HF 244 (LSB 2264YH (4) 91)

HOUSE FILE 244

BY  HERMANSON, C. JOHNSON, BLOOMINGDALE, GEARHART, and LATHAM

A BILL FOR

An Act relating to the offense of intentional misrepresentation of an animal as a service animal or service-animal-in-training.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 216C.11, subsection 3, paragraph b, Code 2025, is amended to read as follows:
   b.  A person commits the offense of intentional misrepresentation of an animal as a service animal or a service-animal-in-training if all of the following elements are established:
   (1)  For, for the purpose of obtaining any of the rights or privileges set forth in state or federal law, the person intentionally misrepresents an animal in one’s possession as one’s service animal or service-animal-in-training or a person with a disability’s service animal or service-animal-in-training whom the person is assisting by controlling.
   (2)  The person was previously given a written or verbal warning regarding the fact that it is illegal to intentionally misrepresent an animal as a service animal or a service-animal-in-training.
   (3)  The person knows that the animal in question is not a service animal or a service-animal-in-training.
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 offense of intentional misrepresentation of an animal as a service animal or service-animal-in-training. Under current law, a person commits the offense of intentional misrepresentation of an animal as a service animal or a service-animal-in-training if the three following elements are established: (1) the person intentionally misrepresents an animal in one’s possession as one’s service animal or service-animal-in-training or a person with a disability’s service animal or service-animal-in-training whom the person is assisting by controlling to obtain any of the rights or privileges set forth in law for such animals, (2) the person was previously given a written or verbal warning regarding the fact that it is illegal to intentionally misrepresent an animal, and (3) the person knows that the animal in question is not a service animal or a service-animal-in-training. The bill strikes the second and third elements.
   A person who commits the offense of intentional misrepresentation of an animal as a service animal or service-animal-in-training commits 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.