S.F. 2162 Section 1. Section 162.2, subsection 4, Code 2026, is 1 amended by striking the subsection. 2 Sec. 2. Section 162.2A, subsection 5, Code 2026, is amended 3 to read as follows: 4 5. a. A commercial establishment applying for the issuance 5 or renewal of a permit shall provide the department with proof 6 that the person is a federal licensee. 7 b. The department shall not require that it must enter onto 8 the premises of a commercial establishment in order to issue a 9 permit. The department shall not require that it must enter 10 onto the premises of a commercial establishment in order to 11 renew a permit, unless it has reasonable cause to monitor the 12 commercial establishment as provided in section 162.10C . 13 Sec. 3. Section 162.10B, Code 2026, is amended to read as 14 follows: 15 162.10B Commercial establishments —— inspecting state 16 licensees and registrants regular inspections . 17 1. The department may inspect the conduct regular 18 inspections of the business premises of a commercial 19 establishment of owned or operated by a registrant or state 20 licensee by entering onto its business premises at any time 21 during normal working hours. The As part of the regular 22 inspection, the department may inspect records required to be 23 maintained by the state licensee or registrant as provided 24 in this chapter . If the owner or person in charge of the 25 commercial establishment refuses admittance, the department may 26 obtain an administrative search warrant issued under section 27 808.14 . 28 2. The department shall not enter the business premises of 29 a commercial establishment owned or operated by a registrant or 30 state licensee to conduct an investigation except as provided 31 in chapter 162A. 32 Sec. 4. Section 162.10C, subsection 3, Code 2026, is amended 33 to read as follows: 34 3. When carrying out this section monitoring a commercial 35 -1- LSB 5514XS (5) 91 da/js 1/ 19

S.F. 2162 establishment as provided in subsections 1 and 2 , the 1 department may cooperate with the United States department 2 of agriculture. The department shall report any findings 3 resulting in an enforcement action under section 162.10D to the 4 United States department of agriculture. 5 Sec. 5. Section 162.10C, Code 2026, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 4. The department shall not enter the 8 business premises of a commercial establishment owned or 9 operated by a permittee to conduct an investigation, except as 10 provided in chapter 162A. 11 Sec. 6. Section 162.13, subsection 2, Code 2026, is amended 12 to read as follows: 13 2. The failure of a person who owns or operates a commercial 14 establishment to meet the standard of care required in section 15 162.10A, subsection 1 , is a simple misdemeanor. The animals 16 are subject to seizure and impoundment and may be sold or 17 destroyed as provided by rules which shall be adopted by the 18 department pursuant to chapter 17A . The rules shall provide 19 for the destruction of an animal by a humane method, including 20 by euthanasia. 21 Sec. 7. NEW SECTION . 162.14A Seizure, confiscation, and 22 disposition. 23 The department shall not remove, care for, or provide 24 for the disposition of an animal maintained by a commercial 25 establishment except as provided in chapter 162A. 26 Sec. 8. NEW SECTION . 162A.1 Definitions. 27 As used in this chapter, unless the context otherwise 28 provides: 29 1. “Commercial establishment” means the same as defined in 30 section 162.2. 31 2. “Department” means the department of agriculture and land 32 stewardship. 33 3. “Domestic animal” or “animal” means any of the following: 34 a. An animal maintained by a commercial establishment. 35 -2- LSB 5514XS (5) 91 da/js 2/ 19

