Read the full stored bill text
House
File
2298
-
Introduced
HOUSE
FILE
2298
BY
FETT
A
BILL
FOR
An
Act
providing
for
the
regulation
of
commercial
1
establishments
possessing
or
controlling
nonagricultural
2
animals,
providing
penalties,
and
making
penalties
3
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
5459YH
(3)
91
da/js
H.F.
2298
Section
1.
Section
162.2,
subsection
7,
Code
2026,
is
1
amended
by
striking
the
subsection.
2
Sec.
2.
Section
162.2,
subsections
8
and
9,
Code
2026,
are
3
amended
to
read
as
follows:
4
8.
a.
“Commercial
breeder”
means
a
person,
engaged
in
the
5
business
of
breeding
dogs
or
cats,
who
sells,
exchanges,
or
6
leases
dogs
or
cats
in
return
for
consideration,
or
who
offers
7
to
do
so,
whether
or
not
the
animals
are
raised,
trained,
8
groomed,
or
boarded
by
the
person.
A
9
b.
Notwithstanding
paragraph
“a”
,
“commercial
breeder”
10
does
not
mean
a
person
who
owns
or
harbors
three
six
or
fewer
11
breeding
males
or
females
is
not
a
commercial
breeder
.
12
9.
“Commercial
establishment”
or
“establishment”
means
an
13
animal
shelter,
boarding
kennel,
commercial
breeder,
commercial
14
kennel,
dealer,
pet
shop,
pound,
public
auction,
or
research
15
facility.
16
Sec.
3.
Section
162.2,
subsection
26,
paragraph
a,
Code
17
2026,
is
amended
to
read
as
follows:
18
a.
A
boarding
kennel,
commercial
kennel
,
or
pet
shop
to
whom
19
a
state
license
is
issued
by
the
department
pursuant
to
section
20
162.2A
.
21
Sec.
4.
Section
162.2A,
subsection
1,
paragraph
b,
Code
22
2026,
is
amended
to
read
as
follows:
23
b.
A
state
license
for
a
boarding
kennel,
commercial
kennel
,
24
or
pet
shop.
25
Sec.
5.
Section
162.4A,
Code
2026,
is
amended
to
read
as
26
follows:
27
162.4A
Operation
of
a
research
facility
——
certificate
of
28
registration.
29
A
research
facility
shall
only
operate
pursuant
to
a
30
certificate
of
registration
issued
by
the
department
as
31
provided
in
section
162.2A
.
The
research
facility
shall
32
maintain
records
as
required
by
the
department
in
order
for
the
33
department
to
ensure
the
research
facility’s
compliance
with
34
the
provisions
of
this
chapter
.
A
research
facility
shall
not
35
-1-
LSB
5459YH
(3)
91
da/js
1/
11
H.F.
2298
purchase
a
dog
or
cat
from
a
commercial
establishment
that
does
1
not
have
a
valid
authorization
issued
or
renewed
under
this
2
chapter
or
a
similar
authorization
issued
or
renewed
by
another
3
state
.
4
Sec.
6.
Section
162.5,
Code
2026,
is
amended
to
read
as
5
follows:
6
162.5
Operation
of
a
pet
shop
——
state
license.
7
A
pet
shop
shall
only
operate
pursuant
to
a
state
license
8
issued
or
renewed
by
the
department
pursuant
to
section
9
162.2A
.
The
pet
shop
shall
maintain
records
as
required
by
the
10
department
in
order
for
the
department
to
ensure
the
pet
shop’s
11
compliance
with
the
provisions
of
this
chapter
.
A
pet
shop
12
shall
not
purchase
a
dog
or
cat
from
a
commercial
establishment
13
that
does
not
have
a
valid
authorization
issued
or
renewed
14
under
this
chapter
or
a
similar
authorization
issued
or
renewed
15
by
another
state
.
16
Sec.
7.
Section
162.6,
Code
2026,
is
amended
to
read
as
17
follows:
18
162.6
Operation
of
a
commercial
kennel
——
state
license.
19
A
commercial
kennel
shall
only
operate
pursuant
to
a
state
20
license
issued
or
renewed
by
the
department
as
provided
in
21
section
162.2A
.
