House File 2315 - Introduced HOUSE FILE 2315 BY GASKILL A BILL FOR An Act relating to animals, including dogs, that are subject 1 to certain health and safety regulations, including 2 by providing for rabies control, and the confiscation, 3 impoundment, and disposition of such animals, providing a 4 criminal penalty, and making penalties applicable. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5072YH (5) 87 da/rj

H.F. 2315 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. “DNA” means deoxyribonucleic acid. 6 3. “Local board of health” means the same as defined in 7 section 137.102. 8 4. “Police service dog” means a dog specially trained 9 to assist a peace officer as defined in section 801.4 or a 10 correctional officer in the performance of the officer’s 11 duties. 12 5. “Qualified laboratory” means a laboratory accredited 13 by the American association of veterinary laboratory 14 diagnosticians, the national veterinary services laboratories 15 located in Ames, Iowa, or a diagnostic laboratory recognized 16 by the department. 17 6. “Veterinarian” means a person who is licensed to practice 18 veterinary medicine in this state under chapter 169. 19 Sec. 2. Section 351.25, Code 2018, is amended to read as 20 follows: 21 351.25 Dog as property. 22 All dogs under A dog shall be deemed property only if the dog 23 is any of the following: 24 1. Less than six months of age , and all dogs over said 25 age and wearing a collar with a valid rabies vaccination tag 26 attached to the collar, shall be deemed property. Dogs not 27 provided with a rabies vaccination tag shall not be deemed 28 property . 29 2. Owned by a person as evidenced by proof of identification 30 which shall be limited to any of the following: 31 a. A rabies prevention credential as provided in section 32 351.35. 33 b. A tattoo imprinted on the dog’s skin that may be visually 34 observed. 35 -1- LSB 5072YH (5) 87 da/rj 1/ 9

H.F. 2315 c. A device implanted under the dog’s skin that stores 1 information in an electronic format accessible by a computer. 2 d. A DNA profile that describes the dog’s unique genetic 3 identity when an analysis is performed comparing a DNA sample 4 with a record stored in a recognized database. 5 Sec. 3. Section 351.26, Code 2018, is amended to read as 6 follows: 7 351.26 Right and duty to kill untagged dog. 8 1. It shall be lawful for any person, and the duty of all 9 peace officers within their respective jurisdictions , unless 10 such jurisdiction shall have otherwise provided for the seizure 11 confiscation and impoundment of dogs, to kill any a dog for 12 which a rabies vaccination tag is required, when the dog is not 13 wearing a collar with rabies vaccination tag attached if any 14 of the following apply: 15 a. The dog is pursuing, threatening, attempting to injure, 16 or injuring an individual . 17 b. The dog is pursuing, injuring, or killing a domestic 18 animal or domestic fowl not owned by the owner of the dog. 19 2. This subsection does not apply to any of the following: 20 a. A police service dog while the police service dog is on 21 duty or performing an official function. 22 b. A dog taking an action to protect the property, life, or 23 safety of the dog’s owner or an immediate family member of the 24 owner. 25 c. A dog engaged in performing a task for which the dog 26 has been trained or is being trained, so long as the task is 27 otherwise lawful. 28 Sec. 4. Section 351.33, Code 2018, is amended to read as 29 follows: 30 351.33 Rabies vaccination prevention —— prohibition . 31 1. Every owner of a dog shall obtain a rabies vaccination 32 for such animal. It shall be unlawful for any A person 33 to shall not own or have possess a dog in the person’s 34 possession, six months of age or over older , which has not been 35 -2- LSB 5072YH (5) 87 da/rj 2/ 9

