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Senate
File
2135
-
Introduced
SENATE
FILE
2135
BY
PETERSEN
A
BILL
FOR
An
Act
providing
for
the
regulation
of
commercial
1
establishments
possessing
or
controlling
animals
other
than
2
agricultural
animals,
providing
fees,
making
appropriations,
3
providing
penalties,
and
making
penalties
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
162.2,
subsection
6,
Code
2026,
is
1
amended
to
read
as
follows:
2
6.
“Authorization”
means
a
state
license,
certificate
of
3
registration
,
or
permit
or
state
license
issued
or
renewed
by
4
the
department
to
a
commercial
establishment
as
provided
in
5
section
162.2A
.
6
Sec.
2.
Section
162.2,
subsection
17,
Code
2026,
is
amended
7
by
striking
the
subsection.
8
Sec.
3.
Section
162.2,
subsection
26,
Code
2026,
is
amended
9
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
10
following:
11
26.
“State
licensee”
means
a
boarding
kennel,
commercial
12
breeder,
commercial
kennel,
dealer,
pet
shop,
or
public
auction
13
required
to
operate
under
a
state
license
issued
or
renewed
by
14
the
department
pursuant
to
section
162.2A.
15
Sec.
4.
Section
162.2A,
subsections
1,
2,
and
4,
Code
2026,
16
are
amended
to
read
as
follows:
17
1.
The
department
shall
provide
for
regulate
the
operation
18
of
a
commercial
establishment
by
issuing
or
renewing
an
19
authorization,
including
any
of
the
following:
20
a.
A
certificate
of
registration
for
to
a
pound,
animal
21
shelter,
or
research
facility.
22
b.
A
state
license
for
to
a
boarding
kennel,
commercial
23
breeder,
commercial
kennel,
or
dealer,
pet
shop
,
or
public
24
auction
.
25
c.
A
state
license
or
permit
for
a
commercial
breeder,
26
dealer,
or
public
auction.
A
federal
licensee
must
apply
for
27
and
be
issued
either
a
permit
or
a
state
license
in
lieu
of
a
28
permit.
29
2.
A
person
must
be
issued
a
separate
state
license,
30
certificate
of
registration
,
or
permit
state
license
for
each
31
commercial
establishment
owned
or
operated
by
the
person.
32
4.
The
An
authorization
expires
on
an
annual
basis
as
33
period
is
twelve
months
as
provided
by
the
department
,
and
.
An
34
authorization
must
be
renewed
by
the
commercial
establishment
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on
an
annual
basis
on
or
before
the
authorization’s
expiration
1
date.
2
Sec.
5.
Section
162.2A,
Code
2026,
is
amended
by
adding
the
3
following
new
subsection:
4
NEW
SUBSECTION
.
3A.
The
department
shall
refuse
to
approve
5
an
application
by
a
commercial
establishment
for
the
issuance
6
of
an
authorization,
if
there
is
substantial
evidence
that
the
7
commercial
establishment
will
not
provide
a
standard
of
care
8
required
for
animals
in
its
possession
or
under
its
control
as
9
provided
in
section
162.10A.
10
Sec.
6.
Section
162.2A,
subsection
5,
Code
2026,
is
amended
11
by
striking
the
subsection.
12
Sec.
7.
Section
162.2B,
subsection
1,
Code
2026,
is
amended
13
to
read
as
follows:
14
1.
a.
A
commercial
establishment
shall
pay
an
authorization
15
fees
fee
to
the
department
for
the
issuance
or
renewal
of
a
16
certificate
of
registration,
state
license,
or
permit.
an
17
authorization
as
follows:
18
a.
(1)
For
the
issuance
or
renewal
of
a
certificate
of
19
registration,
seventy-five
dollars.
20
b.
(2)
For
the
issuance
or
renewal
of
a
state
license
or
21
permit
,
one
hundred
seventy-five
dollars.
22
b.
