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Senate
File
2162
-
Introduced
SENATE
FILE
2162
BY
GUTH
A
BILL
FOR
An
Act
providing
for
the
care
and
disposition
of
domestic
1
animals,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
162.2,
subsection
4,
Code
2026,
is
1
amended
by
striking
the
subsection.
2
Sec.
2.
Section
162.2A,
subsection
5,
Code
2026,
is
amended
3
to
read
as
follows:
4
5.
a.
A
commercial
establishment
applying
for
the
issuance
5
or
renewal
of
a
permit
shall
provide
the
department
with
proof
6
that
the
person
is
a
federal
licensee.
7
b.
The
department
shall
not
require
that
it
must
enter
onto
8
the
premises
of
a
commercial
establishment
in
order
to
issue
a
9
permit.
The
department
shall
not
require
that
it
must
enter
10
onto
the
premises
of
a
commercial
establishment
in
order
to
11
renew
a
permit,
unless
it
has
reasonable
cause
to
monitor
the
12
commercial
establishment
as
provided
in
section
162.10C
.
13
Sec.
3.
Section
162.10B,
Code
2026,
is
amended
to
read
as
14
follows:
15
162.10B
Commercial
establishments
——
inspecting
state
16
licensees
and
registrants
regular
inspections
.
17
1.
The
department
may
inspect
the
conduct
regular
18
inspections
of
the
business
premises
of
a
commercial
19
establishment
of
owned
or
operated
by
a
registrant
or
state
20
licensee
by
entering
onto
its
business
premises
at
any
time
21
during
normal
working
hours.
The
As
part
of
the
regular
22
inspection,
the
department
may
inspect
records
required
to
be
23
maintained
by
the
state
licensee
or
registrant
as
provided
24
in
this
chapter
.
If
the
owner
or
person
in
charge
of
the
25
commercial
establishment
refuses
admittance,
the
department
may
26
obtain
an
administrative
search
warrant
issued
under
section
27
808.14
.
28
2.
The
department
shall
not
enter
the
business
premises
of
29
a
commercial
establishment
owned
or
operated
by
a
registrant
or
30
state
licensee
to
conduct
an
investigation
except
as
provided
31
in
chapter
162A.
32
Sec.
4.
Section
162.10C,
subsection
3,
Code
2026,
is
amended
33
to
read
as
follows:
34
3.
When
carrying
out
this
section
monitoring
a
commercial
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establishment
as
provided
in
subsections
1
and
2
,
the
1
department
may
cooperate
with
the
United
States
department
2
of
agriculture.
The
department
shall
report
any
findings
3
resulting
in
an
enforcement
action
under
section
162.10D
to
the
4
United
States
department
of
agriculture.
5
Sec.
5.
Section
162.10C,
Code
2026,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
4.
The
department
shall
not
enter
the
8
business
premises
of
a
commercial
establishment
owned
or
9
operated
by
a
permittee
to
conduct
an
investigation,
except
as
10
provided
in
chapter
162A.
11
Sec.
6.
Section
162.13,
subsection
2,
Code
2026,
is
amended
12
to
read
as
follows:
13
2.
The
failure
of
a
person
who
owns
or
operates
a
commercial
14
establishment
to
meet
the
standard
of
care
required
in
section
15
162.10A,
subsection
1
,
is
a
simple
misdemeanor.
The
animals
16
are
subject
to
seizure
and
impoundment
and
may
be
sold
or
17
destroyed
as
provided
by
rules
which
shall
be
adopted
by
the
18
department
pursuant
to
chapter
17A
.
The
rules
shall
provide
19
for
the
destruction
of
an
animal
by
a
humane
method,
including
20
by
euthanasia.
21
Sec.
7.
NEW
SECTION
.
162.14A
Seizure,
confiscation,
and
22
disposition.
23
The
department
shall
not
remove,
care
for,
or
provide
24
for
the
disposition
of
an
animal
maintained
by
a
commercial
25
establishment
except
as
provided
in
chapter
162A.
26
Sec.
8.
NEW
SECTION
.
162A.1
Definitions.
27
As
used
in
this
chapter,
unless
the
context
otherwise
28
provides:
29
1.
“Commercial
establishment”
means
the
same
as
defined
in
30
section
162.2.
31
2.
“Department”
means
the
department
of
agriculture
and
land
32
stewardship.
33
3.
“Domestic
animal”
or
“animal”
means
any
of
the
following:
34
a.
An
animal
maintained
by
a
commercial
establishment.
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b.
Livestock
as
defined
in
section
717.1.
1
4.
“Domestic
animal
enterprise”
or
“enterprise”
means
any
of
2
the
following:
3
a.
A
commercial
establishment.
4
b.
A
person
who
owns
or
operates
a
farming
operation
on
5
agricultural
land
that
is
eligible
for
an
agricultural
land
tax
6
credit
as
provided
in
chapter
426,
if
the
person
is
engaged
in
7
the
business
of
producing
and
selling
more
than
ten
head
of
8
livestock
per
year
in
commercial
channels.
9
5.
“Domestic
animal
enterprise
designee”
or
“designee”
means
10
an
individual
who
is
legally
authorized
to
act
on
behalf
of
a
11
domestic
animal
enterprise.
12
6.
“Domestic
animal
enterprise
premises”
or
“premises”
means
13
the
land
where
a
domestic
animal
enterprise
is
located.
