H.F. 2298 Section 1. Section 162.2, subsection 7, Code 2026, is 1 amended by striking the subsection. 2 Sec. 2. Section 162.2, subsections 8 and 9, Code 2026, are 3 amended to read as follows: 4 8. a. “Commercial breeder” means a person, engaged in the 5 business of breeding dogs or cats, who sells, exchanges, or 6 leases dogs or cats in return for consideration, or who offers 7 to do so, whether or not the animals are raised, trained, 8 groomed, or boarded by the person. A 9 b. Notwithstanding paragraph “a” , “commercial breeder” 10 does not mean a person who owns or harbors three six or fewer 11 breeding males or females is not a commercial breeder . 12 9. “Commercial establishment” or “establishment” means an 13 animal shelter, boarding kennel, commercial breeder, commercial 14 kennel, dealer, pet shop, pound, public auction, or research 15 facility. 16 Sec. 3. Section 162.2, subsection 26, paragraph a, Code 17 2026, is amended to read as follows: 18 a. A boarding kennel, commercial kennel , or pet shop to whom 19 a state license is issued by the department pursuant to section 20 162.2A . 21 Sec. 4. Section 162.2A, subsection 1, paragraph b, Code 22 2026, is amended to read as follows: 23 b. A state license for a boarding kennel, commercial kennel , 24 or pet shop. 25 Sec. 5. Section 162.4A, Code 2026, is amended to read as 26 follows: 27 162.4A Operation of a research facility —— certificate of 28 registration. 29 A research facility shall only operate pursuant to a 30 certificate of registration issued by the department as 31 provided in section 162.2A . The research facility shall 32 maintain records as required by the department in order for the 33 department to ensure the research facility’s compliance with 34 the provisions of this chapter . A research facility shall not 35 -1- LSB 5459YH (3) 91 da/js 1/ 11

H.F. 2298 purchase a dog or cat from a commercial establishment that does 1 not have a valid authorization issued or renewed under this 2 chapter or a similar authorization issued or renewed by another 3 state . 4 Sec. 6. Section 162.5, Code 2026, is amended to read as 5 follows: 6 162.5 Operation of a pet shop —— state license. 7 A pet shop shall only operate pursuant to a state license 8 issued or renewed by the department pursuant to section 9 162.2A . The pet shop shall maintain records as required by the 10 department in order for the department to ensure the pet shop’s 11 compliance with the provisions of this chapter . A pet shop 12 shall not purchase a dog or cat from a commercial establishment 13 that does not have a valid authorization issued or renewed 14 under this chapter or a similar authorization issued or renewed 15 by another state . 16 Sec. 7. Section 162.6, Code 2026, is amended to read as 17 follows: 18 162.6 Operation of a commercial kennel —— state license. 19 A commercial kennel shall only operate pursuant to a state 20 license issued or renewed by the department as provided in 21 section 162.2A . A commercial kennel shall maintain records 22 as required by the department in order for the department to 23 ensure the commercial kennel’s compliance with the provisions 24 of this chapter . A commercial kennel shall not purchase a dog 25 or cat from a commercial establishment that does not have a 26 valid authorization issued or renewed under this chapter or a 27 similar authorization issued or renewed by another state . 28 Sec. 8. Section 162.7, Code 2026, is amended to read as 29 follows: 30 162.7 Operation of a dealer —— state license or permit. 31 A dealer shall only operate pursuant to a state license, 32 or a permit , issued or renewed by the department as provided 33 in section 162.2A . A dealer who is a state licensee shall 34 maintain records as required by the department in order for the 35 -2- LSB 5459YH (3) 91 da/js 2/ 11

H.F. 2298 department to ensure compliance with the provisions of this 1 chapter . A dealer who is a permittee may but is not required 2 to maintain records. A dealer shall not purchase a dog or cat 3 from a commercial establishment that does not have a valid 4 authorization issued or renewed under this chapter or a similar 5 authorization issued or renewed by another state . 6 Sec. 9. Section 162.8, Code 2026, is amended to read as 7 follows: 8 162.8 Operation of a commercial breeder —— state license or 9 permit. 10 A commercial breeder shall only operate pursuant to a state 11 license, or a permit, issued or renewed by the department 12 as provided in section 162.2A . A commercial breeder who is 13 a state licensee shall maintain records as required by the 14 department in order for the department to ensure the commercial 15 breeder’s compliance with the provisions of this chapter . A 16 commercial breeder who is a permittee may but is not required 17 to maintain records. A commercial breeder shall not purchase a 18 dog or cat from a commercial establishment that does not have a 19 valid authorization issued or renewed under this chapter or a 20 similar authorization issued or renewed by another state . 21 Sec. 10. Section 162.9A, Code 2026, is amended to read as 22 follows: 23 162.9A Operation of a public auction —— state license or 24 permit. 25 A public auction shall only operate pursuant to a state 26 license, or a permit, issued or renewed by the department as 27 provided in section 162.2A . A public auction which that is 28 a state licensee shall maintain records as required by the 29 department in order for the department to ensure the public 30 auction’s compliance with the provisions of this chapter . 31 A public auction which that is a permittee may but is not 32 required to maintain records. A public auction shall not 33 purchase a dog or cat from a commercial establishment that does 34 not have a valid authorization issued or renewed under this 35 -3- LSB 5459YH (3) 91 da/js 3/ 11