If
the
department
is
required
to
conduct
more
than
23
one
inspection
of
a
commercial
establishment
during
the
same
24
authorization
period
as
provided
in
section
162.10B
because
25
the
commercial
establishment
violated
a
standard
of
care
as
26
provided
in
section
162.10A,
the
commercial
establishment
27
shall
pay
the
department
a
reinspection
fee
for
a
second
and
28
each
subsequent
inspection.
The
amount
of
the
reinspection
29
fee
shall
equal
one
hundred
fifty
dollars
plus
the
cost
of
the
30
round-trip
mileage
incurred
by
the
department
to
conduct
the
31
inspection
at
the
standard
mileage
rate
for
the
department.
32
Sec.
8.
Section
162.3,
Code
2026,
is
amended
to
read
as
33
follows:
34
162.3
Operation
of
a
pound
——
certificate
of
registration
as
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registrant
.
1
1.
A
pound
shall
only
operate
as
a
registrant
under
2
this
chapter
pursuant
to
a
certificate
of
registration
an
3
authorization
issued
or
renewed
by
the
department
as
provided
4
in
section
162.2A
,
regardless
of
whether
the
animal
shelter
is
5
a
federal
licensee
.
6
2.
A
pound
may
sell
dogs
or
cats
under
its
control
if
7
sales
are
allowed
by
the
department.
The
pound
shall
maintain
8
records
as
required
by
the
department
in
order
for
the
9
department
to
ensure
the
pound’s
compliance
with
the
provisions
10
of
this
chapter
.
11
Sec.
9.
Section
162.4,
Code
2026,
is
amended
to
read
as
12
follows:
13
162.4
Operation
of
an
animal
shelter
——
certificate
of
14
registration
as
registrant
.
15
1.
An
animal
shelter
shall
only
operate
as
a
registrant
16
under
this
chapter
pursuant
to
a
certificate
of
registration
an
17
authorization
issued
or
renewed
by
the
department
as
provided
18
in
section
162.2A
,
regardless
of
whether
the
animal
shelter
is
19
a
federal
licensee
.
20
2.
An
animal
shelter
may
sell
dogs
or
cats
if
sales
are
21
allowed
by
the
department.
The
animal
shelter
facility
shall
22
maintain
records
as
required
by
the
department
in
order
for
the
23
department
to
ensure
the
animal
shelter’s
compliance
with
the
24
provisions
of
this
chapter
.
25
Sec.
10.
Section
162.4A,
Code
2026,
is
amended
to
read
as
26
follows:
27
162.4A
Operation
of
a
research
facility
——
certificate
of
28
registration
as
registrant
.
29
1.
A
research
facility
shall
only
operate
as
a
registrant
30
under
this
chapter
pursuant
to
a
certificate
of
registration
an
31
authorization
issued
by
the
department
as
provided
in
section
32
162.2A
,
regardless
of
whether
the
research
facility
is
a
33
federal
licensee
.
The
34
2.
A
research
facility
shall
maintain
records
as
required
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by
the
department
in
order
for
the
department
to
ensure
the
1
research
facility’s
compliance
with
the
provisions
of
this
2
chapter
.
3
3.
A
research
facility
shall
not
purchase
a
dog
or
cat
4
from
a
commercial
establishment
that
does
not
have
a
valid
5
authorization
issued
or
renewed
under
this
chapter
or
a
similar
6
authorization
issued
or
renewed
by
another
state.
7
Sec.
11.
Section
162.5,
Code
2026,
is
amended
to
read
as
8
follows:
9
162.5
Operation
of
a
pet
shop
——
as
state
license
licensee
.
10
1.
A
pet
shop
shall
only
operate
as
a
state
licensee
under
11
this
chapter
pursuant
to
a
state
license
an
authorization
12
issued
or
renewed
by
the
department
pursuant
to
section
162.2A
,
13
regardless
of
whether
the
pet
shop
is
a
federal
licensee
.
14
2.
The
pet
shop
shall
maintain
records
as
required
by
the
15
department
in
order
for
the
department
to
ensure
the
pet
shop’s
16
compliance
with
the
provisions
of
this
chapter
.
17
3.
A
pet
shop
shall
not
purchase
a
dog
or
cat
from
18
a
commercial
establishment
that
does
not
have
a
valid
19
authorization
issued
or
renewed
under
this
chapter
or
a
similar
20
authorization
issued
or
renewed
by
another
state.