14
7.
“Domestic
animal
neglect”
or
“neglect”
means
any
of
the
15
following:
16
a.
The
failure
of
a
commercial
establishment
to
provide
an
17
animal
with
a
standard
of
care
as
required
pursuant
to
section
18
162.10A.
19
b.
Livestock
neglect
as
provided
in
section
717.2A.
20
c.
Animal
neglect
as
provided
in
section
717B.3.
21
8.
“Enforcement
agency”
means
any
of
the
following:
22
a.
A
county
sheriff’s
office
or
a
city’s
police
force.
23
b.
The
department,
if
acting
to
regulate
a
commercial
24
establishment.
25
9.
“Enforcement
officer”
means
any
of
the
following:
26
a.
A
law
enforcement
official
regularly
employed
by
a
27
county
sheriff’s
office
or
a
city’s
police
force
to
conduct
28
investigations
regarding
criminal
offenses
under
section
29
162.10A,
717.2,
or
717B.3.
30
b.
A
department
inspector
charged
by
the
department
to
31
inspect
or
monitor
commercial
establishments.
32
10.
“Local
authority”
means
a
county
as
provided
in
chapter
33
331
or
a
city
as
defined
in
section
362.2
having
jurisdiction
34
over
a
domestic
animal
enterprise
premises.
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11.
“Veterinary
custodian”
means
a
person
engaged
in
the
1
practice
of
veterinary
medicine
that
provides
emergency
care
to
2
a
domestic
animal
relocated
from
a
domestic
animal
enterprise
3
pursuant
to
a
court
order
pursuant
to
section
162A.6.
4
Sec.
9.
NEW
SECTION
.
162A.2
Applicability.
5
1.
This
chapter
applies
to
a
domestic
animal
enterprise
6
that
owns
and
cares
for
a
domestic
animal
that
may
be
subject
7
to
domestic
animal
neglect,
on
the
domestic
animal
enterprise
8
premises.
9
2.
A
domestic
animal
enterprise
subject
to
an
investigation
10
under
section
162A.3,
a
court
proceeding
conducted
under
this
11
chapter,
or
an
order
issued
by
a
court
under
this
chapter
12
retains
all
rights
in
a
domestic
animal
unless
any
of
the
13
following
occur:
14
a.
The
enterprise
voluntarily
relinquishes
its
ownership
15
interest
in
the
animal.
A
relinquishment
is
not
effective
16
until
the
enterprise
designee
signs
a
statement
of
temporary
17
relocation.
The
statement
shall
be
dated
and
notarized
under
18
chapter
9B
and
filed
as
part
of
the
record
of
any
judicial
19
proceeding
provided
in
this
chapter.
20
b.
All
judicial
remedies
are
exhausted.
21
3.
Any
consent
by
a
domestic
animal
enterprise
designee
in
22
an
investigation
or
proceeding
conducted
under
this
chapter
23
arising
out
of
an
alleged
occurrence
of
domestic
animal
neglect
24
is
void
unless
in
writing
and
signed
by
the
domestic
animal
25
enterprise
designee.
26
4.
An
investigation
or
proceeding
conducted
under
this
27
chapter
arising
out
of
an
alleged
occurrence
of
domestic
animal
28
neglect
is
a
civil
proceeding.
If
the
case
is
related
to
a
29
criminal
proceeding
under
section
162.10A,
717.2,
or
717B.3,
30
the
disposition
of
a
domestic
animal
shall
not
be
part
of
the
31
criminal
proceeding
and
any
order
by
a
court
providing
for
32
the
disposition
of
an
animal
under
this
chapter
shall
not
be
33
considered
a
criminal
penalty.
34
Sec.
10.
NEW
SECTION
.
162A.3
Investigation
by
an
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enforcement
officer
——
entry
onto
a
domestic
animal
enterprise
1
premises.
2
An
enforcement
officer
may
enter
a
domestic
animal
3
enterprise
premises
to
investigate
domestic
animal
neglect
4
subject
to
the
restrictions
provided
in
this
section.
5
1.
a.
An
enforcement
officer
who
is
a
law
enforcement
6
official
may
enter
the
premises
when
investigating
domestic
7
animal
neglect.
8
b.
An
enforcement
officer
who
is
a
department
inspector
9
shall
not
enter
the
premises
unless
based
on
a
complaint
of
10
a
violation
of
section
162.10A
or
when
accompanying
a
law
11
enforcement
official.
12
2.
An
enforcement
officer
may
enter
the
premises
13
accompanied
by
a
licensed
veterinarian
practicing
in
the
same
14
area
as
the
domestic
animal
enterprise
premises.
No
other
15
person
shall
enter
the
premises
unless
by
consent
of
the
16
domestic
animal
enterprise
designee
upon
any
condition
required
17
by
the
designee.
18
3.
An
enforcement
agency
must
provide
notice
to
an
animal
19
enterprise
designee
at
least
twenty-four
hours
before
entering
20
on
the
animal
enterprise
premises.
21
4.
An
enforcement
officer
shall
not
enter
the
animal
22
enterprise
premises
unless
any
of
the
following
apply:
23
a.
The
designee
consents
to
the
entry
upon
such
terms
and
24
conditions
as
the
designee
may
establish.
25
b.
The
enforcement
officer
obtains
a
search
warrant.
