House Study Bill 235 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON SWAIM)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to dogs, including the right to kill a tagged dog
  2    and the liability of a dog's owner for damages caused by the
  3    dog.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2497YC 82
  6 da/es/88

PAG LIN



  1  1    Section 1.  Section 351.27, Code 2007, is amended to read
  1  2 as follows:
  1  3    351.27  RIGHT TO KILL TAGGED DOG.
  1  4    It shall be lawful for any person to kill a dog, wearing a
  1  5 collar with a rabies vaccination tag attached, when the dog is
  1  6 caught in the act of worrying, chasing, maiming, or killing
  1  7 any domestic animal or fowl, or when such dog is attacking or
  1  8 attempting to bite a person.
  1  9    Sec. 2.  Section 351.28, Code 2007, is amended to read as
  1 10 follows:
  1 11    351.28  LIABILITY FOR DAMAGES.
  1 12    The owner of a dog shall be liable to an injured party for
  1 13 all damages done by the dog, when the dog is caught in the
  1 14 action of worrying chasing, maiming, or killing a domestic
  1 15 animal, or the dog is attacking or attempting to bite a
  1 16 person, except when the party damaged is doing an unlawful
  1 17 act, directly contributing to the injury.  This section does
  1 18 not apply to damage done by a dog affected with hydrophobia
  1 19 unless the owner of the dog had reasonable grounds to know
  1 20 that the dog was afflicted with hydrophobia and by reasonable
  1 21 effort might have prevented the injury.
  1 22                           EXPLANATION
  1 23    This bill relates to dogs, including the right to kill a
  1 24 tagged dog and the liability of an owner of a dog for damages
  1 25 caused by the dog.  The bill removes the ability of a person
  1 26 to kill a dog that is wearing a collar with a rabies
  1 27 vaccination tag when the dog is caught in the act of worrying
  1 28 a domestic animal or fowl.  The bill removes the liability of
  1 29 an owner of a dog to an injured party for damages done by the
  1 30 dog when the dog is caught in the act of worrying a domestic
  1 31 animal.  The bill provides that an owner of a dog is liable to
  1 32 an injured party for damages done by the dog when the dog is
  1 33 caught in the act of chasing a domestic animal.
  1 34 LSB 2497YC 82
  1 35 da:nh/es/88