Senate File 341 - Introduced SENATE FILE 341 BY COMMITTEE ON VETERANS AFFAIRS (SUCCESSOR TO SF 63) A BILL FOR An Act relating to assistance animals and service animals in 1 housing, service animals and service-animals-in-training in 2 public accommodations, and misrepresentation of an animal as 3 a service animal or a service-animal-in-training, providing 4 penalties, and including effective date and applicability 5 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1035SV (2) 88 asf/jh

S.F. 341 Section 1. Section 216.2, subsection 15, Code 2019, is 1 amended to read as follows: 2 15. “Unfair practice” or “discriminatory practice” means 3 those practices specified as unfair or discriminatory in 4 sections 216.6 , 216.6A , 216.7 , 216.8 , 216.8A , 216.8B, 216.9 , 5 216.10 , 216.11 , and 216.11A . 6 Sec. 2. NEW SECTION . 216.8B Assistance animals and service 7 animals in housing —— penalty. 8 1. For purposes of this section, unless the context 9 otherwise requires: 10 a. “Assistance animal” means an animal that qualifies as a 11 reasonable accommodation under the federal Fair Housing Act, 42 12 U.S.C. §3601 et seq., as amended, or section 504 of the federal 13 Rehabilitation Act of 1973, 29 U.S.C. §794, as amended. 14 b. “Service animal” means a dog or miniature horse as set 15 forth in the implementing regulations of Tit. II and Tit. III 16 of the federal Americans with Disabilities Act of 1990, 42 17 U.S.C. §12101 et seq. 18 2. A landlord shall waive lease restrictions and additional 19 payments normally required for pets on the keeping of animals 20 for the assistance animal or service animal of a person with 21 a disability. 22 3. A renter is liable for damage done to any dwelling by an 23 assistance animal or service animal. 24 4. A person who knowingly denies or interferes with the 25 right of a person with a disability under this section is, upon 26 conviction, guilty of a simple misdemeanor. 27 Sec. 3. NEW SECTION . 216.8C Finding of disability and need 28 for an assistance animal or service animal in housing. 29 1. A licensee under chapter 148, 148C, 152, 154B, 154C, 30 or 154D whose assistance is requested by a patient or client 31 seeking a finding that an assistance animal or service animal 32 as defined in section 216.8B, subsection 1, is a reasonable 33 accommodation in housing shall make a written finding regarding 34 whether the patient or client has a disability and, if a 35 -1- LSB 1035SV (2) 88 asf/jh 1/ 9

S.F. 341 disability is found, a separate written finding regarding 1 whether the need for an assistance animal or service animal is 2 related to the disability. 3 2. A licensee under chapter 148, 148C, 152, 154B, 154C, or 4 154D shall not make a finding under subsection 1 unless all of 5 the following circumstances are present: 6 a. The licensee has met with the patient or client in person 7 or by telemedicine. 8 b. The licensee is sufficiently familiar with the patient 9 or client and the disability. 10 c. The licensee is legally and professionally qualified to 11 make the finding. 12 3. The commission, in consultation with the consumer 13 protection division of the office of the attorney general, 14 shall adopt rules regarding the making of a written finding 15 by licensees under this section. The rules shall include a 16 form for licensees to document the licensees’ written finding. 17 The form shall recite this section’s requirements and comply 18 with the federal Fair Housing Act, 42 U.S.C. §3601 et seq., as 19 amended, and section 504 of the federal Rehabilitation Act of 20 1973, 29 U.S.C. §794, as amended. The form must contain only 21 two questions regarding the qualifications of the patient or 22 client, which shall be whether a person has a disability and 23 whether the need for an assistance animal or service animal is 24 related to the disability. The form must indicate that the 25 responses must be limited to “yes” or “no”. The form must not 26 allow for additional detail. 27 4. A person who, in the course of employment, is asked to 28 make a finding of disability and disability-related need for 29 an assistance animal or service animal shall utilize the form 30 created by the commission to document the person’s written 31 finding. 32 5. A landlord may deny a request for an exception to a 33 pet policy if a person, who does not have a readily apparent 34 disability, or a disability known to the landlord, fails 35 -2- LSB 1035SV (2) 88 asf/jh 2/ 9

