Bill > SF2162

Introduced Session

BACKGROUND —— COMMERCIAL ESTABLISHMENTS. Several Code chapters regulate the mistreatment of animals. Code chapter 162 authorizes the department of agriculture and land stewardship (DALS) to regulate commercial establishments that possess or control animals, other than animals used for an agricultural purpose (livestock). A commercial establishment operates pursuant to an authorization by DALS as an animal shelter, pound, or research facility (registrant); a pet shop, boarding kennel, or commercial kennel (state licensee); or a commercial breeder, dealer, or public auction (state licensee or state permittee if operating under a federal license). A commercial establishment is subject to a standard of care, including providing adequate food, adequate water, housing facilities, sanitary control, grooming practices affecting the health of the animal, and veterinary care (Code section 162.10A). DALS may inspect a registrant or state licensee by entering onto its business premises and may inspect its records. DALS may monitor a permittee by entering onto its business premises for the limited purpose of determining whether the permittee is providing for the required standard of care. In order to enter onto the premises of a permittee, DALS must have reasonable cause supported by an oral or written complaint or a report filed by the United States department of agriculture (Code section 162.10C). The Code chapter also authorizes an animal warden to take custody of an animal (Code sections 162.14 and 162.15). BACKGROUND —— ANIMAL MISTREATMENT. Code chapters 717 and 717B provide criminal penalties for the mistreatment of animals. In addition, a local authority may rescue and a court may provide for the disposition of an animal that is mistreated. The proceeding is civil. Code chapter 717 provides for the mistreatment of livestock by neglect or abuse and Code chapter 717B provides for the mistreatment of animals other than livestock and wildlife by neglect, mistreatment, or abuse. In each case, an animal or livestock may be rescued by the local authority (Code section 717.2A for the neglect of livestock and Code section 717B.5 for the neglect, abuse, or torture of an animal other than livestock and wildlife). Each Code chapter provides for the disposition of a rescued livestock or other animal by petition filed by the local authority in district court (Code section 717.3 for livestock and Code section 717B.4 for other animals). BILL’S PROVISIONS —— GENERAL. This bill provides a substitute process for investigating animals subject to standard-of-care requirements in a commercial establishment under Code chapter 162 and the neglect of livestock and other animals under Code chapters 717 and 717B. The bill also provides a substitute process for determining the disposition of those animals upon petition by a local authority filed in district court. The bill defines this class of animal as a domestic animal (animal). The bill’s provisions apply to a domestic animal enterprise (enterprise), which includes an animal maintained by a commercial establishment and livestock maintained and sold as part of a farming operation. BILL’S PROVISIONS —— INVESTIGATIONS. An enforcement officer is a person who is either employed as a sheriff or city police officer acting under Code chapter 717 or 717B investigating a case of neglect, or a DALS inspector acting under Code chapter 162 investigating a case involving the standard of care. The enforcement officer may enter the premises of an enterprise to conduct an investigation upon a search warrant and after providing notice of the entry to the enterprise. The enforcement officer is subject to several requirements when conducting an investigation, including by not interfering with an employee of the enterprise, threatening the employee, damaging property, or injuring an animal. BILL’S PROVISIONS —— TEMPORARY CARE. The bill provides that a local authority may file a petition for the care of a domestic animal maintained at a domestic animal enterprise with the district court. The petition shall request that the animal be provided temporary care until a dispositional proceeding. The care may be provided by an on-site monitor who oversees that care provided at the enterprise. A veterinarian must sign a statement stating that there is physical evidence that indicates the animal’s condition is consistent with domestic animal neglect. In the case of a domestic animal requiring emergency care, the court may temporarily relocate the animal to a veterinary custodian. In order to issue the order, an emergency relocation statement must be signed by two veterinarians. The bill provides a number of requirements that apply to the care of an animal under the custody of a veterinary custodian, including the rights of the enterprise to be involved in its treatment. A veterinary custodian who violates a requirement is subject to a civil penalty of not more than $1,000 for each day of the violation. BILL’S PROVISIONS —— PERMANENT DISPOSITION. The bill provides for the permanent disposition of an animal subject to care under a petition by a court, which includes returning the animal to the enterprise, destroying the animal by euthanasia, or selling the animal. If the animal is sold, the distribution of proceeds from the sale is also determined by a court. The proceeds are distributed to interested persons, including the local authority incurring costs to care for the animal, and any person who has a legal interest in the animal. The bill eliminates two provisions that provide powers and duties of an animal warden and makes conforming changes.

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Dennis Guth (R)*, 

Subcommittee: Driscoll, Zimmer, and Zumbach. S.J. 256. (on 02/11/2026)

Official Document