S.F. 2162 b. Livestock as defined in section 717.1. 1 4. “Domestic animal enterprise” or “enterprise” means any of 2 the following: 3 a. A commercial establishment. 4 b. A person who owns or operates a farming operation on 5 agricultural land that is eligible for an agricultural land tax 6 credit as provided in chapter 426, if the person is engaged in 7 the business of producing and selling more than ten head of 8 livestock per year in commercial channels. 9 5. “Domestic animal enterprise designee” or “designee” means 10 an individual who is legally authorized to act on behalf of a 11 domestic animal enterprise. 12 6. “Domestic animal enterprise premises” or “premises” means 13 the land where a domestic animal enterprise is located. 14 7. “Domestic animal neglect” or “neglect” means any of the 15 following: 16 a. The failure of a commercial establishment to provide an 17 animal with a standard of care as required pursuant to section 18 162.10A. 19 b. Livestock neglect as provided in section 717.2A. 20 c. Animal neglect as provided in section 717B.3. 21 8. “Enforcement agency” means any of the following: 22 a. A county sheriff’s office or a city’s police force. 23 b. The department, if acting to regulate a commercial 24 establishment. 25 9. “Enforcement officer” means any of the following: 26 a. A law enforcement official regularly employed by a 27 county sheriff’s office or a city’s police force to conduct 28 investigations regarding criminal offenses under section 29 162.10A, 717.2, or 717B.3. 30 b. A department inspector charged by the department to 31 inspect or monitor commercial establishments. 32 10. “Local authority” means a county as provided in chapter 33 331 or a city as defined in section 362.2 having jurisdiction 34 over a domestic animal enterprise premises. 35 -3- LSB 5514XS (5) 91 da/js 3/ 19

S.F. 2162 11. “Veterinary custodian” means a person engaged in the 1 practice of veterinary medicine that provides emergency care to 2 a domestic animal relocated from a domestic animal enterprise 3 pursuant to a court order pursuant to section 162A.6. 4 Sec. 9. NEW SECTION . 162A.2 Applicability. 5 1. This chapter applies to a domestic animal enterprise 6 that owns and cares for a domestic animal that may be subject 7 to domestic animal neglect, on the domestic animal enterprise 8 premises. 9 2. A domestic animal enterprise subject to an investigation 10 under section 162A.3, a court proceeding conducted under this 11 chapter, or an order issued by a court under this chapter 12 retains all rights in a domestic animal unless any of the 13 following occur: 14 a. The enterprise voluntarily relinquishes its ownership 15 interest in the animal. A relinquishment is not effective 16 until the enterprise designee signs a statement of temporary 17 relocation. The statement shall be dated and notarized under 18 chapter 9B and filed as part of the record of any judicial 19 proceeding provided in this chapter. 20 b. All judicial remedies are exhausted. 21 3. Any consent by a domestic animal enterprise designee in 22 an investigation or proceeding conducted under this chapter 23 arising out of an alleged occurrence of domestic animal neglect 24 is void unless in writing and signed by the domestic animal 25 enterprise designee. 26 4. An investigation or proceeding conducted under this 27 chapter arising out of an alleged occurrence of domestic animal 28 neglect is a civil proceeding. If the case is related to a 29 criminal proceeding under section 162.10A, 717.2, or 717B.3, 30 the disposition of a domestic animal shall not be part of the 31 criminal proceeding and any order by a court providing for 32 the disposition of an animal under this chapter shall not be 33 considered a criminal penalty. 34 Sec. 10. NEW SECTION . 162A.3 Investigation by an 35 -4- LSB 5514XS (5) 91 da/js 4/ 19

S.F. 2162 enforcement officer —— entry onto a domestic animal enterprise 1 premises. 2 An enforcement officer may enter a domestic animal 3 enterprise premises to investigate domestic animal neglect 4 subject to the restrictions provided in this section. 5 1. a. An enforcement officer who is a law enforcement 6 official may enter the premises when investigating domestic 7 animal neglect. 8 b. An enforcement officer who is a department inspector 9 shall not enter the premises unless based on a complaint of 10 a violation of section 162.10A or when accompanying a law 11 enforcement official. 12 2. An enforcement officer may enter the premises 13 accompanied by a licensed veterinarian practicing in the same 14 area as the domestic animal enterprise premises. No other 15 person shall enter the premises unless by consent of the 16 domestic animal enterprise designee upon any condition required 17 by the designee. 18 3. An enforcement agency must provide notice to an animal 19 enterprise designee at least twenty-four hours before entering 20 on the animal enterprise premises. 21 4. An enforcement officer shall not enter the animal 22 enterprise premises unless any of the following apply: 23 a. The designee consents to the entry upon such terms and 24 conditions as the designee may establish. 25 b. The enforcement officer obtains a search warrant. The 26 search warrant shall comply with the requirements of chapter 27 808. The search warrant shall include the name and location of 28 the domestic animal enterprise subject to the search; the names 29 and titles of the persons conducting the search; and the time, 30 date, and place of the search. A copy of the search warrant 31 shall be presented to the domestic animal enterprise designee 32 before the search. Any defect in the search warrant shall 33 render the search warrant void. 34 5. When conducting an investigation of the domestic animal 35 -5- LSB 5514XS (5) 91 da/js 5/ 19

