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House File 140 - IntroducedA Bill ForAn Act 1relating to the regulation of persons, including
2commercial establishments, keeping nonagricultural animals,
3providing for fees and appropriations, and making penalties
4applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2REGULATION, FEES, AND APPROPRIATIONS
3 Section 1. Section 162.2, subsections 6, 14, 15, 17, 23, and
426, Code 2019, are amended by striking the subsections.
5 Sec. 2. Section 162.2, subsections 3, 8, 9, 10, and 27, Code
62019, are amended to read as follows:
73. “Animal shelter” means a facility which is housing
8facility used to receive, house or contain dogs or cats, or
9both, or transfer vertebrate animals and which is owned,
10operated, or maintained by an incorporated humane society,
11animal welfare society, society for the prevention of cruelty
12to animals, or other nonprofit organization devoted to the
13welfare, protection, and humane treatment of such animals.
148. a. “Commercial breeder” means a person, engaged in the
15business of breeding dogs or cats, who sells, exchanges, or
16leases dogs or cats in return for consideration, or who offers
17to do so, whether or not the animals dogs or cats are raised,
18trained, groomed, or boarded by the person.
19b. Notwithstanding paragraph “a”, “commercial breeder” does
20not mean any of the following:
21(1) A person who is a small breeder, competitive show
22breeder, or specialized breeder.
23(2) A person who owns or harbors keeps three or fewer
24breeding males or females is not a commercial breeder male or
25female dogs or cats. However, a person who breeds any number
26of breeding male or female greyhounds for the purposes of
27using them for pari-mutuel wagering at a racetrack as provided
28in chapter 99D shall be considered a commercial breeder
29irrespective of whether the person sells, leases, or exchanges
30the greyhounds for consideration or offers to do so.
319. “Commercial establishment” or “establishment” means an any
32of the following:
33a. An animal rescue.
34b. An animal sanctuary.
35c. Ananimal shelter,.
-1- 1d. Aboarding kennel,.
2e. Acommercial breeder,.
3f. Acommercial kennel,.
4g. Adealer,.
5h. A grooming facility.
6i. Apet shop,.
7j. Apound,.
8k. Apublic auction, or.
9l. Aresearch facility.
10m. A small breeder, competitive show breeder, or specialized
11breeder.
1210. a. “Commercial kennel” means a kennel which performs
13grooming, a facility where boarding, or training services are
14provided for dogs or cats in return for a consideration.
15b. “Commercial kennel” does not mean a facility in which a
16dog or cat remains in the custody of the owner of the dog or
17cat.
1827. “Vertebrate animal” or “animal” means those vertebrate
19animals other than members of the equine, bovine, ovine, and
20porcine species, and ostriches, rheas, or emus.
21 Sec. 3. Section 162.2, Code 2019, is amended by adding the
22following new subsections:
23 NEW SUBSECTION. 2A. “Animal rescue” means a person who
24during a state fiscal year receives more than six adult dogs
25or cats, or more than three litters of dogs or cats, and who
26retains custody of the dogs or cats on a temporary basis until
27doing any of the following:
28a. Transferring the dogs or cats to an animal shelter,
29pound, or another animal rescue.
30b. Relinquishing custody of the dogs or cats by adoption to
31members of the public.
32 NEW SUBSECTION. 2B. “Animal sanctuary” means a person who
33during a state fiscal year owns or leases and controls housing
34facilities where at least six adult dogs or cats have been
35received from one or more persons, if all of the following
-2-1apply:
2a. When received, each dog or cat was any of the following:
3(1) Abandoned, orphaned, or unwanted, or transferred by a
4pound or animal shelter.
5(2) In an impaired condition due to disease, injury, or
6birth defect, or a threatened animal as defined in section
7717B.1.
8b. Each dog or cat is maintained by the person on a
9permanent basis, until the death of the dog or cat, or the
10person transfers the dog or cat to any of the following:
11(1) An animal rescue.
12(2) Another animal sanctuary.
13(3) An animal shelter.
14(4) A pound.
15 NEW SUBSECTION. 15A. “Foster care home” means a private
16residence that provides a vertebrate animal with temporary
17maintenance, including shelter and care, if the animal has
18been accepted by a person licensed as an animal rescue,
19animal shelter, or pound and that person is authorized by the
20department to oversee the operations of the private residence.
21 NEW SUBSECTION. 15B. a. “Grooming facility” means a
22business, including a salon, that as the principal part
23of its operation, provides grooming services in return for
24consideration.
25b. “Grooming facility” does not mean a business that does
26any of the following:
27(1) Only provides grooming services at the residence of the
28owner of the dog or cat.
29(2) Only provides grooming services at a mobile business
30operating at different locations.
31(3) Operates as part of a commercial kennel that provides
32grooming services as an incidental part of its operation.
33(4) Operates as part of a veterinary facility that provides
34grooming services as an incidental part of its operation.
35(5) Keeps the dog or cat for less than twenty-four hours
-3-1during any one period.
2 NEW SUBSECTION. 15C. “Grooming services” means providing
3a dog or cat with hygienic care or treatment to improve
4appearance, which may include but is not limited to bathing;
5the removal of dead hair or skin; hair clipping, shaving, or
6brushing; nail trimming; or providing flea or tick control.
7 NEW SUBSECTION. 16A. “License” means an authorization to
8operate a commercial establishment as provided in this chapter
9regardless of whether the authorization is also referred to as
10a permit or certificate of registration.
11 NEW SUBSECTION. 16B. “Licensee” means a commercial
12establishment that operates pursuant to a license issued and
13renewed by the department pursuant to section 162.2A.
14 NEW SUBSECTION. 16C. “Local authority” means the same as
15defined in section 717B.1.
16 NEW SUBSECTION. 20A. “Practice of veterinary medicine”
17means the same as defined in section 169.3.
18 NEW SUBSECTION. 24A. a. “Small breeder, competitive show
19breeder, or specialized breeder” means a person who owns or
20keeps dogs, if the person does all of the following:
21(1) Breeds the dogs.
22(2) Sells, exchanges, or leases the dogs in return for
23consideration, or offers to sell, exchange, or lease the dogs
24in return for consideration.
25(3) Keeps in any state fiscal year a total of not more than
26three litters of puppies.
27b. “Small breeder, competitive show breeder, or specialized
28breeder” does not mean a person who owns or keeps three or fewer
29breeding male or female dogs.
30c. “Small breeder, competitive show breeder, or specialized
31breeder” does not mean a commercial breeder.
32 NEW SUBSECTION. 28. “Veterinary facility” means a business
33where one or more licensed veterinarians are engaged in the
34practice of veterinary medicine. The business may also provide
35grooming services as an incidental part of its operation.
-4-1 Sec. 4. Section 162.2A, Code 2019, is amended to read as
2follows:
3162.2A Application, issuance, and renewal of authorizations.
41. The department shall provide for the operation of
5 issuance or renewal of a license to operate a commercial
6establishment by issuing or renewing an authorization,
7including any of the following:. A person who owns a
8commercial establishment shall be deemed to operate that
9commercial establishment.
10a. A certificate of registration for a pound, animal
11shelter, or research facility.
12b. A state license for a boarding kennel, commercial kennel,
13or pet shop.
14c. A state license or permit for a commercial breeder,
15dealer, or public auction. A federal licensee must apply for
16and be issued either a permit or a state license in lieu of a
17permit.
182. a. A person must hold a current, valid license in order
19to operate a commercial establishment.
20b. A person must be issued a separate state hold a single
21 license, certificate of registration, or permit for each class
22of commercial establishment owned or operated by the person,
23regardless of how many locations for that class are operated
24by the person. Each of the following is a separate class of
25commercial establishment:
26(1) An animal rescue.
27(2) An animal sanctuary.
28(3) An animal shelter.
29(4) A boarding kennel.
30(5) A commercial breeder.
31(6) A commercial kennel.
32(7) A grooming facility.
33(8) A dealer.
34(9) A pet shop.
35(10) A pound.
-5- 1(11) A public auction.
2(12) A research facility.
3(13) A small breeder, competitive show breeder, or
4specialized breeder.
53. A person must apply for the issuance or renewal of an
6authorization a license on forms and according to procedures
7required by rules adopted by the department. The application
8shall contain information required by the department, including
9but not limited to all of the following:
10a. The person’s name.
11b. The person’s principal office or place of business.
12c. The name, address, and type of establishment covered by
13the authorization license.
14d. The person’s identification number. Notwithstanding
15chapter 22, the department shall keep the person’s tax
16identification number confidential except for purposes of tax
17administration by the department of revenue, including as
18provided in section 421.18.
194. The authorization A license expires on an annual basis
20as provided by the department, and must be renewed by the
21commercial establishment on an annual basis on or before the
22authorization’s license’s expiration date.
235. a. A commercial establishment applying for the issuance
24or renewal of a permit shall provide the department with proof
25that the person is a federal licensee.
26b. The department shall not require that it must enter onto
27the premises of a commercial establishment in order to issue a
28permit. The department shall not require that it must enter
29onto the premises of a commercial establishment in order to
30renew a permit, unless it has reasonable cause to monitor the
31commercial establishment as provided in section 162.10C. The
32department may deny an application for the issuance or renewal
33of a license if the department determines that the applicant is
34in violation of this chapter or has not demonstrated that the
35applicant will comply with the provisions of this chapter.
-6-1 Sec. 5. Section 162.2B, Code 2019, is amended by striking
2the section and inserting in lieu thereof the following:
3162.2B Fees.
41. The department shall establish, assess, and collect
5fees for issuing or renewing a license as provided in section
6162.2A. The fees assessed under this section shall include a
7base amount plus any applicable scheduled amount.
82. For a commercial establishment that is an animal rescue,
9animal sanctuary, animal shelter, pound, or research facility,
10all of the following shall apply:
11a. The base amount equals seventy-five dollars. A single
12base amount shall be assessed for all locations operated by the
13commercial establishment.
14b. A scheduled amount shall not be assessed.
153. For a commercial establishment that is a dealer or
16grooming facility, all of the following shall apply:
17a. The base amount equals one hundred dollars. A single
18base amount shall be assessed for all locations operated by the
19commercial establishment.
