Senate File 2365 S-5124 Amend Senate File 2365 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 216.8B Assistance animals and 4 service animals in housing —— penalty. 5 1. For purposes of this section, unless the context 6 otherwise requires: 7 a. “Assistance animal” means an animal that qualifies as a 8 reasonable accommodation under the federal Fair Housing Act, 42 9 U.S.C. §3601 et seq., as amended, or section 504 of the federal 10 Rehabilitation Act of 1973, 29 U.S.C. §794, as amended. 11 b. “Service animal” means a dog or miniature horse as set 12 forth in the implementing regulations of Title II and Title 13 III of the federal Americans with Disabilities Act of 1990, 42 14 U.S.C. §12101 et seq. 15 2. A landlord shall waive lease restrictions and additional 16 payments normally required for pets on the keeping of animals 17 for the assistance animal or service animal of a person with 18 a disability. 19 3. A tenant is liable for damage done to any dwelling by an 20 assistance animal or service animal. 21 4. A person who knowingly denies or interferes with the 22 right of a person with a disability under this section is, upon 23 conviction, guilty of a simple misdemeanor. 24 Sec. 2. NEW SECTION . 216.8C Finding of disability and need 25 for an assistance animal or service animal in housing. 26 1. A licensee under chapter 148, 148C, 152, 154B, 154C, 27 or 154D whose assistance is requested by a patient or client 28 seeking a finding that an assistance animal or service animal 29 as defined in section 216.8B, subsection 1, is a reasonable 30 accommodation in housing shall make a written finding regarding 31 whether the patient or client has a disability and, if a 32 disability is found, a separate written finding regarding 33 whether the need for an assistance animal or service animal is 34 related to the disability. 35 -1- SF2365.4476 (2) 87 asf/rj 1/ 5 #1.

2. A licensee under chapter 148, 148C, 152, 154B, 154C, or 1 154D shall not make a finding under subsection 1 unless all of 2 the following circumstances are present: 3 a. The licensee has met with the patient or client in person 4 or by telemedicine. 5 b. The licensee is sufficiently familiar with the patient 6 or client and the disability. 7 c. The licensee is legally and professionally qualified to 8 make the finding. 9 3. The commission, in consultation with the consumer 10 protection division of the office of the attorney general, 11 shall adopt rules regarding the making of a written finding 12 by licensees under this section. The rules shall include a 13 form for licensees to document the licensees’ written finding. 14 The form shall recite this section’s requirements and comply 15 with the federal Fair Housing Act, 42 U.S.C. §3601 et seq., 16 as amended, and section 504 of the federal Rehabilitation Act 17 of 1973, 29 U.S.C. §794, as amended. The form shall ask only 18 two questions regarding the qualifications of the patient or 19 client. The form shall ask whether a person has a disability 20 and whether the need for an assistance animal or service animal 21 is related to the disability. The form shall indicate that the 22 responses must be limited to “yes” or “no”. The form shall not 23 allow for additional detail. 24 4. A person who, in the course of employment, is asked to 25 make a finding of disability and disability-related need for 26 an assistance animal or service animal shall utilize the form 27 created by the commission to document the person’s written 28 finding. 29 5. A landlord may deny a request for an exception to a 30 pet policy if a person, who doesn’t have a readily apparent 31 disability, or a disability known to the landlord, fails 32 to provide documentation indicating that the person has a 33 disability and the person has a disability-related need for an 34 assistance animal or service animal. 35 -2- SF2365.4476 (2) 87 asf/rj 2/ 5

