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.