The
26
search
warrant
shall
comply
with
the
requirements
of
chapter
27
808.
The
search
warrant
shall
include
the
name
and
location
of
28
the
domestic
animal
enterprise
subject
to
the
search;
the
names
29
and
titles
of
the
persons
conducting
the
search;
and
the
time,
30
date,
and
place
of
the
search.
A
copy
of
the
search
warrant
31
shall
be
presented
to
the
domestic
animal
enterprise
designee
32
before
the
search.
Any
defect
in
the
search
warrant
shall
33
render
the
search
warrant
void.
34
5.
When
conducting
an
investigation
of
the
domestic
animal
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enterprise
premises,
an
enforcement
officer
shall
not
do
any
1
of
the
following:
2
a.
Interfere
with
a
domestic
animal
enterprise
designee
3
or
any
employee
of
the
domestic
animal
enterprise,
so
long
4
as
the
designee
or
employee
does
not
physically
obstruct
the
5
investigation.
The
act
of
standing
in
close
proximity
to
an
6
enforcement
officer
or
accompanying
veterinarian
does
not
7
constitute
interference
unless
the
act
impedes
the
view
of
the
8
enforcement
officer
or
veterinarian.
9
b.
Threaten
to
confine
or
arrest
a
domestic
animal
10
enterprise
designee
or
employee
of
the
domestic
animal
11
enterprise
unless
the
designee
or
employee
physically
obstructs
12
or
attempts
to
physically
obstruct
the
investigation.
An
13
enforcement
officer
shall
not
in
any
manner
coerce
or
threaten
14
the
designee
or
employee.
Any
verbal
statement
or
promise
15
made
by
an
enforcement
officer
to
a
designee
or
employee
that
16
relates
to
relinquishing
a
domestic
animal
shall
be
deemed
17
coercion.
18
c.
Damage
any
property
located
on
the
domestic
animal
19
enterprise
premises
or
injure
any
animal
maintained
on
the
20
premises.
21
Sec.
11.
NEW
SECTION
.
162A.4
Temporary
care
of
a
domestic
22
animal.
23
A
local
authority
may
provide
for
the
temporary
care
of
24
a
domestic
animal
maintained
at
a
domestic
animal
enterprise
25
premises
under
any
of
the
following
circumstances:
26
1.
The
domestic
animal
enterprise
designee
does
any
of
the
27
following:
28
a.
Relinquishes
the
enterprise’s
ownership
of
the
animal
as
29
provided
in
section
162A.2.
30
b.
Consents
to
the
temporary
care
of
the
animal
as
provided
31
in
section
162A.2.
32
2.
Pursuant
to
an
order
issued
by
the
district
court
in
the
33
county
where
the
domestic
animal
enterprise
premises
is
located
34
as
provided
in
this
chapter.
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Sec.
12.
NEW
SECTION
.
162A.5
Temporary
disposition
of
a
1
domestic
animal
——
order
for
monitored
on-site
care.
2
1.
A
local
authority
may
file
with
the
district
court
a
3
petition
for
the
care
of
a
domestic
animal
maintained
at
a
4
domestic
animal
enterprise.
The
petition
shall
request
that
5
the
animal
be
provided
temporary
care
by
an
on-site
monitor.
6
2.
The
petition
must
at
least
include
all
of
the
following:
7
a.
The
name
and
address
of
the
enterprise.
8
b.
The
name
and
a
brief
description
of
the
domestic
animal.
9
c.
A
description
of
the
domestic
animal,
including
the
10
species
and
breed
of
the
animal,
and
methods
to
identify
the
11
animal.
The
methods
may
include
any
of
the
following:
12
(1)
An
audio
or
visual
recording.
The
visual
recording
may
13
show
all
four
sides
of
the
domestic
animal,
identifying
marks,
14
tattoos,
or
ear
tags.
15
(2)
Information
regarding
any
microchips
implanted
in
the
16
animal.
17
d.
A
statement
signed
by
a
veterinarian
examining
the
18
domestic
animal
stating
that
there
is
physical
evidence
that
19
indicates
the
animal’s
condition
is
consistent
with
domestic
20
animal
neglect.
21
e.
A
person
nominated
as
an
on-site
monitor
to
supervise
22
the
care
provided
to
the
domestic
animal.
The
petition
shall
23
include
the
person’s
qualifications.
24
3.
Upon
receiving
the
petition,
the
court
shall
do
any
of
25
the
following:
26
a.
Notify
the
domestic
animal
enterprise
designee
that
27
the
petition
has
been
filed
with
the
court.
The
notification
28
shall
contain
a
copy
of
the
petition
and
the
date
and
time
of
a
29
hearing
to
determine
the
matter.
30
b.
Hold
the
hearing
within
ten
days
after
the
petition
is
31
filed
with
the
court.
32
4.
If
the
court
determines
that
there
is
cause
to
believe
33
that
the
animal’s
condition
is
consistent
with
domestic
animal
34
neglect,
the
court
shall
issue
an
order
that
at
least
declares
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all
of
the
following:
1
a.
The
grounds
for
determining
that
the
animal’s
condition
2
is
consistent
with
domestic
animal
neglect.
3
b.
A
determination
that
the
domestic
animal
enterprise
may
4
not
be
able
and
willing
to
alone
provide
the
animal
with
the
5
required
care.
6
c.