S.F. 341 to provide documentation indicating that the person has a 1 disability and the person has a disability-related need for an 2 assistance animal or service animal. 3 6. This section does not limit the means by which a person 4 with a disability may demonstrate, pursuant to state or federal 5 law, that the person has a disability or that the person has 6 a disability-related need for an assistance animal or service 7 animal. 8 Sec. 4. NEW SECTION . 216C.1A Definitions. 9 For purposes of this chapter, unless the context otherwise 10 requires: 11 1. “Disability” means the physical or mental condition of 12 a person which constitutes a substantial disability, and the 13 condition of a person with a positive human immunodeficiency 14 virus test result, a diagnosis of acquired immune deficiency 15 syndrome, a diagnosis of acquired immune deficiency 16 syndrome-related complex, or any other condition related to 17 acquired immune deficiency syndrome. The inclusion of a 18 condition related to a positive human immunodeficiency virus 19 test result in the meaning of “disability” under the provisions 20 of this chapter does not preclude the application of the 21 provisions of this chapter to conditions resulting from other 22 contagious or infectious diseases. 23 2. “Service animal” means a dog or miniature horse as set 24 forth in the implementing regulations of Tit. II and Tit. III 25 of the federal Americans with Disabilities Act of 1990, 42 26 U.S.C. §12101 et seq. 27 3. “Service-animal-in-training” means a dog or miniature 28 horse that is undergoing a course of development and training 29 to do work or perform tasks for the benefit of an individual 30 that directly relate to the disability of the individual. 31 Sec. 5. Section 216C.11, Code 2019, is amended to read as 32 follows: 33 216C.11 Service dogs and assistive animals Service animals 34 and service-animals-in-training —— penalty . 35 -3- LSB 1035SV (2) 88 asf/jh 3/ 9

S.F. 341 1. For purposes of this section, “service dog” means a dog 1 specially trained to assist a person with a disability, whether 2 described as a service dog, a support dog, an independence dog, 3 or otherwise. “Assistive animal” means a simian or other animal 4 specially trained or in the process of being trained to assist 5 a person with a disability. 6 2. 1. A person with a disability, a person assisting a 7 person with a disability by controlling a service dog or an 8 assistive animal or a service-animal-in-training , or a person 9 training a service dog or an assistive animal has the right 10 to be accompanied by a service dog or an assistive animal or 11 service-animal-in-training , under control, in any of the places 12 listed in sections 216C.3 and 216C.4 without being required to 13 make additional payment for the service dog or assistive animal 14 or service-animal-in-training . A landlord shall waive lease 15 restrictions on the keeping of animals for the service dog or 16 assistive animal of a person with a disability. The person is 17 liable for damage done to any premises or facility by a service 18 dog or assistive animal or a service-animal-in-training . 19 3. 2. A person who knowingly denies or interferes with 20 the right of a person under this section is, upon conviction, 21 guilty of a simple misdemeanor. 22 3. a. A person who intentionally misrepresents an animal 23 as a service animal or a service-animal-in-training is, upon 24 conviction, guilty of a simple misdemeanor. 25 b. A person commits the offense of intentional 26 misrepresentation of an animal as a service animal or a 27 service-animal-in-training if all of the following elements are 28 established: 29 (1) For the purpose of obtaining any of the rights or 30 privileges set forth in state or federal law, the person 31 intentionally misrepresents an animal in one’s possession 32 as one’s service animal or service-animal-in-training 33 or a person with a disability’s service animal or 34 service-animal-in-training whom the person is assisting by 35 -4- LSB 1035SV (2) 88 asf/jh 4/ 9

