House File 2280      

                            AN ACT
PROVIDING FOR THE TREATMENT OF ANIMALS OTHER THAN
   AGRICULTURAL ANIMALS, BY PROVIDING FOR REGULATION OF
   COMMERCIAL ESTABLISHMENTS, PROVIDING FOR FEES, PROVIDING
   PENALTIES, AND INCLUDING EFFECTIVE DATE PROVISIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
   Section 1.  Section 162.1, Code 2009, is amended to read as
follows:
   162.1  Policy Purpose and scope.
   1.  The purpose of this chapter is to accomplish all of the
following:
   1.  a.  To insure Insure that all dogs and cats handled by
boarding kennels, commercial kennels, commercial breeders,
dealers, and public auctions commercial establishments are
provided with humane care and treatment by regulating.
   b.  Regulate the transportation, sale, purchase, housing,
care, handling, and treatment of such animals dogs and cats by
persons or organizations engaged in transporting, buying, or
selling them and to provide.
   c.  Provide that all vertebrate animals consigned to pet
shops are provided humane care and treatment by regulating the
transportation, sale, purchase, housing, care, handling, and
treatment of such animals by pet shops.
   2.  d.  To authorize Authorize the sale, trade, or adoption
of only those animals which appear to be free of infectious or
communicable disease.
   3.  e.  To protect Protect the public from zoonotic disease.
   2.  This chapter does not apply to livestock as defined
in section 717.1 or any other agricultural animal used in
agricultural production as provided in chapter 717A.
   Sec. 2.  Section 162.2, Code Supplement 2009, is amended by
adding the following new subsections:
   NEW SUBSECTION.  4A.  "Animal Welfare Act" means the
federal Animal Welfare Act, 7 U.S.C. ch. 54, and regulations
promulgated by the United States department of agriculture and
published in 9 C.F.R. ch. 1.
   NEW SUBSECTION.  4B.  "Authorization" means a state license,
certificate of registration, or permit issued or renewed by the
department to a commercial establishment as provided in section
162.2A.
   NEW SUBSECTION.  6A.  "Commercial establishment" or
"establishment" means an animal shelter, boarding kennel,
commercial breeder, commercial kennel, dealer, pet shop, pound,
public auction, or research facility.
   NEW SUBSECTION.  8A.  "Department" means the department of
agriculture and land stewardship.
   NEW SUBSECTION.  9A.  "Federal license" means a license
issued by the United States department of agriculture to a
person classified as a dealer or exhibitor pursuant to the
federal Animal Welfare Act.
   NEW SUBSECTION.  9B.  "Federal licensee" means a person to
whom a federal license as a dealer or exhibitor is issued.
   NEW SUBSECTION.  10A.  "Permittee" means a commercial
breeder, dealer, or public auction to whom a permit is issued
by the department as a federal licensee pursuant to section
162.2A.
   NEW SUBSECTION.  15A.  "Registrant" means a pound, animal
shelter, or research facility to whom a certificate of
registration is issued by the department pursuant to section
162.2A.
   NEW SUBSECTION.  16A.  "State fiscal year" means the fiscal
year described in section 3.12.
   NEW SUBSECTION.  16B.  "State licensee" means any of the
following:
   a.  A boarding kennel, commercial kennel, or pet shop to whom
a state license is issued by the department pursuant to section
162.2A.
   b.  A commercial breeder, dealer, or public auction to whom
a state license is issued in lieu of a permit by the department
pursuant to section 162.2A.
   Sec. 3.  Section 162.2, subsections 6 and 13, Code Supplement
2009, are amended to read as follows:
   6.  "Commercial breeder" means a person, engaged in the
business of breeding dogs or cats, who sells, exchanges,
or leases dogs or cats in return for consideration, or who
offers to do so, whether or not the animals are raised,
trained, groomed, or boarded by the person.  A person who
owns or harbors three or fewer breeding males or females is
not a commercial breeder.  However, a person who breeds or
harbors more than three any number of breeding male or female
greyhounds for the purposes of using them for pari=mutuel
racing wagering at a racetrack as provided in chapter 99D shall
be considered a commercial breeder irrespective of whether
the person sells, leases, or exchanges the greyhounds for
consideration or offers to do so.
