House Study Bill 227 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON KAUFMANN) A BILL FOR An Act providing for the regulation of certain commercial 1 establishments engaged in the care of nonagricultural 2 animals, providing for fees, making appropriations and 3 providing for penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2641YC (5) 88 da/rn

H.F. _____ Section 1. Section 162.2, Code 2019, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 2A. “Adult dog” means a dog that is twelve 3 months of age or older. 4 NEW SUBSECTION . 7A. “Breeding dog” means a female dog that 5 is primarily used for producing offspring. 6 NEW SUBSECTION . 7B. “Business activity” means a continuing 7 act conducted by a business organization in which goods or 8 services are offered or accepted in exchange for consideration, 9 including but not limited to sale, barter, or trade, regardless 10 of whether the exchange is conditional. 11 NEW SUBSECTION . 7C. “Business organization” means a sole 12 proprietorship or an entity organized under statute or common 13 law in this state or another jurisdiction for purposes of 14 engaging in a business activity on a profit, cooperative, 15 or not-for-profit basis, including but not limited to a 16 corporation or entity taxed as a corporation under the Internal 17 Revenue Code, nonprofit corporation, cooperative or cooperative 18 association, partnership, limited partnership, limited 19 liability company, limited liability partnership, investment 20 company, joint stock company, joint stock association, or 21 trust, including but not limited to a business trust. 22 NEW SUBSECTION . 8A. “Commercial dealer” means a person, 23 other than a pet shop, who is engaged in a business activity 24 related to buying for resale five or more dogs or cats, or 25 both, during any time in any twelve-month period. 26 NEW SUBSECTION . 10A. a. “Commercial rescue” means a 27 person not engaged in business activity who is a custodian 28 of ten or more dogs or cats, or both, at any time during a 29 twelve-consecutive-month period, if during that period the 30 person does all of the following: 31 (1) Accepts dogs or cats from five or more persons, not 32 counting family members, or has taken custody of five or more 33 dogs or cats which were abandoned. 34 (2) Is prepared to maintain the dogs or cats on a permanent 35 -1- LSB 2641YC (5) 88 da/rn 1/ 26

H.F. _____ basis. 1 (3) Does any of the following: 2 (a) Relinquishes custody or offers to relinquish custody of 3 the dogs or cats by adoption to members of the public. 4 (b) Offers to permanently care for the dogs or cats 5 suffering from a terminal illness. 6 b. “Commercial rescue” does not include a person not engaged 7 in a business activity who keeps dogs or cats pursuant to an 8 agreement with an animal shelter or pound. 9 NEW SUBSECTION . 10B. a. “Commercial transporter” means 10 a person engaged in a business activity that relates to 11 transferring more than five dogs or cats, or both, from a 12 commercial breeder or commercial dealer, at any time during a 13 twelve-month period, if all of the following apply: 14 (1) The person does not hold an ownership interest in the 15 dogs or cats. 16 (2) The person does not keep the dogs or cats on a permanent 17 basis. 18 b. “Commercial transporter” includes a person described 19 in paragraph “a” who is engaged in a business activity that 20 relates to transferring more than five dogs or cats, or both, 21 from another commercial transporter, at any time during a 22 twelve-month period. 23 c. “Commercial transporter” does not include a person 24 licensed as a commercial breeder or commercial dealer. 25 NEW SUBSECTION . 10C. “Conviction” means a conviction for 26 an indictable offense and includes a court’s acceptance of a 27 guilty plea, deferred judgment from the time of entry of the 28 deferred judgment until the time the defendant is discharged by 29 the court without entry of judgment, or other finding of guilt 30 by a court of competent jurisdiction in this state, or in any 31 other state, territory, or district of the United States, or in 32 any foreign jurisdiction. 33 NEW SUBSECTION . 12A. “Enrichment” means any modification 34 in the environment of a confined dog that seeks to enhance 35 -2- LSB 2641YC (5) 88 da/rn 2/ 26

