H.F. 2124 Section 1. NEW SECTION . 351.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Department” means the department of agriculture and land 4 stewardship. 5 2. “Rabies security certificate” means a rabies vaccination 6 certificate or rabies vaccination exemption certificate issued 7 as evidence of compliance with rabies security requirements as 8 provided in section 351.24. 9 3. “Rabies security tag” means a rabies vaccination tag 10 or rabies vaccination exemption tag issued as evidence of 11 compliance with rabies security requirements as provided in 12 section 351.24. 13 Sec. 2. NEW SECTION . 351.24 Evidence of compliance with 14 rabies security requirements —— certificates and tags. 15 1. A veterinarian licensed under chapter 169 shall issue 16 evidence of compliance with requirements for rabies security to 17 the owner of a dog or other animal as provided in this chapter 18 and as required by the department under this chapter or by a 19 local board of health under section 351.41. 20 2. The evidence of compliance with requirements for rabies 21 security must be one of the following: 22 a. A rabies vaccination certificate and rabies vaccination 23 tag which are proof that the dog or other animal has received a 24 vaccination for rabies as provided in this chapter. 25 b. A rabies vaccination exemption certificate and rabies 26 vaccination exemption tag which provide that the dog or 27 other animal is not required to receive a rabies vaccination 28 otherwise required under this chapter. A veterinarian must 29 have examined the owner’s dog or other animal and determined 30 that a rabies vaccination would threaten the life or seriously 31 impair the health of the dog or other animal. 32 3. A rabies vaccination certificate must be clearly 33 distinguishable from a rabies vaccination exemption certificate 34 and a rabies vaccination tag must be clearly distinguishable 35 -1- LSB 5542HH (5) 85 da/nh 1/ 5

H.F. 2124 from a rabies vaccination exemption tag. 1 4. A rabies security tag issued pursuant to this section 2 must at all times be attached to the collar of the dog for which 3 it was issued. 4 Sec. 3. Section 351.25, Code 2014, is amended to read as 5 follows: 6 351.25 Dog as property. 7 All dogs under six months of age, and all dogs over said age 8 and wearing a collar attached with a valid rabies vaccination 9 security tag attached to the collar, shall be deemed property. 10 Dogs not provided with a rabies vaccination security tag shall 11 not be deemed property. 12 Sec. 4. Section 351.26, Code 2014, is amended to read as 13 follows: 14 351.26 Right and duty to kill untagged dog. 15 It shall be lawful for any person, and the duty of all peace 16 officers within their respective jurisdictions unless such 17 jurisdiction shall have otherwise provided for the seizure 18 and impoundment of dogs, to kill any dog for which a rabies 19 vaccination security tag is required, when the dog is not 20 wearing a collar attached with a rabies vaccination security 21 tag attached . 22 Sec. 5. Section 351.27, Code 2014, is amended to read as 23 follows: 24 351.27 Right to kill tagged dog. 25 It shall be lawful for any person to kill a dog, wearing 26 a collar attached with a rabies vaccination security tag 27 attached , when the dog is caught in the act of chasing, 28 maiming, or killing any domestic animal or fowl, or when such 29 dog is attacking or attempting to bite a person. 30 Sec. 6. Section 351.33, Code 2014, is amended to read as 31 follows: 32 351.33 Rabies vaccination —— requirement —— exceptions . 33 1. Every owner of a dog shall obtain a rabies vaccination 34 for such animal. It shall be unlawful for any person to own or 35 -2- LSB 5542HH (5) 85 da/nh 2/ 5

H.F. 2124 have a dog in the person’s possession, 1 2. Subsection 1 does not apply to a dog which is any of the 2 following: 3 a. Less than six months of age or over, which has not been 4 vaccinated against rabies . 5 b. Dogs kept Kept in kennels a kennel and not allowed 6 to run at large shall not be subject to these vaccination 7 requirements . 8 c. Issued a current rabies vaccination exemption certificate 9 and rabies vaccination exemption tag as provided in section 10 351.24. 11 Sec. 7. Section 351.35, Code 2014, is amended to read as 12 follows: 13 351.35 How and when Method of vaccination —— frequency —— 14 expiration of exemption . 15 1. The A rabies vaccination required by section 351.33 16 shall be an injection of antirabies vaccine approved by the 17 state department of agriculture and land stewardship , and the 18 frequency of revaccination necessary for approved vaccinations 19 shall be as established by such the department. The vaccine 20 shall be administered by a licensed veterinarian and shall be 21 given as approved by the state department of agriculture and 22 land stewardship . The veterinarian shall issue a tag with the 23 certificate of vaccination, and such tag shall at all times be 24 attached to the collar of the dog. 25 2. A rabies vaccination exemption certificate and rabies 26 vaccination exemption tag as provided in section 351.24 expire 27 one year from the date of issuance. The vaccination exemption 28 certificate and rabies vaccination exemption tag may be renewed 29 on the same terms and conditions as originally issued. 30 Sec. 8. Section 351.37, Code 2014, is amended to read as 31 follows: 32 351.37 Dogs running at large — impoundment — disposition. 33 1. A dog shall be apprehended and impounded by a local board 34 of health or law enforcement official if the dog is running at 35 -3- LSB 5542HH (5) 85 da/nh 3/ 5