A
commercial
kennel
shall
maintain
records
22
as
required
by
the
department
in
order
for
the
department
to
23
ensure
the
commercial
kennel’s
compliance
with
the
provisions
24
of
this
chapter
.
A
commercial
kennel
shall
not
purchase
a
dog
25
or
cat
from
a
commercial
establishment
that
does
not
have
a
26
valid
authorization
issued
or
renewed
under
this
chapter
or
a
27
similar
authorization
issued
or
renewed
by
another
state
.
28
Sec.
8.
Section
162.7,
Code
2026,
is
amended
to
read
as
29
follows:
30
162.7
Operation
of
a
dealer
——
state
license
or
permit.
31
A
dealer
shall
only
operate
pursuant
to
a
state
license,
32
or
a
permit
,
issued
or
renewed
by
the
department
as
provided
33
in
section
162.2A
.
A
dealer
who
is
a
state
licensee
shall
34
maintain
records
as
required
by
the
department
in
order
for
the
35
-2-
LSB
5459YH
(3)
91
da/js
2/
11
H.F.
2298
department
to
ensure
compliance
with
the
provisions
of
this
1
chapter
.
A
dealer
who
is
a
permittee
may
but
is
not
required
2
to
maintain
records.
A
dealer
shall
not
purchase
a
dog
or
cat
3
from
a
commercial
establishment
that
does
not
have
a
valid
4
authorization
issued
or
renewed
under
this
chapter
or
a
similar
5
authorization
issued
or
renewed
by
another
state
.
6
Sec.
9.
Section
162.8,
Code
2026,
is
amended
to
read
as
7
follows:
8
162.8
Operation
of
a
commercial
breeder
——
state
license
or
9
permit.
10
A
commercial
breeder
shall
only
operate
pursuant
to
a
state
11
license,
or
a
permit,
issued
or
renewed
by
the
department
12
as
provided
in
section
162.2A
.
A
commercial
breeder
who
is
13
a
state
licensee
shall
maintain
records
as
required
by
the
14
department
in
order
for
the
department
to
ensure
the
commercial
15
breeder’s
compliance
with
the
provisions
of
this
chapter
.
A
16
commercial
breeder
who
is
a
permittee
may
but
is
not
required
17
to
maintain
records.
A
commercial
breeder
shall
not
purchase
a
18
dog
or
cat
from
a
commercial
establishment
that
does
not
have
a
19
valid
authorization
issued
or
renewed
under
this
chapter
or
a
20
similar
authorization
issued
or
renewed
by
another
state
.
21
Sec.
10.
Section
162.9A,
Code
2026,
is
amended
to
read
as
22
follows:
23
162.9A
Operation
of
a
public
auction
——
state
license
or
24
permit.
25
A
public
auction
shall
only
operate
pursuant
to
a
state
26
license,
or
a
permit,
issued
or
renewed
by
the
department
as
27
provided
in
section
162.2A
.
A
public
auction
which
that
is
28
a
state
licensee
shall
maintain
records
as
required
by
the
29
department
in
order
for
the
department
to
ensure
the
public
30
auction’s
compliance
with
the
provisions
of
this
chapter
.
31
A
public
auction
which
that
is
a
permittee
may
but
is
not
32
required
to
maintain
records.
A
public
auction
shall
not
33
purchase
a
dog
or
cat
from
a
commercial
establishment
that
does
34
not
have
a
valid
authorization
issued
or
renewed
under
this
35
-3-
LSB
5459YH
(3)
91
da/js
3/
11
H.F.
2298
chapter
or
a
similar
authorization
issued
or
renewed
by
another
1
state
.
2
Sec.
11.
Section
162.10B,
Code
2026,
is
amended
to
read
as
3
follows:
4
162.10B
Commercial
establishments
——
inspecting
state
5
licensees
and
registrants.
6
1.
The
department
may
inspect
the
commercial
establishment
7
of
a
registrant
or
state
licensee
by
entering
onto
its
8
business
premises
at
any
time
during
normal
working
hours.
The
9
department
may
inspect
records
required
to
be
maintained
by
the
10
state
licensee
or
registrant
as
provided
in
this
chapter
.
