H.F. 651 Section 1. Section 351.25, Code 2023, is amended by striking 1 the section and inserting in lieu thereof the following: 2 351.25 Dogs as property —— right to own dog. 3 1. A dog shall be deemed property if the dog is any of the 4 following: 5 a. Less than four months of age. 6 b. Owned by a person as evidenced by proof of 7 identification, which may include any of the following: 8 (1) A valid rabies vaccination tag attached to the dog’s 9 collar. 10 (2) A tattoo imprinted on the dog’s skin that may be 11 visually observed. 12 (3) A device implanted under the dog’s skin that stores 13 information in an electronic format. 14 (4) A receipt or contract indicating ownership. 15 (5) A record of an ongoing patient-client relationship with 16 a veterinarian. 17 (6) An otherwise documented history of ownership. 18 2. A county shall not adopt, enforce, or otherwise 19 administer an ordinance, motion, resolution, or amendment 20 that restricts or hinders a person’s right to own or keep 21 a dog based on the breed, perceived breed, or physical 22 characteristics of the dog. This subsection does not inhibit 23 the authority of a county to adopt, enforce, or administer an 24 ordinance, motion, resolution, or amendment that applies to all 25 dogs. 26 Sec. 2. Section 351.26, Code 2023, is amended by striking 27 the section and inserting in lieu thereof the following: 28 351.26 Peace officer authority to kill dog. 29 It shall be lawful for a peace officer to kill a dog 30 within the peace officer’s respective jurisdiction if such 31 jurisdiction has not otherwise provided for the seizure and 32 impoundment of dogs or, if the jurisdiction has provided for 33 the seizure and impoundment of dogs, no temporary housing 34 can reasonably be secured in or near the jurisdiction. This 35 -1- LSB 2017HV (2) 90 js/ns 1/ 7

H.F. 651 section does not apply to a dog that is under the control of the 1 owner or an agent of the owner. 2 Sec. 3. Section 351.27, Code 2023, is amended to read as 3 follows: 4 351.27 Right Authority to kill tagged dog. 5 It shall be lawful for any person to kill a dog , wearing a 6 collar with a rabies vaccination tag attached, when the dog is 7 caught in the act of chasing, maiming, or killing any domestic 8 animal or fowl, or when such dog is attacking or attempting to 9 bite a person. 10 Sec. 4. Section 351.33, Code 2023, is amended to read as 11 follows: 12 351.33 Rabies vaccination. 13 Every owner of a dog shall obtain a rabies vaccination for 14 such animal. It shall be unlawful for any person to own or have 15 a dog in the person’s possession, six four months of age or 16 over, which that has not been vaccinated against rabies. Dogs 17 kept in kennels and not allowed to run at large shall not be 18 subject to these vaccination requirements. 19 Sec. 5. Section 351.37, subsections 1 and 2, Code 2023, are 20 amended to read as follows: 21 1. A dog shall be apprehended and impounded by a local board 22 of health or law enforcement official or designated agent if 23 the dog is running at large and the dog is not wearing a valid 24 rabies vaccination tag or a rabies vaccination certificate is 25 not presented to the local board of health or law enforcement 26 official . 27 2. The local board of health or law enforcement official 28 shall provide written notice to the owner if the local board of 29 health or law enforcement official can reasonably determine the 30 owner’s name and current address by accessing a tag or other 31 device that is on or a part of the dog. The notice shall be 32 sent within two days after the dog has been impounded. The 33 notice shall provide that if the owner does not redeem the dog 34 within seven days from the date that the notice is delivered, 35 -2- LSB 2017HV (2) 90 js/ns 2/ 7

