Bill Text: IA HF2259 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act providing for the regulation of animals other than livestock that are maintained by commercial establishments, making penalties applicable, and including effective date provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-06 - Introduced, referred to Agriculture. H.J. 213. [HF2259 Detail]

Download: Iowa-2017-HF2259-Introduced.html

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House File 2259 - Introduced




                                 HOUSE FILE       
                                 BY  STAED

                                      A BILL FOR

  1 An Act providing for the regulation of animals other than
  2    livestock that are maintained by commercial establishments,
  3    making penalties applicable, and including effective date
  4    provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 162.2, subsections 1, 2, 15, and 17, Code
  1  2 2018, are amended by striking the subsections.
  1  3    Sec. 2.  Section 162.2, subsections 6 and 26, Code 2018, are
  1  4 amended to read as follows:
  1  5    6.  "Authorization" means a state license, or certificate
  1  6 of registration, or permit issued or renewed by the department
  1  7 to operate a commercial establishment as provided in section
  1  8 162.2A.
  1  9    26.  "State licensee" means any of the following:
  1 10    a.  A a boarding kennel, commercial breeder, commercial
  1 11 kennel, or dealer, pet shop, or public auction to whom a state
  1 12 license is issued by the department pursuant to section 162.2A.
  1 13    b.  A commercial breeder, dealer, or public auction to whom
  1 14 a state license is issued in lieu of a permit by the department
  1 15 pursuant to section 162.2A.
  1 16    Sec. 3.  Section 162.2A, Code 2018, is amended to read as
  1 17 follows:
  1 18    162.2A  Application, issuance, and renewal of authorizations.
  1 19    1.  The department shall provide for the operation
  1 20 of a commercial establishment by issuing or renewing an
  1 21 authorization, including any of the following:
  1 22    a.  A certificate of registration for a pound, animal
  1 23 shelter, or research facility.
  1 24    b.  A state license for a boarding kennel, commercial
  1 25 breeder, commercial kennel, or dealer, pet shop, or public
  1 26 auction.
  1 27    c.  A state license or permit for a commercial breeder,
  1 28 dealer, or public auction. A federal licensee must apply for
  1 29 and be issued either a permit or a state license in lieu of a
  1 30 permit.
  1 31    2.  A person must be issued a separate state license,
  1 32 certificate of registration, or permit authorization for each
  1 33 commercial establishment owned or operated by the person.
  1 34    3.  A person must apply for the issuance or renewal of an
  1 35 authorization on forms and according to procedures required by
  2  1 rules adopted by the department. The application shall contain
  2  2 information required by the department, including but not
  2  3 limited to all of the following:
  2  4    a.  The person's name.
  2  5    b.  The person's principal office or place of business.
  2  6    c.  The name, address, and type of commercial establishment
  2  7 covered by the authorization.
  2  8    d.  The person's identification number. Notwithstanding
  2  9 chapter 22, the department shall keep the person's tax
  2 10 identification number confidential except for purposes of tax
  2 11 administration by the department of revenue, including as
  2 12 provided in section 421.18.
  2 13    4.  The authorization expires on an annual basis as
  2 14 provided by the department, and must be renewed by the
  2 15 commercial establishment on an annual basis on or before the
  2 16 authorization's expiration date.
  2 17    5.  a.  A commercial establishment applying for the issuance
  2 18 or renewal of a permit shall provide the department with proof
  2 19 that the person is a federal licensee.  Before approving
  2 20 an application to issue a person a license as a commercial
  2 21 breeder, dealer, or pet shop, the department shall inspect
  2 22 the premises of the applicant's commercial establishment,
  2 23 pursuant to section 162.10B.  The department shall disapprove
  2 24 the application if it determines that if the application were
  2 25 approved, the commercial establishment would not comply with
  2 26 the standard of care required under section 162.10A, including
  2 27 any rules adopted pursuant to that section.  If the department
  2 28 disapproves the application, the person may submit a new
  2 29 application for the same or different license described in
  2 30 this subsection.  However, the department shall not accept an
  2 31 application that is submitted earlier than six months after the
  2 32 date that the department disapproved the previous application.
  2 33 The department shall not approve an application submitted by
  2 34 a person who has applied for any license described in this
  2 35 subsection and has been denied a license more than twice.
