to state licensees or registrants. A finding by 8 the United States department of agriculture that a permittee 9 complies with the Animal Welfare Act is not conclusive when 10 determining that the permittee provides a standard of care 11 required in subsection 1 . 12 3. A commercial breeder shall ensure that a dog or cat is 13 comfortably housed in a primary enclosure as follows: 14 a. The floor must be constructed in a manner that satisfies 15 all of the following requirements: 16 (1) Prevents the dog’s or cat’s toes, feet, or legs from 17 being injured. 18 (2) Has an even surface. 19 (3) Uses materials that do not sag. 20 (4) Does not use perforated materials, unless any portion 21 of the dog’s or cat’s feet or toes are prevented from passing 22 through the surface. 23 b. The floor must not be constructed with any of the 24 following: 25 (1) Wire strand. 26 (2) Slats that are less than one and one-half inches in 27 width. 28 c. (1) A primary enclosure housing dogs shall be subject to 29 special requirements as follows: 30 (a) For each dog that measures less than twenty-five inches 31 in length, the dog’s primary enclosure must include at least 32 twelve square feet of indoor floor space. 33 (b) For each dog that measures twenty-five inches or more 34 but less than thirty-five inches in length, the dog’s primary 35 -6- LSB 5094HH (4) 87 da/rj 6/ 11

H.F. 2259 enclosure must include at least twenty square feet of indoor 1 floor space. 2 (c) For each dog that measures more than thirty-five inches 3 in length, the dog’s primary enclosure must include at least 4 thirty square feet of indoor floor space. 5 (2) A dog shall be measured from the tip of its nose to the 6 base of its tail. 7 d. A commercial breeder shall not permanently tether a dog. 8 A commercial breeder shall not temporarily tether a dog, unless 9 it is done pursuant to a written waiver issued by the state 10 veterinarian that specifies the conditions for tethering. 11 4. A commercial breeder shall ensure that a dog or cat 12 housed in an environment complies with the following: 13 a. For an indoor environment, the ambient temperature, 14 during any four consecutive hours, must not be less than 15 forty-five degrees Fahrenheit and not more than eighty-five 16 degrees Fahrenheit. The commercial breeder must furnish dry 17 bedding, solid resting boards, or other methods of conserving 18 the dog’s or cat’s body heat during any period when the 19 temperature is less than forty-five degrees Fahrenheit. 20 b. For an outdoor environment, the commercial breeder shall 21 make one or more places of refuge available that meets the 22 following requirements: 23 (1) (a) It must include one or more sheltered structures 24 capable of allowing each dog or cat to sit, stand, lie in 25 a normal manner, and to turn about freely. The sheltered 26 structure must be constructed with a roof, four walls, and a 27 floor. The sheltered structure must have a wind break and rain 28 break at the entrance. The sheltered structure must provide 29 each dog or cat with adequate protection from normal outdoor 30 conditions, including cold, heat, the sun, wind, rain, and 31 snow. 32 (b) It must be furnished with clean, dry bedding material if 33 the ambient temperature is less than fifty degrees Fahrenheit. 34 A commercial breeder shall furnish the sheltered structure 35 -7- LSB 5094HH (4) 87 da/rj 7/ 11

H.F. 2259 with additional clean, dry bedding during any period when the 1 temperature is lower than thirty-five degrees Fahrenheit. 2 (2) It must include one or more natural areas or constructed 3 areas so that each dog or cat may be protected from the sun 4 or wind. A natural area may include one or more trees with 5 adequate foliage. A constructed area may include one or more 6 awnings, suspended shade cloths, or heavy duty tarps. A 7 constructed area must be maintained in good repair and firmly 8 secured to a frame. 9 c. (1) Notwithstanding paragraphs “a” and “b” , an at-risk 10 dog or cat must be maintained in an indoor environment having 11 an ambient temperature that is not less than fifty degrees 12 Fahrenheit. A dog or cat is at risk if it is any of the 13 following: 14 (a) Not acclimated to temperatures lower than fifty 15 degrees. 16 (b) Belongs to a breed that cannot tolerate temperatures 17 lower than fifty degrees without stress or discomfort. 18 (c) Is sick, infirm, aged, or immature. 19 (2) When the at-risk status of a dog or cat as under 20 subparagraph (1) cannot be immediately determined, it is 21 presumed that the dog or cat is at risk until the status is 22 determined. 23 (3) This paragraph “c” does not apply to the extent that a 24 licensed veterinarian provides in writing for the alternative 25 care of the at-risk dogs and cats. 26 5. A commercial breeder shall ensure that a dog or cat 27 is provided at least one personal examination by a licensed 28 veterinarian during each twelve-month period, including but 29 not limited to a comprehensive physical examination, dental 30 assessment, pain assessment, and body condition scoring. 31 3. 6. A commercial establishment fails to provide for a 32 standard of care as provided in subsection 1 this section if 33 the commercial establishment commits abuse as described in 34 section 717B.2 , neglect as described in section 717B.3 , or 35 -8- LSB 5094HH (4) 87 da/rj 8/ 11

