Senate File 2365 - Introduced SENATE FILE 2365 BY COMMITTEE ON VETERANS AFFAIRS (SUCCESSOR TO SSB 3148) A BILL FOR An Act relating to assistance animals, assistive animals, and 1 service dogs and providing penalties for misrepresenting 2 oneself as entitled to an assistance animal or an assistive 3 animal in housing and for misrepresenting an animal 4 as an assistive animal or a service dog and including 5 applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 6036SV (4) 87 asf/rj

S.F. 2365 Section 1. NEW SECTION . 216.8B Assistance animals, 1 assistive animals, and service dogs in housing. 2 1. For purposes of this section, unless the context 3 otherwise requires: 4 a. “Assistance animal” means an animal that qualifies as a 5 reasonable accommodation under the federal Fair Housing Act, 42 6 U.S.C. §3601 et seq., as amended, or section 504 of the federal 7 Rehabilitation Act of 1973, 29 U.S.C. §794, as amended. 8 b. “Assistive animal” means an animal specially trained 9 or in the process of being trained to assist a person with a 10 disability. 11 c. “Service dog” means a dog specially trained to assist a 12 person with a disability, whether described as a service dog, a 13 support dog, an independence dog, or otherwise. 14 2. A landlord shall waive lease restrictions on the keeping 15 of animals for the assistance animal, service dog, or assistive 16 animal of a person with a disability. 17 3. A tenant is liable for damage done to any dwelling by an 18 assistance animal, a service dog, or an assistive animal. 19 4. A person who knowingly denies or interferes with the 20 right of a person with a disability under this section is, upon 21 conviction, guilty of a simple misdemeanor. 22 5. a. A person who intentionally misrepresents oneself 23 as entitled to an assistance animal or an assistive animal as 24 a reasonable accommodation in housing is, upon determination 25 by the commission, subject to a civil penalty of one hundred 26 dollars. 27 b. A person commits the violation of intentional 28 misrepresentation of entitlement to an assistance animal or an 29 assistive animal as a reasonable accommodation in housing, if 30 all of the following elements are established: 31 (1) The person intentionally misrepresents the person’s 32 entitlement to an animal in one’s possession as an assistance 33 animal or an assistive animal for the purpose of obtaining any 34 of the rights or privileges set forth in state or federal law 35 -1- LSB 6036SV (4) 87 asf/rj 1/ 8

S.F. 2365 for a person with a disability as a reasonable accommodation 1 in housing. 2 (2) The owner, the landlord, or the landlord’s agent 3 previously gave the person a written or verbal warning 4 regarding the fact that it is illegal for a person to 5 intentionally misrepresent oneself as entitled to an assistance 6 animal or an assistive animal. 7 (3) The person knows that at least one of the following is 8 true: 9 (a) The animal is not an assistance animal or an assistive 10 animal with regard to the person. 11 (b) The person does not have a disability. 12 c. A written finding made by a licensee pursuant to 13 section 216.8C is an affirmative defense to the violation of 14 this subsection. However, the lack of such a finding is not 15 proof of a violation of this subsection, and nothing in this 16 subsection or in section 216.8C limits the means by which a 17 person with a disability may demonstrate, pursuant to state 18 or federal law, that the person has a disability or that the 19 person has a disability-related need for an assistance animal 20 or an assistive animal. 21 d. Funds collected under this subsection shall be paid to 22 the treasurer of state for deposit in the general fund of the 23 state. 24 Sec. 2. NEW SECTION . 216.8C Finding of disability and need 25 for an assistance or assistive animal in housing. 26 1. A licensee under chapter 148, 148C, 152, 154B, 154C, 27 or 154D whose assistance is requested by a patient seeking 28 a finding that an assistance animal or an assistive animal 29 as defined in section 216.8B, subsection 1, is a reasonable 30 accommodation in housing shall do either of the following: 31 a. Make a written finding regarding whether the patient has 32 a disability and, if a disability is found, a separate written 33 finding regarding whether the need for an assistance animal or 34 an assistive animal is related to the disability. 35 -2- LSB 6036SV (4) 87 asf/rj 2/ 8