H.F. 2298 chapter or a similar authorization issued or renewed by another 1 state . 2 Sec. 11. Section 162.10B, Code 2026, is amended to read as 3 follows: 4 162.10B Commercial establishments —— inspecting state 5 licensees and registrants. 6 1. The department may inspect the commercial establishment 7 of a registrant or state licensee by entering onto its 8 business premises at any time during normal working hours. The 9 department may inspect records required to be maintained by the 10 state licensee or registrant as provided in this chapter . If 11 the owner or person in charge of the commercial establishment 12 refuses admittance, the department may obtain an administrative 13 search warrant issued under section 808.14 . 14 2. a. The number of regularly scheduled inspections of 15 a commercial establishment conducted by the department under 16 subsection 1 shall correspond to a tier assigned to the 17 commercial establishment by the department. The department 18 shall establish two or more tiers based on factors that assess 19 the level of risk that commercial establishments assigned 20 to that tier may violate the standard of care requirements 21 described in section 162.10A, subsection 1, to a degree that 22 endangers the health of an animal in the possession or under 23 the control of the commercial establishment. 24 b. Paragraph “a” does not limit the department from 25 conducting an unscheduled inspection as necessary to ensure a 26 commercial establishment is complying with the requirements of 27 this chapter. 28 c. If the department determines that there is credible 29 evidence that a commercial establishment may be violating a 30 standard of care requirement as described in section 162.10A, 31 subsection 1, the department shall inspect the commercial 32 establishment within twenty-four hours of the time that it made 33 the determination. 34 Sec. 12. Section 162.10D, Code 2026, is amended by adding 35 -4- LSB 5459YH (3) 91 da/js 4/ 11

H.F. 2298 the following new subsection: 1 NEW SUBSECTION . 01. a. The department may suspend or 2 revoke an authorization issued or renewed to a commercial 3 establishment under this chapter for a violation of a provision 4 of this chapter. 5 b. A violation of this chapter includes any of the 6 following: 7 (1) The refusal by a commercial establishment operating as a 8 registrant or state licensee to allow the department to conduct 9 an inspection pursuant to a search warrant. 10 (2) The effort of a person associated with the commercial 11 establishment operating as a registrant or state licensee to 12 interfere with an inspection. 13 Sec. 13. Section 162.11, subsection 2, Code 2026, is amended 14 to read as follows: 15 2. This chapter does not apply to a place or establishment 16 which that operates under the immediate supervision of a 17 duly licensed veterinarian as a hospital where animals are 18 harbored, hospitalized, and cared for incidental to the 19 treatment, prevention, or alleviation of disease processes 20 during the routine practice of the profession of veterinary 21 medicine. However, if animals are accepted by such a place, 22 establishment, or hospital for boarding or grooming for a 23 consideration, the place, establishment, or hospital is subject 24 to the licensing or registration requirements applicable to a 25 boarding kennel or commercial kennel under this chapter and the 26 rules adopted by the secretary. 27 Sec. 14. Section 162.12, Code 2026, is amended to read as 28 follows: 29 162.12 Denial or revocation of license or registration. 30 A certificate of registration may be denied to any animal 31 shelter, pound, or research facility and a state license may 32 be denied to any public auction, boarding kennel, commercial 33 kennel, pet shop, commercial breeder, or dealer, or an existing 34 certificate of registration or state license may be revoked by 35 -5- LSB 5459YH (3) 91 da/js 5/ 11

