House File 594 - Introduced HOUSE FILE 594 BY GAINES , HUNTER , McCONKEY , KAUFMANN , KURTH , and ABDUL-SAMAD A BILL FOR An Act providing for the transfer of dogs and cats by research 1 facilities to certain persons, providing for limitations on 2 liability, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2341YH (5) 87 da/nh

H.F. 594 Section 1. Section 162.2, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2A. “Animal rescue organization” means a 3 person who meets all of the following criteria: 4 a. Is organized on a nonprofit basis as described in the 5 federal Internal Revenue Code, 26 U.S.C. §501(c)(3), and is 6 exempt from income taxation under 26 U.S.C. §501(a). 7 b. Has as its primary purpose the welfare and humane 8 treatment of dogs or cats. 9 c. Ordinarily provides for the retention of dogs or cats on 10 a temporary basis until transferring the dogs or cats to any 11 of the following: 12 (1) Another animal rescue organization. 13 (2) An animal shelter. 14 (3) A member of the public by adoption. 15 d. Does not engage in the destruction of animals, including 16 by euthanasia. 17 Sec. 2. Section 162.4A, Code 2017, is amended to read as 18 follows: 19 162.4A Operation of a research facility —— certificate of 20 registration —— transfer program . 21 1. A research facility shall only operate pursuant to 22 a certificate of registration issued by the department as 23 provided in section 162.2A . The research facility shall 24 maintain records as required by the department in order for the 25 department to ensure the research facility’s compliance with 26 the provisions of this chapter . A research facility shall not 27 purchase a dog or cat from a commercial establishment that does 28 not have a valid authorization issued or renewed under this 29 chapter or a similar authorization issued or renewed by another 30 state. 31 2. a. A research facility shall establish a program for 32 the routine transfer of dogs or cats which are no longer used 33 for testing, evaluation, or observation to an animal shelter 34 or animal rescue organization. The program may also provide 35 -1- LSB 2341YH (5) 87 da/nh 1/ 3

H.F. 594 for the transfer of the dogs or cats by adoption to members of 1 the public. The department shall approve a research facility’s 2 program as part of its approval of an application to issue a 3 certificate of registration to the research facility. 4 b. As part of the program, the research facility shall 5 establish conditions for the transfer of dogs and cats, 6 including but not limited to an evaluation of the physical or 7 psychological condition or temperament of the animals. 8 c. A research facility that provides for the transfer of a 9 dog or cat under its program is not liable for civil damages 10 caused by the animal’s condition or behavior, unless the 11 transfer constitutes gross negligence. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 BILL’S PROVISIONS. This bill provides that a research 16 facility must establish a program to transfer dogs and 17 cats which are no longer used for testing, evaluation, or 18 observation to an animal shelter or animal rescue organization. 19 The bill defines an animal rescue organization as a nonprofit 20 entity that holds animals on a short-term basis and is not 21 engaged in the destruction of animals. As part of the program, 22 the research facility may transfer the animal to a member of 23 the public for adoption. 24 Finally, the bill provides that a research facility 25 providing for the transfer of a dog or cat under its program is 26 not liable for civil damages caused by the animal’s condition 27 or behavior unless such transfer constitutes gross negligence. 28 BACKGROUND. A research facility is a public or private 29 school, college, or scientific institution concerned with the 30 investigation of, or instruction concerning the structure 31 or function of living organisms (Code section 162.2). The 32 facility is regulated by the department of agriculture and land 33 stewardship (DALS) as a commercial establishment and operates 34 pursuant to a certificate of registration obtained from the 35 -2- LSB 2341YH (5) 87 da/nh 2/ 3

H.F. 594 department (Code section 162.4A). 1 APPLICABLE CIVIL PENALTIES. DALS is required to establish, 2 impose, and assess civil penalties for violations of Code 3 chapter 162 (Code section 162.12A). Generally, the civil 4 penalty cannot exceed $500 and each day that a violation 5 continues constitutes a separate offense. 6 -3- LSB 2341YH (5) 87 da/nh 3/ 3