House File 2190 - Introduced HOUSE FILE 2190 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2016) A BILL FOR An Act relating to requirements for proof of ownership of dogs 1 and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5039HV (1) 91 ak/jh
H.F. 2190 Section 1. Section 351.25, Code 2026, is amended by striking 1 the section and inserting in lieu thereof the following: 2 351.25 Dog as property —— proof of ownership —— penalties. 3 1. Any dog six months or less of age shall be deemed 4 property, and proof of ownership may be established by any 5 method listed in subsection 2, paragraph “b” , “c” , “d” , “e” , or 6 “f” . 7 2. Any dog over six months of age shall be deemed property 8 only if proof of ownership exists, which may be established by 9 any of the following: 10 a. A valid rabies vaccination tag attached to the dog’s 11 collar. 12 b. A tattoo imprinted on the dog’s skin that may be visually 13 observed. 14 c. A device implanted under the dog’s skin that stores 15 information in an electronic format, such as a microchip. 16 Upon apprehension, impoundment, or admission to a shelter, 17 the shelter shall scan across the entire body of the dog to 18 determine if such a device is present to locate the owner 19 of the dog. Prior to adoption, euthanasia, or transfer of 20 ownership or possession of the dog by a shelter, the shelter 21 shall again scan across the entire body of the dog to determine 22 whether the device is present. The shelter shall record 23 and maintain the results of the scan in a written transfer, 24 adoption, or other disposition record. 25 d. A receipt or contract indicating ownership. 26 e. A record of an ongoing patient-client relationship with a 27 veterinarian. 28 f. An otherwise documented history of ownership. 29 3. This section shall not be construed to affect a dog 30 owner’s duty to comply with the vaccination requirements 31 established in sections 351.33 and 351.35. 32 4. In a legal dispute regarding ownership, a party that 33 provides proof of ownership pursuant to this section is 34 presumed to own the dog. To overcome this presumption, a lack 35 -1- LSB 5039HV (1) 91 ak/jh 1/ 3
H.F. 2190 of ownership must be shown by a preponderance of evidence by 1 the party challenging such ownership. 2 5. Any person who knowingly misrepresents the ownership of 3 a dog to a law enforcement officer or in a legal proceeding is 4 guilty of a simple misdemeanor. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to the verification of ownership of dogs. 9 Under current law, a dog is deemed property if the dog is 10 under six months of age or if the dog is at least six months of 11 age and wearing a collar with a valid rabies vaccination tag 12 attached to the collar. A person is prohibited from owning or 13 having in possession a dog that is at least six months of age if 14 the dog has not been vaccinated against rabies. 15 The bill provides that a dog under six months of age is 16 deemed property and that ownership of the dog can be shown 17 by tattoo, microchip, receipt, contract, medical records, or 18 other documented history of ownership. The bill provides that 19 a dog over six months of age is deemed property only if proof 20 of ownership exists, which can be shown by a valid rabies 21 vaccination tag, tattoo, microchip, receipt, contract, medical 22 records, or other documented history of ownership. 23 The bill provides that the amended Code section shall not be 24 construed to affect a dog owner’s obligation to vaccinate their 25 dog under Code sections 351.33 (rabies vaccination) and 351.35 26 (how and when). 27 The bill provides that in a legal dispute over ownership, 28 the owner of the dog is presumed to be the person with proof of 29 ownership as shown in one of the ways listed in the bill, and 30 that this presumption can only be overcome by a preponderance 31 of evidence to the contrary. The bill provides that any person 32 who knowingly misrepresents the ownership of a dog to a law 33 enforcement officer or in a legal proceeding is guilty of a 34 simple misdemeanor; a simple misdemeanor is punishable by 35 -2- LSB 5039HV (1) 91 ak/jh 2/ 3
H.F. 2190 confinement for not more than 30 days and a fine of at least 1 $105 but not more than $855. 2 -3- LSB 5039HV (1) 91 ak/jh 3/ 3