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House Study Bill 152 - IntroducedA Bill ForAn Act 1relating to the ownership of dogs, and making penalties
2applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 351.25, Code 2023, is amended by striking
2the section and inserting in lieu thereof the following:
3351.25 Dogs as property — right to own dog.
41. A dog shall be deemed property if the dog is any of the
5following:
6a. Less than four months of age.
7b. Owned by a person as evidenced by proof of
8identification, which may include any of the following:
9(1) A valid rabies vaccination tag attached to the dog’s
10collar.
11(2) A tattoo imprinted on the dog’s skin that may be
12visually observed.
13(3) A device implanted under the dog’s skin that stores
14information in an electronic format.
15(4) A receipt or contract indicating ownership.
16(5) A record of an ongoing patient-client relationship with
17a veterinarian.
18(6) An otherwise documented history of ownership.
192. A county shall not adopt, enforce, or otherwise
20administer an ordinance, motion, resolution, or amendment
21that restricts or hinders a person’s right to own or keep
22a dog based on the breed, perceived breed, or physical
23characteristics of the dog. This subsection does not inhibit
24the authority of a county to adopt, enforce, or administer an
25ordinance, motion, resolution, or amendment that applies to all
26dogs.
27 Sec. 2. Section 351.26, Code 2023, is amended by striking
28the section and inserting in lieu thereof the following:
29351.26 Peace officer authority to kill dog.
30It shall be lawful for a peace officer to kill a dog
31within the peace officer’s respective jurisdiction if such
32jurisdiction has not otherwise provided for the seizure and
33impoundment of dogs or, if the jurisdiction has provided for
34the seizure and impoundment of dogs, no temporary housing
35can reasonably be secured in or near the jurisdiction. This
-1-1section does not apply to a dog that is under the control of the
2owner or an agent of the owner.
3 Sec. 3. Section 351.27, Code 2023, is amended to read as
4follows:
5351.27 Right Authority to kill tagged dog.
6It shall be lawful for any person to kill a dog, wearing a
7collar with a rabies vaccination tag attached, when the dog is
8caught in the act of chasing, maiming, or killing any domestic
9animal or fowl, or when such dog is attacking or attempting to
10bite a person.
11 Sec. 4. Section 351.33, Code 2023, is amended to read as
12follows:
13351.33 Rabies vaccination.
14Every owner of a dog shall obtain a rabies vaccination for
15such animal. It shall be unlawful for any person to own or have
16a dog in the person’s possession, six four months of age or
17over, which that has not been vaccinated against rabies. Dogs
18kept in kennels and not allowed to run at large shall not be
19subject to these vaccination requirements.
20 Sec. 5. Section 351.37, subsections 1 and 2, Code 2023, are
21amended to read as follows:
221. A dog shall be apprehended and impounded by a local board
23of health or law enforcement official or designated agent if
24the dog is running at large and the dog is not wearing a valid
25rabies vaccination tag or a rabies vaccination certificate is
26not presented to the local board of health or law enforcement
27official.
282. The local board of health or law enforcement official
29shall provide written notice to the owner if the local board of
30health or law enforcement official can reasonably determine the
31owner’s name and current address by accessing a tag or other
32device that is on or a part of the dog. The notice shall be
33sent within two days after the dog has been impounded. The
34notice shall provide that if the owner does not redeem the dog
35within seven days from the date that the notice is delivered,
-2-1the dog may be humanely destroyed or otherwise disposed of in
2accordance with law. For purposes of this section, notice is
3delivered when the local board of health or law enforcement
4official mails the notice, which may be by regular mail. An
5owner may redeem a dog by having it immediately vaccinated,
6if the dog is overdue for vaccination, and paying the cost of
7impoundment.
8 Sec. 6. Section 351.45, subsection 1, paragraph b, Code
92023, is amended to read as follows:
10b. The rabies vaccination tag is attached to a collar worn
11by a dog, including as provided in sections section 351.25 and
12351.26.
13 Sec. 7. Section 364.3, Code 2023, is amended by adding the
14following new subsection:
15 NEW SUBSECTION. 18. A city shall not adopt, enforce, or
16otherwise administer an ordinance, motion, resolution, or
17amendment that restricts or hinders a person’s right to own or
18keep a dog based on the breed, perceived breed, or physical
19characteristics of the dog. This subsection does not inhibit
20the authority of a city to adopt, enforce, or administer an
21ordinance, motion, resolution, or amendment that applies to all
22dogs.
23 Sec. 8. REPEAL. Section 351.29, Code 2023, is repealed.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to the ownership of dogs.
28Under current law, a dog is deemed property if the dog is
29under six months of age or if the dog is at least six months of
30age and wearing a collar with a valid rabies vaccination tag
31attached to the collar. A person is prohibited from owning or
32having in possession a dog that is at least six months of age if
33the dog has not been vaccinated against rabies.
