Senate Study Bill 3148 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON VETERANS AFFAIRS BILL BY CHAIRPERSON COSTELLO) 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 as a 4 service dog. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 6036XC (4) 87 asf/rj

S.F. _____ Section 1. NEW SECTION . 216.8B Determination of disability 1 and need for an assistance or assistive animal in housing. 2 1. A licensee under chapter 148, 148C, 152, 154B, 154C, 3 or 154D whose assistance is requested by a patient seeking 4 a finding that an assistance animal or an assistive animal 5 as defined in section 216C.11, subsection 1, is a reasonable 6 accommodation in housing shall do either of the following: 7 a. Make a written finding regarding whether the patient has 8 a disability and, if a disability is found, a separate written 9 finding regarding whether the need for an assistance animal or 10 an assistive animal is related to the disability. 11 b. Make a written finding that insufficient information 12 is available to make a finding regarding disability or the 13 disability-related need for an assistance animal or an 14 assistive animal. 15 2. A licensee under chapter 148, 148C, 152, 154B, 154C, 16 or 154D shall not make a determination regarding subsection 1 17 unless all of the following circumstances are present: 18 a. The licensee has met with the patient in person or by 19 telemedicine. 20 b. The licensee is sufficiently familiar with the patient 21 and the disability. 22 c. The licensee is legally and professionally qualified to 23 make the determination. 24 Sec. 2. Section 216C.11, Code 2018, is amended to read as 25 follows: 26 216C.11 Service dogs and assistive animals Assistance 27 animals, assistive animals, and service dogs . 28 1. For purposes of this section , unless context otherwise 29 requires: 30 a. “Assistance animal” means an animal that qualifies as a 31 reasonable accommodation under the federal Fair Housing Act, 42 32 U.S.C. §3601 et seq., as amended, or section 504 of the federal 33 Rehabilitation Act of 1973, 29 U.S.C. §794, as amended. 34 b. “Assistive animal” means a simian or other animal 35 -1- LSB 6036XC (4) 87 asf/rj 1/ 6

S.F. _____ specially trained or in the process of being trained to assist 1 a person with a disability. 2 c. “service “Service dog” means a dog specially trained 3 to assist a person with a disability, whether described as a 4 service dog, a support dog, an independence dog, or otherwise. 5 “Assistive animal” means a simian or other animal specially 6 trained or in the process of being trained to assist a person 7 with a disability. 8 2. a. A person with a disability, a person assisting a 9 person with a disability by controlling a service dog or an 10 assistive animal, or a person training a service dog or an 11 assistive animal has the right to be accompanied by a service 12 dog or an assistive animal, under control, in any of the places 13 listed in sections 216C.3 and 216C.4 without being required 14 to make additional payment for the service dog or assistive 15 animal. 16 b. A landlord shall waive lease restrictions on the keeping 17 of animals for the assistance animal, service dog , or assistive 18 animal of a person with a disability. 19 c. The person is liable for damage done to any premises 20 or facility by an assistance animal, a service dog , or an 21 assistive animal. 22 3. A person who knowingly denies or interferes with the 23 right of a person under this section is, upon conviction, 24 guilty of a simple misdemeanor. 25 4. a. For purposes of this subsection, “disability” 26 means the same as set forth in the federal Americans with 27 Disabilities Act of 1990, 42 U.S.C. §12101 et seq., and its 28 related amendments and implementing regulations and includes a 29 handicap as that term is defined in the federal Fair Housing 30 Act, 42 U.S.C. §3601 et seq., as amended. 31 b. A person who intentionally misrepresents oneself as 32 entitled to an assistance animal or an assistive animal as a 33 reasonable accommodation in housing is, upon conviction, guilty 34 of a simple misdemeanor. 35 -2- LSB 6036XC (4) 87 asf/rj 2/ 6

S.F. _____ c. A person commits the offense of intentional 1 misrepresentation of entitlement to an assistance animal or an 2 assistive animal as a reasonable accommodation in housing, if 3 all of the following elements are established: 4 (1) The person intentionally misrepresents the person’s 5 entitlement to an animal in one’s possession as an assistance 6 animal or an assistive animal for the purpose of obtaining any 7 of the rights or privileges set forth in state or federal law 8 for a person with a disability as a reasonable accommodation 9 in housing. 10 (2) The person was previously given a written or verbal 11 warning regarding the fact that it is illegal to intentionally 12 misrepresent an entitlement to an assistance animal or an 13 assistive animal. 14 (3) The person knows that at least one of the following is 15 true: 16 (a) The animal is not an assistance animal or an assistive 17 animal with regard to the person. 18 (b) The person does not have a disability. 19 d. A written finding made by a licensee pursuant to section 20 216.8B is an affirmative defense to the offense established by 21 this subsection. However, the lack of such a finding is not 22 proof of an offense established by this subsection, and nothing 23 in this subsection or in section 216.8B limits the means by 24 which a person with a disability may demonstrate, pursuant 25 to state or federal law, that the person has a disability or 26 that the person has a disability-related need for an assistive 27 animal. 28 5. a. For purposes of this subsection, “disability” 29 means the same as set forth in the federal Americans with 30 Disabilities Act of 1990, 42 U.S.C. §12101 et seq., and its 31 related amendments and implementing regulations. 32 b. A person who intentionally misrepresents an animal as a 33 service dog or a service-dog-in-training is, upon conviction, 34 guilty of a simple misdemeanor. 35 -3- LSB 6036XC (4) 87 asf/rj 3/ 6