H.F. _____ the dog’s physical and psychological well-being by providing 1 stimuli that meets the dog’s breed-specific needs. 2 NEW SUBSECTION . 13A. “Exercise” means an activity that 3 allows a dog to extend to full stride, play, and engage in 4 other types of mentally stimulating and social behaviors. 5 NEW SUBSECTION . 13B. “Family member” means a spouse, 6 son, daughter, brother, sister, uncle, aunt, first cousin, 7 nephew, niece, father-in-law, mother-in-law, son-in-law, 8 daughter-in-law, brother-in-law, sister-in-law, father, mother, 9 stepfather, stepmother, stepson, stepdaughter, stepbrother, 10 stepsister, half brother, or half sister. 11 NEW SUBSECTION . 16A. “Maintenance” means to keep an 12 animal and provide for the care of the animal in a manner 13 that preserves the animal’s health and safety, including by 14 providing for a standard of care as required in section 162.10 15 or 162.10A when confining, handling, breeding, transporting, or 16 exhibiting the animal. 17 NEW SUBSECTION . 16B. “Nonadult dog” means a dog that is 18 less than twelve months of age. 19 NEW SUBSECTION . 22A. “Puppy” means a dog that is less than 20 four months of age. 21 NEW SUBSECTION . 22B. “Qualified commercial establishment” 22 means a commercial breeder, commercial dealer, commercial 23 transporter, or pet shop. 24 NEW SUBSECTION . 24A. “Serious injury” means an injury that 25 constitutes an animal’s protracted or permanent disfigurement, 26 the protracted or permanent impairment of an animal’s health, 27 the protracted or permanent impairment of the functioning of 28 an animal’s limb or organ, or the loss of an animal’s limb or 29 organ. 30 NEW SUBSECTION . 26A. “Thermoneutral zone” means the range 31 of ambient temperature in which a dog is able to maintain 32 normal body temperature without a change in metabolic rate. 33 NEW SUBSECTION . 28. “Veterinarian” means a person licensed 34 in this state to practice veterinary medicine under chapter 35 -3- LSB 2641YC (5) 88 da/rn 3/ 26

H.F. _____ 169. 1 Sec. 2. Section 162.2, subsections 8, 11, 17, and 26, Code 2 2019, are amended to read as follows: 3 8. a. “Commercial breeder” means a person , engaged in the 4 business of breeding dogs or cats, who sells, exchanges, or 5 leases dogs or cats in return for consideration, or who offers 6 to do so, whether or not the animals are raised, trained, 7 groomed, or boarded by the person. A person who owns or 8 harbors three or fewer breeding males or females is not a 9 commercial breeder. However, a who keeps five or more breeding 10 dogs or cats at any time during twelve consecutive months, 11 breeds those dogs or cats, and is engaged in the business of 12 doing any of the following: 13 (1) Selling five or more dogs or cats to a commercial 14 breeder, a commercial dealer, or a pet store during that 15 period. 16 (2) Selling forty or more non-adult dogs to persons on a 17 retail basis during that period. 18 (3) Keeping more than forty puppies during that period, 19 if the puppies have remained on the business premises of any 20 commercial establishment from the time of their births. 21 b. “Commercial breeder” includes a person who breeds any 22 number of breeding male or female greyhounds for the purposes 23 of using them for pari-mutuel wagering at a racetrack as 24 provided in chapter 99D shall be considered a commercial 25 breeder irrespective regardless of whether the person sells, 26 leases, or exchanges the greyhounds for consideration or offers 27 to do so. 28 11. a. “Dealer” means any person who is engaged in the 29 business of buying for resale or selling or exchanging dogs or 30 cats, or both, as a principal or agent, or who claims to be so 31 engaged. 32 b. “Dealer” does not include an animal shelter or pound. 33 17. “Permittee” means a commercial breeder, dealer , other 34 than a commercial dealer or public auction to whom a permit 35 -4- LSB 2641YC (5) 88 da/rn 4/ 26