34The bill instead states that a dog is deemed property if
35the dog is less than four months of age or certain evidence
-3-1exists to demonstrate ownership. A person is prohibited from
2owning or having in possession a dog that is at least four
3months of age if the dog has not been vaccinated for rabies.
4By operation of law, a person who owns or possesses a dog that
5is at least four months of age that is not vaccinated against
6rabies is guilty of a simple misdemeanor. A simple misdemeanor
7is punishable by confinement for no more than 30 days and a
8fine of at least $105 but not more than $855.
9Under current law, a person may lawfully kill any dog for
10which a rabies vaccination tag is required when the dog is not
11wearing a collar with a rabies vaccination tag attached. A
12peace officer has a duty to kill such a dog within the peace
13officer’s jurisdiction when the jurisdiction does not otherwise
14provide for the seizure and impoundment of dogs. If a dog
15is wearing a collar with a rabies vaccination tag attached,
16a person may lawfully kill the dog if the dog is chasing,
17maiming, or killing any domestic animal or fowl, or when the
18dog is attacking or attempting to bite a person. A dog running
19at large shall be impounded by a local board of health or law
20enforcement official if the dog is not wearing a valid rabies
21vaccination tag or a rabies vaccination certificate is not
22presented to the local board of health or law enforcement
23official.
24The bill instead authorizes only a peace officer to kill a
25dog within the peace officer’s respective jurisdiction if such
26jurisdiction has not otherwise provided for the seizure and
27impoundment of dogs or, if the jurisdiction has provided for
28the seizure and impoundment of dogs, no temporary housing can
29reasonably be secured in or near the jurisdiction. The bill
30does not authorize a peace officer to kill a dog that is under
31the control of the owner or an agent of the owner. However,
32any person may kill a dog that is chasing, maiming, or killing
33any domestic animal or fowl, or when the dog is attacking or
34attempting to bite a person, regardless of whether the dog is
35wearing a collar with a rabies vaccination tag attached. The
-4-1bill authorizes a designated agent of a local board of health
2or law enforcement official to impound a dog running at large.
3The bill prohibits a county or city from adopting,
4enforcing, or otherwise administering an ordinance, motion,
5resolution, or amendment that restricts or hinders a person’s
6right to own or keep a dog based on the breed, perceived
7breed, or physical characteristics of the dog, but does not
8inhibit the authority of a county or city to adopt, enforce, or
9administer an ordinance, motion, resolution, or amendment that
10applies to all dogs.
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2applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 351.25, Code 2023, is amended by striking
2the section and inserting in lieu thereof the following:
3351.25 Dogs as property — right to own dog.
41. A dog shall be deemed property if the dog is any of the
5following:
6a. Less than four months of age.
7b. Owned by a person as evidenced by proof of
8identification, which may include any of the following:
9(1) A valid rabies vaccination tag attached to the dog’s
10collar.
11(2) A tattoo imprinted on the dog’s skin that may be
12visually observed.
13(3) A device implanted under the dog’s skin that stores
14information in an electronic format.
15(4) A receipt or contract indicating ownership.
16(5) A record of an ongoing patient-client relationship with
17a veterinarian.
18(6) An otherwise documented history of ownership.
192. A county shall not adopt, enforce, or otherwise
20administer an ordinance, motion, resolution, or amendment
21that restricts or hinders a person’s right to own or keep
22a dog based on the breed, perceived breed, or physical
23characteristics of the dog. This subsection does not inhibit
24the authority of a county to adopt, enforce, or administer an
25ordinance, motion, resolution, or amendment that applies to all
26dogs.
27 Sec. 2. Section 351.26, Code 2023, is amended by striking
28the section and inserting in lieu thereof the following:
29351.26 Peace officer authority to kill dog.
30It shall be lawful for a peace officer to kill a dog
31within the peace officer’s respective jurisdiction if such
32jurisdiction has not otherwise provided for the seizure and
33impoundment of dogs or, if the jurisdiction has provided for
34the seizure and impoundment of dogs, no temporary housing
35can reasonably be secured in or near the jurisdiction. This
-1-1section does not apply to a dog that is under the control of the
2owner or an agent of the owner.
3 Sec. 3. Section 351.27, Code 2023, is amended to read as
4follows:
5351.27 Right Authority to kill tagged dog.
6It shall be lawful for any person to kill a dog, wearing a
7collar with a rabies vaccination tag attached, when the dog is
8caught in the act of chasing, maiming, or killing any domestic
9animal or fowl, or when such dog is attacking or attempting to
10bite a person.
11 Sec. 4. Section 351.33, Code 2023, is amended to read as
12follows:
13351.33 Rabies vaccination.
14Every owner of a dog shall obtain a rabies vaccination for
15such animal. It shall be unlawful for any person to own or have
16a dog in the person’s possession, six four months of age or
17over, which that has not been vaccinated against rabies. Dogs
18kept in kennels and not allowed to run at large shall not be
19subject to these vaccination requirements.