S.F. 341 controlling. 1 (2) The person was previously given a written or 2 verbal warning regarding the fact that it is illegal to 3 intentionally misrepresent an animal as a service animal or a 4 service-animal-in-training. 5 (3) The person knows that the animal in question is not a 6 service animal or a service-animal-in-training. 7 Sec. 6. NEW SECTION . 216C.12 Immunity from liability 8 for injury or damage caused by service animals and 9 service-animals-in-training. 10 1. For purposes of this section, unless the context 11 otherwise requires: 12 a. “Owner” means the owner of real property, a contract 13 for deed vendee, receiver, personal representative, trustee, 14 lessor, lessee, agent, or other person directly or indirectly 15 in control of the real property. 16 b. “Real property” includes any physical location or portion 17 of real property that federal or state law or local ordinance 18 requires to be accessible to a person with a disability who 19 is using a service animal or a service-animal-in-training, a 20 person assisting a person with a disability by controlling a 21 service animal or a service-animal-in-training, or a person 22 training a service animal. 23 2. An owner is not liable for any injury or damage caused by 24 a service animal or service-animal-in-training if all of the 25 following criteria are met: 26 a. The owner believes in good faith that the animal is a 27 service animal or a service-animal-in-training and the person 28 using the animal is a person with a disability, a person 29 assisting a person with a disability by controlling a service 30 animal or a service-animal-in-training, or a person training 31 a service-animal-in-training. 32 b. The injury or damage is not caused by the owner’s 33 negligence, recklessness, or willful misconduct. 34 Sec. 7. Section 717F.1, subsection 2, Code 2019, is amended 35 -5- LSB 1035SV (2) 88 asf/jh 5/ 9

S.F. 341 to read as follows: 1 2. “Assistive animal” means the same as defined in section 2 216C.11 a simian or other animal specially trained or in the 3 process of being trained to assist a person with a disability . 4 Sec. 8. EMERGENCY RULES. The Iowa civil rights commission 5 may adopt emergency rules under section 17A.4, subsection 3, 6 and section 17A.5, subsection 2, paragraph “b”, to implement 7 the section of this Act enacting section 216.8C and the rules 8 shall be effective immediately upon filing. Any rules adopted 9 in accordance with this section shall also be published as a 10 notice of intended action as provided in section 17A.4. 11 Sec. 9. EFFECTIVE DATE. The following, being deemed of 12 immediate importance, takes effect upon enactment: 13 The section of this Act enacting section 216.8C. 14 Sec. 10. APPLICABILITY. The section of this Act enacting 15 section 216.8C applies once rules are adopted. Prior to the 16 adoption of the rules and creation of a licensee’s written 17 finding form, a renter seeking an assistance animal or a 18 service animal as a reasonable accommodation in housing 19 shall otherwise demonstrate pursuant to state or federal law 20 that the person has a disability and that the person has a 21 disability-related need for an assistance animal or service 22 animal. 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 This bill relates to assistance animals and service animals 27 in housing and misrepresentation of an animal as a service 28 animal or a service-animal-in-training, provides penalties, and 29 includes effective date and applicability provisions. 30 The bill creates new Code section 216.8B, titled “Assistance 31 animals and service animals in housing —— penalty”. The new 32 Code section provides definitions for assistance animal and 33 service animal by referencing federal law and provides that 34 a landlord shall waive lease restrictions on the keeping of 35 -6- LSB 1035SV (2) 88 asf/jh 6/ 9

S.F. 341 animals for the assistance animal or service animal of a 1 person with a disability. It also provides that a renter 2 is liable for damage done to any dwelling by an assistance 3 animal or service animal. Finally, the new Code section 4 provides that a person commits a simple misdemeanor if a person 5 knowingly denies or interferes with the right of a person with 6 a disability under the Code section. A simple misdemeanor is 7 punishable by confinement of no more than 30 days or a fine 8 of at least $65 but no more than $625 or by both. The bill 9 provides that if a person violates Code section 216.8B, it 10 shall constitute an unfair practice or discriminatory practice 11 as defined in Code section 216.2. 12 The bill creates new Code section 216.8C, titled “Finding 13 of disability and need for an assistance animal or service 14 animal in housing”. The bill provides a process for a 15 patient or client to request the assistance of a professional 16 licensed under certain chapters of the Code in finding 17 that the individual is a person with a disability who needs 18 an assistance animal or service animal as a reasonable 19 accommodation in housing. The bill provides that the licensee 20 shall not make a finding unless the licensee has met with the 21 patient or client in person or by telemedicine; the licensee 22 is sufficiently familiar with the patient or client and the 23 disability; and the licensee is legally and professionally 24 qualified to make the finding. The bill provides the licensee 25 shall make a written finding regarding whether the patient 26 or client has a disability, and if a disability is found, 27 a separate written finding regarding whether the need for 28 an assistance animal or service animal is related to the 29 disability. 30 The bill requires the Iowa civil rights commission, in 31 consultation with the consumer protection division of the 32 office of the attorney general, to adopt rules regarding 33 the making of a written finding by licensees. The rules 34 must include a form for licensees to document the licensee’s 35 -7- LSB 1035SV (2) 88 asf/jh 7/ 9

