House File 176 - Introduced HOUSE FILE 176 BY FISHER and KAUFMANN A BILL FOR An Act prohibiting the tampering with certain articles attached 1 to an item worn by a dog or worn by a dog, and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1156YH (4) 88 da/rn

H.F. 176 Section 1. NEW SECTION . 351.45 Tampering with a rabies 1 vaccination tag —— penalties. 2 1. A person commits the offense of tampering with a rabies 3 vaccination tag if all of the following apply: 4 a. The person knowingly removes, damages, or destroys a 5 rabies vaccination tag as described in section 351.35. 6 b. The rabies vaccination tag is attached to a collar worn 7 by a dog, including as provided in sections 351.25 and 351.26. 8 2. a. For a first conviction, the person is guilty of a 9 simple misdemeanor. 10 b. For a second or subsequent conviction, the person is 11 guilty of a serious misdemeanor. 12 3. This section shall not apply to an act taken by any of 13 the following: 14 a. The owner of the dog, an agent of the owner, or a person 15 authorized to take action by the owner. 16 b. A peace officer as defined in section 801.4. 17 c. A veterinarian licensed as provided in chapter 169. 18 Sec. 2. NEW SECTION . 351.46 Tampering with an electronic 19 handling device —— penalties. 20 1. A person commits the offense of tampering with an 21 electronic handling device if all of the following apply: 22 a. The person knowingly removes, disables, or destroys 23 an electric device designed and used to maintain custody or 24 control of the dog or modify the dog’s behavior. 25 b. The electronic device is attached to or worn by the 26 dog or attached to an item worn by the dog, including but not 27 limited to a collar, harness, or vest. 28 2. a. For a first conviction, the person is guilty of a 29 simple misdemeanor. 30 b. For a second or subsequent conviction, the person is 31 guilty of a serious misdemeanor. 32 3. This section shall not apply to an act taken by any of 33 the following: 34 a. The owner of the dog, an agent of the owner, or a person 35 -1- LSB 1156YH (4) 88 da/rn 1/ 2

H.F. 176 authorized to take action by the owner. 1 b. A peace officer as defined in section 801.4. 2 c. A veterinarian licensed as provided in chapter 169. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill prohibits a person from knowingly tampering with 7 certain articles attached to an item such as a collar worn by a 8 dog or otherwise attached to the dog. The bill’s first offense 9 (new Code section 351.45) prohibits a person from removing, 10 damaging, or destroying a rabies vaccination tag attached to a 11 collar worn by a dog. Generally, a dog must receive a rabies 12 vaccination (Code sections 351.33 and 351.36) and must wear 13 a collar with a valid rabies vaccination tag (Code section 14 351.25) or else be subject to being killed or seized by law 15 enforcement (Code section 351.26). The bill’s second offense 16 (new Code section 351.46) prohibits a person from removing, 17 disabling, or destroying an electronic handling device while 18 attached to the dog or attached to an item worn by the dog 19 (e.g., collar, harness, or vest). An electronic handling 20 device is designed and used to maintain custody or control of 21 the dog or modify the dog’s behavior. Neither offense applies 22 to the dog’s owner or to an agent of or a person authorized 23 to take action by the owner, a peace officer, or a licensed 24 veterinarian. 25 For a first conviction of either offense, a person is 26 guilty of a simple misdemeanor and for a second or subsequent 27 conviction, a person is guilty of a serious misdemeanor. 28 A simple misdemeanor is punishable by confinement for no 29 more than 30 days or a fine of at least $65 but not more than 30 $625 or by both. A serious misdemeanor is punishable by 31 confinement for no more than one year and a fine of at least 32 $315 but not more than $1,875. 33 -2- LSB 1156YH (4) 88 da/rn 2/ 2