HSB 152 (LSB 2017YC (2) 90)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON BLOOMINGDALE)

A BILL FOR

An Act relating to the ownership of dogs, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 351.25, Code 2023, is amended by striking the section and inserting in lieu thereof the following:
   351.25  Dogs as property —— right to own dog.
   1.  A dog shall be deemed property if the dog is any of the following:
   a.  Less than four months of age.
   b.  Owned by a person as evidenced by proof of identification, which may include any of the following:
   (1)  A valid rabies vaccination tag attached to the dog’s collar.
   (2)  A tattoo imprinted on the dog’s skin that may be visually observed.
   (3)  A device implanted under the dog’s skin that stores information in an electronic format.
   (4)  A receipt or contract indicating ownership.
   (5)  A record of an ongoing patient-client relationship with a veterinarian.
   (6)  An otherwise documented history of ownership.
   2.  A county shall not adopt, enforce, or otherwise administer an ordinance, motion, resolution, or amendment that restricts or hinders a person’s right to own or keep a dog based on the breed, perceived breed, or physical characteristics of the dog. This subsection does not inhibit the authority of a county to adopt, enforce, or administer an ordinance, motion, resolution, or amendment that applies to all dogs.
    Sec. 2.  Section 351.26, Code 2023, is amended by striking the section and inserting in lieu thereof the following:
   351.26  Peace officer authority to kill dog.
   It shall be lawful for a peace officer to kill a dog within the peace officer’s respective jurisdiction if such jurisdiction has not otherwise provided for the seizure and impoundment of dogs or, if the jurisdiction has provided for the seizure and impoundment of dogs, no temporary housing can reasonably be secured in or near the jurisdiction. This section does not apply to a dog that is under the control of the owner or an agent of the owner.
    Sec. 3.  Section 351.27, Code 2023, is amended to read as follows:
   351.27  Right Authority to kill tagged dog.
   It shall be lawful for any person to kill a dog, wearing a collar with a rabies vaccination tag attached, when the dog is caught in the act of chasing, maiming, or killing any domestic animal or fowl, or when such dog is attacking or attempting to bite a person.
    Sec. 4.  Section 351.33, Code 2023, is amended to read as follows:
   351.33  Rabies vaccination.
   Every owner of a dog shall obtain a rabies vaccination for such animal. It shall be unlawful for any person to own or have a dog in the person’s possession, six four months of age or over, which that has not been vaccinated against rabies. Dogs kept in kennels and not allowed to run at large shall not be subject to these vaccination requirements.
    Sec. 5.  Section 351.37, subsections 1 and 2, Code 2023, are amended to read as follows:
   1.  A dog shall be apprehended and impounded by a local board of health or law enforcement official or designated agent if the dog is running at large and the dog is not wearing a valid rabies vaccination tag or a rabies vaccination certificate is not presented to the local board of health or law enforcement official.
   2.  The local board of health or law enforcement official shall provide written notice to the owner if the local board of health or law enforcement official can reasonably determine the owner’s name and current address by accessing a tag or other device that is on or a part of the dog. The notice shall be sent within two days after the dog has been impounded. The notice shall provide that if the owner does not redeem the dog within seven days from the date that the notice is delivered, the dog may be humanely destroyed or otherwise disposed of in accordance with law. For purposes of this section, notice is delivered when the local board of health or law enforcement official mails the notice, which may be by regular mail. An owner may redeem a dog by having it immediately vaccinated, if the dog is overdue for vaccination, and paying the cost of impoundment.
    Sec. 6.  Section 351.45, subsection 1, paragraph b, Code 2023, is amended to read as follows:
   b.  The rabies vaccination tag is attached to a collar worn by a dog, including as provided in sections section 351.25 and 351.26.
    Sec. 7.  Section 364.3, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  18.  A city shall not adopt, enforce, or otherwise administer an ordinance, motion, resolution, or amendment that restricts or hinders a person’s right to own or keep a dog based on the breed, perceived breed, or physical characteristics of the dog. This subsection does not inhibit the authority of a city to adopt, enforce, or administer an ordinance, motion, resolution, or amendment that applies to all dogs.
    Sec. 8.  REPEAL.  Section 351.29, Code 2023, is repealed.
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 the ownership of dogs.
   Under current law, a dog is deemed property if the dog is under six months of age or if the dog is at least six months of age and wearing a collar with a valid rabies vaccination tag attached to the collar. A person is prohibited from owning or having in possession a dog that is at least six months of age if the dog has not been vaccinated against rabies.
   The bill instead states that a dog is deemed property if the dog is less than four months of age or certain evidence exists to demonstrate ownership. A person is prohibited from owning or having in possession a dog that is at least four months of age if the dog has not been vaccinated for rabies. By operation of law, a person who owns or possesses a dog that is at least four months of age that is not vaccinated against rabies is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.
   Under current law, a person may lawfully kill any dog for which a rabies vaccination tag is required when the dog is not wearing a collar with a rabies vaccination tag attached. A peace officer has a duty to kill such a dog within the peace officer’s jurisdiction when the jurisdiction does not otherwise provide for the seizure and impoundment of dogs. If a dog is wearing a collar with a rabies vaccination tag attached, a person may lawfully kill the dog if the dog is chasing, maiming, or killing any domestic animal or fowl, or when the dog is attacking or attempting to bite a person. A dog running at large shall be impounded by a local board of health or law enforcement official if the dog is not wearing a valid rabies vaccination tag or a rabies vaccination certificate is not presented to the local board of health or law enforcement official.
   The bill instead authorizes only a peace officer to kill a dog within the peace officer’s respective jurisdiction if such jurisdiction has not otherwise provided for the seizure and impoundment of dogs or, if the jurisdiction has provided for the seizure and impoundment of dogs, no temporary housing can reasonably be secured in or near the jurisdiction. The bill does not authorize a peace officer to kill a dog that is under the control of the owner or an agent of the owner. However, any person may kill a dog that is chasing, maiming, or killing any domestic animal or fowl, or when the dog is attacking or attempting to bite a person, regardless of whether the dog is wearing a collar with a rabies vaccination tag attached. The bill authorizes a designated agent of a local board of health or law enforcement official to impound a dog running at large.
   The bill prohibits a county or city from adopting, enforcing, or otherwise administering an ordinance, motion, resolution, or amendment that restricts or hinders a person’s right to own or keep a dog based on the breed, perceived breed, or physical characteristics of the dog, but does not inhibit the authority of a county or city to adopt, enforce, or administer an ordinance, motion, resolution, or amendment that applies to all dogs.