21
Sec.
12.
Section
162.5A,
Code
2026,
is
amended
to
read
as
22
follows:
23
162.5A
Operation
of
a
boarding
kennel
——
as
state
license
24
licensee
.
25
1.
A
boarding
kennel
shall
only
operate
as
a
state
26
licensee
under
this
chapter
pursuant
to
a
state
license
an
27
authorization
issued
by
the
department
as
provided
in
section
28
162.2A
,
regardless
of
whether
the
boarding
kennel
is
a
federal
29
licensee
.
The
30
2.
A
boarding
kennel
shall
maintain
records
as
required
31
by
the
department
in
order
for
the
department
to
ensure
the
32
boarding
kennel’s
compliance
with
the
provisions
of
this
33
chapter
.
34
3.
A
boarding
kennel
shall
not
purchase
a
dog
or
cat
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from
a
commercial
establishment
that
does
not
have
a
valid
1
authorization
issued
or
renewed
under
this
chapter
or
a
similar
2
authorization
issued
or
renewed
by
another
state.
3
Sec.
13.
Section
162.6,
Code
2026,
is
amended
to
read
as
4
follows:
5
162.6
Operation
of
a
commercial
kennel
——
as
state
license
6
licensee
.
7
1.
A
commercial
kennel
shall
only
operate
as
a
state
8
licensee
under
this
chapter
pursuant
to
a
state
license
an
9
authorization
issued
or
renewed
by
the
department
as
provided
10
in
section
162.2A
,
regardless
of
whether
the
commercial
kennel
11
is
a
federal
licensee
.
12
2.
A
commercial
kennel
shall
maintain
records
as
required
13
by
the
department
in
order
for
the
department
to
ensure
the
14
commercial
kennel’s
compliance
with
the
provisions
of
this
15
chapter
.
16
3.
A
commercial
kennel
shall
not
purchase
a
dog
or
cat
17
from
a
commercial
establishment
that
does
not
have
a
valid
18
authorization
issued
or
renewed
under
this
chapter
or
a
similar
19
authorization
issued
or
renewed
by
another
state.
20
Sec.
14.
Section
162.7,
Code
2026,
is
amended
to
read
as
21
follows:
22
162.7
Operation
of
a
dealer
——
as
state
license
or
permit
23
licensee
.
24
1.
A
dealer
shall
only
operate
as
a
state
licensee
under
25
this
chapter
pursuant
to
a
state
license,
or
a
permit,
an
26
authorization
issued
or
renewed
by
the
department
as
provided
27
in
section
162.2A
,
regardless
of
whether
the
dealer
is
a
28
federal
licensee
.
29
2.
A
dealer
who
is
a
state
licensee
shall
maintain
records
30
as
required
by
the
department
in
order
for
the
department
to
31
ensure
compliance
with
the
provisions
of
this
chapter
.
A
32
dealer
who
is
a
permittee
may
but
is
not
required
to
maintain
33
records.
34
3.
A
dealer
shall
not
purchase
a
dog
or
cat
from
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a
commercial
establishment
that
does
not
have
a
valid
1
authorization
issued
or
renewed
under
this
chapter
or
a
similar
2
authorization
issued
or
renewed
by
another
state.
3
Sec.
15.
Section
162.8,
Code
2026,
is
amended
to
read
as
4
follows:
5
162.8
Operation
of
a
commercial
breeder
——
as
state
license
6
or
permit
licensee
.
7
1.
A
commercial
breeder
shall
only
operate
as
a
state
8
licensee
under
this
chapter
pursuant
to
a
state
license,
or
a
9
permit,
an
authorization
issued
or
renewed
by
the
department
10
as
provided
in
section
162.2A
,
regardless
of
whether
the
11
commercial
breeder
is
a
federal
licensee
.
12
2.
A
commercial
breeder
who
is
a
state
licensee
shall
13
maintain
records
as
required
by
the
department
in
order
for
the
14
department
to
ensure
the
commercial
breeder’s
compliance
with
15
the
provisions
of
this
chapter
.