The
appointment
of
a
qualified
person
to
act
as
an
7
on-site
monitor
to
oversee
the
required
care
provided
to
the
8
domestic
animal.
9
d.
The
terms
and
conditions
of
the
animal’s
care.
10
e.
The
rights
of
the
domestic
animal
enterprise.
11
Sec.
13.
NEW
SECTION
.
162A.6
Temporary
disposition
of
a
12
domestic
animal
——
order
for
emergency
relocation
for
veterinary
13
care.
14
1.
A
local
authority
may
file
with
the
district
court
a
15
petition
for
the
emergency
care
of
a
domestic
animal
maintained
16
at
a
domestic
animal
enterprise.
The
petition
shall
request
17
that
the
animal
be
temporarily
relocated
to
a
veterinary
18
custodian
for
the
sole
purpose
of
providing
temporary
emergency
19
care.
20
2.
The
petition
must
at
least
include
all
of
the
following:
21
a.
The
name
and
address
of
the
domestic
animal
enterprise
22
where
the
animal
is
maintained.
23
b.
The
name
and
a
brief
description
of
the
animal.
24
c.
A
description
of
the
animal,
including
the
species
and
25
breed
of
the
animal,
and
methods
to
identify
the
animal.
The
26
methods
may
include
any
of
the
following:
27
(1)
An
audio
or
visual
recording.
The
visual
recording
may
28
show
all
four
sides
of
the
animal,
identifying
marks,
tattoos,
29
or
ear
tags.
30
(2)
Information
regarding
any
microchips
implanted
in
the
31
animal.
32
d.
(1)
An
emergency
relocation
statement
signed
by
two
33
licensed
veterinarians
stating
under
penalty
of
perjury
a
34
determination
of
all
of
the
following:
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(a)
There
is
physical
evidence
that
indicates
the
animal’s
1
condition
is
consistent
with
domestic
animal
neglect.
2
(b)
The
relocation
of
the
animal
to
a
veterinary
custodian
3
is
necessary
in
order
to
provide
the
animal
with
required
4
emergency
care.
The
determination
must
be
based
on
a
diagnosis
5
that
without
relocation
and
treatment
provided
by
a
veterinary
6
custodian,
the
animal
would
likely
suffer
prolonged
suffering
7
or
death.
The
statement
shall
describe
all
of
the
following:
8
(i)
The
specific
reasons
why
temporary
relocation
to
the
9
veterinary
custodian
is
necessary.
10
(ii)
The
specific
illness,
disease,
or
injury
that
requires
11
the
temporary
relocation.
12
(iii)
The
care
to
be
prescribed.
13
(2)
One
veterinarian
shall
be
selected
by
the
petitioner
14
and
one
veterinarian
shall
be
selected
by
the
domestic
animal
15
enterprise.
If
the
two
selected
veterinarians
cannot
agree,
16
the
determination
shall
be
made
by
a
third
veterinarian
17
appointed
by
the
other
two.
A
veterinarian
shall
not
make
18
a
determination
under
this
section,
if
the
veterinarian
is
19
associated
with
the
custody
of
the
relocated
animal.
20
e.
A
person
nominated
to
principally
provide
day-to-day
21
emergency
care
to
the
domestic
animal.
The
nomination
shall
22
include
the
name
and
address
of
the
veterinarian
assigned
to
23
the
case.
24
3.
Upon
receiving
the
petition,
the
court
shall
do
the
25
following:
26
a.
Notify
the
designee
that
the
petition
has
been
filed
27
with
the
court.
The
notification
shall
contain
a
copy
of
28
the
petition
and
the
date
and
time
of
a
hearing
to
determine
29
whether
the
animal
is
in
need
of
emergency
care
by
a
veterinary
30
custodian.
31
b.
Hold
the
hearing
within
one
day
after
the
petition
is
32
filed
with
the
court.
33
4.
If
the
court
determines
that
there
is
cause
to
believe
34
that
the
animal’s
condition
is
consistent
with
domestic
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animal
neglect,
and
that
emergency
relocation
is
required,
the
1
court
shall
issue
an
order
that
at
least
declares
all
of
the
2
following:
3
a.
The
grounds
for
determining
that
the
animal’s
condition
4
is
consistent
with
domestic
animal
neglect.
5
b.
The
grounds
for
determining
that
the
domestic
animal
6
enterprise
is
unable
or
unwilling
to
provide
the
animal
with
7
the
required
care
under
the
oversight
of
an
on-site
monitor
8
appointed
under
section
162A.5.
9
c.
The
appointment
of
a
veterinary
custodian
to
provide
the
10
required
emergency
care
to
the
domestic
animal,
including
the
11
name,
if
any,
and
address
of
the
veterinary
custodian
where
12
the
animal
is
to
be
relocated.
The
veterinarian
shall
not
be
13
professionally
associated
with
the
veterinarian
who
signed
14
the
statement
of
temporary
relocation.
The
location
of
the
15
veterinary
custodian’s
practice
must
be
in
the
same
county
as
16
the
domestic
animal
enterprise
premises.
17
d.
A
person
appointed
to
monitor
the
care
provided
to
the
18
animal,
including
by
visiting
the
animal
at
least
once
each
19
week.
20
e.
The
terms
and
conditions
of
the
animal’s
temporary
21
relocation
including
but
not
limited
to
as
provided
in
section
22
162A.7.