S.F. 2162 enterprise premises, an enforcement officer shall not do any 1 of the following: 2 a. Interfere with a domestic animal enterprise designee 3 or any employee of the domestic animal enterprise, so long 4 as the designee or employee does not physically obstruct the 5 investigation. The act of standing in close proximity to an 6 enforcement officer or accompanying veterinarian does not 7 constitute interference unless the act impedes the view of the 8 enforcement officer or veterinarian. 9 b. Threaten to confine or arrest a domestic animal 10 enterprise designee or employee of the domestic animal 11 enterprise unless the designee or employee physically obstructs 12 or attempts to physically obstruct the investigation. An 13 enforcement officer shall not in any manner coerce or threaten 14 the designee or employee. Any verbal statement or promise 15 made by an enforcement officer to a designee or employee that 16 relates to relinquishing a domestic animal shall be deemed 17 coercion. 18 c. Damage any property located on the domestic animal 19 enterprise premises or injure any animal maintained on the 20 premises. 21 Sec. 11. NEW SECTION . 162A.4 Temporary care of a domestic 22 animal. 23 A local authority may provide for the temporary care of 24 a domestic animal maintained at a domestic animal enterprise 25 premises under any of the following circumstances: 26 1. The domestic animal enterprise designee does any of the 27 following: 28 a. Relinquishes the enterprise’s ownership of the animal as 29 provided in section 162A.2. 30 b. Consents to the temporary care of the animal as provided 31 in section 162A.2. 32 2. Pursuant to an order issued by the district court in the 33 county where the domestic animal enterprise premises is located 34 as provided in this chapter. 35 -6- LSB 5514XS (5) 91 da/js 6/ 19

S.F. 2162 Sec. 12. NEW SECTION . 162A.5 Temporary disposition of a 1 domestic animal —— order for monitored on-site care. 2 1. A local authority may file with the district court a 3 petition for the care of a domestic animal maintained at a 4 domestic animal enterprise. The petition shall request that 5 the animal be provided temporary care by an on-site monitor. 6 2. The petition must at least include all of the following: 7 a. The name and address of the enterprise. 8 b. The name and a brief description of the domestic animal. 9 c. A description of the domestic animal, including the 10 species and breed of the animal, and methods to identify the 11 animal. The methods may include any of the following: 12 (1) An audio or visual recording. The visual recording may 13 show all four sides of the domestic animal, identifying marks, 14 tattoos, or ear tags. 15 (2) Information regarding any microchips implanted in the 16 animal. 17 d. A statement signed by a veterinarian examining the 18 domestic animal stating that there is physical evidence that 19 indicates the animal’s condition is consistent with domestic 20 animal neglect. 21 e. A person nominated as an on-site monitor to supervise 22 the care provided to the domestic animal. The petition shall 23 include the person’s qualifications. 24 3. Upon receiving the petition, the court shall do any of 25 the following: 26 a. Notify the domestic animal enterprise designee that 27 the petition has been filed with the court. The notification 28 shall contain a copy of the petition and the date and time of a 29 hearing to determine the matter. 30 b. Hold the hearing within ten days after the petition is 31 filed with the court. 32 4. If the court determines that there is cause to believe 33 that the animal’s condition is consistent with domestic animal 34 neglect, the court shall issue an order that at least declares 35 -7- LSB 5514XS (5) 91 da/js 7/ 19