   13.  "Pound" or "dog pound" means a facility for the
prevention of cruelty to animals operated by the state, a
municipal corporation, or other political subdivision of the
state for the purpose of impounding or harboring seized stray,
homeless, abandoned or unwanted dogs, cats or other animals; or
a facility operated for such a purpose under a contract with
any municipal corporation or incorporated society.
   Sec. 4.  NEW SECTION.  162.2A  Application, issuance, and
renewal of authorizations.
   1.  The department shall provide for the operation
of a commercial establishment by issuing or renewing an
authorization, including any of the following:
   a.  A certificate of registration for a pound, animal,
shelter, or research facility.
   b.  A state license for a boarding kennel, commercial kennel,
or pet shop.
   c.  A state license or permit for a commercial breeder,
dealer, or public auction. A federal licensee must apply for
and be issued either a permit or a state license in lieu of a
permit.
   2.  A person must be issued a separate state license,
certificate of registration, or permit for each commercial
establishment owned or operated by the person.
   3.  A person must apply for the issuance or renewal of an
authorization on forms and according to procedures required by
rules adopted by the department.  The application shall contain
information required by the department, including but not
limited to all of the following:
   a.  The person's name.
   b.  The person's principal office or place of business.
   c.  The name, address, and type of establishment covered by
the authorization.
   d.  The person's identification number. Notwithstanding
chapter 22, the department shall keep the person's tax
identification number confidential except for purposes of tax
administration by the department of revenue, including as
provided in section 421.18.
   4.  The authorization expires on an annual basis as
provided by the department, and must be renewed by the
commercial establishment on an annual basis on or before the
authorization's expiration date.
   5.  a.  A commercial establishment applying for the issuance
or renewal of a permit shall provide the department with proof
that the person is a federal licensee.
   b.  The department shall not require that it must enter onto
the premises of a commercial establishment in order to issue a
permit.  The department shall not require that it must enter
onto the premises of a commercial establishment in order to
renew a permit, unless it has reasonable cause to monitor the
commercial establishment as provided in section 162.10C.
   Sec. 5.  NEW SECTION.  162.2B  Fees.
   The department shall establish, assess, and collect fees as
provided in this section.
   1.  A commercial establishment shall pay authorization fees
to the department for the issuance or renewal of a certificate
of registration, state license, or permit.
   a.  For the issuance or renewal of a certificate of
registration, seventy=five dollars.
   b.  For the issuance or renewal of a state license or permit,
one hundred seventy=five dollars.  However, a commercial
breeder who owns, keeps, breeds, or transports a greyhound dog
for pari=mutuel wagering at a racetrack as provided in chapter
99D shall pay a different fee for the issuance or renewal of a
state license as provided in rules adopted by the department.
   2.  The department shall retain all fees that it collects
under this section for the exclusive purpose of administering
and enforcing the provisions of this chapter. The fees shall
be considered repayment receipts as defined in section 8.2.
The general assembly shall appropriate moneys to the department
each state fiscal year necessary for the administration and
enforcement of this chapter.
   Sec. 6.  Section 162.3, Code 2009, is amended by striking the
section and inserting in lieu thereof the following:
   162.3  Operation of a pound == certificate of registration.
   A pound shall only operate pursuant to a certificate of
registration issued or renewed by the department as provided
in section 162.2A.  A pound may sell dogs or cats under its
control, if sales are allowed by the department.  The pound
shall maintain records as required by the department in order
for the department to ensure the pound's compliance with the
provisions of this chapter.
   Sec. 7.  Section 162.4, Code 2009, is amended by striking the
section and inserting in lieu thereof the following:
   162.4  Operation of an animal shelter == certificate of
registration.
   An animal shelter shall only operate pursuant to a
certificate of registration issued or renewed by the department
as provided in section 162.2A.   An animal shelter may sell dogs
or cats if sales are allowed by the department.  The animal
shelter facility shall maintain records as required by the
department in order for the department to ensure the animal
shelter's compliance with the provisions of this chapter.