A
commercial
breeder
who
is
a
16
permittee
may
but
is
not
required
to
maintain
records.
17
3.
A
commercial
breeder
shall
not
purchase
a
dog
or
cat
18
from
a
commercial
establishment
that
does
not
have
a
valid
19
authorization
issued
or
renewed
under
this
chapter
or
a
similar
20
authorization
issued
or
renewed
by
another
state.
21
Sec.
16.
Section
162.9A,
Code
2026,
is
amended
to
read
as
22
follows:
23
162.9A
Operation
of
a
public
auction
——
as
state
license
or
24
permit
licensee
.
25
1.
A
public
auction
shall
only
operate
as
a
state
licensee
26
under
this
chapter
pursuant
to
a
state
license,
or
a
permit,
an
27
authorization
issued
or
renewed
by
the
department
as
provided
28
in
section
162.2A
,
regardless
of
whether
the
public
auction
is
29
a
federal
licensee
.
30
2.
A
public
auction
which
is
a
state
licensee
shall
31
maintain
records
as
required
by
the
department
in
order
for
32
the
department
to
ensure
the
public
auction’s
compliance
with
33
the
provisions
of
this
chapter
.
A
public
auction
which
is
a
34
permittee
may
but
is
not
required
to
maintain
records.
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3.
A
public
auction
shall
not
purchase
a
dog
or
cat
1
from
a
commercial
establishment
that
does
not
have
a
valid
2
authorization
issued
or
renewed
under
this
chapter
or
a
similar
3
authorization
issued
or
renewed
by
another
state.
4
Sec.
17.
Section
162.10A,
subsection
1,
Code
2026,
is
5
amended
by
adding
the
following
new
paragraph:
6
NEW
PARAGRAPH
.
c.
The
department
shall
adopt
all
rules
7
necessary
or
desirable
to
fully
provide
for
an
animal’s
8
standard
of
care.
9
Sec.
18.
Section
162.10A,
subsection
2,
Code
2026,
is
10
amended
by
striking
the
subsection.
11
Sec.
19.
Section
162.10B,
Code
2026,
is
amended
to
read
as
12
follows:
13
162.10B
Commercial
establishments
——
inspecting
state
14
licensees
and
registrants
inspections
.
15
1.
The
department
shall
inspect
a
commercial
establishment
16
once
during
the
commercial
establishment’s
authorization
period
17
as
provided
in
section
162.2A.
However,
the
department
may
18
inspect
a
commercial
establishment
more
than
once
during
the
19
same
authorization
period
if
the
department
determines
that
the
20
inspection
is
necessary
in
order
to
administer
and
enforce
the
21
provisions
of
this
chapter.
22
2.
The
department
may
shall
inspect
the
a
commercial
23
establishment
of
a
registrant
or
state
licensee
by
entering
24
onto
its
business
premises
at
any
time
during
normal
working
25
hours.
The
department
may
shall
inspect
records
required
to
26
be
maintained
by
the
state
licensee
or
registrant
commercial
27
establishment
as
provided
in
this
chapter
.
If
the
owner
,
28
operator,
or
person
in
charge
of
the
commercial
establishment
29
refuses
admittance,
the
department
may
obtain
an
administrative
30
search
warrant
issued
under
section
808.14
.
31
Sec.
20.
Section
162.10D,
Code
2026,
is
amended
to
read
as
32
follows:
33
162.10D
Commercial
establishments
——
disciplinary
actions
34
Disciplinary
action
——
suspending
or
revoking
authorization
.
35
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1.
The
department
may
take
disciplinary
action
against
a
1
person
commercial
establishment
as
provided
in
this
section
or
2
section
162.12A.
The
department
may
take
disciplinary
action
3
under
this
section
by
suspending
or
revoking
the
person’s
4
commercial
establishment’s
authorization
for
violating
a
5
provision
of
this
chapter
or
,
committing
an
offense
under
6
chapter
717B
,
or
who
commits
committing
an
unlawful
practice
7
under
section
714.16
.
8
2.
a.