20b. A scheduled amount shall not be assessed.
214. For a commercial establishment that is a boarding kennel,
22commercial kennel, or public auction, all of the following
23shall apply:
24a. The base amount equals one hundred seventy-five dollars.
25A single base amount shall be assessed for all locations
26operated by the commercial establishment.
27b. A scheduled amount shall not be assessed.
285. For a commercial establishment that is a pet shop, all
29of the following shall apply:
30a. The base amount equals one hundred seventy-five dollars.
31A base amount shall be assessed for each location operated by
32the pet shop.
33b. (1) The scheduled amount shall be determined based on
34the number of dogs and cats kept by the pet shop as follows:
35(a) For at least one dog or cat but not more than twenty
-7-1dogs and cats, one hundred dollars.
2(b) For more than twenty dogs and cats but not more than
3forty dogs and cats, two hundred fifty dollars.
4(c) For more than forty dogs and cats, five hundred dollars.
5(2) For purposes of determining the scheduled amount under
6this paragraph “b”, a dog or cat must be recorded as on hand for
7sale to the general public during the most recent inspection
8of the pet shop by the department. The scheduled amount shall
9be assessed for the total number of dogs or cats kept at all
10locations operated by the pet shop.
116. For a commercial establishment that is a commercial
12breeder, all of the following shall apply:
13a. The base amount equals one hundred seventy-five dollars.
14A base amount shall be assessed for each location operated by
15the commercial breeder.
16b. (1) The scheduled amount shall be determined based on
17the number of dogs and cats kept by the commercial breeder as
18follows:
19(a) For not more than fifty dogs and cats, seventy-five
20dollars.
21(b) For more than fifty dogs and cats but not more than
22seventy-five dogs and cats, two hundred fifty dollars.
23(c) For more than seventy-five dogs and cats but not more
24than one hundred dogs and cats, eight hundred dollars.
25(d) For more than one hundred dogs and cats but not more
26than two hundred fifty dogs and cats, two thousand five hundred
27dollars.
28(e) For more than two hundred fifty dogs and cats but not
29more than four hundred dogs and cats, five thousand dollars.
30(f) For more than four hundred dogs and cats, seven thousand
31five hundred dollars.
32(2) For purposes of determining the scheduled amount under
33this paragraph “b”, a dog or cat must be recorded as an adult
34on hand for breeding during the most recent inspection of the
35commercial breeder by the department of agriculture and land
-8-1stewardship or the United States department of agriculture.
2The scheduled amount shall be assessed for the total number of
3dogs or cats kept at all locations operated by the commercial
4breeder.
57. For a commercial establishment that is a small breeder,
6competitive show breeder, or specialized breeder, all of the
7following shall apply:
8a. The base amount equals seventy-five dollars. A single
9base amount shall be assessed for all locations operated by
10the small breeder, competitive show breeder, or specialized
11breeder.
12b. A scheduled amount shall not be assessed.
138. The moneys collected by the department under this section
14shall be credited to the commercial establishment fund created
15in section 162.2C.
169. The fees provided in this section shall be considered
17repayment receipts as defined in section 8.2. The general
18assembly shall appropriate moneys to the department each state
19fiscal year necessary for the administration and enforcement of
20this chapter.
21 Sec. 6. Section 162.2C, subsection 3, Code 2019, is amended
22to read as follows:
233. Moneys in the fund are appropriated to the department and
24 without further special authorization by the general assembly.
25The moneys shall be used exclusively by the department to carry
26out do all of the following:
27a. Administer and enforce theprovisions of this chapter
28as determined and directed by the department, and shall not
29require further special authorization by the general assembly.
30b. Fully fund the animal rescue remediation fund as provided
31in section 717B.13. For each state fiscal year, the department
32shall transfer at least twenty thousand dollars from moneys
33in the commercial establishment fund to the animal rescue
34remediation fund created in section 717B.13. However, if
35on March 1 the unobligated and unencumbered balance in the
-9-1animal rescue remediation fund equals more than sixty thousand
2dollars, the department shall suspend the transfer for the
3subsequent state fiscal year. If on March 1 of a state fiscal
4year for which the transfer is suspended, the unobligated and
5unencumbered balance in the animal rescue remediation fund is
6less than forty thousand dollars, the department shall resume
7the transfer for the subsequent state fiscal year.
8 Sec. 7. NEW SECTION. 162.3A Operation of an animal rescue
9— license.
101. An animal rescue shall only operate pursuant to a license
11issued or renewed by the department as provided in section
12162.2A. The animal rescue shall maintain records as required
13by section 162.10 in order for the department to ensure the
14animal rescue’s compliance with the provisions of this chapter.
152. An animal rescue shall not maintain a dog or cat received
16by the animal rescue in housing facilities owned or controlled
17by the animal rescue. However, the animal rescue may arrange
18to utilize an animal shelter, pound, or foster care home in
19order to maintain the dog or cat.
20 Sec. 8. NEW SECTION. 162.3B Operation of an animal
21sanctuary — license.
221. An animal sanctuary shall only operate pursuant to a
23license issued or renewed by the department as provided in
24section 162.2A. The animal sanctuary shall maintain records
25as required by section 162.10 in order for the department to
26ensure the animal sanctuary’s compliance with the provisions of
27this chapter.
282. An animal sanctuary shall not buy, sell, trade,
29auction, lease, loan, or breed any dog or cat that is owned or
30controlled by the animal sanctuary.
313. An animal sanctuary shall maintain a dog or cat received
32by the animal sanctuary in its care until the dog or cat dies
33by natural causes, is euthanized, or is transferred to another
34animal sanctuary, an animal rescue, an animal shelter, or a
35pound.
-10-1 Sec. 9. NEW SECTION. 162.6A Grooming facility — license.
21. A grooming facility shall only operate pursuant to a
3license issued or renewed by the department as provided in
4section 162.2A. The grooming facility shall maintain records
5as required by section 162.10 in order for the department to
6ensure the grooming facility’s compliance with the provisions
7of this chapter.
82. A grooming facility shall not be in the business of
9buying and selling vertebrate animals.
10 Sec. 10. Section 162.8, Code 2019, is amended to read as
11follows:
12162.8 Operation of a commercial breeder — state license or
13permit.
141. A commercial breeder shall only operate pursuant to a
15state license, or a permit, issued or renewed by the department
16as provided in section 162.2A. A commercial breeder who is
17a state licensee shall maintain records as required by the
18department in section 162.10 in order for the department to
19ensure the commercial breeder’s compliance with the provisions
20of this chapter. A commercial breeder who is a permittee may
21but is not required to maintain records.
222. A commercial breeder shall not purchase a dog or cat
23from a commercial establishment that does not have a valid
24authorization license issued or renewed under this chapter or
25a similar authorization license issued or renewed by another
26state.
273. A commercial breeder shall not operate an animal shelter
28or maintain a controlling interest in an animal shelter.
29 Sec. 11. NEW SECTION. 162.9 Operation of a small breeder,
30competitive show breeder, or specialized breeder — license.
311. A person who is a small breeder, competitive show
32breeder, or specialized breeder shall only operate pursuant to
33a license issued or renewed by the department as provided in
34section 162.2A.
352. A person shall not be eligible for the issuance,
-11-1maintenance, or renewal of a license under this section if
2the person holds a public auction license pursuant to section
3162.9A.
4 Sec. 12. NEW SECTION. 162.10 Records.
51. A commercial establishment shall maintain all records
6required in this chapter. The department shall adopt rules
7regarding the types of records required to be kept and the
8format for keeping such records.
92. A commercial establishment shall maintain all records
10necessary for the department to assess a fee imposed for the
11issuance or renewal of a license pursuant to section 162.2A.
123. A commercial establishment shall maintain inspection
13reports as required in section 162.10B.
14 Sec. 13. Section 162.10B, Code 2019, is amended to read as
15follows:
16162.10B Commercial establishments — inspecting state
17licensees and registrants Inspections — general requirements.
181. As a condition of issuing or renewing a license, the
19premises of an applicant shall be open for inspection during
20normal business hours.
212. The department shall conduct an inspection of a
22commercial establishment at least annually.The department may
23 shall inspect the commercial establishment of a registrant or
24state licensee by entering onto its business premises at any
25time during normal working business hours. The department may
26 shall inspect records required to be maintained by the state
27licensee or registrant commercial establishment as provided
28in this chapter section 162.10. If the owner or person in
29charge of the commercial establishment refuses admittance, the
30department may obtain an administrative search warrant issued
31under section 808.14. The department shall report a potential
32violation of chapter 717B to the local authority that has
33jurisdiction over the matter.
343. a. A commercial breeder offering to sell a dog to
35a person shall provide that person with the most recent
-12-1inspection report completed by all of the following:
2(1) The department of agriculture and land stewardship. The
3report shall include the recorded number of adult dogs on hand.
4(2) The United States department of agriculture, if the
5commercial breeder is licensed under the Animal Welfare Act.
6b. The inspection report must be signed by the dog’s
7purchaser prior to finalizing the sale.
8c. A copy of each applicable signed inspection report shall
9be maintained for twelve months by the commercial breeder as
10part of the commercial breeder’s records as provided in section
11162.10 and a copy of the signed inspection report completed by
12the department of agriculture and land stewardship shall be
13filed with the department.
14 Sec. 14. Section 162.10C, Code 2019, is amended by striking
15the section and inserting in lieu thereof the following:
16162.10C Inspections — restricted requirements.
171. Notwithstanding section 162.10B, a person who holds
18a grooming facility license as provided in section 162.6A is
19subject to restricted inspection requirements. The department
20shall conduct the annual inspection of a licensed grooming
21facility at a scheduled time agreed to by the person and
22the department. However, the department is not required to
23schedule an inspection if any of the following applies:
24a. The person is obstructing the scheduled inspection.
25b. One or more dogs or cats kept by the person are in
26immediate need of care.
272. Notwithstanding section 162.10B, a person who holds a
28small breeder, competitive show breeder, or specialized breeder
29license as provided in section 162.9 is subject to restricted
30inspection requirements as follows:
31a. The person is exempt from the inspection requirements
32of section 162.10B for the period of the license if the person
33submits evidence to the department that each dog kept by the
34person complies with all of the following:
35(1) Has been examined by a licensed veterinarian within
-13-1the twelve months prior to the person’s application for the
2issuance or renewal of the license.