S.F. 2162 all of the following: 1 a. The grounds for determining that the animal’s condition 2 is consistent with domestic animal neglect. 3 b. A determination that the domestic animal enterprise may 4 not be able and willing to alone provide the animal with the 5 required care. 6 c. The appointment of a qualified person to act as an 7 on-site monitor to oversee the required care provided to the 8 domestic animal. 9 d. The terms and conditions of the animal’s care. 10 e. The rights of the domestic animal enterprise. 11 Sec. 13. NEW SECTION . 162A.6 Temporary disposition of a 12 domestic animal —— order for emergency relocation for veterinary 13 care. 14 1. A local authority may file with the district court a 15 petition for the emergency care of a domestic animal maintained 16 at a domestic animal enterprise. The petition shall request 17 that the animal be temporarily relocated to a veterinary 18 custodian for the sole purpose of providing temporary emergency 19 care. 20 2. The petition must at least include all of the following: 21 a. The name and address of the domestic animal enterprise 22 where the animal is maintained. 23 b. The name and a brief description of the animal. 24 c. A description of the animal, including the species and 25 breed of the animal, and methods to identify the animal. The 26 methods may include any of the following: 27 (1) An audio or visual recording. The visual recording may 28 show all four sides of the animal, identifying marks, tattoos, 29 or ear tags. 30 (2) Information regarding any microchips implanted in the 31 animal. 32 d. (1) An emergency relocation statement signed by two 33 licensed veterinarians stating under penalty of perjury a 34 determination of all of the following: 35 -8- LSB 5514XS (5) 91 da/js 8/ 19

S.F. 2162 (a) There is physical evidence that indicates the animal’s 1 condition is consistent with domestic animal neglect. 2 (b) The relocation of the animal to a veterinary custodian 3 is necessary in order to provide the animal with required 4 emergency care. The determination must be based on a diagnosis 5 that without relocation and treatment provided by a veterinary 6 custodian, the animal would likely suffer prolonged suffering 7 or death. The statement shall describe all of the following: 8 (i) The specific reasons why temporary relocation to the 9 veterinary custodian is necessary. 10 (ii) The specific illness, disease, or injury that requires 11 the temporary relocation. 12 (iii) The care to be prescribed. 13 (2) One veterinarian shall be selected by the petitioner 14 and one veterinarian shall be selected by the domestic animal 15 enterprise. If the two selected veterinarians cannot agree, 16 the determination shall be made by a third veterinarian 17 appointed by the other two. A veterinarian shall not make 18 a determination under this section, if the veterinarian is 19 associated with the custody of the relocated animal. 20 e. A person nominated to principally provide day-to-day 21 emergency care to the domestic animal. The nomination shall 22 include the name and address of the veterinarian assigned to 23 the case. 24 3. Upon receiving the petition, the court shall do the 25 following: 26 a. Notify the designee that the petition has been filed 27 with the court. The notification shall contain a copy of 28 the petition and the date and time of a hearing to determine 29 whether the animal is in need of emergency care by a veterinary 30 custodian. 31 b. Hold the hearing within one day after the petition is 32 filed with the court. 33 4. If the court determines that there is cause to believe 34 that the animal’s condition is consistent with domestic 35 -9- LSB 5514XS (5) 91 da/js 9/ 19

S.F. 2162 animal neglect, and that emergency relocation is required, the 1 court shall issue an order that at least declares all of the 2 following: 3 a. The grounds for determining that the animal’s condition 4 is consistent with domestic animal neglect. 5 b. The grounds for determining that the domestic animal 6 enterprise is unable or unwilling to provide the animal with 7 the required care under the oversight of an on-site monitor 8 appointed under section 162A.5. 9 c. The appointment of a veterinary custodian to provide the 10 required emergency care to the domestic animal, including the 11 name, if any, and address of the veterinary custodian where 12 the animal is to be relocated. The veterinarian shall not be 13 professionally associated with the veterinarian who signed 14 the statement of temporary relocation. The location of the 15 veterinary custodian’s practice must be in the same county as 16 the domestic animal enterprise premises. 17 d. A person appointed to monitor the care provided to the 18 animal, including by visiting the animal at least once each 19 week. 20 e. The terms and conditions of the animal’s temporary 21 relocation including but not limited to as provided in section 22 162A.7. 23 f. The terms and conditions of the animal’s care. 24 g. The rights of the domestic animal enterprise, which may 25 be in addition to the rights described in section 162A.7. 26 Sec. 14. NEW SECTION . 162A.7 Temporary disposition of a 27 domestic animal —— terms of emergency relocation. 28 1. This section applies to emergency care provided to 29 a domestic animal temporarily relocated from a domestic 30 animal enterprise and provided emergency care by a veterinary 31 custodian pursuant to a court order as provided in section 32 162A.6. 33 2. The domestic animal shall remain at the location of the 34 veterinary custodian’s practice unless otherwise provided in 35 -10- LSB 5514XS (5) 91 da/js 10/ 19

