HF 2190 (LSB 5039HV (1) 91)

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 and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 351.25, Code 2026, is amended by striking the section and inserting in lieu thereof the following:
   351.25  Dog as property —— proof of ownership —— penalties.
   1.  Any dog six months or less of age shall be deemed property, and proof of ownership may be established by any method listed in subsection 2, paragraph “b”, “c”, “d”, “e”, or “f”.
   2.  Any dog over six months of age shall be deemed property only if proof of ownership exists, which may be established by any of the following:
   a.  A valid rabies vaccination tag attached to the dog’s collar.
   b.  A tattoo imprinted on the dog’s skin that may be visually observed.
   c.  A device implanted under the dog’s skin that stores information in an electronic format, such as a microchip. Upon apprehension, impoundment, or admission to a shelter, the shelter shall scan across the entire body of the dog to determine if such a device is present to locate the owner of the dog. Prior to adoption, euthanasia, or transfer of ownership or possession of the dog by a shelter, the shelter shall again scan across the entire body of the dog to determine whether the device is present. The shelter shall record and maintain the results of the scan in a written transfer, adoption, or other disposition record.
   d.  A receipt or contract indicating ownership.
   e.  A record of an ongoing patient-client relationship with a veterinarian.
   f.  An otherwise documented history of ownership.
   3.  This section shall not be construed to affect a dog owner’s duty to comply with the vaccination requirements established in sections 351.33 and 351.35.
   4.  In a legal dispute regarding ownership, a party that provides proof of ownership pursuant to this section is presumed to own the dog. To overcome this presumption, a lack of ownership must be shown by a preponderance of evidence by the party challenging such ownership.
   5.  Any person who knowingly misrepresents the ownership of a dog to a law enforcement officer or in a legal proceeding is guilty of a simple misdemeanor.
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 verification of 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 provides that a dog under six months of age is deemed property and that ownership of the dog can be shown by tattoo, microchip, receipt, contract, medical records, or other documented history of ownership. The bill provides that a dog over six months of age is deemed property only if proof of ownership exists, which can be shown by a valid rabies vaccination tag, tattoo, microchip, receipt, contract, medical records, or other documented history of ownership.
   The bill provides that the amended Code section shall not be construed to affect a dog owner’s obligation to vaccinate their dog under Code sections 351.33 (rabies vaccination) and 351.35 (how and when).
   The bill provides that in a legal dispute over ownership, the owner of the dog is presumed to be the person with proof of ownership as shown in one of the ways listed in the bill, and that this presumption can only be overcome by a preponderance of evidence to the contrary. The bill provides that any person who knowingly misrepresents the ownership of a dog to a law enforcement officer or in a legal proceeding is guilty of a simple misdemeanor; a simple misdemeanor is punishable by confinement for not more than 30 days and a fine of at least $105 but not more than $855.