3(2) Received all vaccinations as prescribed by the
4department based on recommendations of the American veterinary
5medical association or American animal hospital association.
6b. If the person does not comply with paragraph “a”, the
7department shall conduct the annual inspection at a scheduled
8time agreed to by the person and the department. However, the
9department is not required to schedule an inspection if any of
10the following applies:
11(1) The person is obstructing the scheduled inspection.
12(2) One or more dogs kept by the person are in immediate
13need of care.
14 Sec. 15. Section 162.10D, subsections 1 and 2, Code 2019,
15are amended to read as follows:
161. The department may take disciplinary action against a
17person by suspending or revoking the person’s authorization
18 license for violating a violation of a provision of this
19chapter or chapter 717B, or who commits for the commission of
20 an unlawful practice under section 714.16. The department may
21take primary and secondary disciplinary action as follows:
22a. Primary disciplinary action may be taken against a person
23who operates the commercial establishment where the violation
24occurred.
25b. Secondary disciplinary action may be taken against a
26person who operates another class of commercial establishment
27under a separate license pursuant to section 162.2A if such
28person is the same as the person who is subject to primary
29disciplinary action under paragraph “a”.
302. The department may require an owner, operator, or
31employee of a commercial establishment subject to disciplinary
32action under subsection 1 to complete a continuing education
33program as a condition for retaining an authorization
34 a license. This section does not prevent a person from
35voluntarily participating in a continuing education program.
-14- 1However, a continuing education program completed voluntarily
2prior to the imposition of the department’s disciplinary action
3shall not be part of such disciplinary action.
4 Sec. 16. Section 162.11, subsection 1, Code 2019, is amended
5by striking the subsection and inserting in lieu thereof the
6following:
71. This chapter does not apply to the operation of a
8veterinary facility, including any activity that would
9otherwise classify the veterinary facility as a commercial
10establishment so long as the activity is incidental to the
11practice of veterinary medicine. If the operations are
12conducted at an establishment in which the operations of the
13veterinary facility are segregated, this chapter shall apply
14only to that part of the establishment that does not operate as
15a veterinary facility.
16 Sec. 17. Section 162.11, subsection 2, Code 2019, is amended
17by striking the subsection.
18 Sec. 18. Section 162.11, subsection 3, Code 2019, is amended
19to read as follows:
203. This chapter does not apply to a noncommercial kennel
21at, in, or adjoining a private residence where dogs or cats
22are kept for the hobby of the householder, if the dogs or cats
23are used for hunting, for practice training, for exhibition
24at shows or field or obedience trials, or for guarding or
25protecting the householder’s property. However, the dogs
26or cats must not be kept for breeding if a person receives
27consideration for providing the breeding.
28 Sec. 19. Section 162.11, Code 2019, is amended by adding the
29following new subsection:
30 NEW SUBSECTION. 4. This chapter does not apply to a person
31who owns, keeps, breeds, or transports a greyhound dog for use
32at a dog racetrack facility regulated by the racing and gaming
33commission under chapter 99D.
34 Sec. 20. NEW SECTION. 162.13A Criminal actions.
35The attorney general or a county attorney may bring criminal
-15-1action in order to enforce the provisions of this chapter.
2 Sec. 21. NEW SECTION. 162.13B Injunctive relief.
3A court of this state may prevent or restrain a violation
4of this chapter through the issuance of an injunction. The
5attorney general or a county attorney shall institute a suit on
6behalf of the state to prevent or restrain a violation of this
7chapter.
8 Sec. 22. Section 162.20, subsection 4, paragraph c, Code
92019, is amended to read as follows:
10c. A pound or animal shelter which knowingly fails to
11provide for the sterilization of a dog or cat is subject to a
12civil penalty of up to two hundred dollars. The department
13may enforce and collect civil penalties according to rules
14which shall be adopted by the department. Each violation shall
15constitute a separate offense. Moneys Notwithstanding section
16162.11, subsection 4, moneys collected from civil penalties
17shall be deposited into the general fund of the state and
18are appropriated on July 1 of each year in equal amounts to
19each track licensed to race dogs to support the racing dog
20adoption program as provided in section 99D.27. Upon the third
21offense, the department may suspend or revoke a certificate
22of registration license issued to the pound or animal shelter
23pursuant to this chapter section 162.2A. The department may
24bring an action in district court to enjoin a pound or animal
25shelter from transferring animals in violation of this section.
26In bringing the action, the department shall not be required
27to allege facts necessary to show, or tending to show, a lack
28of adequate remedy at law, that irreparable damage or loss
29will result if the action is brought at law, or that unique or
30special circumstances exist.
31 Sec. 23. Section 162.20, subsection 5, paragraphs b and c,
32Code 2019, are amended to read as follows:
33b. The transfer of a dog or cat by a pound or animal
34shelter which has obtained an enforcement waiver issued
35by the department. The pound or shelter may apply for an
-16-1annual waiver each year as provided by rules adopted by
2the department. The department shall grant a waiver, if it
3determines that the pound or animal shelter is subject to
4an ordinance by a city or county which includes stricter
5requirements than provided in this section. The department
6shall not charge more than ten dollars as a waiver application
7fee. The fees collected by the department shall be deposited
8in the general fund of the state animal rescue remediation fund
9created in section 717B.13.
10c. The transfer of a dog or cat to a research facility as
11defined in section 162.2 or a person licensed by the United
12States department of agriculture as a class B dealer pursuant
13to 9 C.F.R. ch.1, subch.A, pt.2. However, a class B dealer
14who receives an unsterilized dog or cat from a pound or animal
15shelter shall either sterilize the dog or cat or transfer the
16unsterilized dog or cat to a research facility provided in this
17paragraph. The class B dealer shall not transfer a dog to a
18research facility if the dog is a greyhound registered with the
19national greyhound association and the dog raced at a track
20associated with pari-mutuel racing unless the class B dealer
21receives written approval of the transfer from a person who
22owned an interest in the dog while the dog was racing.
23 Sec. 24. NEW SECTION. 162.21 Sterilization — animal
24sanctuaries.
251. An animal sanctuary receiving a dog or cat shall provide
26for the sterilization of the dog or cat using the veterinary
27procedures prescribed in section 162.20.
282. An animal sanctuary shall provide for the sterilization
29within ten days from the date that the animal sanctuary
30receives the dog or cat, unless any of the following apply:
31a. The department imposes a stricter requirement by rule.
32b. A licensed veterinarian grants an extension of the
33period required for the completion of the sterilization, if the
34extension is based on the health of the dog or cat.
353. a. An animal sanctuary that knowingly fails to provide
-17-1for the sterilization of a dog or cat is subject to a civil
2penalty of up to two hundred dollars.
3b. The department may enforce and collect civil penalties
4according to rules which shall be adopted by the department.
5Each violation shall constitute a separate violation. Moneys
6collected from civil penalties shall be credited to the animal
7rescue remediation fund created in section 717B.13.
84. Upon the third violation of this section, the department
9may suspend or revoke the license issued to the animal
10sanctuary pursuant to section 162.2A.
115. The department may bring an action in district court
12to enjoin an animal sanctuary from transferring animals in
13violation of this section in the same manner as provided in
14section 162.20.
156. This section shall not apply to the return of a dog or
16cat to its owner by an animal sanctuary, except as provided by
17rules adopted by the department.
18 Sec. 25. Section 717B.1, Code 2019, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 3A. “Commercial establishment” means the
21same as defined in section 162.2.
22 Sec. 26. Section 717B.4, subsection 3, paragraph a, Code
232019, is amended to read as follows:
24a. The court may order the responsible party to pay an
25amount which shall not be more than the dispositional expenses
26incurred by the local authority. The court may also award
27the local authority court costs, reasonable attorney fees and
28expenses related to the investigation and prosecution of the
29case, which shall be taxed as part of the costs of the action.
30The amount shall be paid to the animal rescue remediation fund
31created in section 717B.13 to the extent that moneys from the
32fund were expended to pay for dispositional expenses.
33 Sec. 27. Section 717B.5, Code 2017, is amended by adding the
34following new subsection:
35 NEW SUBSECTION. 3A. The local authority may apply to the
-18-1department for reimbursement of expenses incurred by the local
2authority in providing for the maintenance of the animal.
3 Sec. 28. NEW SECTION. 717B.13 Animal rescue remediation
4fund.
51. An animal rescue remediation fund is created as a
6separate fund in the state treasury under the control of the
7department of agriculture and land stewardship. The general
8fund of the state is not liable for claims presented against
9the fund.
102. The fund consists of moneys appropriated to the fund,
11moneys transferred from the commercial establishment fund as
12provided in section 162.2C, moneys credited to the fund as
13provided in sections 162.20 and 162.21, sums collected on
14behalf of the fund through legal action or settlement, and
15moneys contributed to the fund from other sources.
163. The moneys in the fund are appropriated to the department
17to reimburse a local authority for expenses incurred for the
18rescuing of an animal from a commercial establishment as
19provided in section 717B.5, for the maintenance of an animal
20as provided in section 717B.5, and for the disposition of an
21animal as provided in section 717B.4.
224. The department shall utilize moneys from the fund only to
23the extent that the department determines that expenses cannot
24be timely paid by utilizing the available provisions of section
25717B.4.
265. The department shall provide payment to a local authority
27upon a claim submitted by the local authority to the department
28according to procedures required by the department. Upon
29a determination that the claim is eligible for payment,
30the department shall reimburse the local authority for that
31amount. However, if the department determines that only
32a portion of the claim is eligible, the department shall
33only pay the eligible portion. If the department determines
34that insufficient moneys are available to make payment of
35all claims, the department may defer paying all or part of
-19-1specified claims. The department shall hold deferred claims
2for payment when the department determines that the fund again
3contains sufficient moneys.
46. Moneys in the fund shall not be subject to appropriation
5or expenditure for any other purpose than provided in this
6section and section 162.2C.
77. Notwithstanding section 12C.7, interest earned on
8amounts deposited in the fund shall be credited to the fund.