S.F. 2162 this section or ordered by the court. 1 3. Any person authorized by the domestic animal enterprise, 2 including a veterinarian, may visit the animal during normal 3 business hours, as otherwise agreed to by the veterinary 4 custodian and the domestic animal enterprise or by court order. 5 During a visit, all of the following apply: 6 a. A veterinarian selected by the domestic animal enterprise 7 may examine the animal. 8 b. A domestic animal enterprise representative or a 9 veterinarian selected by the domestic animal enterprise may 10 produce an audio or visual recording of the animal’s condition. 11 4. a. The veterinary custodian may perform routine 12 procedures that maintain or treat the animal as required or 13 allowed by court order. The procedure must be performed 14 during normal business hours unless otherwise agreed to by the 15 veterinary custodian and the domestic animal enterprise. 16 b. (1) Except as provided in subparagraph (2), a veterinary 17 custodian shall not perform any other procedure unless an 18 animal enterprise designee signs a consent form. The consent 19 form shall include a statement explaining the type of procedure 20 to be performed, why the procedure is necessary, and when 21 the procedure will be performed. The standard of care is to 22 allow an animal to live a comfortable life with any necessary 23 limitations. The consent form shall be dated and notarized 24 pursuant to chapter 9B. The designee shall receive a copy of 25 the completed consent form. 26 (2) A veterinary custodian may perform a procedure upon the 27 request of the enterprise. The enterprise may also select a 28 veterinarian approved by the court to perform the procedure. 29 The enterprise shall pay all costs associated with performing 30 the procedure unless the veterinary custodian’s act or omission 31 required the procedure to be performed. 32 c. A person selected by the domestic animal enterprise must 33 be provided a reasonable opportunity to witness the performance 34 of the procedure. 35 -11- LSB 5514XS (5) 91 da/js 11/ 19

S.F. 2162 5. a. Except as provided in paragraph “b” , a veterinary 1 custodian shall return the domestic animal to the domestic 2 animal enterprise premises after the veterinary custodian 3 determines that the emergency relocation is no longer 4 necessary. 5 b. A veterinary custodian shall return the animal to the 6 domestic animal enterprise premises if two veterinarians 7 selected by the enterprise examine the animal and sign a 8 written confirmation that states the emergency relocation is no 9 longer necessary. The statement shall be dated and notarized 10 pursuant to chapter 9B. The statement shall be filed with the 11 clerk of the district court. If a statement is filed, the 12 costs of the two examinations shall be paid by the veterinary 13 custodian. 14 6. A veterinary custodian who violates a provision of this 15 section is subject to a civil penalty of not more than one 16 thousand dollars for each day of the violation to be assessed 17 by the district court in the county where the veterinary 18 custodian practices. Any moneys collected from the civil 19 penalty shall be deposited in the general fund. 20 Sec. 15. NEW SECTION . 162A.8 Permanent disposition 21 proceeding —— general. 22 1. If a domestic animal is subject to a temporary 23 disposition proceeding as provided in section 717A.5 or 717A.6, 24 the court shall conduct a permanent disposition proceeding as 25 provided in this section. 26 2. An enterprise shall have at least seven business days 27 to obtain legal counsel prior to the permanent disposition 28 proceeding. The court shall set a date for the proceeding 29 based on all circumstances in the case. 30 3. If the court determines that domestic animal neglect has 31 not occurred, the court shall order any of the following: 32 a. The animal no longer needs to be provided care by an 33 on-site monitor acting under section 162A.5. 34 b. The temporarily relocated animal shall be returned to 35 -12- LSB 5514XS (5) 91 da/js 12/ 19