23
f.
The
terms
and
conditions
of
the
animal’s
care.
24
g.
The
rights
of
the
domestic
animal
enterprise,
which
may
25
be
in
addition
to
the
rights
described
in
section
162A.7.
26
Sec.
14.
NEW
SECTION
.
162A.7
Temporary
disposition
of
a
27
domestic
animal
——
terms
of
emergency
relocation.
28
1.
This
section
applies
to
emergency
care
provided
to
29
a
domestic
animal
temporarily
relocated
from
a
domestic
30
animal
enterprise
and
provided
emergency
care
by
a
veterinary
31
custodian
pursuant
to
a
court
order
as
provided
in
section
32
162A.6.
33
2.
The
domestic
animal
shall
remain
at
the
location
of
the
34
veterinary
custodian’s
practice
unless
otherwise
provided
in
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this
section
or
ordered
by
the
court.
1
3.
Any
person
authorized
by
the
domestic
animal
enterprise,
2
including
a
veterinarian,
may
visit
the
animal
during
normal
3
business
hours,
as
otherwise
agreed
to
by
the
veterinary
4
custodian
and
the
domestic
animal
enterprise
or
by
court
order.
5
During
a
visit,
all
of
the
following
apply:
6
a.
A
veterinarian
selected
by
the
domestic
animal
enterprise
7
may
examine
the
animal.
8
b.
A
domestic
animal
enterprise
representative
or
a
9
veterinarian
selected
by
the
domestic
animal
enterprise
may
10
produce
an
audio
or
visual
recording
of
the
animal’s
condition.
11
4.
a.
The
veterinary
custodian
may
perform
routine
12
procedures
that
maintain
or
treat
the
animal
as
required
or
13
allowed
by
court
order.
The
procedure
must
be
performed
14
during
normal
business
hours
unless
otherwise
agreed
to
by
the
15
veterinary
custodian
and
the
domestic
animal
enterprise.
16
b.
(1)
Except
as
provided
in
subparagraph
(2),
a
veterinary
17
custodian
shall
not
perform
any
other
procedure
unless
an
18
animal
enterprise
designee
signs
a
consent
form.
The
consent
19
form
shall
include
a
statement
explaining
the
type
of
procedure
20
to
be
performed,
why
the
procedure
is
necessary,
and
when
21
the
procedure
will
be
performed.
The
standard
of
care
is
to
22
allow
an
animal
to
live
a
comfortable
life
with
any
necessary
23
limitations.
The
consent
form
shall
be
dated
and
notarized
24
pursuant
to
chapter
9B.
The
designee
shall
receive
a
copy
of
25
the
completed
consent
form.
26
(2)
A
veterinary
custodian
may
perform
a
procedure
upon
the
27
request
of
the
enterprise.
The
enterprise
may
also
select
a
28
veterinarian
approved
by
the
court
to
perform
the
procedure.
29
The
enterprise
shall
pay
all
costs
associated
with
performing
30
the
procedure
unless
the
veterinary
custodian’s
act
or
omission
31
required
the
procedure
to
be
performed.
32
c.
A
person
selected
by
the
domestic
animal
enterprise
must
33
be
provided
a
reasonable
opportunity
to
witness
the
performance
34
of
the
procedure.
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5.
a.
Except
as
provided
in
paragraph
“b”
,
a
veterinary
1
custodian
shall
return
the
domestic
animal
to
the
domestic
2
animal
enterprise
premises
after
the
veterinary
custodian
3
determines
that
the
emergency
relocation
is
no
longer
4
necessary.
5
b.
A
veterinary
custodian
shall
return
the
animal
to
the
6
domestic
animal
enterprise
premises
if
two
veterinarians
7
selected
by
the
enterprise
examine
the
animal
and
sign
a
8
written
confirmation
that
states
the
emergency
relocation
is
no
9
longer
necessary.
The
statement
shall
be
dated
and
notarized
10
pursuant
to
chapter
9B.
The
statement
shall
be
filed
with
the
11
clerk
of
the
district
court.
If
a
statement
is
filed,
the
12
costs
of
the
two
examinations
shall
be
paid
by
the
veterinary
13
custodian.
14
6.
A
veterinary
custodian
who
violates
a
provision
of
this
15
section
is
subject
to
a
civil
penalty
of
not
more
than
one
16
thousand
dollars
for
each
day
of
the
violation
to
be
assessed
17
by
the
district
court
in
the
county
where
the
veterinary
18
custodian
practices.
Any
moneys
collected
from
the
civil
19
penalty
shall
be
deposited
in
the
general
fund.
20
Sec.
15.
NEW
SECTION
.
162A.8
Permanent
disposition
21
proceeding
——
general.
22
1.
If
a
domestic
animal
is
subject
to
a
temporary
23
disposition
proceeding
as
provided
in
section
717A.5
or
717A.6,
24
the
court
shall
conduct
a
permanent
disposition
proceeding
as
25
provided
in
this
section.
26
2.
An
enterprise
shall
have
at
least
seven
business
days
27
to
obtain
legal
counsel
prior
to
the
permanent
disposition
28
proceeding.
The
court
shall
set
a
date
for
the
proceeding
29
based
on
all
circumstances
in
the
case.
30
3.
If
the
court
determines
that
domestic
animal
neglect
has
31
not
occurred,
the
court
shall
order
any
of
the
following:
32
a.
