Senate File 2290     



                                    SENATE FILE       
                                    BY  COMMITTEE ON
                                        AGRICULTURE

                                    (SUCCESSOR TO SF 2073)

                                         A BILL FOR

     1 An Act relating to persons who are no longer authorized to
     2    operate as commercial breeders, and providing for penalties.
     3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 162.2A, Code 2011, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  6.  A commercial establishment may
  1  4 relinquish an authorization issued or renewed by the department
  1  5 pursuant to this section, in a manner required by the
  1  6 department.
  1  7    NEW SUBSECTION.  7.  Notwithstanding this section, the
  1  8 department may issue a temporary authorization to a person in
  1  9 order to wind up the affairs of a commercial establishment.
  1 10    Sec. 2.  NEW SECTION.  162.8A  Operation of a commercial
  1 11 breeder == authorization invalid.
  1 12    1.  This section applies to a person issued an authorization
  1 13 by the department in the form of a state license or permit,
  1 14 for operation as a commercial breeder, if the person's
  1 15 authorization becomes invalid because it has expired and has
  1 16 not been renewed by the department as provided in section
  1 17 162.2A, was revoked by the department as provided in section
  1 18 162.10D, or was relinquished to the department as provided in
  1 19 section 162.2A.
  1 20    2.  Not later than one hundred twenty days after the person's
  1 21 authorization is no longer valid, the person must at least do
  1 22 one of the following:
  1 23    a.  Obtain a new authorization issued by the department to
  1 24 operate as a commercial breeder.
  1 25    b.  Sterilize the dogs or cats in the same manner as
  1 26 prescribed in section 162.20.
  1 27    c.  Dispose of the dogs or cats.  The person may accomplish
  1 28 the disposition by transferring title, possession, and control
  1 29 of unsterilized dogs or cats to another person.  The person may
  1 30 sell the dogs or cats to another person if issued a temporary
  1 31 authorization as provided in section 162.2A.  Alternatively,
  1 32 the person may accomplish the disposition by humane destruction
  1 33 in the manner provided in section 162.13.
  1 34    3.  Not later than one hundred twenty days after the person's
  1 35 authorization is no longer valid, the person shall submit a
  2  1 written statement to the department.  The statement shall
  2  2 detail how the person complied with the requirements of this
  2  3 section, including by identifying the dogs or cats that have
  2  4 been sterilized or disposed of by transfer to another or humane
  2  5 destruction.  The statement shall also identify the dogs or
  2  6 cats that were not sterilized or subject to disposition as
  2  7 allowed in this section.
  2  8    4.  The person is subject to the provisions of chapter 717B.
  2  9    5.  Notwithstanding subsection 2, a person whose
  2 10 authorization becomes invalid may continue to own, possess, and
  2 11 control up to three dogs or cats capable of breeding.
  2 12    Sec. 3.  Section 162.12A, Code 2011, is amended by adding the
  2 13 following new subsection:
  2 14    NEW SUBSECTION.  1A.  A person whose authorization to operate
  2 15 as a commercial breeder is invalid and who does not comply
  2 16 with the requirements of section 162.8A is subject to a civil
  2 17 penalty of not more than five hundred dollars.  Each day that a
  2 18 violation continues shall be deemed a separate offense.
  2 19                           EXPLANATION
  2 20    BACKGROUND.  In 2010, the general assembly enacted HF
  2 21 2280 (2010 Iowa Acts, ch. 1030) authorizing the department
  2 22 of agriculture and land stewardship (department) to regulate
  2 23 commercial establishments that possess or control animals,
  2 24 other than animals used for an agricultural purpose (Code
  2 25 chapter 162). A commercial establishment includes an animal
  2 26 shelter, pound, or research facility which must be issued a
  2 27 certificate of registration; a pet shop, boarding kennel, or
  2 28 commercial kennel which must be issued a state license; and
  2 29 a commercial breeder, dealer, or public auction which must
  2 30 be issued a state license, but may be issued a permit if
  2 31 federally licensed.  All of these documents are referred to
  2 32 as authorizations (Code section 162.2A).  The department may
  2 33 take disciplinary action against a commercial establishment by
  2 34 suspending or revoking its authorization.
  2 35    RELINQUISHMENT.  The bill provides that a commercial
  3  1 establishment may relinquish an authorization according to
  3  2 rules adopted by the department.
  3  3    COMMERCIAL BREEDERS WHOSE STATE LICENSES OR PERMITS HAVE
  3  4 BEEN REVOKED OR RELINQUISHED.  The bill provides that a person
  3  5 whose state license or permit for operation as a commercial
  3  6 breeder was revoked must comply with one of three requirements.
  3  7 First, the person may obtain a new state license or permit.
  3  8 Second, the person may sterilize the dogs or cats. Third,
  3  9 the person may reduce the number of dogs or cats owned by the
  3 10 person or in the person's possession or under its control.
  3 11 The reduction may be accomplished by transfer or humane
  3 12 destruction.  The person must also submit a statement to the
  3 13 department verifying how the person complied with the bill's
  3 14 requirements. Notwithstanding the sterilization and reduction
  3 15 requirements, the person may keep three or fewer breeding dogs
  3 16 or cats.
  3 17    CIVIL PENALTIES.  The bill provides that a person who does
  3 18 not comply with the compliance requirements is subject to a
  3 19 civil penalty of not more than $500 and each day that violation
  3 20 continues constitutes a separate offense.
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