Senate
File
476
S-3219
Amend
Senate
File
476
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
Section
351.25,
Code
2023,
is
amended
by
4
striking
the
section
and
inserting
in
lieu
thereof
the
5
following:
6
351.25
Dogs
as
property
——
right
to
own
dog.
7
1.
A
dog
shall
be
deemed
property
if
the
dog
is
any
of
the
8
following:
9
a.
Less
than
four
months
of
age.
10
b.
Owned
by
a
person
as
evidenced
by
proof
of
11
identification,
which
may
include
any
of
the
following:
12
(1)
A
valid
rabies
vaccination
tag
attached
to
the
dog’s
13
collar.
14
(2)
A
tattoo
imprinted
on
the
dog’s
skin
that
may
be
15
visually
observed.
16
(3)
A
device
implanted
under
the
dog’s
skin
that
stores
17
information
in
an
electronic
format.
18
(4)
A
receipt
or
contract
indicating
ownership.
19
(5)
A
record
of
an
ongoing
patient-client
relationship
with
20
a
veterinarian.
21
(6)
An
otherwise
documented
history
of
ownership.
22
2.
A
county
shall
not
adopt,
enforce,
or
otherwise
23
administer
an
ordinance,
motion,
resolution,
or
amendment
24
that
restricts
or
hinders
a
person’s
right
to
own
or
keep
25
a
dog
based
on
the
breed,
perceived
breed,
or
physical
26
characteristics
of
the
dog.
This
subsection
does
not
inhibit
27
the
authority
of
a
county
to
adopt,
enforce,
or
administer
an
28
ordinance,
motion,
resolution,
or
amendment
that
applies
to
all
29
dogs.
30
Sec.
2.
Section
351.33,
Code
2023,
is
amended
to
read
as
31
follows:
32
351.33
Rabies
vaccination.
33
Every
owner
of
a
dog
shall
obtain
a
rabies
vaccination
for
34
such
animal.
It
shall
be
unlawful
for
any
person
to
own
or
have
35
-1-
SF
476.2156
(3)
90
(amending
this
SF
476
to
CONFORM
to
HF
651)
js/ns
1/
4
#1.
a
dog
in
the
person’s
possession,
six
four
months
of
age
or
1
over,
which
that
has
not
been
vaccinated
against
rabies.
Dogs
2
kept
in
kennels
and
not
allowed
to
run
at
large
shall
not
be
3
subject
to
these
vaccination
requirements.
4
Sec.
3.
Section
351.37,
subsections
1
and
2,
Code
2023,
are
5
amended
to
read
as
follows:
6
1.
A
dog
shall
be
apprehended
and
impounded
by
a
local
board
7
of
health
or
law
enforcement
official
or
designated
agent
if
8
the
dog
is
running
at
large
and
the
dog
is
not
wearing
a
valid
9
rabies
vaccination
tag
or
a
rabies
vaccination
certificate
is
10
not
presented
to
the
local
board
of
health
or
law
enforcement
11
official
.
12
2.
The
local
board
of
health
or
law
enforcement
official
13
shall
provide
written
notice
to
the
owner
if
the
local
board
of
14
health
or
law
enforcement
official
can
reasonably
determine
the
15
owner’s
name
and
current
address
by
accessing
a
tag
or
other
16
device
that
is
on
or
a
part
of
the
dog.
The
notice
shall
be
17
sent
within
two
days
after
the
dog
has
been
impounded.
The
18
notice
shall
provide
that
if
the
owner
does
not
redeem
the
dog
19
within
seven
days
from
the
date
that
the
notice
is
delivered,
20
the
dog
may
be
humanely
destroyed
or
otherwise
disposed
of
in
21
accordance
with
law.
For
purposes
of
this
section
,
notice
is
22
delivered
when
the
local
board
of
health
or
law
enforcement
23
official
mails
the
notice
,
which
may
be
by
regular
mail.
An
24
owner
may
redeem
a
dog
by
having
it
immediately
vaccinated
,
25
if
the
dog
is
overdue
for
vaccination,
and
paying
the
cost
of
26
impoundment.
27
Sec.
4.
Section
351.45,
subsection
1,
paragraph
b,
Code
28
2023,
is
amended
to
read
as
follows:
29
b.