If
11
the
owner
or
person
in
charge
of
the
commercial
establishment
12
refuses
admittance,
the
department
may
obtain
an
administrative
13
search
warrant
issued
under
section
808.14
.
14
2.
a.
The
number
of
regularly
scheduled
inspections
of
15
a
commercial
establishment
conducted
by
the
department
under
16
subsection
1
shall
correspond
to
a
tier
assigned
to
the
17
commercial
establishment
by
the
department.
The
department
18
shall
establish
two
or
more
tiers
based
on
factors
that
assess
19
the
level
of
risk
that
commercial
establishments
assigned
20
to
that
tier
may
violate
the
standard
of
care
requirements
21
described
in
section
162.10A,
subsection
1,
to
a
degree
that
22
endangers
the
health
of
an
animal
in
the
possession
or
under
23
the
control
of
the
commercial
establishment.
24
b.
Paragraph
“a”
does
not
limit
the
department
from
25
conducting
an
unscheduled
inspection
as
necessary
to
ensure
a
26
commercial
establishment
is
complying
with
the
requirements
of
27
this
chapter.
28
c.
If
the
department
determines
that
there
is
credible
29
evidence
that
a
commercial
establishment
may
be
violating
a
30
standard
of
care
requirement
as
described
in
section
162.10A,
31
subsection
1,
the
department
shall
inspect
the
commercial
32
establishment
within
twenty-four
hours
of
the
time
that
it
made
33
the
determination.
34
Sec.
12.
Section
162.10D,
Code
2026,
is
amended
by
adding
35
-4-
LSB
5459YH
(3)
91
da/js
4/
11
H.F.
2298
the
following
new
subsection:
1
NEW
SUBSECTION
.
01.
a.
The
department
may
suspend
or
2
revoke
an
authorization
issued
or
renewed
to
a
commercial
3
establishment
under
this
chapter
for
a
violation
of
a
provision
4
of
this
chapter.
5
b.
A
violation
of
this
chapter
includes
any
of
the
6
following:
7
(1)
The
refusal
by
a
commercial
establishment
operating
as
a
8
registrant
or
state
licensee
to
allow
the
department
to
conduct
9
an
inspection
pursuant
to
a
search
warrant.
10
(2)
The
effort
of
a
person
associated
with
the
commercial
11
establishment
operating
as
a
registrant
or
state
licensee
to
12
interfere
with
an
inspection.
13
Sec.
13.
Section
162.11,
subsection
2,
Code
2026,
is
amended
14
to
read
as
follows:
15
2.
This
chapter
does
not
apply
to
a
place
or
establishment
16
which
that
operates
under
the
immediate
supervision
of
a
17
duly
licensed
veterinarian
as
a
hospital
where
animals
are
18
harbored,
hospitalized,
and
cared
for
incidental
to
the
19
treatment,
prevention,
or
alleviation
of
disease
processes
20
during
the
routine
practice
of
the
profession
of
veterinary
21
medicine.
However,
if
animals
are
accepted
by
such
a
place,
22
establishment,
or
hospital
for
boarding
or
grooming
for
a
23
consideration,
the
place,
establishment,
or
hospital
is
subject
24
to
the
licensing
or
registration
requirements
applicable
to
a
25
boarding
kennel
or
commercial
kennel
under
this
chapter
and
the
26
rules
adopted
by
the
secretary.
27
Sec.
14.
Section
162.12,
Code
2026,
is
amended
to
read
as
28
follows:
29
162.12
Denial
or
revocation
of
license
or
registration.
30
A
certificate
of
registration
may
be
denied
to
any
animal
31
shelter,
pound,
or
research
facility
and
a
state
license
may
32
be
denied
to
any
public
auction,
boarding
kennel,
commercial
33
kennel,
pet
shop,
commercial
breeder,
or
dealer,
or
an
existing
34
certificate
of
registration
or
state
license
may
be
revoked
by
35
-5-
LSB
5459YH
(3)
91
da/js
5/
11
H.F.