H.F. 2124 large and the dog is not wearing a valid rabies vaccination 1 security tag or a rabies vaccination security certificate is 2 not presented to the local board of health or law enforcement 3 official. 4 2. The local board of health or law enforcement official 5 shall provide written notice to the owner if the local board of 6 health or law enforcement official can reasonably determine the 7 owner’s name and current address by accessing a tag or other 8 device that is on or a part of the dog. The notice shall be 9 sent within two days after the dog has been impounded. The 10 notice shall provide that if the owner does not redeem the dog 11 within seven days from the date that the notice is delivered, 12 the dog may be humanely destroyed or otherwise disposed of in 13 accordance with law. For purposes of this section , notice is 14 delivered when the local board of health or law enforcement 15 official mails the notice which may be by regular mail. An 16 owner may redeem a dog by having it immediately vaccinated and 17 paying the cost of impoundment. 18 3. If the owner of the impounded dog fails to redeem the dog 19 within seven days from the date of the delivery of the notice 20 to the dog’s owner as provided in this section , the dog may be 21 disposed of in accordance with law. If the dog is destroyed, 22 it must be destroyed by euthanasia as defined in section 162.2 . 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 BACKGROUND. Generally, a dog must obtain a rabies 27 vaccination with exceptions for dogs that are less than six 28 months old, dogs kept in kennels and not allowed to run at 29 large (Code section 351.33), and dogs that are in transit 30 or assigned to research institutions (Code section 351.42). 31 Licensed veterinarians, the department of agriculture and land 32 stewardship, and local authorities, such as cities, share 33 responsibility for regulating and enforcing rabies security 34 measures. A veterinarian who administers a rabies vaccination 35 -4- LSB 5542HH (5) 85 da/nh 4/ 5

H.F. 2124 must issue a certificate of vaccination and rabies vaccination 1 tag to the dog’s owner (Code section 351.35), the department 2 must set standards for vaccines (Code section 351.35), and a 3 local authority has general enforcement authority including the 4 power to seize and impound dogs (Code sections 351.26, 351.36, 5 351.37, 351.39, and 351.40). In addition, a local authority 6 may adopt additional measures to restrict not only dogs but 7 other animals (such as cats or ferrets) as necessary to control 8 rabies (Code section 351.41). 9 NEW EXEMPTION FOR ANIMALS THREATENED BY INJECTIONS. This 10 bill provides a new exemption from rabies vaccination 11 requirements for animals whose life or health would be 12 threatened by a vaccination as determined by a licensed 13 veterinarian. The veterinarian making such determination 14 must issue a rabies vaccination exemption certificate and 15 rabies vaccination exemption tag to the animal’s owner. The 16 certificate and tag remain valid for one year but may be 17 renewed on an annual basis. 18 PROVISIONS REMAINING APPLICABLE. Provisions governing dogs 19 which have been vaccinated apply to dogs which are exempt from 20 vaccination. For example, a person could still kill a dog 21 exempt from vaccination requirements for chasing livestock 22 just as the person may kill a dog wearing a vaccination tag 23 (Code section 351.27). A local authority could apprehend and 24 impound a dog running at large even if the dog wore a rabies 25 vaccination exemption tag just as it could impound a dog 26 running at large without a tag (Code section 351.37). 27 CRIMINAL PENALTY. A person who fails to comply with the 28 applicable provisions governing rabies vaccination requirements 29 is guilty of a simple misdemeanor (Code section 351.43). A 30 simple misdemeanor is punishable by confinement for no more 31 than 30 days or a fine of at least $65 but not more than $625 32 or by both. 33 -5- LSB 5542HH (5) 85 da/nh 5/ 5