Bill Text: IA SF2290 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to persons who are no longer authorized to operate as commercial breeders, and providing for penalties. (Formerly SF 2073.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2012-03-19 - Referred to Agriculture. S.J. 581. [SF2290 Detail]
Download: Iowa-2011-SF2290-Introduced.html
Senate
File
2290
-
Introduced
SENATE
FILE
2290
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
SF
2073)
A
BILL
FOR
An
Act
relating
to
persons
who
are
no
longer
authorized
to
1
operate
as
commercial
breeders,
and
providing
for
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
162.2A,
Code
2011,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
6.
A
commercial
establishment
may
3
relinquish
an
authorization
issued
or
renewed
by
the
department
4
pursuant
to
this
section,
in
a
manner
required
by
the
5
department.
6
NEW
SUBSECTION
.
7.
Notwithstanding
this
section,
the
7
department
may
issue
a
temporary
authorization
to
a
person
in
8
order
to
wind
up
the
affairs
of
a
commercial
establishment.
9
Sec.
2.
NEW
SECTION
.
162.8A
Operation
of
a
commercial
10
breeder
——
authorization
invalid.
11
1.
This
section
applies
to
a
person
issued
an
authorization
12
by
the
department
in
the
form
of
a
state
license
or
permit,
13
for
operation
as
a
commercial
breeder,
if
the
person’s
14
authorization
becomes
invalid
because
it
has
expired
and
has
15
not
been
renewed
by
the
department
as
provided
in
section
16
162.2A,
was
revoked
by
the
department
as
provided
in
section
17
162.10D,
or
was
relinquished
to
the
department
as
provided
in
18
section
162.2A.
19
2.
Not
later
than
one
hundred
twenty
days
after
the
person’s
20
authorization
is
no
longer
valid,
the
person
must
at
least
do
21
one
of
the
following:
22
a.
Obtain
a
new
authorization
issued
by
the
department
to
23
operate
as
a
commercial
breeder.
24
b.
Sterilize
the
dogs
or
cats
in
the
same
manner
as
25
prescribed
in
section
162.20.
26
c.
Dispose
of
the
dogs
or
cats.
The
person
may
accomplish
27
the
disposition
by
transferring
title,
possession,
and
control
28
of
unsterilized
dogs
or
cats
to
another
person.
The
person
may
29
sell
the
dogs
or
cats
to
another
person
if
issued
a
temporary
30
authorization
as
provided
in
section
162.2A.
Alternatively,
31
the
person
may
accomplish
the
disposition
by
humane
destruction
32
in
the
manner
provided
in
section
162.13.
33
3.
Not
later
than
one
hundred
twenty
days
after
the
person’s
34
authorization
is
no
longer
valid,
the
person
shall
submit
a
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written
statement
to
the
department.
The
statement
shall
1
detail
how
the
person
complied
with
the
requirements
of
this
2
section,
including
by
identifying
the
dogs
or
cats
that
have
3
been
sterilized
or
disposed
of
by
transfer
to
another
or
humane
4
destruction.
The
statement
shall
also
identify
the
dogs
or
5
cats
that
were
not
sterilized
or
subject
to
disposition
as
6
allowed
in
this
section.
7
4.
The
person
is
subject
to
the
provisions
of
chapter
717B.
8
5.
Notwithstanding
subsection
2,
a
person
whose
9
authorization
becomes
invalid
may
continue
to
own,
possess,
and
10
control
up
to
three
dogs
or
cats
capable
of
breeding.
11
Sec.
3.
Section
162.12A,
Code
2011,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
1A.
A
person
whose
authorization
to
operate
14
as
a
commercial
breeder
is
invalid
and
who
does
not
comply
15
with
the
requirements
of
section
162.8A
is
subject
to
a
civil
16
penalty
of
not
more
than
five
hundred
dollars.
Each
day
that
a
17
violation
continues
shall
be
deemed
a
separate
offense.
18
EXPLANATION
19
BACKGROUND.
In
2010,
the
general
assembly
enacted
HF
20
2280
(2010
Iowa
Acts,
ch.
1030)
authorizing
the
department
21
of
agriculture
and
land
stewardship
(department)
to
regulate
22
commercial
establishments
that
possess
or
control
animals,
23
other
than
animals
used
for
an
agricultural
purpose
(Code
24
chapter
162).
A
commercial
establishment
includes
an
animal
25
shelter,
pound,
or
research
facility
which
must
be
issued
a
26
certificate
of
registration;
a
pet
shop,
boarding
kennel,
or
27
commercial
kennel
which
must
be
issued
a
state
license;
and
28
a
commercial
breeder,
dealer,
or
public
auction
which
must
29
be
issued
a
state
license,
but
may
be
issued
a
permit
if
30
federally
licensed.
All
of
these
documents
are
referred
to
31
as
authorizations
(Code
section
162.2A).
The
department
may
32
take
disciplinary
action
against
a
commercial
establishment
by
33
suspending
or
revoking
its
authorization.
34
RELINQUISHMENT.
The
bill
provides
that
a
commercial
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establishment
may
relinquish
an
authorization
according
to
1
rules
adopted
by
the
department.
2
COMMERCIAL
BREEDERS
WHOSE
STATE
LICENSES
OR
PERMITS
HAVE
3
BEEN
REVOKED
OR
RELINQUISHED.
The
bill
provides
that
a
person
4
whose
state
license
or
permit
for
operation
as
a
commercial
5
breeder
was
revoked
must
comply
with
one
of
three
requirements.
6
First,
the
person
may
obtain
a
new
state
license
or
permit.
7
Second,
the
person
may
sterilize
the
dogs
or
cats.
Third,
8
the
person
may
reduce
the
number
of
dogs
or
cats
owned
by
the
9
person
or
in
the
person’s
possession
or
under
its
control.
10
The
reduction
may
be
accomplished
by
transfer
or
humane
11
destruction.
The
person
must
also
submit
a
statement
to
the
12
department
verifying
how
the
person
complied
with
the
bill’s
13
requirements.
Notwithstanding
the
sterilization
and
reduction
14
requirements,
the
person
may
keep
three
or
fewer
breeding
dogs
15
or
cats.
16
CIVIL
PENALTIES.
The
bill
provides
that
a
person
who
does
17
not
comply
with
the
compliance
requirements
is
subject
to
a
18
civil
penalty
of
not
more
than
$500
and
each
day
that
violation
19
continues
constitutes
a
separate
offense.
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