2298
the
secretary
if,
after
public
hearing,
it
is
determined
that
1
the
housing
facilities
or
primary
enclosures
are
inadequate
2
under
this
chapter
or
if
the
feeding,
watering,
cleaning,
3
and
housing
practices
at
the
pound,
animal
shelter,
public
4
auction,
pet
shop,
boarding
kennel,
commercial
kennel,
or
5
research
facility,
or
those
practices
by
the
commercial
breeder
6
or
dealer,
are
not
in
compliance
with
this
chapter
or
with
7
the
rules
adopted
pursuant
to
this
chapter
.
The
premises
of
8
each
registrant
or
state
licensee
shall
be
open
for
inspection
9
during
normal
business
hours.
10
Sec.
15.
Section
162.12A,
Code
2026,
is
amended
to
read
as
11
follows:
12
162.12A
Civil
penalties.
13
1.
a.
The
department
shall
establish,
impose,
and
assess
14
civil
penalties
for
violations
of
this
chapter
.
15
b.
A
violation
of
this
chapter
includes
any
of
the
16
following:
17
(1)
The
refusal
by
a
commercial
establishment
to
allow
18
the
department
acting
pursuant
to
a
warrant
to
inspect
the
19
commercial
establishment
as
provided
in
section
162.10D.
20
(2)
The
effort
of
a
person
associated
with
the
commercial
21
establishment
to
interfere
with
a
department’s
inspection
as
22
provided
in
section
162.10D.
23
c.
The
department
may
by
rule
establish
a
schedule
of
civil
24
penalties
for
violations
of
this
chapter
.
25
d.
All
civil
penalties
collected
under
this
section
shall
be
26
deposited
into
the
general
fund
of
the
state.
27
1.
2.
a.
A
commercial
establishment
that
operates
pursuant
28
to
an
authorization
issued
or
renewed
under
this
chapter
is
29
subject
to
a
civil
penalty
of
not
more
than
five
hundred
30
dollars,
regardless
of
the
number
of
animals
possessed
or
31
controlled
by
the
commercial
establishment,
for
violating
this
32
chapter
.
Except
as
provided
in
paragraph
“b”
,
each
day
that
a
33
violation
continues
shall
be
deemed
a
separate
offense.
34
b.
This
paragraph
applies
to
a
commercial
establishment
35
-6-
LSB
5459YH
(3)
91
da/js
6/
11
H.F.
2298
that
violates
a
standard
of
care
involving
housing
as
provided
1
in
section
162.10A
.
The
departmental
official
who
makes
2
a
determination
that
a
violation
exists
shall
provide
a
3
corrective
plan
to
the
commercial
establishment
describing
how
4
the
violation
will
be
corrected
within
a
compliance
period
of
5
not
more
than
fifteen
days
from
the
date
of
approval
by
the
6
official
of
the
corrective
plan.
The
civil
penalty
shall
not
7
exceed
five
hundred
dollars
for
the
first
day
of
the
violation.
8
After
that
day,
the
department
shall
not
impose
a
civil
penalty
9
for
the
violation
during
the
compliance
period.
The
department
10
shall
not
impose
an
additional
civil
penalty,
unless
the
11
commercial
establishment
fails
to
correct
the
violation
by
the
12
end
of
the
compliance
period.
If
the
commercial
establishment
13
fails
to
correct
the
violation
by
the
end
of
the
compliance
14
period,
each
day
that
the
violation
continues
shall
be
deemed
a
15
separate
offense.
16
2.
3.
A
commercial
establishment
that
does
not
operate
17
pursuant
to
an
authorization
issued
or
renewed
under
this
18
chapter
is
subject
to
a
civil
penalty
of
not
more
than
one
19
thousand
dollars,
regardless
of
the
number
of
animals
possessed
20
or
controlled
by
the
commercial
establishment,
for
violating
21
this
chapter
.
Each
day
that
a
violation
continues
shall
be
22
deemed
a
separate
offense.
23
Sec.
16.
Section
162.19,
Code
2026,
is
amended
to
read
as
24
follows:
25
162.19
Abandoned
animals
destroyed.
26
1.
Whenever
any
animal
is
left
with
a
veterinarian
,
boarding
27
kennel
or
commercial
kennel
pursuant
to
a
written
agreement
and
28
the
owner
does
not
claim
the
animal
by
the
agreed
date,
the
29
animal
shall
be
deemed
abandoned,
and
a
notice
of
abandonment
30
and
its
consequences
shall
be
sent
within
seven
days
by
31
certified
mail
to
the
last
known
address
of
the
owner.