   Sec. 8.  NEW SECTION.  162.4A  Operation of a research
facility == certificate of registration.
   A research facility shall only operate pursuant to a
certificate of registration issued by the department as
provided in section 162.2A.   The research facility shall
maintain records as required by the department in order for the
department to ensure the research facility's compliance with
the provisions of this chapter.  A research facility shall not
purchase a dog or cat from a commercial establishment that does
not have a valid authorization issued or renewed under this
chapter or a similar authorization issued or renewed by another
state.
   Sec. 9.  Section 162.5, Code 2009, is amended by striking the
section and inserting in lieu thereof the following:
   162.5  Operation of a pet shop == state license.
   A pet shop shall only operate pursuant to a state license
issued or renewed by the department pursuant to section
162.2A.  The pet shop shall maintain records as required by the
department in order for the department to ensure the pet shop's
compliance with the provisions of this chapter. A pet shop
shall not purchase a dog or cat from a commercial establishment
that does not have a valid authorization issued or renewed
under this chapter or a similar authorization issued or renewed
by another state.
   Sec. 10.  NEW SECTION.  162.5A  Operation of a boarding kennel
== state license.
   A boarding kennel shall only operate pursuant to a state
license issued by the department as provided in section 162.2A.
The boarding kennel shall maintain records as required by
the department in order for the department to ensure the
boarding kennel's compliance with the provisions of this
chapter. A boarding kennel shall not purchase a dog or cat
from a commercial establishment that does not have a valid
authorization issued or renewed under this chapter or a similar
authorization issued or renewed by another state.
   Sec. 11.  Section 162.6, Code 2009, is amended by striking
the section and inserting in lieu thereof the following:
   162.6  Operation of a commercial kennel == state license.
   A commercial kennel shall only operate pursuant to a state
license issued or renewed by the department as provided in
section 162.2A.   A commercial kennel shall maintain records
as required by the department in order for the department to
ensure the commercial kennel's compliance with the provisions
of this chapter. A commercial kennel shall not purchase a dog
or cat from a commercial establishment that does not have a
valid authorization issued or renewed under this chapter or a
similar authorization issued or renewed by another state.
   Sec. 12.  Section 162.7, Code 2009, is amended by striking
the section and inserting in lieu thereof the following:
   162.7  Operation of a dealer == state license or permit.
   A dealer shall only operate pursuant to a state license,
or a permit, issued or renewed by the department as provided
in section 162.2A.   A dealer who is a state licensee shall
maintain records as required by the department in order for the
department to ensure compliance with the provisions of this
chapter.  A dealer who is a permittee may, but is not required
to maintain records. A dealer shall not purchase a dog or cat
from a commercial establishment that does not have a valid
authorization issued or renewed under this chapter or a similar
authorization issued or renewed by another state.
   Sec. 13.  Section 162.8, Code 2009, is amended by striking
the section and inserting in lieu thereof the following:
   162.8  Operation of a commercial breeder == state license or
permit.
   A commercial breeder shall only operate pursuant to a state
license, or a permit, issued or renewed by the department
as provided in section 162.2A.   A commercial breeder who is
a state licensee shall maintain records as required by the
department in order for the department to ensure the commercial
breeder's compliance with the provisions of this chapter.  A
commercial breeder who is a permittee may but is not required
to maintain records. A commercial breeder shall not purchase a
dog or cat from a commercial establishment that does not have a
valid authorization issued or renewed under this chapter or a
similar authorization issued or renewed by another state.
   Sec. 14.  NEW SECTION.  162.9A  Operation of a public auction
== state license or permit.
   A public auction shall only operate pursuant to a state
license, or a permit, issued or renewed by the department
as provided in section 162.2A.   A public auction which is
a state licensee shall maintain records as required by the
department in order for the department to ensure the public
auction's compliance with the provisions of this chapter.  A
public auction which is a permittee may but is not required to
maintain records.  A public auction shall not purchase a dog or
cat from a commercial establishment that does not have a valid
authorization issued or renewed under this chapter or a similar
authorization issued or renewed by another state.