H.F. 2315 vaccinated against unless the person obtains rabies vaccination 1 credentials for the dog pursuant to section 351.35 . Dogs 2 2. Subsection 1 does not apply to a dog kept in kennels and 3 a kennel if such dog is not allowed to run at large shall not be 4 subject to these vaccination requirements . 5 Sec. 5. Section 351.35, Code 2018, is amended to read as 6 follows: 7 351.35 How and when Rabies prevention —— requirements and 8 credentials . 9 1. The A rabies vaccination required by section 351.33 , 10 including an initial vaccination and any revaccination, shall 11 be an injection of antirabies vaccine approved by the state 12 department of agriculture and land stewardship, and the . The 13 frequency of administering a revaccination necessary for 14 approved vaccinations shall be as established by such the 15 department. The vaccine shall be administered by a licensed 16 veterinarian and shall be given as administered in a manner 17 approved by the state department of agriculture and land 18 stewardship . The Upon administering the vaccination, the 19 veterinarian shall issue a tag with the following rabies 20 prevention credentials to the dog’s owner: 21 a. A rabies vaccination certificate of vaccination, and 22 such . 23 b. A rabies vaccination tag . The tag shall at all times be 24 attached to the a collar of which shall worn by the dog. 25 2. A veterinarian may determine that a dog does not require 26 a vaccination based on an evaluation of a report prepared 27 by a qualified laboratory that performed a rabies antibody 28 titer test using a sample of the dog’s blood serum. If the 29 veterinarian makes such determination, the veterinarian shall 30 issue the following rabies prevention credentials to the dog’s 31 owner: 32 a. A rabies antibody titer test certificate. 33 b. A rabies antibody titer test tag. The tag shall at all 34 times be attached to a collar which shall be worn by the dog. 35 -3- LSB 5072YH (5) 87 da/rj 3/ 9

H.F. 2315 Sec. 6. Section 351.36, Code 2018, is amended to read as 1 follows: 2 351.36 Enforcement. 3 Local A local board of health and law enforcement officials 4 shall enforce the provisions of sections 351.33 to 351.43 5 relating to vaccination and impoundment of dogs. Such public 6 officials shall not be responsible for any accident or disease 7 of a dog resulting from the enforcement of the provisions of 8 said sections. 9 Sec. 7. Section 351.37, Code 2018, is amended to read as 10 follows: 11 351.37 Dogs running at large —— impoundment —— disposition 12 confiscation, impoundment, and disposition . 13 1. A dog shall be apprehended confiscated and impounded 14 by a local board of health or law enforcement official if the 15 dog is running at large and the dog is not wearing a valid 16 rabies vaccination tag or a rabies vaccination certificate is 17 not presented to the local board of health or law enforcement 18 official the dog is not immediately identifiable as property of 19 an owner pursuant to section 351.25 . 20 2. a. The local board of health or law enforcement official 21 shall provide written notice to the dog’s owner if the local 22 board of health or law enforcement official can reasonably 23 determine the owner’s name and current address by accessing a 24 tag or other device that is on or a part of the dog . The notice 25 shall be sent to the dog’s owner within two days after the dog 26 has been impounded. The notice shall provide that if the owner 27 or the owner’s agent does not redeem the dog within seven days 28 from the date that the notice is delivered, the dog may be 29 humanely destroyed or otherwise disposed of in accordance with 30 law subject to disposition as provided in subsection 4 . 31 b. For purposes of this section paragraph “a” , a notice is 32 delivered when the local board of health or law enforcement 33 official mails the notice which may be by regular mail. 34 3. a. An owner may redeem a an impounded dog by having it 35 -4- LSB 5072YH (5) 87 da/rj 4/ 9