For
32
fourteen
days
after
mailing
of
the
notice
the
owner
shall
have
33
the
right
to
reclaim
the
animal
upon
payment
of
all
reasonable
34
charges,
and
after
the
fourteen
days
the
owner
shall
be
deemed
35
-7-
LSB
5459YH
(3)
91
da/js
7/
11
H.F.
2298
to
have
waived
all
rights
to
the
abandoned
animal.
If
despite
1
diligent
effort
an
owner
cannot
be
found
for
the
abandoned
2
animal
within
another
seven
days,
the
veterinarian
,
boarding
3
kennel,
or
commercial
kennel
may
humanely
destroy
the
abandoned
4
animal.
5
2.
Each
veterinarian
,
boarding
kennel
or
commercial
kennel
6
shall
warn
its
patrons
of
the
provisions
of
this
section
by
a
7
conspicuously
posted
notice
or
by
conspicuous
type
in
a
written
8
receipt.
9
Sec.
17.
Section
717A.1,
subsection
5,
paragraph
g,
Code
10
2026,
is
amended
by
striking
the
paragraph.
11
Sec.
18.
REPEAL.
Section
162.5A,
Code
2026,
is
repealed.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
BACKGROUND
——
GENERAL.
This
bill
amends
Code
chapter
16
162,
which
authorizes
the
department
of
agriculture
and
land
17
stewardship
(DALS)
to
regulate
commercial
establishments
that
18
possess
or
control
nonagricultural
animals
(Code
section
19
162.1),
including
dogs
and
cats.
The
types
of
regulated
20
commercial
establishments
include
animal
shelters,
boarding
21
kennels,
commercial
breeders,
commercial
kennels,
dealers,
22
pet
shops,
pounds,
public
auctions,
and
research
facilities
23
(Code
section
162.2).
A
commercial
establishment
operates
24
under
one
of
three
types
of
authorizations:
(1)
a
certificate
25
of
registration
for
a
pound,
animal
shelter,
or
research
26
facility;
(2)
a
state
license
for
a
boarding
kennel,
commercial
27
kennel,
or
pet
shop;
and
(3)
a
state
license
or
a
permit
for
28
a
commercial
breeder,
dealer,
or
public
auction.
A
permit
is
29
issued
to
a
commercial
breeder,
dealer,
or
public
auction
in
30
lieu
of
a
license
if
the
commercial
establishment
is
federally
31
licensed
by
the
United
States
department
of
agriculture
32
pursuant
to
the
federal
Animal
Welfare
Act
(see
Code
section
33
162.2(5)).
34
BACKGROUND
——
STANDARD
OF
CARE.
A
commercial
establishment
35
-8-
LSB
5459YH
(3)
91
da/js
8/
11
H.F.
2298
must
ensure
that
an
animal
in
its
possession
or
under
its
1
control
is
provided
an
adequate
standard
of
care,
including
2
adequate
feed,
adequate
water,
housing
facilities,
sanitary
3
control,
grooming
practices
affecting
the
health
of
the
animal,
4
and
veterinary
care
(Code
section
162.10A).
5
BACKGROUND
——
INSPECTIONS.
DALS
may
inspect
a
registrant
6
or
state
licensee
by
entering
onto
its
business
premises
and
7
may
inspect
its
records
(Code
section
162.10B).
DALS
may
8
monitor
a
permittee
by
entering
onto
its
business
premises
9
for
the
limited
purpose
of
determining
whether
the
permittee
10
is
providing
for
the
required
standard
of
care
(Code
section
11
162.10C).
12
BACKGROUND
——
DISCIPLINARY
ACTIONS.
DALS
may
take
13
disciplinary
action
against
a
commercial
establishment
14
by
suspending
or
revoking
the
commercial
establishment’s
15
authorization
(Code
section
162.10D).
16
BACKGROUND
——
PENALTIES.
A
commercial
establishment
that
17
operates
pursuant
to
an
authorization
is
subject
to
a
civil
18
penalty
of
not
more
than
$500
for
a
violation
of
the
Code
19
chapter,
regardless
of
the
number
of
animals
possessed
or
20
controlled
by
the
commercial
establishment
(Code
section
21
162.12A).
