Providing for the regulation of commercial establishments maintaining certain animals, providing fees, and making penalties applicable

GENERAL. This bill amends Code chapter 162 by providing for the regulation of commercial establishments that possess or control animals for business purposes on a profit or nonprofit basis, but not including livestock or animals used for an agricultural purpose. The Code chapter is administered and enforced by the department of agriculture and land stewardship (DALS). BILL’S PROVISIONS. The bill eliminates the right of a commercial breeder, dealer, or public auction to operate under a permit. All such persons must be issued a state license. The bill provides that DALS may require a state licensee pay a fee based on the number of animals maintained at the commercial establishment. The amount of the fee is established by rule. The bill provides that a DALS inspection of a registrant or a state licensee is required. BACKGROUND —— AUTHORIZATIONS. DALS issues different categories of authorizations to persons operating as commercial establishments. A pound, animal shelter, or research facility must be issued a certificate of registration and a boarding kennel, commercial kennel, or pet shop must be issued a state license.8). BACKGROUND —— FEES.2C). A registrant pays $75 and a state licensee and permittee pays $175. INSPECTIONS.10C). Alternatively, 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 USDA. BACKGROUND —— STANDARD OF CARE.10A). In addition, a registrant or state licensee must comply with DALS’ rules, with one exception. DALS may adopt different rules that apply to a state licensee who keeps greyhounds for racing. A permittee is allowed to meet that standard of care without complying with DALS rules applicable to registrants and state licensees. DALS may adopt special rules for permittees so long as the rules are not more restrictive than the AWA. CIVIL PENALTIES. DALS is required to establish, impose, and assess civil penalties for violations of the Code chapter’s provisions. For an authorized commercial establishment (registrant, state licensee, or permittee), the civil penalty is up to $500 per day of a violation. For a housing violation, the civil penalty is assessed for the first day, but not for the subsequent days to allow for correction according to a DALS plan. For an unauthorized commercial establishment, the civil penalty is up to $1,000 per day of a violation, without a grace period for a housing violation. CRIMINAL PENALTIES. A person who violates a standard of care is guilty of a simple misdemeanor. A person who operates a commercial establishment without obtaining an authorization is also guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855.