9Notwithstanding section 8.33, any unexpended or unencumbered
10moneys remaining in the fund at the end of the fiscal year
11shall not revert to the general fund of the state, but the
12moneys shall remain available for expenditure by the authority
13in succeeding fiscal years.
14 Sec. 29. CURRENT AUTHORIZATIONS.
151. A current valid certificate of registration issued or
16renewed by the department of agriculture and land stewardship
17to an animal shelter, pound, or research facility under section
18162.2A prior to the effective date of this Act shall remain
19valid until it expires according to its terms when issued or
20renewed.
212. A current valid state license issued or renewed by the
22department of agriculture and land stewardship to a commercial
23kennel that operates as a grooming facility as defined in
24section 162.2, as amended in this Act, shall remain valid until
25it expires according to the terms when issued or renewed.
26DIVISION II
27COORDINATING PROVISIONS
28 Sec. 30. Section 162.3, Code 2019, is amended to read as
29follows:
30162.3 Operation of a pound — certificate of registration
31 license.
32A pound shall only operate pursuant to a certificate of
33registration license issued or renewed by the department as
34provided in section 162.2A. A pound may sell dogs or cats
35under its control if sales are allowed by the department. The
-20-1pound shall maintain records as required by the department
2 in section 162.10 in order for the department to ensure the
3pound’s compliance with the provisions of this chapter.
4 Sec. 31. Section 162.4, Code 2019, is amended to read as
5follows:
6162.4 Operation of an animal shelter — certificate of
7registration license.
8An animal shelter shall only operate pursuant to a
9certificate of registration license issued or renewed by the
10department as provided in section 162.2A. An animal shelter
11may sell dogs or cats if sales are allowed by the department.
12The animal shelter facility shall maintain records as required
13by the department in section 162.10 in order for the department
14to ensure the animal shelter’s compliance with the provisions
15of this chapter.
16 Sec. 32. Section 162.4A, Code 2019, is amended to read as
17follows:
18162.4A Operation of a research facility — certificate of
19registration license.
201. A research facility shall only operate pursuant to
21a certificate of registration license issued or renewed by
22the department as provided in section 162.2A. The research
23facility shall maintain records as required by the department
24 in section 162.10 in order for the department to ensure the
25research facility’s compliance with the provisions of this
26chapter.
272. A research facility shall not purchase a dog or cat
28from a commercial establishment that does not have a valid
29authorization license issued or renewed under this chapter or
30a similar authorization license issued or renewed by another
31state.
32 Sec. 33. Section 162.5, Code 2019, is amended to read as
33follows:
34162.5 Operation of a pet shop — state license.
351. A pet shop shall only operate pursuant to a state
-21-1 license issued or renewed by the department pursuant to section
2162.2A. The pet shop shall maintain records as required by the
3department section 162.10 in order for the department to ensure
4the pet shop’s compliance with the provisions of this chapter.
52. A pet shop shall not purchase a dog or cat from
6a commercial establishment that does not have a valid
7authorization license issued or renewed under this chapter or
8a similar authorization license issued or renewed by another
9state.
10 Sec. 34. Section 162.5A, Code 2019, is amended to read as
11follows:
12162.5A Operation of a boarding kennel— state license.
13A boarding kennel shall only operate pursuant to a state
14 license issued or renewed by the department as provided in
15section 162.2A. The boarding kennel shall maintain records as
16required by the department section 162.10 in order for the
17department to ensure the boarding kennel’s compliance with
18the provisions of this chapter. A boarding kennel shall not
19purchase a dog or cat from a commercial establishment that
20does not have a valid authorization license issued or renewed
21under this chapter or a similar authorization license issued or
22renewed by another state.
23 Sec. 35. Section 162.6, Code 2019, is amended to read as
24follows:
25162.6 Operation of a commercial kennel — state license.
26A commercial kennel shall only operate pursuant to a state
27 license issued or renewed by the department as provided in
28section 162.2A. A commercial kennel shall maintain records
29as required by the department section 162.10 in order for the
30department to ensure the commercial kennel’s compliance with
31the provisions of this chapter. A commercial kennel shall not
32purchase a dog or cat from a commercial establishment that
33does not have a valid authorization license issued or renewed
34under this chapter or a similar authorization license issued or
35renewed by another state.
-22-1 Sec. 36. Section 162.7, Code 2019, is amended to read as
2follows:
3162.7 Operation of a dealer — state license or permit.
4A dealer shall only operate pursuant to a state license,
5or a permit, issued or renewed by the department as provided
6in section 162.2A. A dealer who is a state licensee shall
7maintain records as required by the department section 162.10
8 in order for the department to ensure compliance with the
9provisions of this chapter. A dealer who is a permittee may
10but is not required to maintain records. A dealer shall not
11purchase a dog or cat from a commercial establishment that
12does not have a valid authorization license issued or renewed
13under this chapter or a similar authorization license issued or
14renewed by another state.
15 Sec. 37. Section 162.9A, Code 2019, is amended to read as
16follows:
17162.9A Operation of a public auction— state license or
18permit.
191. A public auction shall only operate pursuant to a state
20 license, or a permit, issued or renewed by the department as
21provided in section 162.2A. A public auction which is a state
22licensee shall maintain records as required by the department
23 section 162.10 in order for the department to ensure the public
24auction’s compliance with the provisions of this chapter. A
25public auction which is a permittee may but is not required to
26maintain records. A public auction shall not purchase a dog or
27cat from a commercial establishment that does not have a valid
28authorization license issued or renewed under this chapter or
29a similar authorization license issued or renewed by another
30state.
312. A person shall not be eligible for the issuance,
32maintenance, or renewal of a license under this section if the
33person holds a small breeder, competitive show breeder, or
34specialized breeder license under section 162.9.
35 Sec. 38. Section 162.10A, subsection 2, Code 2019, is
-23-1amended by striking the subsection.
2 Sec. 39. Section 162.12, Code 2019, is amended to read as
3follows:
4162.12 Denial of application or revocation of license or
5registration.
6A certificate of registration An application for a license
7 may be denied to any animal shelter, pound, or research
8facility and a state license may be denied to any public
9auction, boarding kennel, commercial kennel, pet shop,
10commercial breeder, or dealer, or an existing certificate of
11registration or state license may be revoked by the secretary
12if, after public hearing, it is determined that the housing
13facilities or primary enclosures of a commercial establishment
14 are inadequate under this chapter or if the feeding, watering,
15cleaning, and housing practices at the animal rescue, animal
16sanctuary, pound, animal shelter, public auction, pet shop,
17boarding kennel, commercial kennel, grooming facility, or
18 research facility, or those practices by the commercial
19breeder, or dealer, or small breeder, competitive show breeder,
20or specialized breeder are not in compliance with this chapter
21or with the rules adopted pursuant to this chapter. The
22premises of each registrant or state licensee shall be open for
23inspection during normal business hours.
24 Sec. 40. Section 162.12A, subsection 1, paragraph a, Code
252019, is amended to read as follows:
26a. A commercial establishment that operates pursuant to an
27authorization a license issued or renewed under this chapter
28is subject to a civil penalty of not more than five hundred
29dollars, regardless of the number of animals possessed or
30controlled by the commercial establishment, for violating this
31chapter. Except as provided in paragraph “b”, each day that a
32violation continues shall be deemed a separate offense.
33 Sec. 41. Section 162.12A, subsection 2, Code 2019, is
34amended to read as follows:
352. A commercial establishment that does not operate
-24-1pursuant to an authorization a license issued or renewed under
2this chapter is subject to a civil penalty of not more than one
3thousand dollars, regardless of the number of animals possessed
4or controlled by the commercial establishment, for violating
5this chapter. Each day that a violation continues shall be
6deemed a separate offense.
7 Sec. 42. Section 162.13, subsections 1 and 3, Code 2019, are
8amended to read as follows:
91. A person who operates a commercial establishment without
10an authorization a license issued or renewed by the department
11as required in section 162.2A is guilty of a simple misdemeanor
12and each day of operation is a separate offense.
133. The failure of a person who owns or operates a commercial
14establishment to meet the requirements of this section is
15also cause for the suspension or revocation of the person’s
16authorization license as provided in section 162.10D.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20CURRENT LAW. Code chapter 162 provides for the regulation
21of commercial establishments that possess or control animals,
22other than animals used for an agricultural purpose (Code
23section 162.1), by the department of agriculture and land
24stewardship (DALS). Commercial establishments include animal
25shelters, pounds, and research facilities which are required
26to obtain a certificate of registration; boarding kennels,
27commercial kennels, and pet shops which are required to
28obtain a state license; and commercial breeders, dealers, and
29public auctions which are required to obtain a state license
30or a permit if licensed by the United States department of
31agriculture (USDA) (Code section 162.2A).
32BILL’S PROVISIONS. This bill refers to each type of
33commercial establishment as a class and requires that a person
34operating one or more commercial establishments of the same
35class obtain a single license. The bill also creates four new
-25-1types of licenses for: (1) grooming facilities, (2) animal
2rescues, (3) animal sanctuaries, and (4) small breeders,
3competitive show breeders, or specialized breeders. The bill
4also recognizes animal foster care homes that temporarily
5maintain dogs or cats on behalf of animal rescues, animal
6shelters, and pounds. The bill replaces the current fee system
7with one that includes the assessment of a base amount and
8the possible assessment of a scheduled amount based on class.
9The moneys from fees are still deposited into the commercial
10establishment fund. However, an amount is to be transferred
11to a new animal rescue remediation fund also under the control
12of DALS. The bill requires DALS to perform inspections and
13licensees to maintain records. The bill provides that DALS may
14take disciplinary action by suspending or revoking the person’s
15license. It provides that any continuing education program
16voluntarily completed by a person operating a commercial
17establishment prior to a disciplinary action is not considered
18part of such action. The bill provides for the sterilization
19of dogs or cats that are in the custody of an animal sanctuary.
20Greyhound dogs used in pari-mutuel wagering are exempted from
21regulation. Finally, the bill provides that the attorney
22general or a county attorney may bring a criminal action in
23order to enforce the provisions of the Code chapter and allows
24a court to provide injunctive relief.