A
commercial
establishment
that
does
not
operate
22
pursuant
to
an
authorization
issued
or
renewed
under
the
23
Code
chapter
is
subject
to
a
civil
penalty
of
not
more
24
than
$1,000
for
a
violation
of
the
Code
chapter,
regardless
25
of
the
number
of
animals
possessed
or
controlled
by
the
26
commercial
establishment.
A
person
who
operates
a
commercial
27
establishment
without
an
authorization
issued
or
renewed
28
by
DALS
is
guilty
of
a
simple
misdemeanor
and
each
day
of
29
operation
is
a
separate
offense
(Code
section
162.13).
A
30
person
who
violates
a
standard
of
care
is
also
guilty
of
a
31
simple
misdemeanor.
A
simple
misdemeanor
is
punishable
by
32
confinement
for
no
more
than
30
days
and
a
fine
of
at
least
$105
33
but
not
more
than
$855
(Code
section
162.13).
34
BILL’S
PROVISIONS
——
TYPES
OF
COMMERCIAL
ESTABLISHMENTS.
35
-9-
LSB
5459YH
(3)
91
da/js
9/
11
H.F.
2298
Under
current
law,
a
commercial
breeder
is
a
person
who
is
1
engaged
in
the
business
of
breeding
more
than
three
male
or
2
female
dogs
or
cats.
The
bill
increases
that
exception
to
3
more
than
six
male
or
female
dogs
or
cats.
Under
current
law,
4
a
commercial
kennel
is
a
business
that
performs
grooming,
5
boarding,
or
training
services
for
dogs
or
cats
and
a
boarding
6
kennel
is
a
commercial
establishment
that
shelters
and
7
maintains
dogs
or
cats.
The
bill
eliminates
a
boarding
kennel
8
as
a
type
of
commercial
establishment
subject
to
regulation.
9
BILL’S
PROVISIONS
——
OUT-OF-STATE
AUTHORIZATIONS.
The
bill
10
provides
that
a
commercial
establishment
is
no
longer
able
to
11
do
business
in
this
state
under
an
authorization
issued
or
12
renewed
by
another
state.
13
BILL’S
PROVISIONS
——
INSPECTIONS.
The
bill
provides
14
requirements
for
regularly
scheduled
inspections
of
a
15
commercial
establishment
that
is
operated
by
a
registrant
16
or
state
licensee.
DALS
is
required
to
establish
scheduled
17
inspection
tiers
based
on
factors
that
assess
the
level
of
risk
18
that
a
commercial
establishment
may
violate
the
standard
of
19
care
requirements.
The
bill’s
provisions
do
not
limit
DALS
20
from
conducting
an
unscheduled
inspection
as
necessary
to
21
ensure
compliance
with
the
requirements
of
the
Code
chapter,
22
including
standard
of
care
requirements.
DALS
must
conduct
an
23
inspection
of
a
commercial
establishment
within
24
hours
of
24
the
time
that
it
makes
a
determination
that
there
is
credible
25
evidence
that
the
commercial
establishment
has
violated
a
26
standard
of
care
requirement.
27
BILL’S
PROVISIONS
——
DISCIPLINARY
ACTION.
The
bill
provides
28
that
DALS
may
suspend
or
revoke
a
registration
or
state
license
29
issued
or
renewed
to
a
commercial
establishment
due
to
the
30
commercial
establishment’s
refusal
to
allow
DALS
to
conduct
an
31
inspection
or
due
to
the
interference
of
an
inspection
by
a
32
person
associated
with
the
commercial
establishment.
33
BILL’S
PROVISIONS
——
CIVIL
PENALTIES.
The
bill
provides
34
that
a
commercial
establishment
operating
under
a
registration
35
-10-
LSB
5459YH
(3)
91
da/js
10/
11
H.F.
2298
or
state
license
that
fails
to
allow
DALS
to
conduct
an
1
inspection
or
a
person
associated
with
the
commercial
2
establishment
who
interferes
with
the
inspection
is
subject
to
3
a
civil
penalty.
4
-11-
LSB
5459YH
(3)
91
da/js
11/
11