The
department
may
require
an
owner,
operator,
or
9
employee
of
a
commercial
establishment
subject
to
disciplinary
10
action
under
subsection
1
to
complete
a
continuing
education
11
program
as
a
condition
for
retaining
an
authorization.
This
12
section
paragraph
does
not
prevent
a
person
from
voluntarily
13
participating
in
a
continuing
education
program.
14
3.
b.
The
department
shall
administer
the
continuing
15
education
program
by
either
providing
direct
instruction
or
16
selecting
persons
to
provide
such
instruction.
The
department
17
is
not
required
to
compensate
persons
for
providing
the
18
instruction,
and
may
require
attendees
to
pay
reasonable
19
fees
necessary
to
compensate
the
department
providing
20
the
instruction
or
a
person
selected
by
the
department
to
21
provide
the
instruction.
The
department
shall,
to
every
22
extent
possible,
select
persons
to
provide
the
instruction
23
by
consulting
with
organizations
that
represent
commercial
24
establishments,
including
but
not
limited
to
the
Iowa
pet
25
breeders
association.
26
4.
c.
The
department
shall
establish
the
criteria
for
a
27
continuing
education
program
which
shall
include
at
least
three
28
and
not
more
than
eight
hours
of
instruction.
The
department
29
shall
provide
for
the
program’s
beginning
and
ending
dates.
30
However,
a
person
must
complete
the
program
in
twelve
months
31
or
less.
32
Sec.
21.
Section
162.11,
subsection
1,
Code
2026,
is
amended
33
by
striking
the
subsection.
34
Sec.
22.
Section
162.12A,
Code
2026,
is
amended
to
read
as
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follows:
1
162.12A
Civil
Disciplinary
action
——
civil
penalties.
2
The
department
shall
establish,
impose,
and
assess
may
3
take
disciplinary
action
against
a
commercial
establishment
4
as
provided
in
this
section
or
section
162.10D.
The
5
department
may
take
disciplinary
action
under
this
section
6
by
establishing,
imposing,
and
assessing
civil
penalties
7
for
violations
of
this
chapter
.
The
department
may
by
rule
8
establish
a
schedule
of
civil
penalties
for
violations
of
this
9
chapter
.
All
civil
penalties
collected
under
this
section
10
shall
be
deposited
into
the
general
fund
of
the
state.
11
1.
a.
A
commercial
establishment
that
operates
pursuant
12
to
an
authorization
issued
or
renewed
under
this
chapter
is
13
subject
to
a
civil
penalty
of
not
more
than
five
hundred
one
14
thousand
dollars,
regardless
of
the
number
of
animals
possessed
15
or
controlled
by
the
commercial
establishment,
for
violating
16
this
chapter
.
Except
as
provided
in
paragraph
“b”
,
each
day
17
that
a
violation
continues
shall
be
deemed
a
separate
offense.
18
b.
This
paragraph
applies
to
a
commercial
establishment
19
that
violates
a
standard
of
care
involving
housing
as
provided
20
in
section
162.10A
.
The
departmental
official
who
makes
21
a
determination
that
a
violation
exists
shall
provide
a
22
corrective
plan
to
the
commercial
establishment
describing
how
23
the
violation
will
be
corrected
within
a
compliance
period
of
24
not
more
than
fifteen
days
from
the
date
of
approval
by
the
25
official
of
the
corrective
plan.
The
civil
penalty
shall
not
26
exceed
five
hundred
one
thousand
dollars
for
the
first
day
27
of
the
violation.
After
that
day,
the
department
shall
not
28
impose
a
civil
penalty
for
the
violation
during
the
compliance
29
period.
The
department
shall
not
impose
an
additional
civil
30
penalty,
unless
the
commercial
establishment
fails
to
correct
31
the
violation
by
the
end
of
the
compliance
period.
If
the
32
commercial
establishment
fails
to
correct
the
violation
by
33
the
end
of
the
compliance
period,
each
day
that
the
violation
34
continues
shall
be
deemed
a
separate
offense.
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2.