H.F. _____ is issued by the department as a federal licensee pursuant to 1 section 162.2A . 2 26. “State licensee” means any of the following: 3 a. A boarding kennel, commercial breeder, commercial dealer, 4 commercial kennel, commercial rescue, commercial transporter, 5 or pet shop to whom a state license is issued by the department 6 pursuant to section 162.2A . 7 b. A commercial breeder, dealer , or public auction to whom 8 a state license is issued in lieu of a permit by the department 9 pursuant to section 162.2A. 10 Sec. 3. Section 162.2A, subsection 1, Code 2019, is amended 11 to read as follows: 12 1. The department shall provide for the operation 13 of a commercial establishment by issuing or renewing an 14 authorization, including any of the following: 15 a. A certificate of registration for a pound, animal 16 shelter, or research facility. 17 b. A state license for a boarding kennel, commercial 18 breeder, commercial dealer, commercial kennel, commercial 19 rescue, commercial transporter, or pet shop. 20 c. A Either a state license or permit for a commercial 21 breeder, dealer , or a public auction. A federal licensee must 22 apply for and be issued either a permit or a state license in 23 lieu of a permit. 24 Sec. 4. Section 162.2A, Code 2019, is amended by adding the 25 following new subsections: 26 NEW SUBSECTION . 2A. For purposes of determining the number 27 of animals that a qualified commercial establishment keeps, 28 two or more commercial establishments located in the same 29 zip code and which would otherwise be classified as separate 30 commercial establishments shall be deemed to be part of the 31 same commercial establishment, if any of the following apply: 32 a. The same person owns or operates each of those commercial 33 establishments. 34 b. Two or more of the commercial establishments are formed 35 -5- LSB 2641YC (5) 88 da/rn 5/ 26

H.F. _____ as different business organizations, and the same person holds 1 a controlling interest in each of the business organizations. 2 If the same family members hold a combined controlling interest 3 in two or more of the commercial establishments, all of those 4 business organizations shall be deemed to be part of a single 5 qualified commercial establishment. 6 NEW SUBSECTION . 2B. A person shall not be issued a state 7 license as a commercial breeder until the person passes an 8 initial inspection conducted by the department. 9 NEW SUBSECTION . 2C. An authorization shall include a unique 10 identification number. 11 Sec. 5. Section 162.2A, Code 2019, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 4A. a. The department shall not issue a 14 person a new state license to operate as a commercial breeder 15 unless the person submits the application to the department at 16 least ninety days before commencing operation. 17 b. In addition to the requirements described in subsection 18 4, the application for a new state license to operate as 19 a commercial breeder shall contain, for the period of the 20 license, all of the following: 21 (1) An estimate of the maximum number of adult dogs and 22 an estimate of the maximum number of non-adult dogs to be 23 maintained. 24 (2) Proof that necessary veterinary services have been 25 obtained to care for the maximum number of dogs described in 26 subparagraph (1). 27 (3) Evidence that the applicant is able to comply with all 28 standards of care required in sections 162.10 and 162.10A. 29 (4) Evidence of financial responsibility consisting of an 30 instrument, including a surety bond, a liability insurance 31 policy, or an irrevocable letter of credit issued by a 32 qualified financial institution as defined in section 12C.1, 33 and naming the department as the beneficiary. 34 (a) The evidence of financial responsibility shall, 35 -6- LSB 2641YC (5) 88 da/rn 6/ 26

H.F. _____ according to its terms, pay the department the amount that the 1 department would incur if the department seizes and impounds an 2 animal as provided in section 162.13. A liability insurance 3 policy shall be subject to the insurer’s policy provisions 4 filed with and approved by the commissioner of insurance. 5 The total and aggregate liability of the surety, insurer, 6 or financial institution for all claims shall be limited to 7 the face of the surety bond, liability insurance policy, or 8 irrevocable letter of credit. 9 (b) The face value of the coverage shall be in the following 10 amounts: 11 (i) Five thousand dollars for an applicant that will 12 maintain not more than twenty-five adult dogs. 13 (ii) Ten thousand dollars for an applicant that will 14 maintain at least twenty-six but not more than fifty adult 15 dogs. 16 (iii) Fifty thousand dollars for an applicant that will 17 maintain more than fifty adult dogs. 18 (5) Information required by the department to conduct a 19 check of the applicant’s criminal history record in cooperation 20 with the department of public safety. The department of public 21 safety shall notify the department of any results of a national 22 criminal history record check requested by the department. 23 The results shall be considered a confidential record under 24 chapter 22 and shall not be released without the consent of the 25 department of public safety. The department shall reimburse 26 the department of public safety for costs associated with 27 conducting the national criminal history record check. 28 c. An application shall not be approved if the applicant has 29 done any of the following: 30 (1) Violated section 162.10 or 162.10A in a manner that 31 has caused an animal serious injury or death or has violated 32 a comparable statute or administrative rule of another state 33 in a manner that has caused an animal serious injury or death, 34 if such statute or rule substantially corresponds to section 35 -7- LSB 2641YC (5) 88 da/rn 7/ 26