  3  1    b.  The department shall not require that it must enter onto
  3  2 the premises of a commercial establishment in order to issue a
  3  3 permit. The department shall not require that it must enter
  3  4 onto the premises of a commercial establishment in order to
  3  5 renew a permit, unless it has reasonable cause to monitor the
  3  6 commercial establishment as provided in section 162.10C.
  3  7    Sec. 4.  Section 162.2B, subsection 1, Code 2018, is amended
  3  8 to read as follows:
  3  9    1.  A commercial establishment shall pay authorization fees
  3 10 to the department for the issuance or renewal of a certificate
  3 11 of registration, or state license, or permit.
  3 12    a.  For the issuance or renewal of a certificate of
  3 13 registration, seventy=five dollars.
  3 14    b.  For the issuance or renewal of a state license,
  3 15  or permit, one hundred seventy=five dollars. However, a
  3 16 commercial breeder who owns, keeps, breeds, or transports
  3 17 a greyhound dog for pari=mutuel wagering at a racetrack as
  3 18 provided in chapter 99D shall pay a different fee for the
  3 19 issuance or renewal of a state license as provided in rules
  3 20 adopted by the department.
  3 21    Sec. 5.  Section 162.7, Code 2018, is amended to read as
  3 22 follows:
  3 23    162.7  Operation of a dealer == state license or permit.
  3 24    A dealer shall only operate pursuant to a state license,
  3 25 or a permit, issued or renewed by the department as provided
  3 26 in section 162.2A.  A dealer who is a state licensee shall
  3 27 maintain records as required by the department in order for the
  3 28 department to ensure compliance with the provisions of this
  3 29 chapter. A dealer who is a permittee may but is not required
  3 30 to maintain records. A dealer shall not purchase a dog or cat
  3 31 from a commercial establishment that does not have operate
  3 32 pursuant to a valid authorization issued or renewed under this
  3 33 chapter or a similar authorization issued or renewed by another
  3 34 state.
  3 35    Sec. 6.  Section 162.8, Code 2018, is amended to read as
  4  1 follows:
  4  2    162.8  Operation of a commercial breeder == state license or
  4  3 permit.
  4  4    A commercial breeder shall only operate pursuant to a state
  4  5 license, or a permit, issued or renewed by the department
  4  6 as provided in section 162.2A.  A commercial breeder who is
  4  7 a state licensee shall maintain records as required by the
  4  8 department in order for the department to ensure the commercial
  4  9 breeder's compliance with the provisions of this chapter. A
  4 10 commercial breeder who is a permittee may but is not required
  4 11 to maintain records. A commercial breeder shall not purchase a
  4 12 dog or cat from a commercial establishment that does not have
  4 13  operate pursuant to a valid authorization issued or renewed
  4 14 under this chapter or a similar authorization issued or renewed
  4 15 by another state.
  4 16    Sec. 7.  Section 162.9A, Code 2018, is amended to read as
  4 17 follows:
  4 18    162.9A  Operation of a public auction == state license or
  4 19 permit.
  4 20    A public auction shall only operate pursuant to a state
  4 21 license, or a permit, issued or renewed by the department
  4 22 as provided in section 162.2A.  A public auction which is
  4 23 a state licensee shall maintain records as required by the
  4 24 department in order for the department to ensure the public
  4 25 auction's compliance with the provisions of this chapter. A
  4 26 public auction which is a permittee may but is not required to
  4 27 maintain records. A public auction shall not purchase a dog or
  4 28 cat from a commercial establishment that does not have a valid
  4 29 authorization issued or renewed under this chapter or a similar
  4 30 authorization issued or renewed by another state.
  4 31    Sec. 8.  Section 162.10A, Code 2018, is amended to read as
  4 32 follows:
  4 33    162.10A  Commercial establishments == standard of care.
  4 34    1.  a.  A commercial establishment shall provide for a
  4 35 standard of care that ensures that an animal in its possession
  5  1 or under its control is not lacking any of the following:
  5  2    (1)  Adequate feed, adequate water, housing facilities,
  5  3 sanitary control, or grooming practices, if such lack causes
  5  4 adverse health or suffering that is of a quantity and quality
  5  5 suitable for the species, age, and condition of the animal to
  5  6 maintain a reasonable level of nutrition.  The food must be
  5  7 provided to the animal at least once each twenty=four hours,
  5  8 unless otherwise specified by a licensed veterinarian in
  5  9 writing.