6. This section does not limit the means by which a person 1 with a disability may demonstrate, pursuant to state or federal 2 law, that the person has a disability or that the person has 3 a disability-related need for an assistance animal or service 4 animal. 5 Sec. 3. Section 216C.11, Code 2018, is amended to read as 6 follows: 7 216C.11 Service dogs and assistive animals Service animals 8 and service-animals-in-training —— penalty . 9 1. For purposes of this section , unless context otherwise 10 requires: 11 a. “Disability” means the physical or mental condition of 12 a person which constitutes a substantial disability, and the 13 condition of a person with a positive human immunodeficiency 14 virus test result, a diagnosis of acquired immune deficiency 15 syndrome, a diagnosis of acquired immune deficiency 16 syndrome-related complex, or any other condition related to 17 acquired immune deficiency syndrome. The inclusion of a 18 condition related to a positive human immunodeficiency virus 19 test result in the meaning of “disability” under the provisions 20 of this section does not preclude the application of the 21 provisions of this section to conditions resulting from other 22 contagious or infectious diseases. 23 b. “service dog” means a dog specially trained to assist a 24 person with a disability, whether described as a service dog, 25 a support dog, an independence dog, or otherwise. “Assistive 26 animal” means a simian or other animal specially trained or 27 in the process of being trained to assist a person with a 28 disability. “Service animal” means a dog or miniature horse as 29 set forth in the implementing regulations of Title II and Title 30 III of the federal Americans with Disabilities Act of 1990, 42 31 U.S.C. §12101 et seq. 32 2. A person with a disability, a person assisting a 33 person with a disability by controlling a service dog or an 34 assistive animal animal or a service-animal-in-training , or 35 -3- SF2365.4476 (2) 87 asf/rj 3/ 5

a person training a service dog or an assistive animal has 1 the right to be accompanied by a service dog or an assistive 2 animal, under control, in any of the places listed in sections 3 216C.3 and 216C.4 without being required to make additional 4 payment for the service dog or assistive animal animal or 5 service-animal-in-training . A landlord shall waive lease 6 restrictions on the keeping of animals for the service dog or 7 assistive animal of a person with a disability. The person is 8 liable for damage done to any premises or facility by a service 9 dog or assistive animal. 10 3. A person who knowingly denies or interferes with the 11 right of a person under this section is, upon conviction, 12 guilty of a simple misdemeanor. 13 4. a. A person who intentionally misrepresents an animal 14 as a service animal or a service-animal-in-training is, upon 15 conviction, guilty of a simple misdemeanor. 16 b. A person commits the offense of intentional 17 misrepresentation of an animal as a service animal or a 18 service-animal-in-training, if all of the following elements 19 are established: 20 (1) For the purpose of obtaining any of the rights or 21 privileges set forth in state or federal law, the person 22 intentionally misrepresents an animal in one’s possession 23 as one’s service animal or service-animal-in-training 24 or a person with a disability’s service animal or 25 service-animal-in-training whom the person is assisting by 26 controlling. 27 (2) The person was previously given a written or 28 verbal warning regarding the fact that it is illegal to 29 intentionally misrepresent an animal as a service animal or a 30 service-animal-in-training. 31 (3) The person knows that the animal in question is not a 32 service animal or a service-animal-in-training. 33 Sec. 4. EMERGENCY RULES. The Iowa civil rights commission 34 may adopt emergency rules under section 17A.4, subsection 3, 35 -4- SF2365.4476 (2) 87 asf/rj 4/ 5

and section 17A.5, subsection 2, paragraph “b”, to implement 1 the section of this Act enacting section 216.8C and the rules 2 shall be effective immediately upon filing. Any rules adopted 3 in accordance with this section shall also be published as a 4 notice of intended action as provided in section 17A.4. 5 Sec. 5. APPLICABILITY. The section of this Act enacting 6 section 216.8C applies once rules are adopted. Prior to the 7 adoption of the rules and creation of a licensee’s written 8 finding form, a tenant seeking an assistance animal or a 9 service animal as a reasonable accommodation in housing 10 shall otherwise demonstrate pursuant to state or federal law 11 that the person has a disability and that the person has a 12 disability-related need for an assistance animal or service 13 animal. > 14 2. Title page, by striking lines 1 through 6 and inserting 15 < An Act relating to assistance animals and service animals in 16 housing and misrepresentation of an animal as a service animal 17 or a service-animal-in-training and providing penalties and 18 including applicability provisions. > 19 ______________________________ DAN DAWSON -5- SF2365.4476 (2) 87 asf/rj 5/ 5 #2.