S.F. 2365 b. Make a written finding that insufficient information 1 is available to make a finding regarding disability or the 2 disability-related need for an assistance animal or an 3 assistive animal. 4 2. A licensee under chapter 148, 148C, 152, 154B, 154C, or 5 154D shall not make a finding under subsection 1 unless all of 6 the following circumstances are present: 7 a. The licensee has met with the patient in person or by 8 telemedicine. 9 b. The licensee is sufficiently familiar with the patient 10 and the disability. 11 c. The licensee is legally and professionally qualified to 12 make the finding. 13 3. The commission shall adopt rules regarding the making of 14 a written finding by licensees under this section. The rules 15 shall include a form for licensees to document the licensees’ 16 written finding. The form shall recite this section’s 17 requirements and comply with the federal Fair Housing Act, 18 42 U.S.C. §3601 et seq., as amended, and section 504 of the 19 federal Rehabilitation Act of 1973, 29 U.S.C. §794, as amended. 20 Sec. 3. Section 216C.11, Code 2018, is amended to read as 21 follows: 22 216C.11 Service dogs and assistive animals Assistive animals 23 and service dogs . 24 1. For purposes of this section , unless context otherwise 25 requires: 26 a. “Assistive animal” means an animal specially trained 27 or in the process of being trained to assist a person with a 28 disability. 29 b. “Disability” means the physical or mental condition of 30 a person which constitutes a substantial disability, and the 31 condition of a person with a positive human immunodeficiency 32 virus test result, a diagnosis of acquired immune deficiency 33 syndrome, a diagnosis of acquired immune deficiency 34 syndrome-related complex, or any other condition related to 35 -3- LSB 6036SV (4) 87 asf/rj 3/ 8

S.F. 2365 acquired immune deficiency syndrome. The inclusion of a 1 condition related to a positive human immunodeficiency virus 2 test result in the meaning of “disability” under the provisions 3 of this section does not preclude the application of the 4 provisions of this section to conditions resulting from other 5 contagious or infectious diseases. 6 c. “service “Service dog” means a dog specially trained 7 to assist a person with a disability, whether described as a 8 service dog, a support dog, an independence dog, or otherwise. 9 “Assistive animal” means a simian or other animal specially 10 trained or in the process of being trained to assist a person 11 with a disability. 12 2. A person with a disability, a person assisting a person 13 with a disability by controlling a service dog or an assistive 14 animal, or a person training a service dog or an assistive 15 animal has the right to be accompanied by a service dog or an 16 assistive animal, under control, in any of the places listed 17 in sections 216C.3 and 216C.4 without being required to make 18 additional payment for the service dog or assistive animal. 19 A landlord shall waive lease restrictions on the keeping of 20 animals for the service dog or assistive animal of a person 21 with a disability. The person is liable for damage done to any 22 premises or facility by a service dog or assistive animal. 23 3. A person who knowingly denies or interferes with the 24 right of a person under this section is, upon conviction, 25 guilty of a simple misdemeanor. 26 4. a. A person who intentionally misrepresents 27 an animal as an assistive animal, a service dog, or a 28 service-dog-in-training is, upon conviction, guilty of a simple 29 misdemeanor. 30 b. A person commits the offense of intentional 31 misrepresentation of an animal as an assistive animal, a 32 service dog, or a service-dog-in-training, if all of the 33 following elements are established: 34 (1) The person intentionally misrepresents an animal in 35 -4- LSB 6036SV (4) 87 asf/rj 4/ 8

S.F. 2365 one’s possession as one’s assistive animal, service dog, or 1 service-dog-in-training, or a person with a disability’s 2 assistive animal or service dog whom the person is assisting by 3 controlling, or a service-dog-in-training for the purpose of 4 obtaining any of the rights or privileges set forth in state 5 or federal law. 6 (2) The person was previously given a written or verbal 7 warning regarding the fact that it is illegal to intentionally 8 misrepresent an animal as an assistive animal or a service dog. 9 (3) The person knows that the animal in question is not an 10 assistive animal, a service dog, or a service-dog-in-training. 11 Sec. 4. EMERGENCY RULES. The Iowa civil rights commission 12 may adopt emergency rules under section 17A.4, subsection 3, 13 and section 17A.5, subsection 2, paragraph “b”, to implement 14 the section of this Act enacting section 216.8C and the rules 15 shall be effective immediately upon filing. Any rules adopted 16 in accordance with this section shall also be published as a 17 notice of intended action as provided in section 17A.4. 18 Sec. 5. APPLICABILITY. The section of this Act enacting 19 section 216.8C applies once rules are adopted. Prior to the 20 adoption of the rules and creation of a licensees’ written 21 finding form, a tenant seeking an assistance animal or an 22 assistive animal as a reasonable accommodation in housing 23 shall otherwise demonstrate pursuant to state or federal law 24 that the person has a disability and that the person has 25 a disability-related need for an assistance animal or an 26 assistive animal. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to assistance animals, assistive animals, 31 and service dogs and provides penalties for misrepresenting 32 oneself as entitled to an assistance animal or an assistive 33 animal in housing and for misrepresenting an animal as an 34 assistive animal or a service dog. 35 -5- LSB 6036SV (4) 87 asf/rj 5/ 8

