HF 2406 (LSB 5875YH (5) 90)

HOUSE FILE 2406

BY  JACOBY

A BILL FOR

An Act requiring the department of agriculture and land stewardship to employ additional personnel to inspect or monitor commercial establishments where nonagricultural animals are kept, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  162.2D  Personnel to inspect or monitor commercial establishments.
   1.  For the fiscal year beginning July 1, 2024, and each fiscal year thereafter until the fiscal year beginning July 1, 2029, the department of agriculture and land stewardship shall increase the number of full-time equivalent positions whose sole duty shall be to inspect or monitor commercial establishments regulated by the department under this chapter. The increased number required under this section shall be two more than the total number of full-time equivalent positions whose sole duty was to inspect or monitor commercial establishments for the fiscal year beginning July 1, 2023, and ending June 30, 2024.
   2.  This section is repealed July 1, 2029.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BILL’S PROVISIONS. This bill provides that for FY 2024-2025 through FY 2028-2029, the department of agriculture and land stewardship (DALS) must add two more full-time employees to inspect or monitor commercial establishments where certain animals are kept (Code chapter 162). The provision is repealed July 1, 2029.
   BACKGROUND. A commercial establishment maintains animals other than agricultural animals (Code section 162.1). This includes an animal shelter, boarding kennel, commercial breeder, commercial kennel, dealer, pet shop, pound, public auction, or research facility (Code section 162.2). DALS issues an animal shelter, pound, or research facility a certificate of registration and with one exception issues any other commercial establishment a state license. DALS issues a commercial breeder, dealer, or public auction a permit upon the commercial establishment’s election. In order to be issued or retain a permit, each of these three types of commercial establishments must also be issued a federal license by the United States department of agriculture (Code section 162.2A). A commercial establishment is required to maintain animals under its possession or control according to certain health requirements, including adequate feed, adequate water, housing facilities, sanitary control, grooming practices affecting the health of the animal, and veterinary care (Code section 162.10A). To determine compliance with health requirements, DALS personnel may inspect a commercial establishment owned or operated by a registrant or state licensee during normal business hours (Code section 162.10B). Alternatively, DALS personnel may monitor a commercial establishment owned or operated by a permittee if there is reasonable cause to suspect that the permittee is not providing for the required standard of care (Code section 162.10C). The regulation of commercial establishments is supported in part by fees paid by commercial establishments (Code section 162.2B) to DALS for deposit into the commercial establishment fund, which is appropriated to DALS to support its regulatory efforts (Code section 162.2C).