-26-da/rn
2commercial establishments, keeping nonagricultural animals,
3providing for fees and appropriations, and making penalties
4applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2REGULATION, FEES, AND APPROPRIATIONS
3 Section 1. Section 162.2, subsections 6, 14, 15, 17, 23, and
426, Code 2019, are amended by striking the subsections.
5 Sec. 2. Section 162.2, subsections 3, 8, 9, 10, and 27, Code
62019, are amended to read as follows:
73. “Animal shelter” means a facility which is housing
8facility used to receive, house or contain dogs or cats, or
9both, or transfer vertebrate animals and which is owned,
10operated, or maintained by an incorporated humane society,
11animal welfare society, society for the prevention of cruelty
12to animals, or other nonprofit organization devoted to the
13welfare, protection, and humane treatment of such animals.
148. a. “Commercial breeder” means a person, engaged in the
15business of breeding dogs or cats, who sells, exchanges, or
16leases dogs or cats in return for consideration, or who offers
17to do so, whether or not the animals dogs or cats are raised,
18trained, groomed, or boarded by the person.
19b. Notwithstanding paragraph “a”, “commercial breeder” does
20not mean any of the following:
21(1) A person who is a small breeder, competitive show
22breeder, or specialized breeder.
23(2) A person who owns or harbors keeps three or fewer
24breeding males or females is not a commercial breeder male or
25female dogs or cats. However, a person who breeds any number
26of breeding male or female greyhounds for the purposes of
27using them for pari-mutuel wagering at a racetrack as provided
28in chapter 99D shall be considered a commercial breeder
29irrespective of whether the person sells, leases, or exchanges
30the greyhounds for consideration or offers to do so.
319. “Commercial establishment” or “establishment” means an any
32of the following:
33a. An animal rescue.
34b. An animal sanctuary.
35c. Ananimal shelter,.
-1- 1d. Aboarding kennel,.
2e. Acommercial breeder,.
3f. Acommercial kennel,.
4g. Adealer,.
5h. A grooming facility.
6i. Apet shop,.
7j. Apound,.
8k. Apublic auction, or.
9l. Aresearch facility.
10m. A small breeder, competitive show breeder, or specialized
11breeder.
1210. a. “Commercial kennel” means a kennel which performs
13grooming, a facility where boarding, or training services are
14provided for dogs or cats in return for a consideration.
15b. “Commercial kennel” does not mean a facility in which a
16dog or cat remains in the custody of the owner of the dog or
17cat.
1827. “Vertebrate animal” or “animal” means those vertebrate
19animals other than members of the equine, bovine, ovine, and
20porcine species, and ostriches, rheas, or emus.
21 Sec. 3. Section 162.2, Code 2019, is amended by adding the
22following new subsections:
23 NEW SUBSECTION. 2A. “Animal rescue” means a person who
24during a state fiscal year receives more than six adult dogs
25or cats, or more than three litters of dogs or cats, and who
26retains custody of the dogs or cats on a temporary basis until
27doing any of the following:
28a. Transferring the dogs or cats to an animal shelter,
29pound, or another animal rescue.
30b. Relinquishing custody of the dogs or cats by adoption to
31members of the public.
32 NEW SUBSECTION. 2B. “Animal sanctuary” means a person who
33during a state fiscal year owns or leases and controls housing
34facilities where at least six adult dogs or cats have been
35received from one or more persons, if all of the following
-2-1apply:
2a. When received, each dog or cat was any of the following:
3(1) Abandoned, orphaned, or unwanted, or transferred by a
4pound or animal shelter.
5(2) In an impaired condition due to disease, injury, or
6birth defect, or a threatened animal as defined in section
7717B.1.
8b. Each dog or cat is maintained by the person on a
9permanent basis, until the death of the dog or cat, or the
10person transfers the dog or cat to any of the following:
11(1) An animal rescue.
12(2) Another animal sanctuary.
13(3) An animal shelter.
14(4) A pound.
15 NEW SUBSECTION. 15A. “Foster care home” means a private
16residence that provides a vertebrate animal with temporary
17maintenance, including shelter and care, if the animal has
18been accepted by a person licensed as an animal rescue,
19animal shelter, or pound and that person is authorized by the
20department to oversee the operations of the private residence.
21 NEW SUBSECTION. 15B. a. “Grooming facility” means a
22business, including a salon, that as the principal part
23of its operation, provides grooming services in return for
24consideration.
25b. “Grooming facility” does not mean a business that does
26any of the following:
27(1) Only provides grooming services at the residence of the
28owner of the dog or cat.
29(2) Only provides grooming services at a mobile business
30operating at different locations.
31(3) Operates as part of a commercial kennel that provides
32grooming services as an incidental part of its operation.
33(4) Operates as part of a veterinary facility that provides
34grooming services as an incidental part of its operation.
35(5) Keeps the dog or cat for less than twenty-four hours
-3-1during any one period.
2 NEW SUBSECTION. 15C. “Grooming services” means providing
3a dog or cat with hygienic care or treatment to improve
4appearance, which may include but is not limited to bathing;
5the removal of dead hair or skin; hair clipping, shaving, or
6brushing; nail trimming; or providing flea or tick control.
7 NEW SUBSECTION. 16A. “License” means an authorization to
8operate a commercial establishment as provided in this chapter
9regardless of whether the authorization is also referred to as
10a permit or certificate of registration.
11 NEW SUBSECTION. 16B. “Licensee” means a commercial
12establishment that operates pursuant to a license issued and
13renewed by the department pursuant to section 162.2A.
14 NEW SUBSECTION. 16C. “Local authority” means the same as
15defined in section 717B.1.
16 NEW SUBSECTION. 20A. “Practice of veterinary medicine”
17means the same as defined in section 169.3.
18 NEW SUBSECTION. 24A. a. “Small breeder, competitive show
19breeder, or specialized breeder” means a person who owns or
20keeps dogs, if the person does all of the following:
21(1) Breeds the dogs.
22(2) Sells, exchanges, or leases the dogs in return for
23consideration, or offers to sell, exchange, or lease the dogs
24in return for consideration.
25(3) Keeps in any state fiscal year a total of not more than
26three litters of puppies.
27b. “Small breeder, competitive show breeder, or specialized
28breeder” does not mean a person who owns or keeps three or fewer
29breeding male or female dogs.
30c. “Small breeder, competitive show breeder, or specialized
31breeder” does not mean a commercial breeder.
32 NEW SUBSECTION. 28. “Veterinary facility” means a business
33where one or more licensed veterinarians are engaged in the
34practice of veterinary medicine. The business may also provide
35grooming services as an incidental part of its operation.
-4-1 Sec. 4. Section 162.2A, Code 2019, is amended to read as
2follows:
3162.2A Application, issuance, and renewal of authorizations.
41. The department shall provide for the operation of
5 issuance or renewal of a license to operate a commercial
6establishment by issuing or renewing an authorization,
7including any of the following:. A person who owns a
8commercial establishment shall be deemed to operate that
9commercial establishment.
10a. A certificate of registration for a pound, animal
11shelter, or research facility.
12b. A state license for a boarding kennel, commercial kennel,
13or pet shop.
14c. A state license or permit for a commercial breeder,
15dealer, or public auction. A federal licensee must apply for
16and be issued either a permit or a state license in lieu of a
17permit.
182. a. A person must hold a current, valid license in order
19to operate a commercial establishment.
20b. A person must be issued a separate state hold a single
21 license, certificate of registration, or permit for each class
22of commercial establishment owned or operated by the person,
23regardless of how many locations for that class are operated
24by the person. Each of the following is a separate class of
25commercial establishment:
26(1) An animal rescue.
27(2) An animal sanctuary.
28(3) An animal shelter.
29(4) A boarding kennel.
30(5) A commercial breeder.
31(6) A commercial kennel.
32(7) A grooming facility.
33(8) A dealer.
34(9) A pet shop.
35(10) A pound.
-5- 1(11) A public auction.
2(12) A research facility.
3(13) A small breeder, competitive show breeder, or
4specialized breeder.
53. A person must apply for the issuance or renewal of an
6authorization a license on forms and according to procedures
7required by rules adopted by the department. The application
8shall contain information required by the department, including
9but not limited to all of the following:
10a. The person’s name.
11b. The person’s principal office or place of business.
12c. The name, address, and type of establishment covered by
13the authorization license.
14d. The person’s identification number. Notwithstanding
15chapter 22, the department shall keep the person’s tax
16identification number confidential except for purposes of tax
17administration by the department of revenue, including as
18provided in section 421.18.
194. The authorization A license expires on an annual basis
20as provided by the department, and must be renewed by the
21commercial establishment on an annual basis on or before the
22authorization’s license’s expiration date.
235. a. A commercial establishment applying for the issuance
24or renewal of a permit shall provide the department with proof
25that the person is a federal licensee.
26b. The department shall not require that it must enter onto
27the premises of a commercial establishment in order to issue a
28permit. The department shall not require that it must enter
29onto the premises of a commercial establishment in order to
30renew a permit, unless it has reasonable cause to monitor the
31commercial establishment as provided in section 162.10C. The
32department may deny an application for the issuance or renewal
33of a license if the department determines that the applicant is
34in violation of this chapter or has not demonstrated that the
35applicant will comply with the provisions of this chapter.
-6-1 Sec. 5. Section 162.2B, Code 2019, is amended by striking
2the section and inserting in lieu thereof the following:
3162.2B Fees.
41. The department shall establish, assess, and collect
5fees for issuing or renewing a license as provided in section
6162.2A. The fees assessed under this section shall include a
7base amount plus any applicable scheduled amount.
82. For a commercial establishment that is an animal rescue,
9animal sanctuary, animal shelter, pound, or research facility,
10all of the following shall apply:
11a. The base amount equals seventy-five dollars. A single
12base amount shall be assessed for all locations operated by the
13commercial establishment.
14b. A scheduled amount shall not be assessed.
153. For a commercial establishment that is a dealer or
16grooming facility, all of the following shall apply:
17a. The base amount equals one hundred dollars. A single
18base amount shall be assessed for all locations operated by the
19commercial establishment.
20b. A scheduled amount shall not be assessed.
