Senate File 170 - Introduced



                                       SENATE FILE       
                                       BY  BLACK


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

                                      A BILL FOR

  1 An Act relating to the authority of persons to destroy untagged
  2    or threatening dogs and the liability of owners of such dogs.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2166SS 82
  5 da/es/88

PAG LIN



  1  1    Section 1.  Section 351.26, Code 2007, is amended to read
  1  2 as follows:
  1  3    351.26  RIGHT AND DUTY TO KILL OF PEACE OFFICER TO DESTROY
  1  4 UNTAGGED DOG.
  1  5    It shall be lawful for any person, and the duty of all
  1  6 peace officers within their respective jurisdictions unless
  1  7 such Unless a jurisdiction shall have has otherwise provided
  1  8 for the seizure and impoundment of dogs, to kill any a peace
  1  9 officer of the jurisdiction may destroy a dog for which a
  1 10 rabies vaccination tag is required, when if the dog is not
  1 11 wearing a collar with the rabies vaccination tag attached, and
  1 12 the dog appears rabid.
  1 13    Sec. 2.  Section 351.27, Code 2007, is amended to read as
  1 14 follows:
  1 15    351.27  RIGHT TO KILL TAGGED OF AUTHORIZED PERSON TO
  1 16 DESTROY A DOG.
  1 17    It shall be lawful for any An authorized person to kill may
  1 18 destroy a dog, wearing a collar with a rabies vaccination tag
  1 19 attached, when if the dog is caught in the act of worrying,
  1 20 chasing, maiming, or killing any a domestic animal or fowl, or
  1 21 when such if the dog is attacking or attempting to bite a
  1 22 person.  For purposes of this section, an "authorized person"
  1 23 is the owner or lessee of the land where the dog is located,
  1 24 an agent of the owner or lessee, or a person who the owner or
  1 25 lessee has given permission to be on the land.
  1 26    Sec. 3.  Section 351.28, Code 2007, is amended to read as
  1 27 follows:
  1 28    351.28  LIABILITY FOR DAMAGES.
  1 29    The owner of a dog shall be is liable to an injured party
  1 30 for all damages done by the dog, when the dog is caught in the
  1 31 action act of worrying, chasing, maiming, or killing a
  1 32 domestic animal or fowl, or the dog is attacking or attempting
  1 33 to bite a person, except when the injured party damaged is
  1 34 doing committing an unlawful act, directly contributing to the
  1 35 injury.  This section does not apply to damage done by a dog
  2  1 affected with hydrophobia unless the owner of the dog had
  2  2 reasonable grounds to know that the dog was afflicted with
  2  3 hydrophobia and by reasonable effort might have prevented the
  2  4 injury.
  2  5                           EXPLANATION
  2  6    This bill amends provisions in Code chapter 351, which
  2  7 regulates dogs, including by providing for the vaccination of
  2  8 dogs for rabies (Code section 351.33), the destruction of dogs
  2  9 which are not wearing collars with rabies vaccination tags
  2 10 (Code section 351.26), the destruction of dogs which are
  2 11 attacking domestic animals, fowl, or persons (Code section
  2 12 351.27), and the liability of owners of dogs engaged in an
  2 13 attack (Code section 351.28).
  2 14    Code section 351.26 authorizes a peace officer or any other
  2 15 person to destroy a dog which is not wearing a rabies
  2 16 vaccination tag.  This bill limits that authority to peace
  2 17 officers and requires that the dog appear rabid.
  2 18    Code section 351.27 provides that regardless of whether a
  2 19 dog has a rabies vaccination tag, any person may destroy the
  2 20 dog when it is worrying, chasing, maiming, or killing a
  2 21 domestic animal or fowl or is attacking a person.  The bill
  2 22 limits this right to an authorized person, defined as the
  2 23 owner or lessee of the land where the dog is located, an agent
  2 24 of the owner or lessee, or a person who the owner or lessee
  2 25 has given permission to be on the land.  The bill also removes
  2 26 the term "worrying".
  2 27    Code section 351.28 provides that the owner of a dog is
  2 28 liable for damages done by the owner's dog when the dog is
  2 29 worrying, chasing, maiming, or killing a domestic animal or is
  2 30 attacking a person.  However, the Code section provides that
  2 31 the owner is not liable in two situations:  (1) if the injured
  2 32 party suffering the damages is engaged in an unlawful act
  2 33 contributing to the injury; and (2) if the dog is infected
  2 34 with rabies, unless the owner knew or should have known of the
  2 35 dog's condition.  The bill replaces the term "worrying" with
  3  1 "chasing" and includes "fowl" to be consistent with other Code
  3  2 provisions.  It provides that the dog's owner is not liable
  3  3 for the injured party's damages if the injured party was
  3  4 engaged in an unlawful act, regardless of whether it
  3  5 contributed to the injury, and it provides that rabies is no
  3  6 longer a defense for the dog's owner.
  3  7 LSB 2166SS 82
  3  8 da:nh/es/88