H.F. _____ 162.10 or 162.10A. 1 (2) Has in the prior twenty years been convicted of 2 committing animal abuse pursuant to section 717B.2, animal 3 neglect pursuant to section 717B.3, animal torture pursuant to 4 section 717B.3A, injury or interference with a police service 5 dog pursuant to section 717B.9, bestiality pursuant to section 6 717C.1, or an act involving a contest event prohibited in 7 section 717D.2. 8 (3) Has in the prior twenty years been convicted of an 9 offense under any other state’s criminal statute substantially 10 corresponding to an offense described in subparagraph (2). 11 Sec. 6. Section 162.2B, subsection 1, Code 2019, is amended 12 to read as follows: 13 1. A commercial establishment shall pay authorization fees 14 to the department for the issuance or renewal of a certificate 15 of registration, state license, or permit. 16 a. For the issuance or renewal of a certificate of 17 registration, seventy-five dollars. 18 b. For the issuance or renewal of a state license or permit, 19 one hundred seventy-five dollars. However, a 20 c. Notwithstanding paragraph “b” , a commercial breeder shall 21 pay a base authorization fee provided in paragraph “b” plus a 22 scheduled state license fee as follows: 23 (1) One hundred dollars, if the commercial breeder sells 24 at least forty but not more than sixty puppies to the public 25 during the previous period of licensure. 26 (2) Two hundred fifty dollars if the commercial breeder sold 27 at least sixty-one but not more than one hundred fifty puppies 28 to the public during the previous period of licensure. 29 (3) Three hundred fifty dollars if the commercial breeder 30 sold at least one hundred fifty-one but not more than two 31 hundred fifty puppies to the public during the previous period 32 of licensure. 33 (4) Five hundred dollars if the commercial breeder sold at 34 least two hundred fifty-one but not more than three hundred 35 -8- LSB 2641YC (5) 88 da/rn 8/ 26

H.F. _____ fifty puppies to the public. 1 (5) Seven hundred fifty dollars if the commercial breeder 2 sold three hundred fifty-one or more puppies to the public. 3 d. Notwithstanding paragraph “b” or “c” , a commercial 4 breeder who owns, keeps, breeds, or transports a greyhound dog 5 for pari-mutuel wagering at a racetrack as provided in chapter 6 99D shall pay a different fee for the issuance or renewal of a 7 state license as provided in rules adopted by the department. 8 Sec. 7. Section 162.5, Code 2019, is amended to read as 9 follows: 10 162.5 Operation of a pet shop —— state license. 11 1. A pet shop shall only operate pursuant to a state license 12 issued or renewed by the department pursuant to section 162.2A . 13 2. The pet shop shall maintain create and retain records 14 as required by the department in order for the department to 15 ensure the pet shop’s compliance with the provisions of this 16 chapter . The pet shop shall retain such records for three 17 years beginning on the date that the current license was issued 18 or renewed. 19 3. A pet shop shall not purchase a dog or cat from 20 a commercial establishment that does not have a valid 21 authorization issued or renewed under this chapter or a similar 22 authorization issued or renewed by another state. 23 4. a. A pet shop shall not be transferred a dog from a 24 qualified commercial establishment unless the pet shop receives 25 a copy of a disclosure statement as provided in section 162.8. 26 b. A pet shop shall not transfer a dog to another person 27 unless the pet shop provides a copy of the disclosure statement 28 from the qualified commercial establishment as provided in 29 section 162.8 to that person. 30 Sec. 8. Section 162.7, Code 2019, is amended to read as 31 follows: 32 162.7 Operation of a dealer —— state license or permit. 33 A dealer , other than a commercial dealer, shall only operate 34 pursuant to a state license, or a permit, issued or renewed 35 -9- LSB 2641YC (5) 88 da/rn 9/ 26