214. For a commercial establishment that is a boarding kennel,
22commercial kennel, or public auction, all of the following
23shall apply:
24a. The base amount equals one hundred seventy-five dollars.
25A single base amount shall be assessed for all locations
26operated by the commercial establishment.
27b. A scheduled amount shall not be assessed.
285. For a commercial establishment that is a pet shop, all
29of the following shall apply:
30a. The base amount equals one hundred seventy-five dollars.
31A base amount shall be assessed for each location operated by
32the pet shop.
33b. (1) The scheduled amount shall be determined based on
34the number of dogs and cats kept by the pet shop as follows:
35(a) For at least one dog or cat but not more than twenty
-7-1dogs and cats, one hundred dollars.
2(b) For more than twenty dogs and cats but not more than
3forty dogs and cats, two hundred fifty dollars.
4(c) For more than forty dogs and cats, five hundred dollars.
5(2) For purposes of determining the scheduled amount under
6this paragraph “b”, a dog or cat must be recorded as on hand for
7sale to the general public during the most recent inspection
8of the pet shop by the department. The scheduled amount shall
9be assessed for the total number of dogs or cats kept at all
10locations operated by the pet shop.
116. For a commercial establishment that is a commercial
12breeder, all of the following shall apply:
13a. The base amount equals one hundred seventy-five dollars.
14A base amount shall be assessed for each location operated by
15the commercial breeder.
16b. (1) The scheduled amount shall be determined based on
17the number of dogs and cats kept by the commercial breeder as
18follows:
19(a) For not more than fifty dogs and cats, seventy-five
20dollars.
21(b) For more than fifty dogs and cats but not more than
22seventy-five dogs and cats, two hundred fifty dollars.
23(c) For more than seventy-five dogs and cats but not more
24than one hundred dogs and cats, eight hundred dollars.
25(d) For more than one hundred dogs and cats but not more
26than two hundred fifty dogs and cats, two thousand five hundred
27dollars.
28(e) For more than two hundred fifty dogs and cats but not
29more than four hundred dogs and cats, five thousand dollars.
30(f) For more than four hundred dogs and cats, seven thousand
31five hundred dollars.
32(2) For purposes of determining the scheduled amount under
33this paragraph “b”, a dog or cat must be recorded as an adult
34on hand for breeding during the most recent inspection of the
35commercial breeder by the department of agriculture and land
-8-1stewardship or the United States department of agriculture.
2The scheduled amount shall be assessed for the total number of
3dogs or cats kept at all locations operated by the commercial
4breeder.
57. For a commercial establishment that is a small breeder,
6competitive show breeder, or specialized breeder, all of the
7following shall apply:
8a. The base amount equals seventy-five dollars. A single
9base amount shall be assessed for all locations operated by
10the small breeder, competitive show breeder, or specialized
11breeder.
12b. A scheduled amount shall not be assessed.
138. The moneys collected by the department under this section
14shall be credited to the commercial establishment fund created
15in section 162.2C.
169. The fees provided in this section shall be considered
17repayment receipts as defined in section 8.2. The general
18assembly shall appropriate moneys to the department each state
19fiscal year necessary for the administration and enforcement of
20this chapter.
21 Sec. 6. Section 162.2C, subsection 3, Code 2019, is amended
22to read as follows:
233. Moneys in the fund are appropriated to the department and
24 without further special authorization by the general assembly.
25The moneys shall be used exclusively by the department to carry
26out do all of the following:
27a. Administer and enforce theprovisions of this chapter
28as determined and directed by the department, and shall not
29require further special authorization by the general assembly.
30b. Fully fund the animal rescue remediation fund as provided
31in section 717B.13. For each state fiscal year, the department
32shall transfer at least twenty thousand dollars from moneys
33in the commercial establishment fund to the animal rescue
34remediation fund created in section 717B.13. However, if
35on March 1 the unobligated and unencumbered balance in the
-9-1animal rescue remediation fund equals more than sixty thousand
2dollars, the department shall suspend the transfer for the
3subsequent state fiscal year. If on March 1 of a state fiscal
4year for which the transfer is suspended, the unobligated and
5unencumbered balance in the animal rescue remediation fund is
6less than forty thousand dollars, the department shall resume
7the transfer for the subsequent state fiscal year.
8 Sec. 7. NEW SECTION. 162.3A Operation of an animal rescue
9— license.
101. An animal rescue shall only operate pursuant to a license
11issued or renewed by the department as provided in section
12162.2A. The animal rescue shall maintain records as required
13by section 162.10 in order for the department to ensure the
14animal rescue’s compliance with the provisions of this chapter.
152. An animal rescue shall not maintain a dog or cat received
16by the animal rescue in housing facilities owned or controlled
17by the animal rescue. However, the animal rescue may arrange
18to utilize an animal shelter, pound, or foster care home in
19order to maintain the dog or cat.
20 Sec. 8. NEW SECTION. 162.3B Operation of an animal
21sanctuary — license.
221. An animal sanctuary shall only operate pursuant to a
23license issued or renewed by the department as provided in
24section 162.2A. The animal sanctuary shall maintain records
25as required by section 162.10 in order for the department to
26ensure the animal sanctuary’s compliance with the provisions of
27this chapter.
282. An animal sanctuary shall not buy, sell, trade,
29auction, lease, loan, or breed any dog or cat that is owned or
30controlled by the animal sanctuary.
313. An animal sanctuary shall maintain a dog or cat received
32by the animal sanctuary in its care until the dog or cat dies
33by natural causes, is euthanized, or is transferred to another
34animal sanctuary, an animal rescue, an animal shelter, or a
35pound.
-10-1 Sec. 9. NEW SECTION. 162.6A Grooming facility — license.
21. A grooming facility shall only operate pursuant to a
3license issued or renewed by the department as provided in
4section 162.2A. The grooming facility shall maintain records
5as required by section 162.10 in order for the department to
6ensure the grooming facility’s compliance with the provisions
7of this chapter.
82. A grooming facility shall not be in the business of
9buying and selling vertebrate animals.
10 Sec. 10. Section 162.8, Code 2019, is amended to read as
11follows:
12162.8 Operation of a commercial breeder — state license or
13permit.
141. A commercial breeder shall only operate pursuant to a
15state license, or a permit, issued or renewed by the department
16as provided in section 162.2A. A commercial breeder who is
17a state licensee shall maintain records as required by the
18department in section 162.10 in order for the department to
19ensure the commercial breeder’s compliance with the provisions
20of this chapter. A commercial breeder who is a permittee may
21but is not required to maintain records.
222. A commercial breeder shall not purchase a dog or cat
23from a commercial establishment that does not have a valid
24authorization license issued or renewed under this chapter or
25a similar authorization license issued or renewed by another
26state.
273. A commercial breeder shall not operate an animal shelter
28or maintain a controlling interest in an animal shelter.
29 Sec. 11. NEW SECTION. 162.9 Operation of a small breeder,
30competitive show breeder, or specialized breeder — license.
311. A person who is a small breeder, competitive show
32breeder, or specialized breeder shall only operate pursuant to
33a license issued or renewed by the department as provided in
34section 162.2A.
352. A person shall not be eligible for the issuance,
-11-1maintenance, or renewal of a license under this section if
2the person holds a public auction license pursuant to section
3162.9A.
4 Sec. 12. NEW SECTION. 162.10 Records.
51. A commercial establishment shall maintain all records
6required in this chapter. The department shall adopt rules
7regarding the types of records required to be kept and the
8format for keeping such records.
92. A commercial establishment shall maintain all records
10necessary for the department to assess a fee imposed for the
11issuance or renewal of a license pursuant to section 162.2A.
123. A commercial establishment shall maintain inspection
13reports as required in section 162.10B.
14 Sec. 13. Section 162.10B, Code 2019, is amended to read as
15follows:
16162.10B Commercial establishments — inspecting state
17licensees and registrants Inspections — general requirements.
181. As a condition of issuing or renewing a license, the
19premises of an applicant shall be open for inspection during
20normal business hours.
212. The department shall conduct an inspection of a
22commercial establishment at least annually.The department may
23 shall inspect the commercial establishment of a registrant or
24state licensee by entering onto its business premises at any
25time during normal working business hours. The department may
26 shall inspect records required to be maintained by the state
27licensee or registrant commercial establishment as provided
28in this chapter section 162.10. If the owner or person in
29charge of the commercial establishment refuses admittance, the
30department may obtain an administrative search warrant issued
31under section 808.14. The department shall report a potential
32violation of chapter 717B to the local authority that has
33jurisdiction over the matter.
343. a. A commercial breeder offering to sell a dog to
35a person shall provide that person with the most recent
-12-1inspection report completed by all of the following:
2(1) The department of agriculture and land stewardship. The
3report shall include the recorded number of adult dogs on hand.
4(2) The United States department of agriculture, if the
5commercial breeder is licensed under the Animal Welfare Act.
6b. The inspection report must be signed by the dog’s
7purchaser prior to finalizing the sale.
8c. A copy of each applicable signed inspection report shall
9be maintained for twelve months by the commercial breeder as
10part of the commercial breeder’s records as provided in section
11162.10 and a copy of the signed inspection report completed by
12the department of agriculture and land stewardship shall be
13filed with the department.
14 Sec. 14. Section 162.10C, Code 2019, is amended by striking
15the section and inserting in lieu thereof the following:
16162.10C Inspections — restricted requirements.
171. Notwithstanding section 162.10B, a person who holds
18a grooming facility license as provided in section 162.6A is
19subject to restricted inspection requirements. The department
20shall conduct the annual inspection of a licensed grooming
21facility at a scheduled time agreed to by the person and
22the department. However, the department is not required to
23schedule an inspection if any of the following applies:
24a. The person is obstructing the scheduled inspection.
25b. One or more dogs or cats kept by the person are in
26immediate need of care.
272. Notwithstanding section 162.10B, a person who holds a
28small breeder, competitive show breeder, or specialized breeder
29license as provided in section 162.9 is subject to restricted
30inspection requirements as follows:
31a. The person is exempt from the inspection requirements
32of section 162.10B for the period of the license if the person
33submits evidence to the department that each dog kept by the
34person complies with all of the following:
35(1) Has been examined by a licensed veterinarian within
-13-1the twelve months prior to the person’s application for the
2issuance or renewal of the license.