H.F. 2298 the secretary if, after public hearing, it is determined that 1 the housing facilities or primary enclosures are inadequate 2 under this chapter or if the feeding, watering, cleaning, 3 and housing practices at the pound, animal shelter, public 4 auction, pet shop, boarding kennel, commercial kennel, or 5 research facility, or those practices by the commercial breeder 6 or dealer, are not in compliance with this chapter or with 7 the rules adopted pursuant to this chapter . The premises of 8 each registrant or state licensee shall be open for inspection 9 during normal business hours. 10 Sec. 15. Section 162.12A, Code 2026, is amended to read as 11 follows: 12 162.12A Civil penalties. 13 1. a. The department shall establish, impose, and assess 14 civil penalties for violations of this chapter . 15 b. A violation of this chapter includes any of the 16 following: 17 (1) The refusal by a commercial establishment to allow 18 the department acting pursuant to a warrant to inspect the 19 commercial establishment as provided in section 162.10D. 20 (2) The effort of a person associated with the commercial 21 establishment to interfere with a department’s inspection as 22 provided in section 162.10D. 23 c. The department may by rule establish a schedule of civil 24 penalties for violations of this chapter . 25 d. All civil penalties collected under this section shall be 26 deposited into the general fund of the state. 27 1. 2. a. A commercial establishment that operates pursuant 28 to an authorization issued or renewed under this chapter is 29 subject to a civil penalty of not more than five hundred 30 dollars, regardless of the number of animals possessed or 31 controlled by the commercial establishment, for violating this 32 chapter . Except as provided in paragraph “b” , each day that a 33 violation continues shall be deemed a separate offense. 34 b. This paragraph applies to a commercial establishment 35 -6- LSB 5459YH (3) 91 da/js 6/ 11

H.F. 2298 that violates a standard of care involving housing as provided 1 in section 162.10A . The departmental official who makes 2 a determination that a violation exists shall provide a 3 corrective plan to the commercial establishment describing how 4 the violation will be corrected within a compliance period of 5 not more than fifteen days from the date of approval by the 6 official of the corrective plan. The civil penalty shall not 7 exceed five hundred dollars for the first day of the violation. 8 After that day, the department shall not impose a civil penalty 9 for the violation during the compliance period. The department 10 shall not impose an additional civil penalty, unless the 11 commercial establishment fails to correct the violation by the 12 end of the compliance period. If the commercial establishment 13 fails to correct the violation by the end of the compliance 14 period, each day that the violation continues shall be deemed a 15 separate offense. 16 2. 3. A commercial establishment that does not operate 17 pursuant to an authorization issued or renewed under this 18 chapter is subject to a civil penalty of not more than one 19 thousand dollars, regardless of the number of animals possessed 20 or controlled by the commercial establishment, for violating 21 this chapter . Each day that a violation continues shall be 22 deemed a separate offense. 23 Sec. 16. Section 162.19, Code 2026, is amended to read as 24 follows: 25 162.19 Abandoned animals destroyed. 26 1. Whenever any animal is left with a veterinarian , boarding 27 kennel or commercial kennel pursuant to a written agreement and 28 the owner does not claim the animal by the agreed date, the 29 animal shall be deemed abandoned, and a notice of abandonment 30 and its consequences shall be sent within seven days by 31 certified mail to the last known address of the owner. For 32 fourteen days after mailing of the notice the owner shall have 33 the right to reclaim the animal upon payment of all reasonable 34 charges, and after the fourteen days the owner shall be deemed 35 -7- LSB 5459YH (3) 91 da/js 7/ 11

H.F. 2298 to have waived all rights to the abandoned animal. If despite 1 diligent effort an owner cannot be found for the abandoned 2 animal within another seven days, the veterinarian , boarding 3 kennel, or commercial kennel may humanely destroy the abandoned 4 animal. 5 2. Each veterinarian , boarding kennel or commercial kennel 6 shall warn its patrons of the provisions of this section by a 7 conspicuously posted notice or by conspicuous type in a written 8 receipt. 9 Sec. 17. Section 717A.1, subsection 5, paragraph g, Code 10 2026, is amended by striking the paragraph. 11 Sec. 18. REPEAL. Section 162.5A, Code 2026, is repealed. 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 BACKGROUND —— GENERAL. This bill amends Code chapter 16 162, which authorizes the department of agriculture and land 17 stewardship (DALS) to regulate commercial establishments that 18 possess or control nonagricultural animals (Code section 19 162.1), including dogs and cats. The types of regulated 20 commercial establishments include animal shelters, boarding 21 kennels, commercial breeders, commercial kennels, dealers, 22 pet shops, pounds, public auctions, and research facilities 23 (Code section 162.2). A commercial establishment operates 24 under one of three types of authorizations: (1) a certificate 25 of registration for a pound, animal shelter, or research 26 facility; (2) a state license for a boarding kennel, commercial 27 kennel, or pet shop; and (3) a state license or a permit for 28 a commercial breeder, dealer, or public auction. A permit is 29 issued to a commercial breeder, dealer, or public auction in 30 lieu of a license if the commercial establishment is federally 31 licensed by the United States department of agriculture 32 pursuant to the federal Animal Welfare Act (see Code section 33 162.2(5)). 34 BACKGROUND —— STANDARD OF CARE. A commercial establishment 35 -8- LSB 5459YH (3) 91 da/js 8/ 11