S.F. 2365 The bill creates new Code section 216.8B, titled “assistance 1 animals, assistive animals, and service dogs in housing”. 2 The new Code section provides definitions for assistance 3 animal, assistive animal, and service dog, and provides that 4 a landlord shall waive lease restrictions on the keeping of 5 animals for the assistance animal, service dog, or assistive 6 animal of a person with a disability. It also provides that 7 a tenant is liable for damage done to any dwelling by an 8 assistance animal, a service dog, or an assistive animal. 9 It provides that a person commits a simple misdemeanor if a 10 person knowingly denies or interferes with the right of a 11 person with a disability under this Code section. Finally, 12 the new Code section provides that a person is subject to a 13 civil penalty of $100 if a person intentionally misrepresents 14 oneself as entitled to an assistance animal or an assistive 15 animal as a reasonable accommodation in housing. The bill sets 16 forth the elements of the civil violation. The bill provides 17 that a written finding made by a licensee pursuant to new 18 Code section 216.8C is an affirmative defense to this civil 19 violation. However, the lack of such a finding is not proof 20 of a violation of this civil violation. The bill provides 21 that nothing in this civil violation or in new Code section 22 216.8C limits the means by which a person with a disability may 23 demonstrate, pursuant to state or federal law, that the person 24 has a disability-related need for an assistance animal or an 25 assistive animal. 26 The bill creates new Code section 216.8C, titled “finding 27 of disability and need for an assistance or assistive animal 28 in housing”. The bill provides a process for a patient to 29 request the assistance of a professional licensed under 30 certain chapters of the Code in finding that the individual 31 is a person with a disability who needs an assistance animal 32 or an assistive animal as a reasonable accommodation in 33 housing. The bill provides that the licensee shall not 34 make a finding unless the licensee has met with the patient 35 -6- LSB 6036SV (4) 87 asf/rj 6/ 8

S.F. 2365 in person or by telemedicine; the licensee is sufficiently 1 familiar with the patient and the disability; and the licensee 2 is legally and professionally qualified to make the finding. 3 The bill provides the licensee shall either make a written 4 finding regarding whether the patient has a disability 5 and, if a disability is found, a separate written finding 6 regarding whether the need for the animal is related to that 7 disability or make a written finding that there is insufficient 8 information available to make a finding regarding disability or 9 the disability-related need for the assistance animal or the 10 assistive animal. 11 The bill requires the Iowa civil rights commission to adopt 12 rules regarding the making of a written finding by licensees. 13 The rules shall include a form for licensees to document the 14 licensee’s written finding; the form must recite new Code 15 section 216.8C requirements and comply with the federal Fair 16 Housing Act and the federal Rehabilitation Act of 1973. The 17 bill provides that the commission may adopt emergency rules. 18 New Code section 216.8C applies once rules are adopted. The 19 bill provides that prior to the adoption of the rules and 20 creation of a licensees’ written finding form, a tenant seeking 21 an assistance animal or an assistive animal as a reasonable 22 accommodation in housing shall otherwise demonstrate pursuant 23 to state or federal law that the person has a disability and 24 that the person has a disability-related need for an assistance 25 or assistive animal. 26 The bill amends Code section 216C.11. The bill moves housing 27 provisions relating to landlords and tenants from Code section 28 216C.11 to new Code section 216.8B. The bill adds a definition 29 of disability to Code section 216C.11 that is the same as the 30 definition in Code section 216.2(5). 31 In Code section 216C.11, the bill criminalizes the 32 intentional misrepresentation of an animal as an assistive 33 animal, a service dog, or service-dog-in-training. A person 34 commits this public offense if all of the following elements 35 -7- LSB 6036SV (4) 87 asf/rj 7/ 8

S.F. 2365 are established: the person intentionally misrepresents 1 an animal in one’s possession as one’s assistive animal or 2 service dog, or a person with a disability’s assistive animal 3 or service dog whom the person is assisting by controlling, 4 or a service-dog-in-training for the purpose of obtaining any 5 of the rights or privileges set forth in state or federal 6 law; the person was previously given a written or verbal 7 warning regarding the fact that it is illegal to intentionally 8 misrepresent an animal as an assistive animal or a service dog; 9 and the person knows that the animal in question is not an 10 assistive animal, a service dog, or a service-dog-in-training. 11 The new public offense is established as a simple misdemeanor. 12 A simple misdemeanor is punishable by confinement for no more 13 than 30 days or a fine of at least $65 but not more than $625 14 or by both. 15 -8- LSB 6036SV (4) 87 asf/rj 8/ 8