3(2) Received all vaccinations as prescribed by the
4department based on recommendations of the American veterinary
5medical association or American animal hospital association.
6b. If the person does not comply with paragraph “a”, the
7department shall conduct the annual inspection at a scheduled
8time agreed to by the person and the department. However, the
9department is not required to schedule an inspection if any of
10the following applies:
11(1) The person is obstructing the scheduled inspection.
12(2) One or more dogs kept by the person are in immediate
13need of care.
14 Sec. 15. Section 162.10D, subsections 1 and 2, Code 2019,
15are amended to read as follows:
161. The department may take disciplinary action against a
17person by suspending or revoking the person’s authorization
18 license for violating a violation of a provision of this
19chapter or chapter 717B, or who commits for the commission of
20 an unlawful practice under section 714.16. The department may
21take primary and secondary disciplinary action as follows:
22a. Primary disciplinary action may be taken against a person
23who operates the commercial establishment where the violation
24occurred.
25b. Secondary disciplinary action may be taken against a
26person who operates another class of commercial establishment
27under a separate license pursuant to section 162.2A if such
28person is the same as the person who is subject to primary
29disciplinary action under paragraph “a”.
302. The department may require an owner, operator, or
31employee of a commercial establishment subject to disciplinary
32action under subsection 1 to complete a continuing education
33program as a condition for retaining an authorization
34 a license. This section does not prevent a person from
35voluntarily participating in a continuing education program.
-14- 1However, a continuing education program completed voluntarily
2prior to the imposition of the department’s disciplinary action
3shall not be part of such disciplinary action.
4 Sec. 16. Section 162.11, subsection 1, Code 2019, is amended
5by striking the subsection and inserting in lieu thereof the
6following:
71. This chapter does not apply to the operation of a
8veterinary facility, including any activity that would
9otherwise classify the veterinary facility as a commercial
10establishment so long as the activity is incidental to the
11practice of veterinary medicine. If the operations are
12conducted at an establishment in which the operations of the
13veterinary facility are segregated, this chapter shall apply
14only to that part of the establishment that does not operate as
15a veterinary facility.
16 Sec. 17. Section 162.11, subsection 2, Code 2019, is amended
17by striking the subsection.
18 Sec. 18. Section 162.11, subsection 3, Code 2019, is amended
19to read as follows:
203. This chapter does not apply to a noncommercial kennel
21at, in, or adjoining a private residence where dogs or cats
22are kept for the hobby of the householder, if the dogs or cats
23are used for hunting, for practice training, for exhibition
24at shows or field or obedience trials, or for guarding or
25protecting the householder’s property. However, the dogs
26or cats must not be kept for breeding if a person receives
27consideration for providing the breeding.
28 Sec. 19. Section 162.11, Code 2019, is amended by adding the
29following new subsection:
30 NEW SUBSECTION. 4. This chapter does not apply to a person
31who owns, keeps, breeds, or transports a greyhound dog for use
32at a dog racetrack facility regulated by the racing and gaming
33commission under chapter 99D.
34 Sec. 20. NEW SECTION. 162.13A Criminal actions.
35The attorney general or a county attorney may bring criminal
-15-1action in order to enforce the provisions of this chapter.
2 Sec. 21. NEW SECTION. 162.13B Injunctive relief.
3A court of this state may prevent or restrain a violation
4of this chapter through the issuance of an injunction. The
5attorney general or a county attorney shall institute a suit on
6behalf of the state to prevent or restrain a violation of this
7chapter.
8 Sec. 22. Section 162.20, subsection 4, paragraph c, Code
92019, is amended to read as follows:
10c. A pound or animal shelter which knowingly fails to
11provide for the sterilization of a dog or cat is subject to a
12civil penalty of up to two hundred dollars. The department
13may enforce and collect civil penalties according to rules
14which shall be adopted by the department. Each violation shall
15constitute a separate offense. Moneys Notwithstanding section
16162.11, subsection 4, moneys collected from civil penalties
17shall be deposited into the general fund of the state and
18are appropriated on July 1 of each year in equal amounts to
19each track licensed to race dogs to support the racing dog
20adoption program as provided in section 99D.27. Upon the third
21offense, the department may suspend or revoke a certificate
22of registration license issued to the pound or animal shelter
23pursuant to this chapter section 162.2A. The department may
24bring an action in district court to enjoin a pound or animal
25shelter from transferring animals in violation of this section.
26In bringing the action, the department shall not be required
27to allege facts necessary to show, or tending to show, a lack
28of adequate remedy at law, that irreparable damage or loss
29will result if the action is brought at law, or that unique or
30special circumstances exist.
31 Sec. 23. Section 162.20, subsection 5, paragraphs b and c,
32Code 2019, are amended to read as follows:
33b. The transfer of a dog or cat by a pound or animal
34shelter which has obtained an enforcement waiver issued
35by the department. The pound or shelter may apply for an
-16-1annual waiver each year as provided by rules adopted by
2the department. The department shall grant a waiver, if it
3determines that the pound or animal shelter is subject to
4an ordinance by a city or county which includes stricter
5requirements than provided in this section. The department
6shall not charge more than ten dollars as a waiver application
7fee. The fees collected by the department shall be deposited
8in the general fund of the state animal rescue remediation fund
9created in section 717B.13.
10c. The transfer of a dog or cat to a research facility as
11defined in section 162.2 or a person licensed by the United
12States department of agriculture as a class B dealer pursuant
13to 9 C.F.R. ch.1, subch.A, pt.2. However, a class B dealer
14who receives an unsterilized dog or cat from a pound or animal
15shelter shall either sterilize the dog or cat or transfer the
16unsterilized dog or cat to a research facility provided in this
17paragraph. The class B dealer shall not transfer a dog to a
18research facility if the dog is a greyhound registered with the
19national greyhound association and the dog raced at a track
20associated with pari-mutuel racing unless the class B dealer
21receives written approval of the transfer from a person who
22owned an interest in the dog while the dog was racing.
23 Sec. 24. NEW SECTION. 162.21 Sterilization — animal
24sanctuaries.
251. An animal sanctuary receiving a dog or cat shall provide
26for the sterilization of the dog or cat using the veterinary
27procedures prescribed in section 162.20.
282. An animal sanctuary shall provide for the sterilization
29within ten days from the date that the animal sanctuary
30receives the dog or cat, unless any of the following apply:
31a. The department imposes a stricter requirement by rule.
32b. A licensed veterinarian grants an extension of the
33period required for the completion of the sterilization, if the
34extension is based on the health of the dog or cat.
353. a. An animal sanctuary that knowingly fails to provide
-17-1for the sterilization of a dog or cat is subject to a civil
2penalty of up to two hundred dollars.
3b. The department may enforce and collect civil penalties
4according to rules which shall be adopted by the department.
5Each violation shall constitute a separate violation. Moneys
6collected from civil penalties shall be credited to the animal
7rescue remediation fund created in section 717B.13.
84. Upon the third violation of this section, the department
9may suspend or revoke the license issued to the animal
10sanctuary pursuant to section 162.2A.
115. The department may bring an action in district court
12to enjoin an animal sanctuary from transferring animals in
13violation of this section in the same manner as provided in
14section 162.20.
156. This section shall not apply to the return of a dog or
16cat to its owner by an animal sanctuary, except as provided by
17rules adopted by the department.
18 Sec. 25. Section 717B.1, Code 2019, is amended by adding the
19following new subsection:
20 NEW SUBSECTION. 3A. “Commercial establishment” means the
21same as defined in section 162.2.
22 Sec. 26. Section 717B.4, subsection 3, paragraph a, Code
232019, is amended to read as follows:
24a. The court may order the responsible party to pay an
25amount which shall not be more than the dispositional expenses
26incurred by the local authority. The court may also award
27the local authority court costs, reasonable attorney fees and
28expenses related to the investigation and prosecution of the
29case, which shall be taxed as part of the costs of the action.
30The amount shall be paid to the animal rescue remediation fund
31created in section 717B.13 to the extent that moneys from the
32fund were expended to pay for dispositional expenses.
33 Sec. 27. Section 717B.5, Code 2017, is amended by adding the
34following new subsection:
35 NEW SUBSECTION. 3A. The local authority may apply to the
-18-1department for reimbursement of expenses incurred by the local
2authority in providing for the maintenance of the animal.
3 Sec. 28. NEW SECTION. 717B.13 Animal rescue remediation
4fund.
51. An animal rescue remediation fund is created as a
6separate fund in the state treasury under the control of the
7department of agriculture and land stewardship. The general
8fund of the state is not liable for claims presented against
9the fund.
102. The fund consists of moneys appropriated to the fund,
11moneys transferred from the commercial establishment fund as
12provided in section 162.2C, moneys credited to the fund as
13provided in sections 162.20 and 162.21, sums collected on
14behalf of the fund through legal action or settlement, and
15moneys contributed to the fund from other sources.
163. The moneys in the fund are appropriated to the department
17to reimburse a local authority for expenses incurred for the
18rescuing of an animal from a commercial establishment as
19provided in section 717B.5, for the maintenance of an animal
20as provided in section 717B.5, and for the disposition of an
21animal as provided in section 717B.4.
224. The department shall utilize moneys from the fund only to
23the extent that the department determines that expenses cannot
24be timely paid by utilizing the available provisions of section
25717B.4.
265. The department shall provide payment to a local authority
27upon a claim submitted by the local authority to the department
28according to procedures required by the department. Upon
29a determination that the claim is eligible for payment,
30the department shall reimburse the local authority for that
31amount. However, if the department determines that only
32a portion of the claim is eligible, the department shall
33only pay the eligible portion. If the department determines
34that insufficient moneys are available to make payment of
35all claims, the department may defer paying all or part of
-19-1specified claims. The department shall hold deferred claims
2for payment when the department determines that the fund again
3contains sufficient moneys.
46. Moneys in the fund shall not be subject to appropriation
5or expenditure for any other purpose than provided in this
6section and section 162.2C.
77. Notwithstanding section 12C.7, interest earned on
8amounts deposited in the fund shall be credited to the fund.