  5 10    (2)  Continuous access to a supply of clean, fresh,
  5 11 potable water, that is not frozen, and is provided in a
  5 12 sanitary manner, except as otherwise specified by a licensed
  5 13 veterinarian in writing.
  5 14    (2)  (3)  Veterinary care.
  5 15    b.  A commercial establishment, other than a research
  5 16 facility or pet shop, shall provide for the standard of care
  5 17 for dogs and cats in its possession or under its control, and a
  5 18 research facility or pet shop shall provide for the standard
  5 19 of care for vertebrate animals in its possession or under its
  5 20 control.
  5 21    2.  a.  Except as provided in paragraph "b", or "c", a
  5 22 commercial establishment shall comply with rules that the
  5 23 department adopts to implement subsection 1 administer and
  5 24 enforce this section. A commercial establishment shall be
  5 25 regulated under this paragraph "a" unless the person is a state
  5 26 licensee as provided in paragraph "b" or a permittee as provided
  5 27 in paragraph "c".
  5 28    b.  A state licensee who is a commercial breeder owning,
  5 29 breeding, transporting, or keeping a greyhound dog for
  5 30 pari=mutuel wagering at a racetrack as provided in chapter 99D
  5 31 may be required to comply with different rules adopted by the
  5 32 department.
  5 33    c.  A permittee is not required to comply with rules that the
  5 34 department adopts to implement a standard of care as provided
  5 35 in subsection 1 for state licensees and registrants. The
  6  1 department may adopt rules regulating a standard of care for
  6  2 a permittee, so long as the rules are not more restrictive
  6  3 than required for a permittee under the Animal Welfare Act.
  6  4 However, the department may adopt prescriptive rules relating
  6  5 to the standard of care. Regardless of whether the department
  6  6 adopts such rules, a permittee meets the standard of care
  6  7 required in subsection 1 if it voluntarily complies with rules
  6  8 applicable to state licensees or registrants. A finding by
  6  9 the United States department of agriculture that a permittee
  6 10 complies with the Animal Welfare Act is not conclusive when
  6 11 determining that the permittee provides a standard of care
  6 12 required in subsection 1.
  6 13    3.  A commercial breeder shall ensure that a dog or cat is
  6 14 comfortably housed in a primary enclosure as follows:
  6 15    a.  The floor must be constructed in a manner that satisfies
  6 16 all of the following requirements:
  6 17    (1)  Prevents the dog's or cat's toes, feet, or legs from
  6 18 being injured.
  6 19    (2)  Has an even surface. 
  6 20    (3)  Uses materials that do not sag.
  6 21    (4)  Does not use perforated materials, unless any portion
  6 22 of the dog's or cat's feet or toes are prevented from passing
  6 23 through the surface.
  6 24    b.  The floor must not be constructed with any of the
  6 25 following:
  6 26    (1)  Wire strand.
  6 27    (2)  Slats that are less than one and one=half inches in
  6 28 width.
  6 29    c.  (1)  A primary enclosure housing dogs shall be subject to
  6 30 special requirements as follows:
  6 31    (a)  For each dog that measures less than twenty=five inches
  6 32 in length, the dog's primary enclosure must include at least
  6 33 twelve square feet of indoor floor space.
  6 34    (b)  For each dog that measures twenty=five inches or more
  6 35 but less than thirty=five inches in length, the dog's primary
  7  1 enclosure must include at least twenty square feet of indoor
  7  2 floor space.
  7  3    (c)  For each dog that measures more than thirty=five inches
  7  4 in length, the dog's primary enclosure must include at least
  7  5 thirty square feet of indoor floor space.
  7  6    (2)  A dog shall be measured from the tip of its nose to the
  7  7 base of its tail. 
  7  8    d.  A commercial breeder shall not permanently tether a dog.
  7  9 A commercial breeder shall not temporarily tether a dog, unless
  7 10 it is done pursuant to a written waiver issued by the state
  7 11 veterinarian that specifies the conditions for tethering. 
  7 12    4.  A commercial breeder shall ensure that a dog or cat
  7 13 housed in an environment complies with the following:
  7 14    a.  For an indoor environment, the ambient temperature,
  7 15 during any four consecutive hours, must not be less than
  7 16 forty=five degrees Fahrenheit and not more than eighty=five
  7 17 degrees Fahrenheit.  The commercial breeder must furnish dry
  7 18 bedding, solid resting boards, or other methods of conserving
  7 19 the dog's or cat's body heat during any period when the
  7 20 temperature is less than forty=five degrees Fahrenheit.