   Sec. 15.  NEW SECTION.  162.10A  Commercial establishments ==
standard of care.
   1.  a.  A commercial establishment shall provide for a
standard of care that ensures that an animal in its possession
or under its control is not lacking any of the following:
   (1)  Adequate feed, adequate water, housing facilities,
sanitary control, or grooming practices, if such lack causes
adverse health or suffering.
   (2)  Veterinary care.
   b.  A commercial establishment, other than a research
facility or pet shop, shall provide for the standard of care
for dogs and cats in its possession or under its control, and a
research facility or pet shop shall provide for the standard
of care for vertebrate animals in its possession or under its
control.
   2.  a.  Except as provided in paragraph "b" or "c", a
commercial establishment shall comply with rules that the
department adopts to implement subsection 1. A commercial
establishment shall be regulated under this paragraph "a"
unless the person is a state licensee as provided in paragraph
"b" or a permittee as provided in paragraph "c".
   b.  A state licensee who is a commercial breeder owning,
breeding, transporting, or keeping a greyhound dog for
pari=mutuel wagering at a racetrack as provided in chapter 99D
may be required to comply with different rules adopted by the
department.
   c.  A permittee is not required to comply with rules that the
department adopts to implement a standard of care as provided
in subsection 1 for state licensees and registrants.  The
department may adopt rules regulating a standard of care for
a permittee, so long as the rules are not more restrictive
than required for a permittee under the Animal Welfare Act.
However, the department may adopt prescriptive rules relating
to the standard of care. Regardless of whether the department
adopts such rules, a permittee meets the standard of care
required in subsection 1, if it voluntarily complies with rules
applicable to state licensees or registrants.  A finding by
the United States department of agriculture that a permittee
complies with the Animal Welfare Act is not conclusive when
determining that the permittee provides a standard of care
required in subsection 1.
   3.  A commercial establishment fails to provide for a
standard of care as provided in subsection 1, if the commercial
establishment commits abuse as described in section 717B.2,
neglect as described in section 717B.3, or torture as provided
in section 717B.3A.
   Sec. 16.  NEW SECTION.  162.10B  Commercial establishments ==
inspecting state licensees and registrants.
The department may inspect the commercial establishment of
a registrant or state licensee by entering onto its business
premises at any time during normal working hours.  The
department may inspect records required to be maintained by the
state licensee or registrant as provided in this chapter.  If
the owner or person in charge of the commercial establishment
refuses admittance, the department may obtain an administrative
search warrant issued under section 808.14.
   Sec. 17.  NEW SECTION.  162.10C  Commercial establishments  ==
 monitoring permittees.
   1.  The department may monitor the commercial establishment
of a permittee by entering onto its business premises at
any time during normal working hours.  The department shall
monitor the commercial establishment for the limited purpose of
determining whether the permittee is providing for a standard
of care required for permittees under section 162.10A.   If
the owner or person in charge of the commercial establishment
refuses admittance, the department may obtain an administrative
search warrant issued under section 808.14.
   2.  In order to enter onto the business premises of a
permittee's commercial establishment, the department must have
reasonable cause to suspect that the permittee is not providing
for the standard of care required for permittees under section
162.10A.   Reasonable cause must be supported by any of the
following:
   a.  An oral or written complaint received by the department
by a person. The complainant must provide the complainant's
name and address and telephone number. Notwithstanding chapter
22, the department's record of a complaint is confidential,
unless any of the following apply:
   (1)  The results of the monitoring are used in a contested
case proceeding as provided in chapter 17A or in a judicial
proceeding.
   (2)  The record is sought in discovery in any administrative,
civil, or criminal case.
   (3)  The department's record of a complaint is filed by a
person other than an individual.
   b.  A report prepared by a person employed by the United
States department of agriculture that requires a permittee to
take action necessary to correct a breach of standard of care
required of federal licensees by the Animal Welfare Act or of
permittees by section 162.10A.  The department is not required
to dedicate any number of hours to viewing or analyzing such
reports.
   3.  When carrying out this section, the department may
cooperate with the United States department of agriculture.
The department shall report any findings resulting in an
enforcement action under section 162.10D to the United States
department of agriculture.