20 Sec. 5. Section 351.37, subsections 1 and 2, Code 2023, are
21amended to read as follows:
221. A dog shall be apprehended and impounded by a local board
23of health or law enforcement official or designated agent if
24the dog is running at large and the dog is not wearing a valid
25rabies vaccination tag or a rabies vaccination certificate is
26not presented to the local board of health or law enforcement
27official.
282. The local board of health or law enforcement official
29shall provide written notice to the owner if the local board of
30health or law enforcement official can reasonably determine the
31owner’s name and current address by accessing a tag or other
32device that is on or a part of the dog. The notice shall be
33sent within two days after the dog has been impounded. The
34notice shall provide that if the owner does not redeem the dog
35within seven days from the date that the notice is delivered,
-2-1the dog may be humanely destroyed or otherwise disposed of in
2accordance with law. For purposes of this section, notice is
3delivered when the local board of health or law enforcement
4official mails the notice, which may be by regular mail. An
5owner may redeem a dog by having it immediately vaccinated,
6if the dog is overdue for vaccination, and paying the cost of
7impoundment.
8 Sec. 6. Section 351.45, subsection 1, paragraph b, Code
92023, is amended to read as follows:
10b. The rabies vaccination tag is attached to a collar worn
11by a dog, including as provided in sections section 351.25 and
12351.26.
13 Sec. 7. Section 364.3, Code 2023, is amended by adding the
14following new subsection:
15 NEW SUBSECTION. 18. A city shall not adopt, enforce, or
16otherwise administer an ordinance, motion, resolution, or
17amendment that restricts or hinders a person’s right to own or
18keep a dog based on the breed, perceived breed, or physical
19characteristics of the dog. This subsection does not inhibit
20the authority of a city to adopt, enforce, or administer an
21ordinance, motion, resolution, or amendment that applies to all
22dogs.
23 Sec. 8. REPEAL. Section 351.29, Code 2023, is repealed.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to the ownership of dogs.
28Under current law, a dog is deemed property if the dog is
29under six months of age or if the dog is at least six months of
30age and wearing a collar with a valid rabies vaccination tag
31attached to the collar. A person is prohibited from owning or
32having in possession a dog that is at least six months of age if
33the dog has not been vaccinated against rabies.
34The bill instead states that a dog is deemed property if
35the dog is less than four months of age or certain evidence
-3-1exists to demonstrate ownership. A person is prohibited from
2owning or having in possession a dog that is at least four
3months of age if the dog has not been vaccinated for rabies.
4By operation of law, a person who owns or possesses a dog that
5is at least four months of age that is not vaccinated against
6rabies is guilty of a simple misdemeanor. A simple misdemeanor
7is punishable by confinement for no more than 30 days and a
8fine of at least $105 but not more than $855.
9Under current law, a person may lawfully kill any dog for
10which a rabies vaccination tag is required when the dog is not
11wearing a collar with a rabies vaccination tag attached. A
12peace officer has a duty to kill such a dog within the peace
13officer’s jurisdiction when the jurisdiction does not otherwise
14provide for the seizure and impoundment of dogs. If a dog
15is wearing a collar with a rabies vaccination tag attached,
16a person may lawfully kill the dog if the dog is chasing,
17maiming, or killing any domestic animal or fowl, or when the
18dog is attacking or attempting to bite a person. A dog running
19at large shall be impounded by a local board of health or law
20enforcement official if the dog is not wearing a valid rabies
21vaccination tag or a rabies vaccination certificate is not
22presented to the local board of health or law enforcement
23official.
24The bill instead authorizes only a peace officer to kill a
25dog within the peace officer’s respective jurisdiction if such
26jurisdiction has not otherwise provided for the seizure and
27impoundment of dogs or, if the jurisdiction has provided for
28the seizure and impoundment of dogs, no temporary housing can
29reasonably be secured in or near the jurisdiction. The bill
30does not authorize a peace officer to kill a dog that is under
31the control of the owner or an agent of the owner. However,
32any person may kill a dog that is chasing, maiming, or killing
33any domestic animal or fowl, or when the dog is attacking or
34attempting to bite a person, regardless of whether the dog is
35wearing a collar with a rabies vaccination tag attached. The
-4-1bill authorizes a designated agent of a local board of health
2or law enforcement official to impound a dog running at large.
3The bill prohibits a county or city from adopting,
4enforcing, or otherwise administering an ordinance, motion,
5resolution, or amendment that restricts or hinders a person’s
6right to own or keep a dog based on the breed, perceived
7breed, or physical characteristics of the dog, but does not
8inhibit the authority of a county or city to adopt, enforce, or
9administer an ordinance, motion, resolution, or amendment that
10applies to all dogs.
-5-js/ns