H.F. 2315 immediately vaccinated and by paying the cost of impoundment. 1 b. If an owner cannot furnish rabies prevention credentials, 2 the owner must immediately obtain such credentials to furnish 3 to the local board of health or law enforcement official. 4 3. 4. If the owner of the impounded dog fails to redeem 5 the dog within seven days from the date of the delivery of the 6 notice to the dog’s owner as provided in this section , the 7 dog may be disposed of in accordance with law. If the dog 8 is destroyed, it must be destroyed by euthanasia as defined 9 in section 162.2 . is subject to disposition by any of the 10 following methods: 11 a. Transfer to another person, including by sale or adoption 12 to a person or by relinquishing the dog to an animal shelter 13 as provided in section 162.20. All property rights held by 14 the person who owned the dog prior to impoundment shall be 15 extinguished. If the dog is not to be destroyed, the local 16 board of health or law enforcement official shall obtain a 17 rabies prevention credential for the dog as provided in section 18 351.35. However, in lieu of obtaining a rabies prevention 19 credential for the dog, the local board of health may require 20 a person to whom the dog is being transferred to obtain the 21 rabies prevention credential. 22 b. The humane destruction of the dog by euthanasia as 23 defined in section 162.2. 24 Sec. 8. Section 351.38, Code 2018, is amended to read as 25 follows: 26 351.38 Owner’s duty. 27 It shall be the duty of the owner of any dog, cat or other 28 animal which has bitten or attacked a person or any person 29 having knowledge of such bite or attack to report this act to a 30 local board of health or law enforcement official. It shall be 31 the duty of physicians and veterinarians to report to the local 32 board of health the existence of any animal known or suspected 33 to be suffering from rabies. 34 Sec. 9. Section 351.39, Code 2018, is amended to read as 35 -5- LSB 5072YH (5) 87 da/rj 5/ 9

H.F. 2315 follows: 1 351.39 Confinement , confiscation, and impoundment . 2 1. If a local board of health receives information that 3 an animal has bitten a person or that a dog or an animal is 4 suspected of having rabies, the local board of health shall 5 order the animal’s owner to confine such animal in the manner 6 it directs. If the owner fails to confine such animal in the 7 manner directed, the animal shall be apprehended confiscated 8 and impounded by such the local board of health , and after 9 ten days the local board of health may humanely destroy the 10 animal by euthanasia as defined in section 162.2 only if it is 11 determined that the animal has been infected with the rabies 12 virus . The owner of a dog or the agency of the dog’s owner may 13 redeem the dog in the same manner provided in section 351.37, 14 if it is determined that the dog does not present a threat due 15 to a rabies virus infection. If such an animal is returned to 16 its owner, the owner shall pay the cost of impoundment. This 17 section 18 2. Subsection 1 shall not apply if to an animal, a police 19 service dog , or a horse used by a law enforcement agency and , 20 if the animal is acting in the performance of its duties has 21 bitten a person . 22 Sec. 10. NEW SECTION . 351.45 Confiscation —— court order. 23 1. A local board of health or law enforcement official 24 shall not confiscate a dog under this chapter without obtaining 25 a court order. The court shall determine if a dog should be 26 impounded and placed in the custody of the local board of 27 health or law enforcement official. The dog’s disposition 28 shall be determined by court order after a hearing to determine 29 the dog’s ownership. The hearing may be held as part of a 30 dispositional proceeding conducted pursuant to section 717B.4. 31 2. If a dog is ordered to be impounded under subsection 1, 32 all of the following apply: 33 a. The dog shall not be placed in the custody of a private 34 party. 35 -6- LSB 5072YH (5) 87 da/rj 6/ 9

H.F. 2315 b. The dog shall not be sterilized, including by the use of 1 any procedure described in section 162.20. 2 c. The dog shall be provided with a standard of care that 3 takes into account the breed, age, and health condition of the 4 dog. The dog must be provided with a standard of care that at 5 least meets the requirements of section 162.10A. 6 3. This section shall not apply to a dog that is not 7 property as provided in section 351.25. 8 Sec. 11. NEW SECTION . 351.46 Filing a false report —— 9 criminal penalty. 10 1. A person commits the offense of filing a false report 11 by providing incorrect or incomplete information to a local 12 board of health or law enforcement official, knowing that the 13 information is incorrect or incomplete and that the result 14 of providing such information will likely result in the 15 confiscation of a dog that is property under this chapter. 16 2. A person who commits the offense of filing a false 17 report is guilty of a simple misdemeanor. A person convicted 18 of the offense is subject to paying for costs associated with 19 impounding the dog. A county or city that has the duty to 20 prosecute the offense may recover costs of the prosecution from 21 a defendant who has been convicted of the offense. 22 Sec. 12. REPEAL. Section 351.27, Code 2018, is repealed. 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 GENERAL. This bill amends provisions in Code chapter 27 351 which provide for the prevention of rabies in dogs by a 28 licensed veterinarian (veterinarian) and the confiscation, 29 impoundment, and disposition of certain animals, including 30 dogs, by a local board of health or law enforcement official 31 (local authority) in part according to rules adopted by the 32 department of agriculture and land stewardship (department). 33 DOGS AS PROPERTY. The bill provides that a dog is considered 34 property according to several forms of proof of ownership, 35 -7- LSB 5072YH (5) 87 da/rj 7/ 9