A
commercial
establishment
that
does
not
operate
1
pursuant
to
an
authorization
issued
or
renewed
under
this
2
chapter
is
subject
to
a
civil
penalty
of
not
more
than
one
two
3
thousand
dollars,
regardless
of
the
number
of
animals
possessed
4
or
controlled
by
the
commercial
establishment,
for
violating
5
this
chapter
.
Each
day
that
a
violation
continues
shall
be
6
deemed
a
separate
offense.
7
Sec.
23.
Section
717B.2,
subsection
2,
paragraph
l,
Code
8
2026,
is
amended
to
read
as
follows:
9
l.
An
act
required
to
be
carried
out
by
a
commercial
10
establishment
to
care
for
an
animal
in
its
possession
or
11
under
its
control
as
described
in
section
162.10A,
subsection
12
1,
provided
that
the
commercial
establishment
complies
13
with
applicable
standard
of
care
requirements
pursuant
to
14
subsections
1
and
2
of
that
provided
in
that
section
,
including
15
applicable
rules
adopted
by
the
department
.
16
Sec.
24.
Section
717B.3,
subsection
2,
Code
2026,
is
amended
17
to
read
as
follows:
18
2.
This
section
does
not
apply
to
any
of
the
following:
19
a.
A
person
commercial
establishment
operating
as
an
animal
20
shelter,
boarding
kennel,
commercial
breeder,
commercial
21
kennel,
dealer,
pet
shop,
pound,
or
public
auction,
pursuant
22
to
an
authorization
issued
or
renewed
an
authorization
to
23
operate
a
commercial
establishment,
or
a
person
acting
under
24
the
direction
or
supervision
of
that
person
by
the
department
25
pursuant
to
section
162.2A
,
if
all
of
the
following
apply:
26
(1)
The
animal,
as
described
in
subsection
1
,
was
maintained
27
as
part
of
the
commercial
establishment’s
operation.
28
(2)
In
providing
conditions
for
the
welfare
of
the
29
animal,
as
described
in
subsection
1
,
the
person
commercial
30
establishment
complied
with
the
standard
of
care
requirements
31
provided
in
section
162.10A,
subsection
1,
including
any
32
applicable
rules
adopted
by
the
department
applying
to
any
of
33
the
following:
.
34
(a)
A
state
licensee
or
registrant
operating
pursuant
to
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section
162.10A,
subsection
2
,
paragraph
“a”
.
1
(b)
A
permittee
operating
pursuant
to
section
162.10A,
2
subsection
2
,
paragraph
“b”
.
3
b.
A
commercial
establishment
operating
as
a
research
4
facility
,
as
defined
in
section
162.2
,
pursuant
to
an
5
authorization
issued
or
renewed
by
the
department
pursuant
6
to
section
162.2A
if
the
research
facility
has
been
issued
7
or
renewed
a
valid
authorization
by
the
department
pursuant
8
to
chapter
162
,
and
performs
functions
within
the
scope
of
9
accepted
practices
and
disciplines
associated
with
the
research
10
facility.
11
Sec.
25.
Section
717B.3A,
subsection
2,
paragraph
k,
Code
12
2026,
is
amended
to
read
as
follows:
13
k.
An
act
required
to
be
carried
out
by
a
commercial
14
establishment
to
care
for
an
animal
in
its
possession
or
15
under
its
control
as
described
provided
in
section
162.10A
,
16
subsection
1,
provided
that
the
commercial
establishment
17
complies
with
applicable
standard
of
care
requirements
pursuant
18
to
subsections
1
and
2
of
that
section
.
19
Sec.
26.
Section
717F.7,
subsection
20,
paragraph
b,
Code
20
2026,
is
amended
to
read
as
follows:
21
b.
The
person
is
registered
by
the
department
of
agriculture
22
and
land
stewardship.
Upon
a
complaint
filed
with
the
23
department
of
agriculture
and
land
stewardship,
the
department
24
may
inspect
the
premises
or
investigate
the
practices
of
the
25
registered
person
and
suspend
or
revoke
the
registration
for
26
the
same
causes
and
in
the
same
manner
as
provided
in
section
27
162.12
162.10B
.
