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