   Sec. 18.  NEW SECTION.  162.10D  Commercial establishments  ==
 disciplinary actions.
   1.  The department may take disciplinary action against a
person by suspending or revoking the person's authorization for
violating a provision of this chapter or chapter 717B, or who
commits an unlawful practice under section 714.16.
   2.  The department may require that an owner, operator, or
employee of a commercial establishment subject to disciplinary
action under subsection 1 to complete a continuing education
program as a condition for retaining an authorization.
This section does not prevent a person from voluntarily
participating in a continuing education program.
   3.  The department shall administer the continuing education
program by either providing direct instruction or selecting
persons to provide such instruction.  The department is not
required to compensate persons for providing the instruction,
and may require attendees to pay reasonable fees necessary to
compensate the department providing the instruction or a person
selected by the department to provide the instruction.  The
department shall, to every extent possible, select persons to
provide the instruction by consulting with organizations that
represent commercial establishments, including but not limited
to the Iowa pet breeders association.
   4.  The department shall establish the criteria for a
continuing education program which shall include at least three
and not more than eight hours of instruction.  The department
 shall provide for the program's beginning and ending dates.
However, a person must complete the program in twelve months
or less.
   Sec. 19.  Section 162.11, subsections 1 and 3, Code 2009, are
amended by striking the subsections.
   Sec. 20.  Section 162.11, subsection 2, Code 2009, is amended
by striking the subsection and inserting in lieu thereof the
following:
   2.  This chapter does not apply to a federal licensee except
as provided in the following:
   a.  Section 162.1, subsection 2, and sections 162.2, 162.2A,
162.2B, 162.7, 162.8, 162.9A, 162.10A, 162.10C, 162.10D,
162.12A, and 162.13.
   b.  Section 162.1, subsection 1, but only to the extent
required to implement sections described in paragraph "a".
   c.  Section 162.16 but only to the extent required to
implement sections described in paragraph "a".
   Sec. 21.  Section 162.12, Code 2009, is amended to read as
follows:
   162.12  Denial or revocation of license or registration.
   A certificate of registration may be denied to any animal
shelter, pound, or animal shelter research facility and a
state license or certificate of registration may be denied
to any public auction, boarding kennel, commercial kennel,
research facility, pet shop, commercial breeder, or dealer, or
an existing certificate of registration or state license may
be revoked by the secretary if, after public hearing, it is
determined that the housing facilities or primary enclosures
are inadequate under this chapter or if the feeding, watering,
cleaning, and housing practices at the pound, animal shelter,
public auction, pet shop, boarding kennel, commercial kennel,
research facility, or those practices by the commercial breeder
or dealer, are not in compliance with this chapter or with the
rules adopted pursuant to this chapter. The premises of each
registrant or state licensee or certificate holder shall be
open for inspection during normal business hours.
   Sec. 22.  NEW SECTION.  162.12A  Civil penalties.
   The department shall establish, impose, and assess civil
penalties for violations of this chapter.  The department may
by rule establish a schedule of civil penalties for violations
of this chapter. All civil penalties collected under this
section shall be deposited into the general fund of the state.
   1.  a.  A commercial establishment that operates pursuant
to an authorization issued or renewed under this chapter is
subject to a civil penalty of not more than five hundred
dollars, regardless of the number of animals possessed or
controlled by the commercial establishment, for violating this
chapter.  Except as provided in paragraph "b", each day that a
violation continues shall be deemed a separate offense.
   b.  This paragraph applies to a commercial establishment
that violates a standard of care involving housing as provided
in section 162.10A.  The departmental official who makes
a determination that a violation exists shall provide a
corrective plan to the commercial establishment describing how
the violation will be corrected within a compliance period of
not more than fifteen days from the date of approval by the
official of the corrective plan. The civil penalty shall not
exceed five hundred dollars for the first day of the violation.
After that day, the department shall not impose a civil penalty
for the violation during the compliance period.  The department
shall not impose an additional civil penalty, unless the
commercial establishment fails to correct the violation by the
end of the compliance period.  If the commercial establishment
fails to correct the violation by the end of the compliance
period, each day that the violation continues shall be deemed a
separate offense.
