SSB 3148 (LSB 6036XC (4) 87)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON VETERANS AFFAIRS BILL BY CHAIRPERSON COSTELLO)

A BILL FOR

An Act relating to assistance animals, assistive animals, and service dogs and providing penalties for misrepresenting oneself as entitled to an assistance animal or an assistive animal in housing and for misrepresenting an animal as a service dog.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  216.8B  Determination of disability and need for an assistance or assistive animal in housing.
   1.  A licensee under chapter 148, 148C, 152, 154B, 154C, or 154D whose assistance is requested by a patient seeking a finding that an assistance animal or an assistive animal as defined in section 216C.11, subsection 1, is a reasonable accommodation in housing shall do either of the following:
   a.  Make a written finding regarding whether the patient has a disability and, if a disability is found, a separate written finding regarding whether the need for an assistance animal or an assistive animal is related to the disability.
   b.  Make a written finding that insufficient information is available to make a finding regarding disability or the disability-related need for an assistance animal or an assistive animal.
   2.  A licensee under chapter 148, 148C, 152, 154B, 154C, or 154D shall not make a determination regarding subsection 1 unless all of the following circumstances are present:
   a.  The licensee has met with the patient in person or by telemedicine. 
   b.  The licensee is sufficiently familiar with the patient and the disability.
   c.  The licensee is legally and professionally qualified to make the determination.
    Sec. 2.  Section 216C.11, Code 2018, is amended to read as follows:
   216C.11  Service dogs and assistive animals Assistance animals, assistive animals, and service dogs.
   1.  For purposes of this section, unless context otherwise requires: 
   a.  “Assistance animal” means an animal that qualifies as a reasonable accommodation under the federal Fair Housing Act, 42 U.S.C. §3601 et seq., as amended, or section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. §794, as amended.
   b.  “Assistive animal” means a simian or other animal specially trained or in the process of being trained to assist a person with a disability.
   c.  “service “Service dog” means a dog specially trained to assist a person with a disability, whether described as a service dog, a support dog, an independence dog, or otherwise. “Assistive animal” means a simian or other animal specially trained or in the process of being trained to assist a person with a disability.
   2.  a.  A person with a disability, a person assisting a person with a disability by controlling a service dog or an assistive animal, or a person training a service dog or an assistive animal has the right to be accompanied by a service dog or an assistive animal, under control, in any of the places listed in sections 216C.3 and 216C.4 without being required to make additional payment for the service dog or assistive animal. 
   b.  A landlord shall waive lease restrictions on the keeping of animals for the assistance animal, service dog, or assistive animal of a person with a disability.
   c.  The person is liable for damage done to any premises or facility by an assistance animal, a service dog, or an assistive animal.
   3.  A person who knowingly denies or interferes with the right of a person under this section is, upon conviction, guilty of a simple misdemeanor.
   4.  a.  For purposes of this subsection, “disability” means the same as set forth in the federal Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq., and its related amendments and implementing regulations and includes a handicap as that term is defined in the federal Fair Housing Act, 42 U.S.C. §3601 et seq., as amended.
   b.  A person who intentionally misrepresents oneself as entitled to an assistance animal or an assistive animal as a reasonable accommodation in housing is, upon conviction, guilty of a simple misdemeanor.
   c.  A person commits the offense of intentional misrepresentation of entitlement to an assistance animal or an assistive animal as a reasonable accommodation in housing, if all of the following elements are established:
   (1)  The person intentionally misrepresents the person’s entitlement to an animal in one’s possession as an assistance animal or an assistive animal for the purpose of obtaining any of the rights or privileges set forth in state or federal law for a person with a disability as a reasonable accommodation in housing.
   (2)  The person was previously given a written or verbal warning regarding the fact that it is illegal to intentionally misrepresent an entitlement to an assistance animal or an assistive animal.
   (3)  The person knows that at least one of the following is true:
   (a)  The animal is not an assistance animal or an assistive animal with regard to the person.