H.F. 2259 torture as provided in section 717B.3A . 1 Sec. 9. Section 162.10B, Code 2018, is amended to read as 2 follows: 3 162.10B Commercial establishments —— inspecting state 4 licensees and registrants. 5 1. The department may inspect the commercial establishment 6 of a registrant or state licensee by entering onto its 7 business premises at any time during normal working hours. The 8 department may inspect records required to be maintained by the 9 state licensee or registrant as provided in this chapter . If 10 the owner or person in charge of the commercial establishment 11 refuses admittance, the department may obtain an administrative 12 search warrant issued under section 808.14 . 13 2. In addition to the inspection required under section 14 162.2A, the department shall inspect the commercial 15 establishment of a commercial breeder, dealer, or pet shop 16 at least once annually, and upon complaint. The department 17 shall prepare and keep a record of an inspection report. The 18 inspection report shall include detailed findings, including 19 explanation of any noncompliance with the standard of care in 20 section 162.10A or any rules adopted pursuant to this chapter, 21 and any photographs taken. The department shall maintain such 22 inspection reports for three years. 23 3. If the commercial establishment holds a federal license, 24 the department shall report any findings resulting in an 25 enforcement action under section 162.10D to the United States 26 department of agriculture. 27 Sec. 10. Section 162.11, subsection 1, Code 2018, is amended 28 by striking the subsection. 29 Sec. 11. REPEAL. Section 162.10C, Code 2018, is repealed. 30 Sec. 12. EFFECTIVE UPON ENACTMENT. Except as otherwise 31 provided in this Act, this Act takes effect upon enactment. 32 Sec. 13. EFFECTIVE DATE. Section 162.10A, subsections 3 33 through 5, as enacted in this Act, take effect January 1, 2019. 34 EXPLANATION 35 -9- LSB 5094HH (4) 87 da/rj 9/ 11

H.F. 2259 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 amends provisions in Code chapter 162 that 3 authorize the department of agriculture and land stewardship 4 (DALS) to regulate certain animals (excluding agricultural 5 animals) kept in commercial establishments. Generally, 6 commercial establishments must obtain a license or certificate 7 of registration. 8 STATE LICENSES. The bill addresses several types of 9 commercial establishments that have obtained a federal license 10 and a state permit in lieu of a state license, including a 11 public auction (Code section 162.9A), dealer (Code section 12 162.7), and commercial breeder (Code section 162.8). Under the 13 bill, a federally licensed commercial establishment must obtain 14 a state license. The bill also provides that before approving 15 an application for a state license as a commercial breeder, 16 dealer, or pet shop, DALS must inspect the premises of the 17 applicant’s commercial establishment. If the DALS disapproves 18 an application more than once, it is prohibited from accepting 19 a new application. 20 STANDARD OF CARE. The bill provides new standard of 21 care requirements for a commercial breeder of dogs or cats, 22 including the construction of their primary enclosures, and 23 whether they are housed in an indoor or outdoor environment. 24 For an indoor environment, the bill provides ranges for ambient 25 air temperature, and for an outdoor environment, it requires 26 the use of sheltered structures constructed according to a 27 number of specifications and natural or constructed areas where 28 the animal is protected from the sun or wind. It also requires 29 that the commercial breeder ensure that each dog or cat is 30 provided an annual examination by a veterinarian. 31 INSPECTIONS. The bill requires DALS to inspect the 32 commercial establishment of a commercial breeder, dealer, or 33 pet shop at least once annually, and upon complaint. The 34 inspection report shall include detailed findings, including 35 -10- LSB 5094HH (4) 87 da/rj 10/ 11

H.F. 2259 explanation of any noncompliance with the standard of care in 1 Code section 162.10A or any rules adopted pursuant to this 2 Code chapter, and any photographs taken. The department 3 shall maintain such inspection reports for three years. The 4 bill also requires that if the commercial establishment holds 5 a federal license, DALS must submit any findings resulting 6 in an enforcement action to the United States department of 7 agriculture. 8 APPLICABLE PENALTIES. DALS is authorized to establish, 9 impose, and assess civil penalties for violations of the Code 10 chapter’s provisions. The civil penalty is up to $500 per day 11 of a violation. For a housing violation, the civil penalty is 12 assessed for the first day, but not for the subsequent 15 days 13 to allow for correction according to a departmental plan. For 14 an unauthorized commercial establishment, the civil penalty is 15 up to $1,000 per day of a violation, without a grace period for 16 a housing violation (Code section 162.12A). 17 CRIMINAL PENALTIES. A person who violates a standard of care 18 is guilty of a simple misdemeanor. A person who operates a 19 commercial establishment without obtaining an authorization is 20 guilty of a simple misdemeanor (Code section 162.13). A simple 21 misdemeanor is punishable by confinement for no more than 30 22 days or a fine of at least $65 but not more than $625 or by 23 both. 24 -11- LSB 5094HH (4) 87 da/rj 11/ 11