H.F. _____ 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 2017YC (2) 90 js/ns 1/ 5

H.F. _____ 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 2017YC (2) 90 js/ns 2/ 5

H.F. _____ 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. REPEAL. Section 351.29, Code 2023, is repealed. 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 the ownership of dogs. 27 Under current law, a dog is deemed property if the dog is 28 under six months of age or if the dog is at least six months of 29 age and wearing a collar with a valid rabies vaccination tag 30 attached to the collar. A person is prohibited from owning or 31 having in possession a dog that is at least six months of age if 32 the dog has not been vaccinated against rabies. 33 The bill instead states that a dog is deemed property if 34 the dog is less than four months of age or certain evidence 35 -3- LSB 2017YC (2) 90 js/ns 3/ 5

H.F. _____ exists to demonstrate ownership. A person is prohibited from 1 owning or having in possession a dog that is at least four 2 months of age if the dog has not been vaccinated for rabies. 3 By operation of law, a person who owns or possesses a dog that 4 is at least four months of age that is not vaccinated against 5 rabies is guilty of a simple misdemeanor. A simple misdemeanor 6 is punishable by confinement for no more than 30 days and a 7 fine of at least $105 but not more than $855. 8 Under current law, a person may lawfully kill any dog for 9 which a rabies vaccination tag is required when the dog is not 10 wearing a collar with a rabies vaccination tag attached. A 11 peace officer has a duty to kill such a dog within the peace 12 officer’s jurisdiction when the jurisdiction does not otherwise 13 provide for the seizure and impoundment of dogs. If a dog 14 is wearing a collar with a rabies vaccination tag attached, 15 a person may lawfully kill the dog if the dog is chasing, 16 maiming, or killing any domestic animal or fowl, or when the 17 dog is attacking or attempting to bite a person. A dog running 18 at large shall be impounded by a local board of health or law 19 enforcement official if the dog is not wearing a valid rabies 20 vaccination tag or a rabies vaccination certificate is not 21 presented to the local board of health or law enforcement 22 official. 23 The bill instead authorizes only a peace officer to kill a 24 dog within the peace officer’s respective jurisdiction if such 25 jurisdiction has not otherwise provided for the seizure and 26 impoundment of dogs or, if the jurisdiction has provided for 27 the seizure and impoundment of dogs, no temporary housing can 28 reasonably be secured in or near the jurisdiction. The bill 29 does not authorize a peace officer to kill a dog that is under 30 the control of the owner or an agent of the owner. However, 31 any person may kill a dog that is chasing, maiming, or killing 32 any domestic animal or fowl, or when the dog is attacking or 33 attempting to bite a person, regardless of whether the dog is 34 wearing a collar with a rabies vaccination tag attached. The 35 -4- LSB 2017YC (2) 90 js/ns 4/ 5

H.F. _____ bill authorizes a designated agent of a local board of health 1 or law enforcement official to impound a dog running at large. 2 The bill prohibits a county or city from adopting, 3 enforcing, or otherwise administering an ordinance, motion, 4 resolution, or amendment that restricts or hinders a person’s 5 right to own or keep a dog based on the breed, perceived 6 breed, or physical characteristics of the dog, but does not 7 inhibit the authority of a county or city to adopt, enforce, or 8 administer an ordinance, motion, resolution, or amendment that 9 applies to all dogs. 10 -5- LSB 2017YC (2) 90 js/ns 5/ 5