The
animal
no
longer
needs
to
be
provided
care
by
an
33
on-site
monitor
acting
under
section
162A.5.
34
b.
The
temporarily
relocated
animal
shall
be
returned
to
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the
custody
of
the
enterprise
by
a
veterinary
custodian
acting
1
under
section
162A.6,
subject
to
the
provisions
of
section
2
162A.9.
3
4.
If
the
court
determines
that
domestic
animal
neglect
has
4
occurred,
the
court
shall
order
the
applicable
disposition
of
5
the
domestic
animal
as
follows:
6
a.
That
the
animal
be
destroyed
by
euthanasia,
based
on
the
7
court’s
determination
of
the
animal’s
condition
or
temperament,
8
or
its
market
value.
The
animal
shall
be
destroyed
if
it
is
9
permanently
distressed
by
disease
or
injury
to
a
degree
that
10
would
result
in
severe
or
prolonged
suffering.
11
b.
That
custody
of
the
domestic
animal
be
returned
to
the
12
domestic
animal
enterprise
upon
such
conditions
as
the
court
13
determines
appropriate.
14
c.
That
custody
of
the
domestic
animal
be
transferred
to
a
15
person
other
than
the
domestic
animal
enterprise,
including
by
16
sale.
The
person
transferred
the
animal
must
be
willing
and
17
capable
of
caring
for
the
animal.
The
animal
may
be
sold
as
18
provided
in
section
162A.10.
19
Sec.
16.
NEW
SECTION
.
162A.9
Permanent
disposition
20
proceeding
——
return
of
domestic
animal.
21
1.
If
the
court
determines
that
domestic
animal
neglect
has
22
not
occurred,
the
court
may
order
the
following:
23
a.
That
the
animal
be
returned
to
the
domestic
animal
24
enterprise
with
all
deliberate
speed
in
a
manner
instructed
by
25
the
enterprise.
26
b.
(1)
Each
veterinarian
who
signed
the
emergency
27
relocation
statement
as
provided
in
section
162A.5
shall
28
reimburse
the
domestic
animal
enterprise
for
all
of
the
29
following:
30
(a)
Reasonable
expenses
incurred
in
returning
the
animal
to
31
the
custody
of
the
domestic
animal
enterprise
premises.
32
(b)
Reasonable
attorney
fees,
investigative
fees,
court
33
costs,
communication
expenses,
witness
fees
and
expenses,
and
34
travel
expenses
associated
with
the
case.
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(2)
The
expenses
described
in
subparagraph
(1)
shall
be
1
assigned
to
each
veterinarian
on
a
prorated
basis.
2
2.
If
the
court
orders
a
relocated
domestic
animal
to
be
3
returned
to
the
custody
of
the
domestic
animal
enterprise,
but
4
the
domestic
animal
is
not
returned
within
thirty
days,
the
5
animal
is
deemed
transferred
to
the
petitioner
as
provided
in
6
section
162A.6.
In
that
case,
the
petitioner
shall
reimburse
7
the
enterprise
the
fair
market
value
of
the
animal,
as
8
determined
by
the
court
after
a
hearing.
9
Sec.
17.
NEW
SECTION
.
162A.10
Permanent
disposition
10
proceeding
——
disposition
of
a
domestic
animal
by
sale.
11
1.
If
a
court
orders
a
domestic
animal
be
transferred
to
a
12
person,
other
than
the
domestic
animal
enterprise,
by
sale,
as
13
provided
in
section
162A.9,
all
of
the
following
apply:
14
a.
A
petitioner
shall
deliver
a
written
notice
to
each
15
person
who
is
known
to
have
a
legal
interest
in
the
animal.
16
b.
A
sale
conducted
under
this
subsection
shall
not
occur
17
until
at
least
fourteen
days
after
a
notice
of
the
sale
is
18
published
once
in
a
newspaper
of
general
circulation
in
the
19
county
where
the
enterprise’s
premises
is
located.
The
sale
20
shall
be
open
to
the
public.
21
c.
The
terms
of
the
sale
and
the
person
transferred
22
ownership
of
the
animal
must
be
approved
by
the
court.
23
2.
a.
After
the
sale
of
the
domestic
animal,
the
court
24
shall
hold
a
hearing
regarding
the
dispersal
of
the
proceeds
25
from
the
sale.
26
b.
At
least
fifteen
days
prior
to
hearing,
all
interested
27
persons
who
have
an
interest
in
the
animal
shall
submit
to
the
28
court
a
statement
detailing
their
claim
to
the
proceeds.
29
3.
The
proceeds
from
the
sale
shall
be
disbursed
as
follows:
30
a.
To
reimburse
the
petitioner
the
following:
31
(1)
Reasonable
expenses
incurred
by
the
petitioner
in
32
conducting
the
sale.
33
(2)
Reasonable
expenses
incurred
by
the
petitioner
by
34
providing
for
care
to
the
animal
provided
by
an
on-site
monitor
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or
a
veterinary
custodian
under
section
162A.5.
1
b.
Any
person
who
has
a
legal
interest
in
the
animal.
2
If
the
animal
is
owned
by
more
than
one
person,
the
amount
3
shall
be
prorated
among
the
persons
based
on
the
percentage
4
of
interest
owned
in
the
animal
attributable
to
each
owner
as
5
the
animal’s
titleholders.
