Amendment H-8306 to HF 2641

Filed April 10, 2024 in the House by

What it changes

1. Page 6, after line 17 by inserting: “Sec. ___. Section 162.10B, Code 2024, is amended to read as follows: 162.10B Commercial establishments —— inspecting state licensees and registrants or state licensees .
2. The department may shall inspect the commercial establishment of a registrant or state licensee by entering on a priority and scheduled basis.
3. a. The department shall inspect a commercial establishment on a priority basis according to criteria determined relevant by the department. b. The department shall enter onto its the business premises at any time during normal working hours of the registrant or state licensee . The department shall determine whether the registrant or state licensee is complying with section 162.10A. c. The department may inspect records required to be maintained by the state licensee or registrant as provided in this chapter . d. The department must inspect the commercial establishment during normal business hours. e. The department shall inspect the commercial establishment regardless of when the department inspected the commercial establishment on a scheduled basis.
4. The department shall inspect a commercial establishment on a scheduled basis subject to all of the following: a. The department is limited to entering onto the business premises of a state licensee operating as a commercial breeder. b. The department must enter on the business premises of the state licensee once each twelve-month period. c. The department must inspect the commercial establishment during normal business hours. d. The department shall determine whether the state licensee is complying with section 162.10A. e. The department may inspect records required to be maintained by the state licensee.
5. If the owner or person in charge of the commercial establishment refuses admittance to allow an inspection under this section , the department may obtain an administrative search warrant issued under section 808.14 . The person shall comply with the search warrant. Sec. ___. Section 162.10C, Code 2024, is amended to read as follows: 162.10C Commercial establishments —— monitoring permittees.
6. The department may shall monitor the commercial establishment of a permittee by entering onto its business premises at any time during normal working hours for the limited purpose of determining whether the permittee is providing for a standard of care required for permittees under section 162.10A . The department shall monitor the commercial establishment for the limited purpose of determining whether the permittee is providing for a standard of care required for permittees under section 162.10A . If the owner or person in charge of the commercial establishment refuses admittance, the department may obtain an administrative search warrant issued under section 808.14 .
7. In order to enter onto the business premises of a permittee’s commercial establishment, The department shall inspect the commercial establishment of a permittee on a priority and scheduled basis.
8. a. The department shall monitor a commercial establishment on a priority basis, if the department must have has reasonable cause to suspect that the permittee is not providing for the standard of care required for permittees under section 162.10A . (1) Reasonable cause must be supported by any of the following: a. (a) An oral or written complaint received by the department by a person. The complainant must provide the complainant’s name and address and telephone number. Notwithstanding chapter 22 , the department’s record of a complaint is confidential, unless any of the following apply: (1) (i) The results of the monitoring are used in a contested case proceeding as provided in chapter 17A or in a judicial proceeding. (2) (ii) The record is sought in discovery in any administrative, civil, or criminal case. (3) (iii) The department’s record of a complaint is filed by a person other than an individual. b. (b) A report prepared by a person employed by the United States department of agriculture that requires a permittee to take action necessary to correct a breach of standard of care required of federal licensees by the Animal Welfare Act or of permittees by section 162.10A . The department is not required to dedicate any number of hours to viewing or analyzing such reports.
9. (2) When carrying out this section paragraph , the department may cooperate with the United States department of agriculture. The department shall report any findings resulting in an enforcement action under section 162.10D to the United States department of agriculture. b. If the department has reasonable cause, it shall enter onto the business premises of the permittee. The department shall inspect a commercial establishment subject to all of the following: (1) The department shall determine whether the permittee is complying with section 162.10A. (2) The department must inspect the commercial establishment during normal business hours. (3) The department shall inspect the commercial establishment regardless of when the department inspected the commercial establishment on a scheduled basis.
10. The department shall inspect a commercial establishment on a scheduled basis subject to all of the following: a. The department is limited to entering onto the business premises of a permittee operating as a commercial breeder. b. The department must enter onto the business premises of the permittee once each twelve-month period. c. The department must inspect the commercial establishment during normal business hours. d. The department shall determine whether the permittee is complying with section 162.10A.
11. If the owner or person in charge of the commercial establishment refuses to allow the inspection under this section, the department may obtain an administrative search warrant issued under section 808.14. The person shall comply with the search warrant.”
12. Title page, line 3, after “appropriations,” by inserting “making penalties applicable,”
13. By renumbering as necessary.

Official amendment (PDF) · In the Bill Book