S.F. 2162 the custody of the enterprise by a veterinary custodian acting 1 under section 162A.6, subject to the provisions of section 2 162A.9. 3 4. If the court determines that domestic animal neglect has 4 occurred, the court shall order the applicable disposition of 5 the domestic animal as follows: 6 a. That the animal be destroyed by euthanasia, based on the 7 court’s determination of the animal’s condition or temperament, 8 or its market value. The animal shall be destroyed if it is 9 permanently distressed by disease or injury to a degree that 10 would result in severe or prolonged suffering. 11 b. That custody of the domestic animal be returned to the 12 domestic animal enterprise upon such conditions as the court 13 determines appropriate. 14 c. That custody of the domestic animal be transferred to a 15 person other than the domestic animal enterprise, including by 16 sale. The person transferred the animal must be willing and 17 capable of caring for the animal. The animal may be sold as 18 provided in section 162A.10. 19 Sec. 16. NEW SECTION . 162A.9 Permanent disposition 20 proceeding —— return of domestic animal. 21 1. If the court determines that domestic animal neglect has 22 not occurred, the court may order the following: 23 a. That the animal be returned to the domestic animal 24 enterprise with all deliberate speed in a manner instructed by 25 the enterprise. 26 b. (1) Each veterinarian who signed the emergency 27 relocation statement as provided in section 162A.5 shall 28 reimburse the domestic animal enterprise for all of the 29 following: 30 (a) Reasonable expenses incurred in returning the animal to 31 the custody of the domestic animal enterprise premises. 32 (b) Reasonable attorney fees, investigative fees, court 33 costs, communication expenses, witness fees and expenses, and 34 travel expenses associated with the case. 35 -13- LSB 5514XS (5) 91 da/js 13/ 19

S.F. 2162 (2) The expenses described in subparagraph (1) shall be 1 assigned to each veterinarian on a prorated basis. 2 2. If the court orders a relocated domestic animal to be 3 returned to the custody of the domestic animal enterprise, but 4 the domestic animal is not returned within thirty days, the 5 animal is deemed transferred to the petitioner as provided in 6 section 162A.6. In that case, the petitioner shall reimburse 7 the enterprise the fair market value of the animal, as 8 determined by the court after a hearing. 9 Sec. 17. NEW SECTION . 162A.10 Permanent disposition 10 proceeding —— disposition of a domestic animal by sale. 11 1. If a court orders a domestic animal be transferred to a 12 person, other than the domestic animal enterprise, by sale, as 13 provided in section 162A.9, all of the following apply: 14 a. A petitioner shall deliver a written notice to each 15 person who is known to have a legal interest in the animal. 16 b. A sale conducted under this subsection shall not occur 17 until at least fourteen days after a notice of the sale is 18 published once in a newspaper of general circulation in the 19 county where the enterprise’s premises is located. The sale 20 shall be open to the public. 21 c. The terms of the sale and the person transferred 22 ownership of the animal must be approved by the court. 23 2. a. After the sale of the domestic animal, the court 24 shall hold a hearing regarding the dispersal of the proceeds 25 from the sale. 26 b. At least fifteen days prior to hearing, all interested 27 persons who have an interest in the animal shall submit to the 28 court a statement detailing their claim to the proceeds. 29 3. The proceeds from the sale shall be disbursed as follows: 30 a. To reimburse the petitioner the following: 31 (1) Reasonable expenses incurred by the petitioner in 32 conducting the sale. 33 (2) Reasonable expenses incurred by the petitioner by 34 providing for care to the animal provided by an on-site monitor 35 -14- LSB 5514XS (5) 91 da/js 14/ 19