S.F. _____ c. A person commits the offense of intentional 1 misrepresentation of an animal as a service dog or a 2 service-dog-in-training, if all of the following elements are 3 established: 4 (1) The person intentionally misrepresents an 5 animal in one’s possession as one’s service dog or a 6 service-dog-in-training, or a person with a disability’s 7 service dog whom the person is assisting by controlling, or a 8 service-dog-in-training for the purpose of obtaining any of the 9 rights or privileges set forth in state or federal law. 10 (2) The person was previously given a written or verbal 11 warning regarding the fact that it is illegal to intentionally 12 misrepresent an animal as a service dog. 13 (3) The person knows that the animal in question is not a 14 service dog or a service-dog-in-training. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to assistance animals, assistive animals, 19 and service dogs and provides penalties for misrepresenting 20 oneself as entitled to an assistance animal or an assistive 21 animal in housing and for misrepresenting an animal as a 22 service dog. 23 The bill creates new Code section 216.8B, titled 24 “Determination of disability and need for an assistance or 25 assistive animal in housing”. The bill provides a process 26 for when a patient requests the assistance of a professional 27 licensed under certain chapters of the Code in finding that 28 the individual is a person with a disability who needs an 29 assistance animal or an assistive animal as a reasonable 30 accommodation in housing. The bill provides that the licensee 31 shall not make a determination unless the licensee has met 32 with the patient in person or by telemedicine; the licensee 33 is sufficiently familiar with the patient and the disability; 34 and the licensee is legally and professionally qualified to 35 -4- LSB 6036XC (4) 87 asf/rj 4/ 6

S.F. _____ make the finding. The bill provides the licensee shall either 1 make a written finding regarding whether the patient has a 2 disability and, if a disability is found, a separate written 3 finding regarding whether the need for the animal is related 4 to that disability or make a written finding that there is 5 insufficient information available to make a finding regarding 6 disability or the disability-related need for the assistance 7 animal or the assistive animal. 8 The bill adds a definition of “assistance animal” to Code 9 section 216C.11. “Assistance animal” means an animal that 10 qualifies as a reasonable accommodation under the federal Fair 11 Housing Act, 42 U.S.C. §3601 et seq., as amended, or section 12 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. §794, 13 as amended. The bill provides that a landlord shall waive 14 lease restrictions on the keeping of animals for not only the 15 service dog or assistive animal of a person with a disability, 16 but also the assistance animal of a person with a disability. 17 The bill provides that a person is liable for not only the 18 damage done to any premises or facility by a service dog or an 19 assistive animal, but also by an assistance animal. 20 The bill criminalizes the intentional misrepresentation of 21 oneself as entitled to an assistance animal or an assistive 22 animal as a reasonable accommodation in housing. A person 23 commits this public offense if all of the following elements 24 are established: the person intentionally misrepresents 25 entitlement to an animal in one’s possession as an assistance 26 animal or an assistive animal for the purpose of obtaining any 27 of the rights or privileges set forth in state or federal law 28 for a person with a disability as a reasonable accommodation in 29 housing; the person was previously given a written or verbal 30 warning regarding the fact that it is illegal to intentionally 31 misrepresent an entitlement to an assistance animal or an 32 assistive animal; and the person knows that the animal is not 33 an assistance animal or an assistive animal with regard to 34 that person or the person does not have a disability. The 35 -5- LSB 6036XC (4) 87 asf/rj 5/ 6

S.F. _____ bill provides that a written finding made pursuant to new 1 Code section 216.8B is an affirmative defense to the public 2 offense established by the bill. The lack of such a finding 3 is not proof of the public offense established by the bill, 4 and nothing in the bill or in new Code section 216.8B limits 5 the means by which a person with a disability may demonstrate, 6 pursuant to state or federal law, that the person has a 7 disability or that the person has a disability-related need for 8 an assistance animal or an assistive animal. 9 The bill also criminalizes the intentional misrepresentation 10 of an animal as a service dog or service-dog-in-training. A 11 person commits this public offense if all of the following 12 elements are established: the person intentionally 13 misrepresents an animal in one’s possession as one’s 14 service dog, or a person with a disability’s service 15 dog whom the person is assisting by controlling, or a 16 service-dog-in-training for the purpose of obtaining any 17 of the rights or privileges set forth in state or federal 18 law; the person was previously given a written or verbal 19 warning regarding the fact that it is illegal to intentionally 20 misrepresent an animal as a service dog; and the person 21 knows that the animal in question is not a service dog or a 22 service-dog-in-training. 23 Both new public offenses are established as simple 24 misdemeanors. A simple misdemeanor is punishable by 25 confinement for no more than 30 days or a fine of at least $65 26 but not more than $625 or by both. 27 -6- LSB 6036XC (4) 87 asf/rj 6/ 6