Nothing
in
this
paragraph
shall
be
6
construed
to
limit,
restrict,
impair,
or
subordinate
a
right
7
of
a
person
having
a
security
interest
in
the
animal,
or
the
8
proceeds
from
the
sale
of
the
animal.
9
Sec.
18.
Section
717.2A,
subsection
1,
Code
2026,
is
amended
10
by
adding
the
following
new
paragraph:
11
NEW
PARAGRAPH
.
0b.
This
section
does
not
apply
to
the
12
removal
of
livestock
from
a
domestic
animal
enterprise
subject
13
to
chapter
162A.
14
Sec.
19.
Section
717.5,
subsection
1,
paragraph
a,
15
unnumbered
paragraph
1,
Code
2026,
is
amended
to
read
as
16
follows:
17
A
court
shall
order
the
disposition
of
livestock
neglected
18
as
provided
in
section
717.2
or
livestock
in
immediate
need
19
of
sustenance
and
associated
products
as
provided
in
sections
20
717.3
and
717.4
in
accordance
with
this
section
.
However,
21
this
section
does
not
apply
to
the
disposition
of
livestock
22
maintained
by
a
domestic
animal
enterprise
as
provided
in
23
chapter
162A.
24
Sec.
20.
Section
717F.2,
Code
2026,
is
amended
to
read
as
25
follows:
26
717F.2
Rulemaking
——
chapter
28E
agreements
——
assistance
of
27
animal
warden
.
28
1.
The
department
shall
administer
this
chapter
by
doing
all
29
of
the
following:
30
a.
1.
Adopting
rules
as
provided
in
chapter
17A
for
the
31
administration
and
enforcement
of
this
chapter
.
32
b.
2.
Entering
into
agreements
with
public
agencies
33
pursuant
to
chapter
28E
as
the
department
determines
necessary
34
for
the
administration
and
enforcement
of
this
chapter
.
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2.
An
animal
warden
as
defined
in
section
162.2
shall
assist
1
the
department
in
seizing
and
maintaining
custody
of
dangerous
2
wild
animals.
3
Sec.
21.
Section
717F.4,
subsection
7,
paragraph
b,
Code
4
2026,
is
amended
to
read
as
follows:
5
b.
To
comply
with
the
directions
of
the
department
or
an
6
animal
warden
.
7
Sec.
22.
Section
717F.4,
subsection
9,
Code
2026,
is
amended
8
to
read
as
follows:
9
9.
The
person
must
immediately
notify
an
animal
warden
10
the
department
or
other
local
law
enforcement
official
of
any
11
escape
of
a
dangerous
wild
animal.
12
Sec.
23.
Section
717F.7,
subsection
17,
Code
2026,
is
13
amended
to
read
as
follows:
14
17.
An
employee
of
the
department
responsible
for
the
15
administration
of
this
chapter
,
an
animal
warden
as
defined
in
16
section
162.2,
or
an
animal
care
provider
or
law
enforcement
17
officer
as
defined
in
section
717B.1
.
18
Sec.
24.
Section
717F.10,
Code
2026,
is
amended
to
read
as
19
follows:
20
717F.10
Enforcement.
21
The
department
is
the
principal
agency
charged
with
22
enforcing
the
provisions
of
this
chapter
.
An
animal
warden
23
as
defined
in
section
162.2,
The
department
or
an
animal
24
care
provider
or
law
enforcement
officer
as
defined
in
25
section
717B.1
,
shall
enforce
this
chapter
as
directed
by
the
26
department.
27
Sec.
25.
REPEAL.
Sections
162.14
and
162.15,
Code
2026,
28
are
repealed.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
BACKGROUND
——
COMMERCIAL
ESTABLISHMENTS.
Several
Code
33
chapters
regulate
the
mistreatment
of
animals.
Code
chapter
34
162
authorizes
the
department
of
agriculture
and
land
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stewardship
(DALS)
to
regulate
commercial
establishments
that
1
possess
or
control
animals,
other
than
animals
used
for
an
2
agricultural
purpose
(livestock).
A
commercial
establishment
3
operates
pursuant
to
an
authorization
by
DALS
as
an
animal
4
shelter,
pound,
or
research
facility
(registrant);
a
pet
shop,
5
boarding
kennel,
or
commercial
kennel
(state
licensee);
or
a
6
commercial
breeder,
dealer,
or
public
auction
(state
licensee
7
or
state
permittee
if
operating
under
a
federal
license).
A
8
commercial
establishment
is
subject
to
a
standard
of
care,
9
including
providing
adequate
food,
adequate
water,
housing
10
facilities,
sanitary
control,
grooming
practices
affecting
11
the
health
of
the
animal,
and
veterinary
care
(Code
section
12
162.10A).
DALS
may
inspect
a
registrant
or
state
licensee
13
by
entering
onto
its
business
premises
and
may
inspect
its
14
records.
DALS
may
monitor
a
permittee
by
entering
onto
its
15
business
premises
for
the
limited
purpose
of
determining
16
whether
the
permittee
is
providing
for
the
required
standard
17
of
care.
In
order
to
enter
onto
the
premises
of
a
permittee,
18
DALS
must
have
reasonable
cause
supported
by
an
oral
or
written
19
complaint
or
a
report
filed
by
the
United
States
department
20
of
agriculture
(Code
section
162.10C).