H.F. _____ by the department as provided in section 162.2A . A dealer 1 who is a state licensee shall maintain records as required 2 by the department in order for the department to ensure 3 compliance with the provisions of this chapter . A dealer who 4 is a permittee may but is not required to maintain records. 5 A dealer shall not purchase a dog or cat from a commercial 6 establishment that does not have a valid authorization issued 7 or renewed under this chapter or a similar authorization issued 8 or renewed by another state. 9 Sec. 9. NEW SECTION . 162.7A Operation of a commercial 10 dealer —— state license. 11 1. A commercial dealer shall only operate pursuant to a 12 state license issued or renewed by the department as provided 13 in section 162.2A. 14 2. A commercial dealer shall create or retain records 15 as required by the department in order for the department to 16 ensure the commercial dealer’s compliance with the provisions 17 of this chapter. The commercial dealer shall retain such 18 records for three years beginning on the date that the current 19 state license was issued or renewed. 20 3. A commercial dealer shall not purchase a dog from 21 a commercial establishment that does not have a valid 22 authorization issued or renewed under this chapter or a similar 23 authorization issued or renewed by another state. 24 4. A commercial dealer shall not be transferred a dog from a 25 qualified commercial establishment unless the commercial dealer 26 receives a copy of a disclosure statement from the qualified 27 commercial establishment as provided in section 162.8. The 28 commercial dealer shall not transfer a dog to any person 29 unless the commercial dealer provides a copy of the disclosure 30 statement to that person. 31 Sec. 10. Section 162.8, Code 2019, is amended to read as 32 follows: 33 162.8 Operation of a commercial breeder —— state license or 34 permit . 35 -10- LSB 2641YC (5) 88 da/rn 10/ 26

H.F. _____ 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 . 3 2. A commercial breeder who is a state licensee shall 4 maintain create and retain records as required by the 5 department in order for the department to ensure the commercial 6 breeder’s compliance with the provisions of this chapter . A 7 commercial breeder who is a permittee may but is not required 8 to maintain records. A commercial breeder shall retain such 9 records for three years beginning on the date that the current 10 state license was issued or renewed. 11 3. A commercial breeder shall not purchase a dog or cat 12 from a commercial establishment that does not have a valid 13 authorization issued or renewed under this chapter or a similar 14 authorization issued or renewed by another state. 15 4. a. A commercial breeder shall not transfer a dog to 16 another person unless the commercial breeder provides that 17 person with a disclosure statement that includes all of the 18 following: 19 (1) The unique identification number included as part of the 20 authorization issued or renewed pursuant to section 162.2A. 21 (2) The commercial breeder’s name, principal office or 22 place of business, telephone number, and electronic mail 23 address. 24 (3) The dog’s approximate date of birth. 25 b. The disclosure statement shall include the following 26 attachments: 27 (1) A copy of the department’s latest inspection report. 28 (2) A certificate of veterinary inspection signed by 29 a veterinarian who examined the dog. The certificate of 30 veterinary inspection shall describe any known disease, 31 illness, or congenital or hereditary condition that adversely 32 affected the health of the dog at the time of the examination. 33 5. The state license shall be contingent upon the 34 maintenance of evidence of financial responsibility described 35 -11- LSB 2641YC (5) 88 da/rn 11/ 26

H.F. _____ in section 162.2A. 1 a. The evidence of financial responsibility shall be 2 maintained at not less than the amount specified in that 3 section at all times during the state license period. 4 b. The department shall be notified ten days prior to any 5 reduction in the surety bond or liability insurance made at the 6 request of the applicant or cancellation of the surety bond 7 by the surety or the liability insurance by the insurer. The 8 department shall be notified ninety days prior to any reduction 9 of the amount of the irrevocable letter of credit at the 10 request of the applicant or the cancellation of the irrevocable 11 letter of credit by the qualified financial institution. 12 6. A commercial breeder shall not transfer a dog to another 13 person until it installs an electronic device beneath the 14 skin of a dog that stores information regarding the dog and 15 the dog’s health in a digital format and accessible by a 16 commercially available computer for purposes of reading the 17 information. 18 Sec. 11. NEW SECTION . 162.8A Operation of a commercial 19 rescue —— state license. 20 1. A commercial rescue shall only operate pursuant to a 21 state license, issued or renewed by the department as provided 22 in section 162.2A. 23 2. A commercial rescue cannot operate on a for profit basis. 24 A commercial rescue which is a business entity must be formed 25 as a domestic corporation or foreign corporation under chapter 26 504. 27 3. A commercial rescue shall create and retain records 28 as required by the department in order for the department to 29 ensure the commercial rescue’s compliance with the provisions 30 of this chapter. 31 4. A commercial rescue shall not purchase or transfer a dog 32 or cat from a qualified commercial establishment as part of its 33 business activities. 34 Sec. 12. NEW SECTION . 162.9 Operation of a commercial 35 -12- LSB 2641YC (5) 88 da/rn 12/ 26