S.F. 341 written finding, recite the requirements of new Code section 1 216.8C, and comply with the federal Fair Housing Act and the 2 federal Rehabilitation Act of 1973. The bill provides that 3 the commission may adopt emergency rules. New Code section 4 216.8C applies once rules are adopted. The bill provides that 5 prior to the adoption of the rules and creation of a licensee’s 6 written findings form, a renter seeking an assistance animal or 7 service animal as a reasonable accommodation shall otherwise 8 demonstrate pursuant to state or federal law that the person 9 has a disability and that the person has a disability-related 10 need for an assistance animal or service animal. 11 Within new Code section 216.8C, the bill also provides that 12 a landlord may deny a request for an exception to a pet policy 13 if a person, who does not have a readily apparent disability, 14 or a disability known to the landlord, fails to provide 15 documentation indicating that the person has a disability or 16 a disability-related need for an assistance animal or service 17 animal. 18 The bill amends Code chapter 216C. The bill adds a 19 Code chapter definition of disability that is similar to 20 the definition in Code section 216.2(5). The bill adds a 21 Code chapter definition of service animal by referencing 22 federal law. The bill adds a Code chapter definition of 23 service-animal-in-training. 24 The bill amends Code section 216C.11. It changes the 25 title of the Code section from “Service dogs and assistive 26 animals” to “Service animals and service-animals-in-training 27 —— penalty”. 28 The bill moves a housing provision relating to landlords and 29 tenants from Code section 216C.11 to new Code section 216.8B. 30 The bill changes the right in Code section 216C.11 to take 31 animals to places listed in Code sections 216C.3 and 216C.4 to 32 include service animals and service-animals-in-training and 33 removes the right to take service dogs and assistive animals. 34 In Code section 216C.11, the bill criminalizes the 35 -8- LSB 1035SV (2) 88 asf/jh 8/ 9

S.F. 341 intentional misrepresentation of an animal as a service animal 1 or a service-animal-in-training. A person commits this public 2 offense if all of the following elements are established: 3 for the purpose of obtaining any of the rights or privileges 4 set forth in state or federal law, the person intentionally 5 misrepresents an animal in one’s possession as one’s service 6 animal or service-animal-in-training or a person with a 7 disability’s service animal or service-animal-in-training 8 whom the person is assisting by controlling; the person was 9 previously given a written or verbal warning regarding the fact 10 it is illegal to intentionally misrepresent an animal as a 11 service animal or a service-animal-in-training; and the person 12 knows that the animal in question is not a service animal or a 13 service-animal-in-training. The new public offense is a simple 14 misdemeanor. A simple misdemeanor is punishable by confinement 15 for no more than 30 days or a fine of at least $65 but no more 16 than $625 or by both. 17 The bill creates new Code section 216C.12, which is titled 18 “Immunity from liability for injury or damage caused by service 19 animals and service-animals-in-training”. The bill provides 20 Code section definitions for “owner” and “real property”. The 21 bill provides that an owner is not liable for any injury or 22 damage caused by a service animal or service-animal-in-training 23 if the owner believes in good faith that the animal is a 24 service animal or a service-animal-in-training and the person 25 using the animal is a person with a disability, a person 26 assisting a person with a disability by controlling a service 27 animal or a service-animal-in-training, or a person training 28 a service-animal-in-training and the injury or damage is not 29 caused by the owner’s negligence, recklessness, or willful 30 misconduct. 31 -9- LSB 1035SV (2) 88 asf/jh 9/ 9