H.F. 651 the dog may be humanely destroyed or otherwise disposed of in 1 accordance with law. For purposes of this section , notice is 2 delivered when the local board of health or law enforcement 3 official mails the notice , which may be by regular mail. An 4 owner may redeem a dog by having it immediately vaccinated , 5 if the dog is overdue for vaccination, and paying the cost of 6 impoundment. 7 Sec. 6. Section 351.45, subsection 1, paragraph b, Code 8 2023, is amended to read as follows: 9 b. The rabies vaccination tag is attached to a collar worn 10 by a dog, including as provided in sections section 351.25 and 11 351.26 . 12 Sec. 7. Section 364.3, Code 2023, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 18. A city shall not adopt, enforce, or 15 otherwise administer an ordinance, motion, resolution, or 16 amendment that restricts or hinders a person’s right to own or 17 keep a dog based on the breed, perceived breed, or physical 18 characteristics of the dog. This subsection does not inhibit 19 the authority of a city to adopt, enforce, or administer an 20 ordinance, motion, resolution, or amendment that applies to all 21 dogs. 22 Sec. 8. NEW SECTION . 515.116 Homeowner’s and renter’s 23 insurance —— dangerous or high risk dogs. 24 1. This section shall be known and may be cited as the “Dog 25 Breed Insurance Underwriting Protection Act” . 26 2. As used in this section, unless the context otherwise 27 requires: 28 a. “Custody” means to possess, keep, or harbor. 29 b. “Insurer” means the same as defined in section 515.115. 30 3. If a homeowner or a renter has custody of a dog 31 classified as dangerous or high risk pursuant to an applicable 32 city ordinance, the homeowner or renter shall have a 33 homeowner’s insurance policy or renter’s insurance policy in an 34 amount that is equal to or greater than the coverage required 35 -3- LSB 2017HV (2) 90 js/ns 3/ 7

H.F. 651 by the applicable city ordinance. 1 4. a. An insurer shall not, based solely upon a 2 policyholder or potential policyholder having custody of a 3 dog of a specific breed or mixture of breeds, do any of the 4 following: 5 (1) Refuse to issue or renew the policyholder’s or potential 6 policyholder’s homeowner’s or renter’s insurance policy. 7 (2) Charge or impose an increased premium or rate for the 8 policyholder’s or potential policyholder’s homeowner’s or 9 renter’s insurance policy. 10 (3) Cancel a policyholder’s homeowner’s or renter’s 11 insurance policy. 12 b. An insurer shall not exclude, limit, restrict, or reduce 13 coverage under a homeowner’s or renter’s insurance policy based 14 solely upon the policyholder or potential policyholder having 15 custody of a dog of a specific breed or mixture of breeds. 16 5. Notwithstanding subsection 4, if a policyholder has 17 custody of a dog of a specific breed or mixture of breeds 18 classified as dangerous or high risk pursuant to a county 19 or city ordinance authorized under section 351.25 or 364.3, 20 an insurer may, based on sound underwriting and actuarial 21 principles reasonably related to actual or anticipated loss 22 experience as determined by rules adopted by the insurance 23 commissioner, do any of the following: 24 a. Refuse to issue or renew the policyholder’s or potential 25 policyholder’s homeowner’s or renter’s insurance policy. 26 b. Charge or impose a reasonable premium or rate increase 27 for the policyholder’s homeowner’s on renter’s insurance 28 policy. 29 c. Cancel the policyholder’s homeowner’s or renter’s 30 insurance policy. 31 6. The commissioner shall adopt rules pursuant to chapter 32 17A to implement and administer this section. 33 Sec. 9. REPEAL. Section 351.29, Code 2023, is repealed. 34 Sec. 10. EFFECTIVE DATE. The section of this Act enacting 35 -4- LSB 2017HV (2) 90 js/ns 4/ 7

H.F. 651 section 515.116 takes effect one hundred eighty days after 1 enactment. 2 Sec. 11. APPLICABILITY. The section of this Act enacting 3 section 515.116 applies to all homeowner’s and renter’s 4 insurance policies issued or renewed in the state on or after 5 the effective date of the section of this Act enacting section 6 515.116. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to the ownership of dogs. 11 Under current law, a dog is deemed property if the dog is 12 under six months of age or if the dog is at least six months of 13 age and wearing a collar with a valid rabies vaccination tag 14 attached to the collar. A person is prohibited from owning or 15 having in possession a dog that is at least six months of age if 16 the dog has not been vaccinated against rabies. 17 The bill instead states that a dog is deemed property if 18 the dog is less than four months of age or certain evidence 19 exists to demonstrate ownership. A person is prohibited from 20 owning or having in possession a dog that is at least four 21 months of age if the dog has not been vaccinated for rabies. 22 By operation of law, a person who owns or possesses a dog that 23 is at least four months of age that is not vaccinated against 24 rabies is guilty of a simple misdemeanor. A simple misdemeanor 25 is punishable by confinement for no more than 30 days and a 26 fine of at least $105 but not more than $855. 27 Under current law, a person may lawfully kill any dog for 28 which a rabies vaccination tag is required when the dog is not 29 wearing a collar with a rabies vaccination tag attached. A 30 peace officer has a duty to kill such a dog within the peace 31 officer’s jurisdiction when the jurisdiction does not otherwise 32 provide for the seizure and impoundment of dogs. If a dog 33 is wearing a collar with a rabies vaccination tag attached, 34 a person may lawfully kill the dog if the dog is chasing, 35 -5- LSB 2017HV (2) 90 js/ns 5/ 7