H.F. _____ transporter —— state license. 1 1. A commercial transporter shall only operate pursuant to a 2 state license, issued or renewed by the department as provided 3 in section 162.2A. 4 2. A commercial transporter shall create and retain records 5 as required by the department in order for the department 6 to ensure the commercial transporter’s compliance with the 7 provisions of this chapter. The commercial transporter shall 8 retain such records for three years beginning on the date that 9 the current license was issued or renewed. 10 3. A commercial transporter shall not purchase a dog or cat 11 from a commercial establishment as part of business activity. 12 4. A commercial transporter shall not deliver a dog 13 on behalf of a qualified commercial establishment unless 14 the commercial transporter receives a copy of a disclosure 15 statement from the qualified commercial establishment as 16 provided in section 162.8A. 17 Sec. 13. NEW SECTION . 162.10 Standard of care —— commercial 18 breeder. 19 1. A commercial breeder shall provide the dog with an 20 adequate ration of food at least twice a day, unless otherwise 21 directed by a veterinarian. An adequate ration of food 22 provides a quality and quantity of nutrition that is all of the 23 following: 24 a. Sufficient to maintain the dog’s normal body condition 25 and weight. 26 b. Unspoiled and uncontaminated. 27 c. Provided in accordance with a nutritional plan 28 recommended by a veterinarian. 29 d. Served in a sanitary receptacle. 30 2. A commercial breeder shall provide the dog with adequate 31 access to a continuous supply of potable water in a sanitary 32 receptacle and in sufficient quality and quantity to ensure 33 the dog’s normal body condition and growth unless otherwise 34 directed by a veterinarian. 35 -13- LSB 2641YC (5) 88 da/rn 13/ 26

H.F. _____ 3. A commercial breeder shall provide the dog with adequate 1 shelter. Each dog must be maintained inside a primary 2 enclosure that complies with all of the following: 3 a. The primary enclosure’s ceiling must be at least six 4 inches higher than the top of the head of the tallest dog as 5 measured when the dog is in a normal standing position. 6 b. The primary enclosure must allow each dog to turn in a 7 complete circle and be fully recumbent while laying down. 8 c. The primary enclosure must not be stacked below or on top 9 of another primary enclosure. 10 d. The primary enclosure must be cleaned at least once each 11 day, including by removing excreta, dirt, grime, and other 12 waste. 13 e. On and after January 1, 2022, the primary enclosure must 14 have a minimum floor space measured in square inches determined 15 by applying a formula that obtains a sum achieved by adding 16 nine inches to the length of any dog maintained in the primary 17 enclosure and multiplying that sum by a factor of two. The 18 length of the dog shall be measured from the tip of its nose 19 to the base of its tail. The minimum floor space shall be 20 adjusted to account for each additional dog maintained in the 21 primary enclosure which shall be determined using the same 22 formula. 23 f. On and after January 1, 2022, the primary enclosure’s 24 flooring must be constructed by using materials that can be 25 sanitized. 26 g. On and after January 1, 2022, the primary enclosure’s 27 flooring must be constructed to be safe, taking into account 28 the breed, size, and age of the dog. In addition, the primary 29 enclosure must not be constructed in a manner that allows for 30 any of the following: 31 (1) Any protruding sharp edge that could cut a dog. 32 (2) Sagging or bending when a dog is standing or reclining. 33 (3) Spaces that could allow the paw of the dog to extend 34 through or become caught in the primary enclosure. 35 -14- LSB 2641YC (5) 88 da/rn 14/ 26