   (b)  The person does not have a disability.
   d.  A written finding made by a licensee pursuant to section 216.8B is an affirmative defense to the offense established by this subsection.  However, the lack of such a finding is not proof of an offense established by this subsection, and nothing in this subsection or in section 216.8B limits the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistive animal.
   5.  a.  For purposes of this subsection, “disability” means the same as set forth in the federal Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq., and its related amendments and implementing regulations.
   b.  A person who intentionally misrepresents an animal as a service dog or a service-dog-in-training is, upon conviction, guilty of a simple misdemeanor.
   c.  A person commits the offense of intentional misrepresentation of an animal as a service dog or a service-dog-in-training, if all of the following elements are established:
   (1)  The person intentionally misrepresents an animal in one’s possession as one’s service dog or a service-dog-in-training, or a person with a disability’s service dog whom the person is assisting by controlling, or a service-dog-in-training for the purpose of obtaining any of the rights or privileges set forth in state or federal law.
   (2)  The person was previously given a written or verbal warning regarding the fact that it is illegal to intentionally misrepresent an animal as a service dog.
   (3)  The person knows that the animal in question is not a service dog or a service-dog-in-training.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to assistance animals, assistive animals, and service dogs and provides penalties for misrepresenting oneself as entitled to an assistance animal or an assistive animal in housing and for misrepresenting an animal as a service dog.
   The bill creates new Code section 216.8B, titled “Determination of disability and need for an assistance or assistive animal in housing”. The bill provides a process for when a patient requests the assistance of a professional licensed under certain chapters of the Code in finding that the individual is a person with a disability who needs an assistance animal or an assistive animal as a reasonable accommodation in housing. The bill provides that the licensee shall not make a determination unless the licensee has met with the patient in person or by telemedicine; the licensee is sufficiently familiar with the patient and the disability; and the licensee is legally and professionally qualified to make the finding. The bill provides the licensee shall either make a written finding regarding whether the patient has a disability and, if a disability is found, a separate written finding regarding whether the need for the animal is related to that disability or make a written finding that there is insufficient information available to make a finding regarding disability or the disability-related need for the assistance animal or the assistive animal.
   The bill adds a definition of “assistance animal” to Code section 216C.11. “Assistance animal” means an animal that qualifies as a reasonable accommodation under the federal Fair Housing Act, 42 U.S.C. §3601 et seq., as amended, or section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. §794, as amended. The bill provides that a landlord shall waive lease restrictions on the keeping of animals for not only the service dog or assistive animal of a person with a disability, but also the assistance animal of a person with a disability. 
   The bill provides that a person is liable for not only the damage done to any premises or facility by a service dog or an assistive animal, but also by an assistance animal.
   The bill criminalizes the intentional misrepresentation of oneself as entitled to an assistance animal or an assistive animal as a reasonable accommodation in housing. A person commits this public offense if all of the following elements are established: the person intentionally misrepresents entitlement to an animal in one’s possession as an assistance animal or an assistive animal for the purpose of obtaining any of the rights or privileges set forth in state or federal law for a person with a disability as a reasonable accommodation in housing; the person was previously given a written or verbal warning regarding the fact that it is illegal to intentionally misrepresent an entitlement to an assistance animal or an assistive animal; and the person knows that the animal is not an assistance animal or an assistive animal with regard to that person or the person does not have a disability. The bill provides that a written finding made pursuant to new Code section 216.8B is an affirmative defense to the public offense established by the bill.  The lack of such a finding is not proof of the public offense established by the bill, and nothing in the bill or in new Code section 216.8B limits the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal or an assistive animal.
   The bill also criminalizes the intentional misrepresentation of an animal as a service dog or service-dog-in-training. A person commits this public offense if all of the following elements are established: the person intentionally misrepresents an animal in one’s possession as one’s service dog, or a person with a disability’s service dog whom the person is assisting by controlling, or a service-dog-in-training for the purpose of obtaining any of the rights or privileges set forth in state or federal law; the person was previously given a written or verbal warning regarding the fact that it is illegal to intentionally misrepresent an animal as a service dog; and the person knows that the animal in question is not a service dog or a service-dog-in-training.
   Both new public offenses are established as simple misdemeanors. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.