H.F. 651 maiming, or killing any domestic animal or fowl, or when the 1 dog is attacking or attempting to bite a person. A dog running 2 at large shall be impounded by a local board of health or law 3 enforcement official if the dog is not wearing a valid rabies 4 vaccination tag or a rabies vaccination certificate is not 5 presented to the local board of health or law enforcement 6 official. 7 The bill instead authorizes only a peace officer to kill a 8 dog within the peace officer’s respective jurisdiction if such 9 jurisdiction has not otherwise provided for the seizure and 10 impoundment of dogs or, if the jurisdiction has provided for 11 the seizure and impoundment of dogs, no temporary housing can 12 reasonably be secured in or near the jurisdiction. The bill 13 does not authorize a peace officer to kill a dog that is under 14 the control of the owner or an agent of the owner. However, 15 any person may kill a dog that is chasing, maiming, or killing 16 any domestic animal or fowl, or when the dog is attacking or 17 attempting to bite a person, regardless of whether the dog is 18 wearing a collar with a rabies vaccination tag attached. The 19 bill authorizes a designated agent of a local board of health 20 or law enforcement official to impound a dog running at large. 21 The bill prohibits a county or city from adopting, 22 enforcing, or otherwise administering an ordinance, motion, 23 resolution, or amendment that restricts or hinders a person’s 24 right to own or keep a dog based on the breed, perceived 25 breed, or physical characteristics of the dog, but does not 26 inhibit the authority of a county or city to adopt, enforce, or 27 administer an ordinance, motion, resolution, or amendment that 28 applies to all dogs. 29 The bill requires a homeowner or renter who has custody 30 of a dog classified as dangerous or high risk pursuant to 31 an applicable city ordinance to have a homeowner’s insurance 32 policy or renter’s insurance policy, respectively, in an amount 33 that is equal to or greater than the coverage required by the 34 applicable city ordinance. The bill prohibits an insurer 35 -6- LSB 2017HV (2) 90 js/ns 6/ 7

H.F. 651 from, based solely on a policyholder or potential policyholder 1 having custody of a dog of a specific breed or mixture of 2 breeds, refusing to issue or renew the policyholder’s or 3 potential policyholder’s homeowner’s or renter’s insurance 4 policy; charging or imposing an increased premium or rate for 5 the policyholder’s or potential policyholder’s policy; or from 6 canceling a policyholder’s homeowner’s or renter’s policy. 7 An insurer is also prohibited from excluding, limiting, 8 restricting, or reducing coverage under a homeowner’s or 9 renter’s policy based solely upon the policyholder having 10 custody of a specified dog. “Custody” is defined in the bill 11 as possessing, keeping, or harboring. 12 If, however, a policyholder has custody of a dog classified 13 as dangerous or high risk pursuant to an applicable city 14 ordinance authorized by the bill, an insurer may, based on 15 sound underwriting and actuarial principles reasonably related 16 to actual or anticipated loss experience determined by rules 17 adopted by the commissioner of insurance, refuse to issue or 18 renew the homeowner’s or renter’s policy. An issuer may also 19 impose a reasonable premium or rate increase or cancel the 20 homeowner’s or renter’s policy. 21 The provisions of the bill relating to insurance policies 22 take effect 180 days after enactment and apply to all 23 homeowner’s and renter’s insurance policies issued or renewed 24 in the state on or after that date. 25 -7- LSB 2017HV (2) 90 js/ns 7/ 7