The
Code
chapter
also
21
authorizes
an
animal
warden
to
take
custody
of
an
animal
(Code
22
sections
162.14
and
162.15).
23
BACKGROUND
——
ANIMAL
MISTREATMENT.
Code
chapters
717
24
and
717B
provide
criminal
penalties
for
the
mistreatment
25
of
animals.
In
addition,
a
local
authority
may
rescue
and
26
a
court
may
provide
for
the
disposition
of
an
animal
that
27
is
mistreated.
The
proceeding
is
civil.
Code
chapter
717
28
provides
for
the
mistreatment
of
livestock
by
neglect
or
abuse
29
and
Code
chapter
717B
provides
for
the
mistreatment
of
animals
30
other
than
livestock
and
wildlife
by
neglect,
mistreatment,
or
31
abuse.
In
each
case,
an
animal
or
livestock
may
be
rescued
32
by
the
local
authority
(Code
section
717.2A
for
the
neglect
33
of
livestock
and
Code
section
717B.5
for
the
neglect,
abuse,
34
or
torture
of
an
animal
other
than
livestock
and
wildlife).
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Each
Code
chapter
provides
for
the
disposition
of
a
rescued
1
livestock
or
other
animal
by
petition
filed
by
the
local
2
authority
in
district
court
(Code
section
717.3
for
livestock
3
and
Code
section
717B.4
for
other
animals).
4
BILL’S
PROVISIONS
——
GENERAL.
This
bill
provides
a
5
substitute
process
for
investigating
animals
subject
to
6
standard-of-care
requirements
in
a
commercial
establishment
7
under
Code
chapter
162
and
the
neglect
of
livestock
and
other
8
animals
under
Code
chapters
717
and
717B.
The
bill
also
9
provides
a
substitute
process
for
determining
the
disposition
10
of
those
animals
upon
petition
by
a
local
authority
filed
in
11
district
court.
The
bill
defines
this
class
of
animal
as
a
12
domestic
animal
(animal).
The
bill’s
provisions
apply
to
a
13
domestic
animal
enterprise
(enterprise),
which
includes
an
14
animal
maintained
by
a
commercial
establishment
and
livestock
15
maintained
and
sold
as
part
of
a
farming
operation.
16
BILL’S
PROVISIONS
——
INVESTIGATIONS.
An
enforcement
officer
17
is
a
person
who
is
either
employed
as
a
sheriff
or
city
police
18
officer
acting
under
Code
chapter
717
or
717B
investigating
19
a
case
of
neglect,
or
a
DALS
inspector
acting
under
Code
20
chapter
162
investigating
a
case
involving
the
standard
of
21
care.
The
enforcement
officer
may
enter
the
premises
of
an
22
enterprise
to
conduct
an
investigation
upon
a
search
warrant
23
and
after
providing
notice
of
the
entry
to
the
enterprise.
24
The
enforcement
officer
is
subject
to
several
requirements
25
when
conducting
an
investigation,
including
by
not
interfering
26
with
an
employee
of
the
enterprise,
threatening
the
employee,
27
damaging
property,
or
injuring
an
animal.
28
BILL’S
PROVISIONS
——
TEMPORARY
CARE.
The
bill
provides
29
that
a
local
authority
may
file
a
petition
for
the
care
of
30
a
domestic
animal
maintained
at
a
domestic
animal
enterprise
31
with
the
district
court.
The
petition
shall
request
that
32
the
animal
be
provided
temporary
care
until
a
dispositional
33
proceeding.
The
care
may
be
provided
by
an
on-site
monitor
who
34
oversees
that
care
provided
at
the
enterprise.
A
veterinarian
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must
sign
a
statement
stating
that
there
is
physical
evidence
1
that
indicates
the
animal’s
condition
is
consistent
with
2
domestic
animal
neglect.
In
the
case
of
a
domestic
animal
3
requiring
emergency
care,
the
court
may
temporarily
relocate
4
the
animal
to
a
veterinary
custodian.
In
order
to
issue
the
5
order,
an
emergency
relocation
statement
must
be
signed
by
two
6
veterinarians.
The
bill
provides
a
number
of
requirements
7
that
apply
to
the
care
of
an
animal
under
the
custody
of
a
8
veterinary
custodian,
including
the
rights
of
the
enterprise
9
to
be
involved
in
its
treatment.
A
veterinary
custodian
who
10
violates
a
requirement
is
subject
to
a
civil
penalty
of
not
11
more
than
$1,000
for
each
day
of
the
violation.
12
BILL’S
PROVISIONS
——
PERMANENT
DISPOSITION.
The
bill
13
provides
for
the
permanent
disposition
of
an
animal
subject
to
14
care
under
a
petition
by
a
court,
which
includes
returning
the
15
animal
to
the
enterprise,
destroying
the
animal
by
euthanasia,
16
or
selling
the
animal.
If
the
animal
is
sold,
the
distribution
17
of
proceeds
from
the
sale
is
also
determined
by
a
court.
The
18
proceeds
are
distributed
to
interested
persons,
including
the
19
local
authority
incurring
costs
to
care
for
the
animal,
and
20
any
person
who
has
a
legal
interest
in
the
animal.
The
bill
21
eliminates
two
provisions
that
provide
powers
and
duties
of
an
22
animal
warden
and
makes
conforming
changes.
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