H.F. 2298 must ensure that an animal in its possession or under its 1 control is provided an adequate standard of care, including 2 adequate feed, adequate water, housing facilities, sanitary 3 control, grooming practices affecting the health of the animal, 4 and veterinary care (Code section 162.10A). 5 BACKGROUND —— INSPECTIONS. DALS may inspect a registrant 6 or state licensee by entering onto its business premises and 7 may inspect its records (Code section 162.10B). DALS may 8 monitor a permittee by entering onto its business premises 9 for the limited purpose of determining whether the permittee 10 is providing for the required standard of care (Code section 11 162.10C). 12 BACKGROUND —— DISCIPLINARY ACTIONS. DALS may take 13 disciplinary action against a commercial establishment 14 by suspending or revoking the commercial establishment’s 15 authorization (Code section 162.10D). 16 BACKGROUND —— PENALTIES. A commercial establishment that 17 operates pursuant to an authorization is subject to a civil 18 penalty of not more than $500 for a violation of the Code 19 chapter, regardless of the number of animals possessed or 20 controlled by the commercial establishment (Code section 21 162.12A). A commercial establishment that does not operate 22 pursuant to an authorization issued or renewed under the 23 Code chapter is subject to a civil penalty of not more 24 than $1,000 for a violation of the Code chapter, regardless 25 of the number of animals possessed or controlled by the 26 commercial establishment. A person who operates a commercial 27 establishment without an authorization issued or renewed 28 by DALS is guilty of a simple misdemeanor and each day of 29 operation is a separate offense (Code section 162.13). A 30 person who violates a standard of care is also guilty of a 31 simple misdemeanor. A simple misdemeanor is punishable by 32 confinement for no more than 30 days and a fine of at least $105 33 but not more than $855 (Code section 162.13). 34 BILL’S PROVISIONS —— TYPES OF COMMERCIAL ESTABLISHMENTS. 35 -9- LSB 5459YH (3) 91 da/js 9/ 11

H.F. 2298 Under current law, a commercial breeder is a person who is 1 engaged in the business of breeding more than three male or 2 female dogs or cats. The bill increases that exception to 3 more than six male or female dogs or cats. Under current law, 4 a commercial kennel is a business that performs grooming, 5 boarding, or training services for dogs or cats and a boarding 6 kennel is a commercial establishment that shelters and 7 maintains dogs or cats. The bill eliminates a boarding kennel 8 as a type of commercial establishment subject to regulation. 9 BILL’S PROVISIONS —— OUT-OF-STATE AUTHORIZATIONS. The bill 10 provides that a commercial establishment is no longer able to 11 do business in this state under an authorization issued or 12 renewed by another state. 13 BILL’S PROVISIONS —— INSPECTIONS. The bill provides 14 requirements for regularly scheduled inspections of a 15 commercial establishment that is operated by a registrant 16 or state licensee. DALS is required to establish scheduled 17 inspection tiers based on factors that assess the level of risk 18 that a commercial establishment may violate the standard of 19 care requirements. The bill’s provisions do not limit DALS 20 from conducting an unscheduled inspection as necessary to 21 ensure compliance with the requirements of the Code chapter, 22 including standard of care requirements. DALS must conduct an 23 inspection of a commercial establishment within 24 hours of 24 the time that it makes a determination that there is credible 25 evidence that the commercial establishment has violated a 26 standard of care requirement. 27 BILL’S PROVISIONS —— DISCIPLINARY ACTION. The bill provides 28 that DALS may suspend or revoke a registration or state license 29 issued or renewed to a commercial establishment due to the 30 commercial establishment’s refusal to allow DALS to conduct an 31 inspection or due to the interference of an inspection by a 32 person associated with the commercial establishment. 33 BILL’S PROVISIONS —— CIVIL PENALTIES. The bill provides 34 that a commercial establishment operating under a registration 35 -10- LSB 5459YH (3) 91 da/js 10/ 11