28
Sec.
27.
REPEAL.
Sections
162.10C
and
162.12,
Code
2026,
29
are
repealed.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
BACKGROUND
——
REGULATION.
The
federal
and
state
governments
34
regulate
the
care
of
animals
possessed
or
controlled
by
certain
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commercial
establishments.
The
United
States
department
of
1
agriculture
(USDA)
provides
for
such
regulation
under
the
2
federal
Animal
Welfare
Act,
7
U.S.C.
ch.
54.
In
Iowa,
the
3
department
of
agriculture
and
land
stewardship
(DALS)
regulates
4
animals,
other
than
agricultural
animals,
that
are
owned
or
5
controlled
by
commercial
establishments
(Code
chapter
162).
A
6
commercial
establishment
includes
nonprofit
organizations
that
7
temporarily
hold
animals,
research
facilities,
and
various
8
types
of
businesses
that
breed,
board,
or
sell
animals
(Code
9
section
162.2).
10
BACKGROUND
——
AUTHORIZATIONS.
Each
type
of
commercial
11
establishment
must
operate
under
an
authorization
issued
and
12
annually
renewed
by
DALS.
A
certificate
of
registration
must
13
be
issued
or
renewed
to
a
pound
(Code
section
162.3),
animal
14
shelter
(Code
section
162.4),
or
research
facility
(Code
15
section
162.4A);
a
state
license
must
be
issued
or
renewed
16
to
a
pet
shop
(Code
section
162.5),
boarding
kennel
(Code
17
section
162.5A),
or
commercial
kennel
(Code
section
162.6).
A
18
state
license
must
also
be
issued
to
a
dealer
(Code
section
19
162.7),
commercial
breeder
(Code
section
162.8),
or
public
20
auction
(Code
section
162.9A).
However,
these
three
types
of
21
commercial
establishments
may
operate
under
a
federal
license
22
issued
and
renewed
by
USDA,
if
also
issued
and
renewed
a
permit
23
by
DALS.
24
BACKGROUND
——
FEES
AND
FUND.
A
commercial
establishment
25
must
pay
a
fee
to
DALS
for
being
issued
or
renewed
an
26
authorization
(Code
section
162.2B).
Moneys
collected
in
27
fees
by
DALS
are
deposited
into
a
commercial
establishment
28
fund
(fund)
(Code
section
162.2C).
Moneys
in
the
fund
29
are
appropriated
to
DALS
for
purposes
of
carrying
out
the
30
provisions
of
Code
chapter
162.
31
BACKGROUND
——
STANDARD
OF
CARE.
A
general
standard
of
care
32
applies
to
all
commercial
establishments.
The
commercial
33
establishment
must
ensure
that
an
animal
in
its
possession
34
or
under
its
control
is
not
lacking
adequate
feed,
adequate
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water,
housing
facilities,
sanitary
control,
grooming
practices
1
affecting
the
health
of
the
animal,
and
veterinary
care
(Code
2
section
162.10A).
A
registrant
or
state
licensee
must
also
3
comply
with
DALS’s
rules
adopted
to
administer
and
enforce
this
4
standard
of
care.
A
permittee
may
meet
the
standard
of
care
5
without
complying
with
DALS’s
rules.
DALS
may
adopt
rules
6
implementing
a
standard
of
care
for
permitted
establishments
7
so
long
as
the
rules
are
not
more
restrictive
than
the
federal
8
Animal
Welfare
Act.
A
person
who
commits
animal
cruelty
under
9
Code
chapter
717B
fails
to
meet
the
standard
of
care
as
a
10
matter
of
law.
11
BACKGROUND
——
RECORDKEEPING
AND
INSPECTIONS.
A
registrant
12
or
state
licensee
must
maintain
business
records
under
state
13
law.
A
permittee
may
but
is
not
required
to
maintain
business
14
records.
DALS
may
inspect
a
registrant
or
state
licensee
by
15
entering
onto
its
premises
and
may
inspect
its
records
(Code
16
section
162.10B).