H.F. _____ h. On and after January 1, 2022, the primary enclosure’s 1 flooring must not be constructed using wire made of metal, 2 including metal wire that is coated with another material. 3 i. On and after January 1, 2022, the primary enclosure’s 4 flooring must either be solid or consist of slats. If the 5 flooring consists of slats, all of the following must apply: 6 (1) The spaces between the slats must not be more than 7 one-half inch in width. 8 (2) The slats must not be less than three and one-half 9 inches in width. 10 (3) The slats must run in the same direction. 11 (4) The slats must be level. 12 (5) The area must have a solid resting area that can 13 accommodate the full length of the dog while fully recumbent. 14 4. a. On and after January 1, 2022, a commercial breeder 15 shall ensure that a primary enclosure located inside a facility 16 allows for the regulation of temperature, ventilation, and 17 lighting, including diurnal lighting. The commercial breeder 18 shall ensure that the lighting is sufficient, either through 19 natural or artificial means, to observe the physical condition 20 of the dog and to permit inspection and cleaning of the dog and 21 sanitizing the primary enclosure. 22 b. On and after January 1, 2022, a commercial breeder shall 23 ensure that a primary enclosure located outside a facility 24 shall be used only if a veterinarian approves such use. If 25 climatic or ambient temperatures pose a threat to the health 26 and welfare of the dog, the commercial breeder must take 27 effective measures to eliminate the threat. In taking such 28 action, the commercial breeder must consider the dog’s age, 29 breed, overall health, and acclimation to the climate and 30 weather conditions. The commercial breeder shall not use 31 the primary enclosure to house the dog if the dog is unable 32 to tolerate the prevalent temperatures within the dog’s 33 thermoneutral zone. 34 5. A commercial breeder shall maintain a dog in a primary 35 -15- LSB 2641YC (5) 88 da/rn 15/ 26

H.F. _____ enclosure with other dogs, subject to all of the following: 1 a. A dog may be separated due to health, biosecurity, 2 breeding, or behavioral issues. 3 b. A puppy may be maintained with an adult dog only if the 4 adult dog is the puppy’s dam or foster dam. 5 6. A commercial breeder shall maintain a dam under all of 6 the following conditions: 7 a. The dam shall not be bred unless she has a normal body 8 condition and has been declared healthy by a veterinarian 9 following a physical examination. 10 b. The dam shall not produce more than eight litters during 11 its lifetime. 12 c. The dam, including a foster dam, and the dam’s puppies 13 must be provided a sanitary, dry whelping area that allows the 14 dam to lie fully recumbent and stand, and that allows the dam 15 to move away from her puppies as she chooses. No other animal 16 shall inhabit the whelping area other than the dam and her 17 puppies. 18 7. A commercial breeder shall provide a dog with all of the 19 following: 20 a. An opportunity for daily exercise of at least thirty 21 minutes. However, this paragraph does not apply to an 22 expectant female dog, postpartum female dog, or any other dog 23 as directed by a veterinarian. 24 b. An opportunity to safely access the outdoors during 25 daylight hours. 26 c. Daily enrichment while the dog is maintained in its 27 primary enclosure. 28 d. Human interaction for at least fifteen minutes each day 29 in addition to any interaction that occurs during any period 30 reserved for providing the dog with food or water or sanitizing 31 its primary enclosure. The interaction, at a minimum, shall 32 include verbal and tactile stimulation in a positive and 33 beneficial manner. 34 8. A veterinarian must provide a dog maintained by a 35 -16- LSB 2641YC (5) 88 da/rn 16/ 26

H.F. _____ commercial breeder with all of the following: 1 a. Prompt treatment for any significant disease, illness, 2 or injury. 3 b. An annual physical examination of an adult dog. 4 c. Compliance with a vaccination and parasite control 5 program consistent with recommendations of the American 6 veterinarian medical association or the American animal 7 hospital association. 8 d. Any procedure involving surgery or euthanasia. 9 9. The department may adopt rules providing for a standard 10 of care that may supplement the other provisions of this 11 section, including but not limited to housing, nutrition, 12 exercise, grooming, biosecurity and disease control, waste 13 management, and whelping. In adopting such rules, the 14 department shall consider all of the following: 15 a. Recognized best management practices. 16 b. Scientific information, including morbidity and mortality 17 data. 18 c. Generally accepted veterinary medical standards and 19 ethical standards established by the American veterinarian 20 medical association or the American animal hospital 21 association. 22 d. Standards established by the United States department of 23 agriculture under the Animal Welfare Act. 24 Sec. 14. Section 162.10B, Code 2019, is amended to read as 25 follows: 26 162.10B Commercial establishments —— inspecting state 27 licensees and registrants. 28 1. The department may inspect the commercial establishment 29 of a registrant or state licensee by entering onto its 30 business premises at any time during normal working hours. 31 The department may inspect records required to be maintained 32 by the state licensee or registrant as provided in this 33 chapter . If the owner or person in charge of the commercial 34 establishment refuses admittance, the department may obtain an 35 -17- LSB 2641YC (5) 88 da/rn 17/ 26