  7 21    b.  For an outdoor environment, the commercial breeder shall
  7 22 make one or more places of refuge available that meets the
  7 23 following requirements:
  7 24    (1)  (a)  It must include one or more sheltered structures
  7 25 capable of allowing each dog or cat to sit, stand, lie in
  7 26 a normal manner, and to turn about freely.  The sheltered
  7 27 structure must be constructed with a roof, four walls, and a
  7 28 floor.  The sheltered structure must have a wind break and rain
  7 29 break at the entrance.  The sheltered structure must provide
  7 30 each dog or cat with adequate protection from normal outdoor
  7 31 conditions, including cold, heat, the sun, wind, rain, and
  7 32 snow.  
  7 33    (b)  It must be furnished with clean, dry bedding material if
  7 34 the ambient temperature is less than fifty degrees Fahrenheit.
  7 35 A commercial breeder shall furnish the sheltered structure
  8  1 with additional clean, dry bedding during any period when the
  8  2 temperature is lower than thirty=five degrees Fahrenheit. 
  8  3    (2)  It must include one or more natural areas or constructed
  8  4 areas so that each dog or cat may be protected from the sun
  8  5 or wind.  A natural area may include one or more trees with
  8  6 adequate foliage.  A constructed area may include one or more
  8  7 awnings, suspended shade cloths, or heavy duty tarps.  A
  8  8 constructed area must be maintained in good repair and firmly
  8  9 secured to a frame.  
  8 10    c.  (1)  Notwithstanding paragraphs "a" and "b", an at=risk
  8 11 dog or cat must be maintained in an indoor environment having
  8 12 an ambient temperature that is not less than fifty degrees
  8 13 Fahrenheit.  A dog or cat is at risk if it is any of the
  8 14 following:
  8 15    (a)  Not acclimated to temperatures lower than fifty
  8 16 degrees.
  8 17    (b)  Belongs to a breed that cannot tolerate temperatures
  8 18 lower than fifty degrees without stress or discomfort.
  8 19    (c)  Is sick, infirm, aged, or immature.
  8 20    (2)  When the at=risk status of a dog or cat as under
  8 21 subparagraph (1) cannot be immediately determined, it is
  8 22 presumed that the dog or cat is at risk until the status is
  8 23 determined.
  8 24    (3)  This paragraph "c" does not apply to the extent that a
  8 25 licensed veterinarian provides in writing for the alternative
  8 26 care of the at=risk dogs and cats.
  8 27    5.  A commercial breeder shall ensure that a dog or cat
  8 28 is provided at least one personal examination by a licensed
  8 29 veterinarian during each twelve=month period, including but
  8 30 not limited to a comprehensive physical examination, dental
  8 31 assessment, pain assessment, and body condition scoring.  
  8 32    3.  6.  A commercial establishment fails to provide for a
  8 33 standard of care as provided in subsection 1 this section if
  8 34 the commercial establishment commits abuse as described in
  8 35 section 717B.2, neglect as described in section 717B.3, or
  9  1 torture as provided in section 717B.3A.
  9  2    Sec. 9.  Section 162.10B, Code 2018, is amended to read as
  9  3 follows:
  9  4    162.10B  Commercial establishments == inspecting state
  9  5 licensees and registrants.
  9  6    1.  The department may inspect the commercial establishment
  9  7 of a registrant or state licensee by entering onto its
  9  8 business premises at any time during normal working hours. The
  9  9 department may inspect records required to be maintained by the
  9 10 state licensee or registrant as provided in this chapter. If
  9 11 the owner or person in charge of the commercial establishment
  9 12 refuses admittance, the department may obtain an administrative
  9 13 search warrant issued under section 808.14.
  9 14    2.  In addition to the inspection required under section
  9 15 162.2A, the department shall inspect the commercial
  9 16 establishment of a commercial breeder, dealer, or pet shop
  9 17 at least once annually, and upon complaint.  The department
  9 18 shall prepare and keep a record of an inspection report.  The
  9 19 inspection report shall include detailed findings, including
  9 20 explanation of any noncompliance with the standard of care in
  9 21 section 162.10A or any rules adopted pursuant to this chapter,
  9 22 and any photographs taken.  The department shall maintain such
  9 23 inspection reports for three years.