DALS
may
monitor
a
permittee
by
entering
17
onto
its
premises
for
the
limited
purpose
of
determining
18
whether
the
permittee
is
providing
for
the
required
standard
19
of
care
(Code
section
162C.10).
In
order
to
enter
onto
the
20
premises
of
a
permittee,
DALS
must
have
reasonable
cause
21
supported
by
an
oral
or
written
complaint
or
a
report
filed
by
22
USDA.
23
BACKGROUND
——
DISCIPLINARY
ACTIONS.
DALS
may
take
24
disciplinary
action
against
a
commercial
establishment
25
by
suspending
or
revoking
the
commercial
establishment’s
26
authorization
(Code
section
162.10D).
DALS
may
require
an
27
owner,
operator,
or
employee
of
a
commercial
establishment
to
28
complete
a
continuing
education
program
that
is
supervised
29
by
DALS.
Code
section
162.12
repeats
earlier
provisions,
30
including
by
allowing
DALS
to
deny
a
certificate
of
31
registration
or
state
license
based
on
standard
of
care.
32
BACKGROUND
——
PENALTIES.
DALS
may
establish,
impose,
and
33
assess
a
civil
penalty
for
an
act
committed
by
a
commercial
34
establishment
that
violates
an
applicable
regulation.
For
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an
authorized
commercial
establishment,
the
amount
of
the
1
civil
penalty
cannot
exceed
$500
per
day
of
a
violation,
2
including
failing
to
comply
with
the
required
standard
of
3
care.
For
operating
a
commercial
establishment
without
an
4
authorization,
the
civil
penalty
cannot
exceed
$1,000
per
day
5
of
a
violation
(Code
section
162.12A).
A
person
who
operates
6
a
commercial
establishment
without
an
authorization,
or
a
7
commercial
establishment
that
violates
the
standard
of
care,
8
is
guilty
of
a
simple
misdemeanor
(Code
section
162.13).
A
9
simple
misdemeanor
is
punishable
by
confinement
for
no
more
10
than
30
days
and
a
fine
of
at
least
$105
but
not
more
than
$855.
11
The
person
may
be
required
to
relinquish
animals
to
DALS
for
12
final
disposition.
The
person
may
also
be
subject
to
criminal
13
penalties
under
Code
chapter
717B
for
animal
neglect,
abuse,
14
or
torture.
15
BILL’S
PROVISIONS
——
ELIMINATION
OF
PERMITS.
This
bill
16
provides
that
a
commercial
breeder,
dealer,
or
public
auction
17
must
operate
under
a
state
license
rather
than
a
permit.
The
18
commercial
breeder,
dealer,
or
public
auction
is
subject
to
the
19
same
regulations
as
other
state
licensees,
including
standard
20
of
care,
maintenance
of
records,
and
inspection
requirements.
21
BILL’S
PROVISIONS
——
ELIMINATION
OF
DUPLICATIVE
PROVISION.
22
The
bill
eliminates
a
regulation
governing
disciplinary
action
23
included
in
other
provisions
(Code
section
162.12).
24
BILL’S
PROVISIONS
——
INSPECTION
REQUIREMENTS
AND
FEES.
The
25
bill
requires
DALS
to
inspect
each
commercial
establishment
at
26
least
once
during
its
annual
authorization
period.
If
DALS
27
inspects
a
commercial
establishment
more
than
once
during
28
that
period,
the
commercial
establishment
must
pay
DALS
a
29
reinspection
fee
equal
to
$150
plus
the
cost
of
mileage
(Code
30
section
162.2B).
The
moneys
are
deposited
into
the
fund
(Code
31
section
162.2C).
32
BILL’S
PROVISIONS
——
INCREASE
IN
CIVIL
PENALTIES.
The
33
bill
doubles
the
maximum
amount
of
a
civil
penalty
that
34
may
be
imposed
for
violating
a
regulation
by
a
commercial
35
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establishment
operating
under
an
issued
or
renewed
1
authorization,
not
to
exceed
$1,000.
The
bill
also
doubles
2
the
maximum
amount
of
a
civil
penalty
that
may
be
imposed
for
3
operating
without
an
authorization,
not
to
exceed
$2,000.
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