S.F. 2162 or a veterinary custodian under section 162A.5. 1 b. Any person who has a legal interest in the animal. 2 If the animal is owned by more than one person, the amount 3 shall be prorated among the persons based on the percentage 4 of interest owned in the animal attributable to each owner as 5 the animal’s titleholders. Nothing in this paragraph shall be 6 construed to limit, restrict, impair, or subordinate a right 7 of a person having a security interest in the animal, or the 8 proceeds from the sale of the animal. 9 Sec. 18. Section 717.2A, subsection 1, Code 2026, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . 0b. This section does not apply to the 12 removal of livestock from a domestic animal enterprise subject 13 to chapter 162A. 14 Sec. 19. Section 717.5, subsection 1, paragraph a, 15 unnumbered paragraph 1, Code 2026, is amended to read as 16 follows: 17 A court shall order the disposition of livestock neglected 18 as provided in section 717.2 or livestock in immediate need 19 of sustenance and associated products as provided in sections 20 717.3 and 717.4 in accordance with this section . However, 21 this section does not apply to the disposition of livestock 22 maintained by a domestic animal enterprise as provided in 23 chapter 162A. 24 Sec. 20. Section 717F.2, Code 2026, is amended to read as 25 follows: 26 717F.2 Rulemaking —— chapter 28E agreements —— assistance of 27 animal warden . 28 1. The department shall administer this chapter by doing all 29 of the following: 30 a. 1. Adopting rules as provided in chapter 17A for the 31 administration and enforcement of this chapter . 32 b. 2. Entering into agreements with public agencies 33 pursuant to chapter 28E as the department determines necessary 34 for the administration and enforcement of this chapter . 35 -15- LSB 5514XS (5) 91 da/js 15/ 19

S.F. 2162 2. An animal warden as defined in section 162.2 shall assist 1 the department in seizing and maintaining custody of dangerous 2 wild animals. 3 Sec. 21. Section 717F.4, subsection 7, paragraph b, Code 4 2026, is amended to read as follows: 5 b. To comply with the directions of the department or an 6 animal warden . 7 Sec. 22. Section 717F.4, subsection 9, Code 2026, is amended 8 to read as follows: 9 9. The person must immediately notify an animal warden 10 the department or other local law enforcement official of any 11 escape of a dangerous wild animal. 12 Sec. 23. Section 717F.7, subsection 17, Code 2026, is 13 amended to read as follows: 14 17. An employee of the department responsible for the 15 administration of this chapter , an animal warden as defined in 16 section 162.2, or an animal care provider or law enforcement 17 officer as defined in section 717B.1 . 18 Sec. 24. Section 717F.10, Code 2026, is amended to read as 19 follows: 20 717F.10 Enforcement. 21 The department is the principal agency charged with 22 enforcing the provisions of this chapter . An animal warden 23 as defined in section 162.2, The department or an animal 24 care provider or law enforcement officer as defined in 25 section 717B.1 , shall enforce this chapter as directed by the 26 department. 27 Sec. 25. REPEAL. Sections 162.14 and 162.15, Code 2026, 28 are repealed. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 BACKGROUND —— COMMERCIAL ESTABLISHMENTS. Several Code 33 chapters regulate the mistreatment of animals. Code chapter 34 162 authorizes the department of agriculture and land 35 -16- LSB 5514XS (5) 91 da/js 16/ 19

S.F. 2162 stewardship (DALS) to regulate commercial establishments that 1 possess or control animals, other than animals used for an 2 agricultural purpose (livestock). A commercial establishment 3 operates pursuant to an authorization by DALS as an animal 4 shelter, pound, or research facility (registrant); a pet shop, 5 boarding kennel, or commercial kennel (state licensee); or a 6 commercial breeder, dealer, or public auction (state licensee 7 or state permittee if operating under a federal license). A 8 commercial establishment is subject to a standard of care, 9 including providing adequate food, adequate water, housing 10 facilities, sanitary control, grooming practices affecting 11 the health of the animal, and veterinary care (Code section 12 162.10A). DALS may inspect a registrant or state licensee 13 by entering onto its business premises and may inspect its 14 records. DALS may monitor a permittee by entering onto its 15 business premises for the limited purpose of determining 16 whether the permittee is providing for the required standard 17 of care. In order to enter onto the premises of a permittee, 18 DALS must have reasonable cause supported by an oral or written 19 complaint or a report filed by the United States department 20 of agriculture (Code section 162.10C). The Code chapter also 21 authorizes an animal warden to take custody of an animal (Code 22 sections 162.14 and 162.15). 23 BACKGROUND —— ANIMAL MISTREATMENT. Code chapters 717 24 and 717B provide criminal penalties for the mistreatment 25 of animals. In addition, a local authority may rescue and 26 a court may provide for the disposition of an animal that 27 is mistreated. The proceeding is civil. Code chapter 717 28 provides for the mistreatment of livestock by neglect or abuse 29 and Code chapter 717B provides for the mistreatment of animals 30 other than livestock and wildlife by neglect, mistreatment, or 31 abuse. In each case, an animal or livestock may be rescued 32 by the local authority (Code section 717.2A for the neglect 33 of livestock and Code section 717B.5 for the neglect, abuse, 34 or torture of an animal other than livestock and wildlife). 35 -17- LSB 5514XS (5) 91 da/js 17/ 19