The
rabies
vaccination
tag
is
attached
to
a
collar
worn
30
by
a
dog,
including
as
provided
in
sections
section
351.25
and
31
351.26
.
32
Sec.
5.
Section
364.3,
Code
2023,
is
amended
by
adding
the
33
following
new
subsection:
34
NEW
SUBSECTION
.
18.
A
city
shall
not
adopt,
enforce,
or
35
-2-
SF
476.2156
(3)
90
(amending
this
SF
476
to
CONFORM
to
HF
651)
js/ns
2/
4
otherwise
administer
an
ordinance,
motion,
resolution,
or
1
amendment
that
restricts
or
hinders
a
person’s
right
to
own
or
2
keep
a
dog
based
on
the
breed,
perceived
breed,
or
physical
3
characteristics
of
the
dog.
This
subsection
does
not
inhibit
4
the
authority
of
a
city
to
adopt,
enforce,
or
administer
an
5
ordinance,
motion,
resolution,
or
amendment
that
applies
to
all
6
dogs.
7
Sec.
6.
NEW
SECTION
.
515.116
Homeowner’s
and
renter’s
8
insurance
——
dangerous
or
high
risk
dogs.
9
1.
This
section
shall
be
known
and
may
be
cited
as
the
“Dog
10
Breed
Insurance
Underwriting
Protection
Act”
.
11
2.
As
used
in
this
section,
unless
the
context
otherwise
12
requires:
13
a.
“Custody”
means
to
possess,
keep,
or
harbor.
14
b.
“Insurer”
means
the
same
as
defined
in
section
515.115.
15
3.
If
a
homeowner
or
a
renter
has
custody
of
a
dog
16
classified
as
dangerous
or
high
risk
pursuant
to
an
applicable
17
city
ordinance,
the
homeowner
or
renter
shall
have
a
18
homeowner’s
insurance
policy
or
renter’s
insurance
policy
in
an
19
amount
that
is
equal
to
or
greater
than
the
coverage
required
20
by
the
applicable
city
ordinance.
21
4.
If
an
insurer
deems
a
policyholder
has
custody
of
22
a
dog
classified
as
dangerous
or
high
risk
based
on
sound
23
underwriting
and
actuarial
principles
reasonably
related
to
24
actual
or
anticipated
loss
experience,
an
insurer
may
do
any
25
of
the
following:
26
a.
Refuse
to
issue
or
renew
the
policyholder’s
or
potential
27
policyholder’s
homeowner’s
or
renter’s
insurance
policy.
28
b.
Charge
or
impose
a
reasonable
premium
or
rate
increase
29
for
the
policyholder’s
homeowner’s
or
renter’s
insurance
30
policy.
31
c.
Cancel
the
policyholder’s
homeowner’s
or
renter’s
32
insurance
policy.
33
5.
Except
as
otherwise
provided
in
this
section,
this
34
section
does
not
limit
the
rights
and
obligations
of
an
insurer
35
-3-
SF
476.2156
(3)
90
(amending
this
SF
476
to
CONFORM
to
HF
651)
js/ns
3/
4
pursuant
to
an
insurance
policy’s
standards
or
provisions.
1
6.
The
commissioner
may
adopt
rules
pursuant
to
chapter
17A
2
to
implement
and
administer
this
section.
3
Sec.
7.
REPEAL.
Section
351.29,
Code
2023,
is
repealed.
4
Sec.
8.
EFFECTIVE
DATE.
The
section
of
this
Act
enacting
5
section
515.116
takes
effect
one
hundred
eighty
days
after
6
enactment.
7
Sec.
9.
APPLICABILITY.
The
section
of
this
Act
enacting
8
section
515.116
applies
to
all
homeowner’s
and
renter’s
9
insurance
policies
issued
or
renewed
in
the
state
on
or
after
10
the
effective
date
of
the
section
of
this
Act
enacting
section
11
515.116.
>
12
2.
Title
page,
by
striking
lines
1
and
2
and
inserting
13
<
An
Act
relating
to
the
ownership
of
dogs,
making
penalties
14
applicable,
and
including
effective
date
and
applicability
15
provisions
>
16
______________________________
CHRIS
COURNOYER
-4-
SF
476.2156
(3)
90
(amending
this
SF
476
to
CONFORM
to
HF
651)
js/ns
4/
4
#2.