   2.  A commercial establishment that does not operate
pursuant to an authorization issued or renewed under this
chapter is subject to a civil penalty of not more than one
thousand dollars, regardless of the number of animals possessed
or
 controlled by the commercial establishment, for violating this
chapter.  Each day that a violation continues shall be deemed a
separate offense.
   Sec. 23.  Section 162.13, Code 2009, is amended to read as
follows:
   162.13  Penalties Criminal penalties  == confiscation.
   1.  Operation of a pound, animal shelter, pet shop, boarding
kennel, commercial kennel, research facility, or public
auction, or dealing in dogs or cats, or both, either as a
dealer or a commercial breeder, without a currently valid
license or a certificate of registration is A person who
operates a commercial establishment without an authorization
issued or renewed by the department as required in section
162.2A is guilty of a simple misdemeanor and each day of
operation is a separate offense.
   2.  The failure of any pound, research facility, animal
shelter, pet shop, boarding kennel, commercial kennel,
commercial breeder, public auction, or dealer, to adequately
house, feed, or water dogs, cats, or vertebrate animals in
the person's or facility's possession or custody a person
who owns or operates a commercial establishment to meet the
standard of care required in section 162.10A, subsection 1, is
a simple misdemeanor.  The animals are subject to seizure and
impoundment and may be sold or destroyed as provided by rules
which shall be adopted by the department pursuant to chapter
17A.  The rules shall provide for the destruction of an animal
by a humane method, including by euthanasia.
   3.  The failure of a person who owns or operates a commercial
establishment to meet the requirements of this section is
also cause for the suspension or revocation or suspension of
license or registration after public hearing of the person's
authorization as provided in section 162.10D.  The commission
of an act declared to be an unlawful practice under section
714.16 or prohibited under chapter 717 or 717B, by
 a person licensed or registered under this chapter is cause
for revocation or suspension of the license or registration
certificate.
   4.  Dogs, cats, and other vertebrates vertebrate
animals upon which euthanasia is permitted by law may be
destroyed by a person subject to this chapter or chapter 169,
by a humane method, including euthanasia, as provided by rules
which shall be adopted by the department pursuant to chapter
17A.
   5.  It is unlawful for a dealer to knowingly ship a diseased
animal.  A dealer violating this paragraph subsection is
subject to a fine not exceeding one hundred dollars.
Each diseased animal shipped in violation of this
paragraph subsection is a separate offense.
   Sec. 24.  Section 162.16, Code 2009, is amended by striking
the section and inserting in lieu thereof the following:
   162.16  Rules.
   The department shall adopt rules and promulgate forms
necessary to administer and enforce the provisions of this
chapter.
   Sec. 25.  Section 717B.1, Code 2009, is amended by adding the
following new subsection:
   NEW SUBSECTION.  3A.  "Department" means the department of
agriculture and land stewardship.
   Sec. 26.  REPEAL.  Sections 162.9, 162.10, and 162.18, Code
2009, are repealed.
   Sec. 27.  CURRENT DEPARTMENTAL RULES.  This Act does not
diminish the authority of the department of agriculture and
land stewardship to regulate different types of commercial
establishments as provided in 21 IAC ch. 67.
   Sec. 28.  ISSUANCE OF PERMITS.  This Act does not require
a commercial establishment that has been issued or renewed a
certificate of registration to be issued a permit earlier than
required in section 162.2A for the renewal of a permit. The
person shall hold the certificate of registration in the same
manner as a permit pursuant to this Act.
   Sec. 29.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed
of immediate importance, takes effect upon enactment.


                                                            
                              PATRICK J. MURPHY
                              Speaker of the House


                                                            
                              JOHN P. KIBBIE
                              President of the Senate
   I hereby certify that this bill originated in the House and
is known as House File 2280, Eighty=third General Assembly.


                                                            
                              MARK BRANDSGARD
                              Chief Clerk of the House
Approved                , 2010


                                                            
                              CHESTER J. CULVER
                              Governor

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