  9 24    3.  If the commercial establishment holds a federal license,
  9 25 the department shall report any findings resulting in an
  9 26 enforcement action under section 162.10D to the United States
  9 27 department of agriculture.
  9 28    Sec. 10.  Section 162.11, subsection 1, Code 2018, is amended
  9 29 by striking the subsection.
  9 30    Sec. 11.  REPEAL.  Section 162.10C, Code 2018, is repealed.
  9 31    Sec. 12.  EFFECTIVE UPON ENACTMENT.  Except as otherwise
  9 32 provided in this Act, this Act takes effect upon enactment.
  9 33    Sec. 13.  EFFECTIVE DATE.  Section 162.10A, subsections 3
  9 34 through 5, as enacted in this Act, take effect January 1, 2019.
  9 35                           EXPLANATION
 10  1 The inclusion of this explanation does not constitute agreement with
 10  2 the explanation's substance by the members of the general assembly.
 10  3    This bill amends provisions in Code chapter 162 that
 10  4 authorize the department of agriculture and land stewardship
 10  5 (DALS) to regulate certain animals (excluding agricultural
 10  6 animals) kept in commercial establishments.  Generally,
 10  7 commercial establishments must obtain a license or certificate
 10  8 of registration.
 10  9    STATE LICENSES.  The bill addresses several types of
 10 10 commercial establishments that have obtained a federal license
 10 11 and a state permit in lieu of a state license, including a
 10 12 public auction (Code section 162.9A), dealer (Code section
 10 13 162.7), and commercial breeder (Code section 162.8).  Under the
 10 14 bill, a federally licensed commercial establishment must obtain
 10 15 a state license. The bill also provides that before approving
 10 16 an application for a state license as a commercial breeder,
 10 17 dealer, or pet shop, DALS must inspect the premises of the
 10 18 applicant's commercial establishment.  If the DALS disapproves
 10 19 an application more than once, it is prohibited from accepting
 10 20 a new application.
 10 21    STANDARD OF CARE.  The bill provides new standard of
 10 22 care requirements for a commercial breeder of dogs or cats,
 10 23 including the construction of their primary enclosures, and
 10 24 whether they are housed in an indoor or outdoor environment.
 10 25 For an indoor environment, the bill provides ranges for ambient
 10 26 air temperature, and for an outdoor environment, it requires
 10 27 the use of sheltered structures constructed according to a
 10 28 number of specifications and natural or constructed areas where
 10 29 the animal is protected from the sun or wind.  It also requires
 10 30 that the commercial breeder ensure that each dog or cat is
 10 31 provided an annual examination by a veterinarian.
 10 32    INSPECTIONS.  The bill requires DALS to inspect the
 10 33 commercial establishment of a commercial breeder, dealer, or
 10 34 pet shop at least once annually, and upon complaint.  The
 10 35 inspection report shall include detailed findings, including
 11  1 explanation of any noncompliance with the standard of care in
 11  2 Code section 162.10A or any rules adopted pursuant to this
 11  3 Code chapter, and any photographs taken.  The department
 11  4 shall maintain such inspection reports for three years.  The
 11  5 bill also requires that if the commercial establishment holds
 11  6 a federal license, DALS must submit any findings resulting
 11  7 in an enforcement action to the United States department of
 11  8 agriculture.
 11  9    APPLICABLE PENALTIES.  DALS is authorized to establish,
 11 10 impose, and assess civil penalties for violations of the Code
 11 11 chapter's provisions.   The civil penalty is up to $500 per day
 11 12 of a violation. For a housing violation, the civil penalty is
 11 13 assessed for the first day, but not for the subsequent 15 days
 11 14 to allow for correction according to a departmental plan. For
 11 15 an unauthorized commercial establishment, the civil penalty is
 11 16 up to $1,000 per day of a violation, without a grace period for
 11 17 a housing violation (Code section 162.12A).
 11 18    CRIMINAL PENALTIES.  A person who violates a standard of care
 11 19 is guilty of a simple misdemeanor. A person who operates a
 11 20 commercial establishment without obtaining an authorization is
 11 21 guilty of a simple misdemeanor (Code section  162.13).  A simple
 11 22 misdemeanor is punishable by confinement for no more than 30
 11 23 days or a fine of at least $65 but not more than $625 or by
 11 24 both.
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