9Notwithstanding section 8.33, any unexpended or unencumbered
10moneys remaining in the fund at the end of the fiscal year
11shall not revert to the general fund of the state, but the
12moneys shall remain available for expenditure by the authority
13in succeeding fiscal years.
14 Sec. 29. CURRENT AUTHORIZATIONS.
151. A current valid certificate of registration issued or
16renewed by the department of agriculture and land stewardship
17to an animal shelter, pound, or research facility under section
18162.2A prior to the effective date of this Act shall remain
19valid until it expires according to its terms when issued or
20renewed.
212. A current valid state license issued or renewed by the
22department of agriculture and land stewardship to a commercial
23kennel that operates as a grooming facility as defined in
24section 162.2, as amended in this Act, shall remain valid until
25it expires according to the terms when issued or renewed.
26DIVISION II
27COORDINATING PROVISIONS
28 Sec. 30. Section 162.3, Code 2019, is amended to read as
29follows:
30162.3 Operation of a pound — certificate of registration
31 license.
32A pound shall only operate pursuant to a certificate of
33registration license issued or renewed by the department as
34provided in section 162.2A. A pound may sell dogs or cats
35under its control if sales are allowed by the department. The
-20-1pound shall maintain records as required by the department
2 in section 162.10 in order for the department to ensure the
3pound’s compliance with the provisions of this chapter.
4 Sec. 31. Section 162.4, Code 2019, is amended to read as
5follows:
6162.4 Operation of an animal shelter — certificate of
7registration license.
8An animal shelter shall only operate pursuant to a
9certificate of registration license issued or renewed by the
10department as provided in section 162.2A. An animal shelter
11may sell dogs or cats if sales are allowed by the department.
12The animal shelter facility shall maintain records as required
13by the department in section 162.10 in order for the department
14to ensure the animal shelter’s compliance with the provisions
15of this chapter.
16 Sec. 32. Section 162.4A, Code 2019, is amended to read as
17follows:
18162.4A Operation of a research facility — certificate of
19registration license.
201. A research facility shall only operate pursuant to
21a certificate of registration license issued or renewed by
22the department as provided in section 162.2A. The research
23facility shall maintain records as required by the department
24 in section 162.10 in order for the department to ensure the
25research facility’s compliance with the provisions of this
26chapter.
272. A research facility shall not purchase a dog or cat
28from a commercial establishment that does not have a valid
29authorization license issued or renewed under this chapter or
30a similar authorization license issued or renewed by another
31state.
32 Sec. 33. Section 162.5, Code 2019, is amended to read as
33follows:
34162.5 Operation of a pet shop — state license.
351. A pet shop shall only operate pursuant to a state
-21-1 license issued or renewed by the department pursuant to section
2162.2A. The pet shop shall maintain records as required by the
3department section 162.10 in order for the department to ensure
4the pet shop’s compliance with the provisions of this chapter.
52. A pet shop shall not purchase a dog or cat from
6a commercial establishment that does not have a valid
7authorization license issued or renewed under this chapter or
8a similar authorization license issued or renewed by another
9state.
10 Sec. 34. Section 162.5A, Code 2019, is amended to read as
11follows:
12162.5A Operation of a boarding kennel— state license.
13A boarding kennel shall only operate pursuant to a state
14 license issued or renewed by the department as provided in
15section 162.2A. The boarding kennel shall maintain records as
16required by the department section 162.10 in order for the
17department to ensure the boarding kennel’s compliance with
18the provisions of this chapter. A boarding kennel shall not
19purchase a dog or cat from a commercial establishment that
20does not have a valid authorization license issued or renewed
21under this chapter or a similar authorization license issued or
22renewed by another state.
23 Sec. 35. Section 162.6, Code 2019, is amended to read as
24follows:
25162.6 Operation of a commercial kennel — state license.
26A commercial kennel shall only operate pursuant to a state
27 license issued or renewed by the department as provided in
28section 162.2A. A commercial kennel shall maintain records
29as required by the department section 162.10 in order for the
30department to ensure the commercial kennel’s compliance with
31the provisions of this chapter. A commercial kennel shall not
32purchase a dog or cat from a commercial establishment that
33does not have a valid authorization license issued or renewed
34under this chapter or a similar authorization license issued or
35renewed by another state.
-22-1 Sec. 36. Section 162.7, Code 2019, is amended to read as
2follows:
3162.7 Operation of a dealer — state license or permit.
4A dealer shall only operate pursuant to a state license,
5or a permit, issued or renewed by the department as provided
6in section 162.2A. A dealer who is a state licensee shall
7maintain records as required by the department section 162.10
8 in order for the department to ensure compliance with the
9provisions of this chapter. A dealer who is a permittee may
10but is not required to maintain records. A dealer shall not
11purchase a dog or cat from a commercial establishment that
12does not have a valid authorization license issued or renewed
13under this chapter or a similar authorization license issued or
14renewed by another state.
15 Sec. 37. Section 162.9A, Code 2019, is amended to read as
16follows:
17162.9A Operation of a public auction— state license or
18permit.
191. A public auction shall only operate pursuant to a state
20 license, or a permit, issued or renewed by the department as
21provided in section 162.2A. A public auction which is a state
22licensee shall maintain records as required by the department
23 section 162.10 in order for the department to ensure the public
24auction’s compliance with the provisions of this chapter. A
25public auction which is a permittee may but is not required to
26maintain records. A public auction shall not purchase a dog or
27cat from a commercial establishment that does not have a valid
28authorization license issued or renewed under this chapter or
29a similar authorization license issued or renewed by another
30state.
312. A person shall not be eligible for the issuance,
32maintenance, or renewal of a license under this section if the
33person holds a small breeder, competitive show breeder, or
34specialized breeder license under section 162.9.
35 Sec. 38. Section 162.10A, subsection 2, Code 2019, is
-23-1amended by striking the subsection.
2 Sec. 39. Section 162.12, Code 2019, is amended to read as
3follows:
4162.12 Denial of application or revocation of license or
5registration.
6A certificate of registration An application for a license
7 may be denied to any animal shelter, pound, or research
8facility and a state license may be denied to any public
9auction, boarding kennel, commercial kennel, pet shop,
10commercial breeder, or dealer, or an existing certificate of
11registration or state license may be revoked by the secretary
12if, after public hearing, it is determined that the housing
13facilities or primary enclosures of a commercial establishment
14 are inadequate under this chapter or if the feeding, watering,
15cleaning, and housing practices at the animal rescue, animal
16sanctuary, pound, animal shelter, public auction, pet shop,
17boarding kennel, commercial kennel, grooming facility, or
18 research facility, or those practices by the commercial
19breeder, or dealer, or small breeder, competitive show breeder,
20or specialized breeder are not in compliance with this chapter
21or with the rules adopted pursuant to this chapter. The
22premises of each registrant or state licensee shall be open for
23inspection during normal business hours.
24 Sec. 40. Section 162.12A, subsection 1, paragraph a, Code
252019, is amended to read as follows:
26a. A commercial establishment that operates pursuant to an
27authorization a license issued or renewed under this chapter
28is subject to a civil penalty of not more than five hundred
29dollars, regardless of the number of animals possessed or
30controlled by the commercial establishment, for violating this
31chapter. Except as provided in paragraph “b”, each day that a
32violation continues shall be deemed a separate offense.
33 Sec. 41. Section 162.12A, subsection 2, Code 2019, is
34amended to read as follows:
352. A commercial establishment that does not operate
-24-1pursuant to an authorization a license issued or renewed under
2this chapter is subject to a civil penalty of not more than one
3thousand dollars, regardless of the number of animals possessed
4or controlled by the commercial establishment, for violating
5this chapter. Each day that a violation continues shall be
6deemed a separate offense.
7 Sec. 42. Section 162.13, subsections 1 and 3, Code 2019, are
8amended to read as follows:
91. A person who operates a commercial establishment without
10an authorization a license issued or renewed by the department
11as required in section 162.2A is guilty of a simple misdemeanor
12and each day of operation is a separate offense.
133. The failure of a person who owns or operates a commercial
14establishment to meet the requirements of this section is
15also cause for the suspension or revocation of the person’s
16authorization license as provided in section 162.10D.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
20CURRENT LAW. Code chapter 162 provides for the regulation
21of commercial establishments that possess or control animals,
22other than animals used for an agricultural purpose (Code
23section 162.1), by the department of agriculture and land
24stewardship (DALS). Commercial establishments include animal
25shelters, pounds, and research facilities which are required
26to obtain a certificate of registration; boarding kennels,
27commercial kennels, and pet shops which are required to
28obtain a state license; and commercial breeders, dealers, and
29public auctions which are required to obtain a state license
30or a permit if licensed by the United States department of
31agriculture (USDA) (Code section 162.2A).
32BILL’S PROVISIONS. This bill refers to each type of
33commercial establishment as a class and requires that a person
34operating one or more commercial establishments of the same
35class obtain a single license. The bill also creates four new
-25-1types of licenses for: (1) grooming facilities, (2) animal
2rescues, (3) animal sanctuaries, and (4) small breeders,
3competitive show breeders, or specialized breeders. The bill
4also recognizes animal foster care homes that temporarily
5maintain dogs or cats on behalf of animal rescues, animal
6shelters, and pounds. The bill replaces the current fee system
7with one that includes the assessment of a base amount and
8the possible assessment of a scheduled amount based on class.
9The moneys from fees are still deposited into the commercial
10establishment fund. However, an amount is to be transferred
11to a new animal rescue remediation fund also under the control
12of DALS. The bill requires DALS to perform inspections and
13licensees to maintain records. The bill provides that DALS may
14take disciplinary action by suspending or revoking the person’s
15license. It provides that any continuing education program
16voluntarily completed by a person operating a commercial
17establishment prior to a disciplinary action is not considered
18part of such action. The bill provides for the sterilization
19of dogs or cats that are in the custody of an animal sanctuary.
20Greyhound dogs used in pari-mutuel wagering are exempted from
21regulation. Finally, the bill provides that the attorney
22general or a county attorney may bring a criminal action in
23order to enforce the provisions of the Code chapter and allows
24a court to provide injunctive relief.
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