H.F. _____ administrative search warrant issued under section 808.14 . The 1 department shall prepare and file an inspection report after 2 the inspection which shall be made available to the public on 3 the department’s internet site. 4 2. The department shall conduct an unannounced inspection 5 of the business premises of a commercial breeder at least once 6 during each license period. 7 Sec. 15. Section 162.10D, Code 2019, is amended by adding 8 the following new subsection: 9 NEW SUBSECTION . 1A. The department shall take disciplinary 10 action against a person by suspending or revoking the person’s 11 state license for failing to timely remit any sales or use tax 12 due to the department of revenue as provided in chapter 423. 13 The department of revenue shall cooperate with the department 14 of agriculture and land stewardship in administering this 15 subsection. 16 Sec. 16. Section 162.13, subsection 2, Code 2019, is amended 17 to read as follows: 18 2. a. The failure of a person who owns or operates a 19 commercial establishment to meet the standard of care required 20 in section 162.10A, subsection 1 , is a simple misdemeanor. The 21 animals are subject to seizure and impoundment and 22 b. The failure of a commercial breeder to meet a standard of 23 care required in section 162.10A that causes a dog to suffer 24 serious adverse health effects or prolonged suffering is a 25 serious misdemeanor. 26 3. The department may seize and impound all animals if 27 the commercial breeder fails to meet a standard of care 28 requirement described in subsection 2. The animals may be sold 29 or destroyed as provided by rules which shall be adopted by the 30 department pursuant to chapter 17A . The rules shall provide 31 for the destruction of an animal by a humane method, including 32 by euthanasia. 33 Sec. 17. NEW SECTION . 162.11A Uniform enforcement 34 procedures. 35 -18- LSB 2641YC (5) 88 da/rn 18/ 26

H.F. _____ The department shall adopt rules providing criteria for 1 making decisions regarding the enforcement of this chapter. 2 The department shall apply the criteria in a manner that 3 ensures the uniform enforcement of this chapter. 4 Sec. 18. Section 162.12A, subsection 1, Code 2019, is 5 amended to read as follows: 6 1. a. A commercial establishment that operates pursuant to 7 an authorization issued or renewed under this chapter pursuant 8 to section 162.2A is subject to a civil penalty of not more 9 than five hundred dollars, regardless of the number of animals 10 possessed or controlled kept by the commercial establishment, 11 for violating a provision of this chapter . Except as provided 12 in paragraph “b” , each Each day that a violation continues shall 13 be deemed a separate offense. 14 b. 2. This paragraph applies to a A commercial breeder 15 who violates a provision in section 162.10 shall receive a 16 conditional or disapproved inspection report and is subject 17 to a corrective plan if offered by the department. Any 18 commercial establishment that violates a standard of care 19 involving housing as provided in section 162.10A is also 20 subject to a corrective plan, if so offered . The departmental 21 official who makes a determination that a violation exists 22 and that a corrective plan is warranted, shall provide a 23 prepare and deliver the inspection report and corrective plan 24 to the commercial establishment describing . The inspection 25 report and corrective plan shall identity each violation and 26 describe how the each violation will must be corrected within a 27 compliance period of not more than fifteen days from the date 28 of approval by the official of that the corrective plan is 29 delivered . The commercial establishment shall not engage in 30 its ordinary business activities, other than maintaining the 31 animal as required under this chapter, until the department 32 inspects the business premises of the commercial breeder is 33 satisfied that all corrections identified in the correction 34 plan have been made, and issues an approved inspection report 35 -19- LSB 2641YC (5) 88 da/rn 19/ 26