House
File
557
-
Introduced
HOUSE
FILE
557
BY
MASCHER
A
BILL
FOR
An
Act
relating
to
the
operation
of
animal
shelters,
by
1
prohibiting
the
transfer
of
certain
animals,
and
making
2
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
162.2,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
10A.
“Convicted”
means
a
finding
of
guilt,
3
irrespective
of
the
imposition
or
execution
of
any
sentence;
a
4
final
and
valid
admission
of
guilt
or
a
guilty
plea;
an
entry
5
of
judgment
of
conviction;
an
adjudication
of
delinquency;
a
6
plea
of
guilty
to
a
delinquency
petition;
the
entry
into
an
7
informal
adjustment
agreement
or
an
agreement
to
the
entry
of
a
8
consent
decree
regarding
a
delinquent
act.
9
Sec.
2.
Section
162.4,
Code
2019,
is
amended
to
read
as
10
follows:
11
162.4
Operation
of
an
animal
shelter
——
certificate
of
12
registration.
13
1.
An
animal
shelter
shall
only
operate
pursuant
to
a
14
certificate
of
registration
issued
or
renewed
by
the
department
15
as
provided
in
section
162.2A
.
An
animal
shelter
may
sell
dogs
16
or
cats
if
sales
are
allowed
by
the
department.
The
17
2.
An
animal
shelter
facility
shall
maintain
records
as
18
required
by
the
department
in
order
for
the
department
to
19
ensure
the
animal
shelter’s
compliance
with
the
provisions
of
20
this
chapter
.
21
3.
An
animal
shelter
shall
not
transfer
a
dog
to
a
person
22
who
has
been
convicted
of
animal
abuse
pursuant
to
section
23
717B.2,
animal
neglect
pursuant
to
section
717B.3,
animal
24
torture
pursuant
to
section
717B.3A,
injury
to
or
interference
25
with
a
police
service
dog
pursuant
to
section
717B.9,
26
bestiality
pursuant
to
section
717C.1,
or
an
act
involving
a
27
contest
event
prohibited
in
section
717D.2.
28
4.
An
animal
shelter
shall
not
transfer
an
animal
to
a
29
person,
if
the
person
owned
or
exercised
custody
of
an
animal
30
that
was
subject
to
a
civil
proceeding
in
which
a
court
31
determined
that
the
animal
was
a
threatened
animal
under
32
section
717B.4.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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557
the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
prohibits
an
animal
shelter
from
transferring
2
an
animal
to
a
person
convicted
of
an
offense
relating
to
3
the
mistreatment
of
an
animal,
including
animal
abuse
(Code
4
section
717B.2),
animal
neglect
(Code
section
717B.3),
animal
5
torture
(Code
section
717B.3A),
injury
or
interference
with
6
a
police
service
dog
(Code
section
717B.9),
bestiality
(Code
7
section
717C.1),
and
a
number
of
closely
related
offenses
that
8
involve
animals
participating
in
certain
contest
events
such
as
9
fighting
that
may
result
in
an
animal’s
injury
or
death
(Code
10
section
717D.2).
All
of
these
offenses
are
currently
subject
11
to
a
series
of
penalties
ranging
from
a
simple
misdemeanor
to
a
12
class
“D”
felony.
The
bill
also
prohibits
an
animal
shelter
13
from
transferring
an
animal
to
a
person
who
was
the
subject
to
14
a
civil
dispositional
proceeding
(Code
section
717B.4)
arising
15
out
of
a
rescue
by
a
local
government
in
which
the
court
orders
16
its
disposition
after
determining
its
status
as
threatened,
17
meaning
it
was
subject
to
neglect,
abuse,
or
torture.
18
An
animal
shelter
found
in
violation
of
the
bill
is
subject
19
to
a
civil
penalty
of
not
more
than
$500.
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