S.F. 2162 Each Code chapter provides for the disposition of a rescued 1 livestock or other animal by petition filed by the local 2 authority in district court (Code section 717.3 for livestock 3 and Code section 717B.4 for other animals). 4 BILL’S PROVISIONS —— GENERAL. This bill provides a 5 substitute process for investigating animals subject to 6 standard-of-care requirements in a commercial establishment 7 under Code chapter 162 and the neglect of livestock and other 8 animals under Code chapters 717 and 717B. The bill also 9 provides a substitute process for determining the disposition 10 of those animals upon petition by a local authority filed in 11 district court. The bill defines this class of animal as a 12 domestic animal (animal). The bill’s provisions apply to a 13 domestic animal enterprise (enterprise), which includes an 14 animal maintained by a commercial establishment and livestock 15 maintained and sold as part of a farming operation. 16 BILL’S PROVISIONS —— INVESTIGATIONS. An enforcement officer 17 is a person who is either employed as a sheriff or city police 18 officer acting under Code chapter 717 or 717B investigating 19 a case of neglect, or a DALS inspector acting under Code 20 chapter 162 investigating a case involving the standard of 21 care. The enforcement officer may enter the premises of an 22 enterprise to conduct an investigation upon a search warrant 23 and after providing notice of the entry to the enterprise. 24 The enforcement officer is subject to several requirements 25 when conducting an investigation, including by not interfering 26 with an employee of the enterprise, threatening the employee, 27 damaging property, or injuring an animal. 28 BILL’S PROVISIONS —— TEMPORARY CARE. The bill provides 29 that a local authority may file a petition for the care of 30 a domestic animal maintained at a domestic animal enterprise 31 with the district court. The petition shall request that 32 the animal be provided temporary care until a dispositional 33 proceeding. The care may be provided by an on-site monitor who 34 oversees that care provided at the enterprise. A veterinarian 35 -18- LSB 5514XS (5) 91 da/js 18/ 19

S.F. 2162 must sign a statement stating that there is physical evidence 1 that indicates the animal’s condition is consistent with 2 domestic animal neglect. In the case of a domestic animal 3 requiring emergency care, the court may temporarily relocate 4 the animal to a veterinary custodian. In order to issue the 5 order, an emergency relocation statement must be signed by two 6 veterinarians. The bill provides a number of requirements 7 that apply to the care of an animal under the custody of a 8 veterinary custodian, including the rights of the enterprise 9 to be involved in its treatment. A veterinary custodian who 10 violates a requirement is subject to a civil penalty of not 11 more than $1,000 for each day of the violation. 12 BILL’S PROVISIONS —— PERMANENT DISPOSITION. The bill 13 provides for the permanent disposition of an animal subject to 14 care under a petition by a court, which includes returning the 15 animal to the enterprise, destroying the animal by euthanasia, 16 or selling the animal. If the animal is sold, the distribution 17 of proceeds from the sale is also determined by a court. The 18 proceeds are distributed to interested persons, including the 19 local authority incurring costs to care for the animal, and 20 any person who has a legal interest in the animal. The bill 21 eliminates two provisions that provide powers and duties of an 22 animal warden and makes conforming changes. 23 -19- LSB 5514XS (5) 91 da/js 19/ 19