H.F. 2315 including a rabies prevention credential as described in the 1 bill, a tattoo on the dog’s skin, a device implanted under the 2 dog’s skin, or a DNA profile on record. Under current law, the 3 dog’s status as property is determined by its age and whether 4 it is wearing a collar attached with a rabies vaccination tag 5 (Code section 351.25). 6 RIGHT TO KILL DOG. The bill provides that a person may kill 7 a dog regardless of whether it is wearing a collar with an 8 attached rabies tag, if the dog is endangering an individual 9 or domestic animal or fowl. The provision does not apply to 10 a police service dog; a dog protecting the property, life, 11 or safety of the dog’s owner or immediate family; or the dog 12 is engaged in or being trained to be engaged in performing a 13 lawful task. Under current law, a person has a right to kill 14 a dog not wearing such collar (Code section 351.26); or a dog 15 wearing the collar if it is harassing a domestic animal or 16 fowl or attacking or attempting to bite a person (Code section 17 351.27). 18 RABIES PREVENTION. The bill requires the owner of a dog 19 to obtain evidence (credentials) that the dog is prevented 20 from contracting the rabies virus. This includes a rabies 21 vaccination certificate and rabies vaccination tag to be 22 worn on the dog’s collar. Otherwise, the credentials are a 23 rabies antibody titer test certificate and a rabies antibody 24 titer test tag that also must be worn on the dog’s collar. 25 Under current law, a dog that is over six months old must be 26 vaccinated and revaccinated according to rules adopted by the 27 department (Code sections 351.33 and 351.35). 28 CONFISCATION, IMPOUNDMENT, AND DISPOSITION. The bill 29 provides that a dog’s owner may redeem a dog confiscated and 30 impounded by a local authority if the owner furnishes rabies 31 prevention credentials. The local authority must arrange for 32 the disposition of an unredeemed dog by sale, transfer, or 33 relinquishment of title to an animal shelter. If an animal has 34 been confiscated based on a suspected rabies infection, the 35 -8- LSB 5072YH (5) 87 da/rj 8/ 9

H.F. 2315 local authority must test the animal. An uninfected dog must 1 be returned its owner. Under current law, a local authority 2 must confiscate a dog and either return it to its owner or 3 humanely destroy it after 10 days (Code section 351.39). 4 COURT ORDER. The bill prohibits a local authority from 5 confiscating, impounding, or disposing of a dog that is 6 considered property without obtaining a court order. The dog 7 cannot be placed in the custody of a private person, cannot be 8 sterilized, and must be provided with an adequate standard of 9 care. 10 CRIMINAL OFFENSE —— FALSE REPORT. The bill creates a 11 new criminal offense referred to as “false report” which 12 is committed by a person providing incorrect or incomplete 13 information to a local board of health or law enforcement 14 official, knowing that the information will likely result in 15 the confiscation of a dog that is property. A person who 16 commits the offense is guilty of a simple misdemeanor. The 17 person may also be ordered to pay for costs associated with the 18 prosecution. 19 APPLICABLE CRIMINAL PENALTY. A person who is in violation 20 of a provision in the Code chapter is guilty of a simple 21 misdemeanor (Code section 351.43). A simple misdemeanor is 22 punishable by confinement for no more than 30 days or a fine of 23 at least $65 but not more than $625 or by both. 24 -9- LSB 5072YH (5) 87 da/rj 9/ 9