Senate File 2365 - Reprinted SENATE FILE 2365 BY COMMITTEE ON VETERANS AFFAIRS (SUCCESSOR TO SSB 3148) (As Amended and Passed by the Senate March 7, 2018 ) A BILL FOR An Act relating to assistance animals and service animals in 1 housing and misrepresentation of an animal as a service 2 animal or a service-animal-in-training and providing 3 penalties and including applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 SF 2365 (5) 87 asf/rj/ko

S.F. 2365 Section 1. NEW SECTION . 216.8B Assistance animals and 1 service animals in housing —— penalty. 2 1. For purposes of this section, unless the context 3 otherwise requires: 4 a. “Assistance animal” means an animal that qualifies as a 5 reasonable accommodation under the federal Fair Housing Act, 42 6 U.S.C. §3601 et seq., as amended, or section 504 of the federal 7 Rehabilitation Act of 1973, 29 U.S.C. §794, as amended. 8 b. “Service animal” means a dog or miniature horse as set 9 forth in the implementing regulations of Title II and Title 10 III of the federal Americans with Disabilities Act of 1990, 42 11 U.S.C. §12101 et seq. 12 2. A landlord shall waive lease restrictions and additional 13 payments normally required for pets on the keeping of animals 14 for the assistance animal or service animal of a person with 15 a disability. 16 3. A tenant is liable for damage done to any dwelling by an 17 assistance animal or service animal. 18 4. A person who knowingly denies or interferes with the 19 right of a person with a disability under this section is, upon 20 conviction, guilty of a simple misdemeanor. 21 Sec. 2. NEW SECTION . 216.8C Finding of disability and need 22 for an assistance animal or service animal in housing. 23 1. A licensee under chapter 148, 148C, 152, 154B, 154C, 24 or 154D whose assistance is requested by a patient or client 25 seeking a finding that an assistance animal or service animal 26 as defined in section 216.8B, subsection 1, is a reasonable 27 accommodation in housing shall make a written finding regarding 28 whether the patient or client has a disability and, if a 29 disability is found, a separate written finding regarding 30 whether the need for an assistance animal or service animal is 31 related to the disability. 32 2. A licensee under chapter 148, 148C, 152, 154B, 154C, or 33 154D shall not make a finding under subsection 1 unless all of 34 the following circumstances are present: 35 -1- SF 2365 (5) 87 asf/rj/ko 1/ 5

S.F. 2365 a. The licensee has met with the patient or client in person 1 or by telemedicine. 2 b. The licensee is sufficiently familiar with the patient 3 or client and the disability. 4 c. The licensee is legally and professionally qualified to 5 make the finding. 6 3. The commission, in consultation with the consumer 7 protection division of the office of the attorney general, 8 shall adopt rules regarding the making of a written finding 9 by licensees under this section. The rules shall include a 10 form for licensees to document the licensees’ written finding. 11 The form shall recite this section’s requirements and comply 12 with the federal Fair Housing Act, 42 U.S.C. §3601 et seq., 13 as amended, and section 504 of the federal Rehabilitation Act 14 of 1973, 29 U.S.C. §794, as amended. The form shall ask only 15 two questions regarding the qualifications of the patient or 16 client. The form shall ask whether a person has a disability 17 and whether the need for an assistance animal or service animal 18 is related to the disability. The form shall indicate that the 19 responses must be limited to “yes” or “no”. The form shall not 20 allow for additional detail. 21 4. A person who, in the course of employment, is asked to 22 make a finding of disability and disability-related need for 23 an assistance animal or service animal shall utilize the form 24 created by the commission to document the person’s written 25 finding. 26 5. A landlord may deny a request for an exception to a 27 pet policy if a person, who doesn’t have a readily apparent 28 disability, or a disability known to the landlord, fails 29 to provide documentation indicating that the person has a 30 disability and the person has a disability-related need for an 31 assistance animal or service animal. 32 6. This section does not limit the means by which a person 33 with a disability may demonstrate, pursuant to state or federal 34 law, that the person has a disability or that the person has 35 -2- SF 2365 (5) 87 asf/rj/ko 2/ 5

S.F. 2365 a disability-related need for an assistance animal or service 1 animal. 2 Sec. 3. Section 216C.11, Code 2018, is amended to read as 3 follows: 4 216C.11 Service dogs and assistive animals Service animals 5 and service-animals-in-training —— penalty . 6 1. For purposes of this section , unless context otherwise 7 requires: 8 a. “Disability” means the physical or mental condition of 9 a person which constitutes a substantial disability, and the 10 condition of a person with a positive human immunodeficiency 11 virus test result, a diagnosis of acquired immune deficiency 12 syndrome, a diagnosis of acquired immune deficiency 13 syndrome-related complex, or any other condition related to 14 acquired immune deficiency syndrome. The inclusion of a 15 condition related to a positive human immunodeficiency virus 16 test result in the meaning of “disability” under the provisions 17 of this section does not preclude the application of the 18 provisions of this section to conditions resulting from other 19 contagious or infectious diseases. 20 b. “service dog” means a dog specially trained to assist a 21 person with a disability, whether described as a service dog, 22 a support dog, an independence dog, or otherwise. “Assistive 23 animal” means a simian or other animal specially trained or 24 in the process of being trained to assist a person with a 25 disability. “Service animal” means a dog or miniature horse as 26 set forth in the implementing regulations of Title II and Title 27 III of the federal Americans with Disabilities Act of 1990, 42 28 U.S.C. §12101 et seq. 29 2. A person with a disability, a person assisting a 30 person with a disability by controlling a service dog or an 31 assistive animal animal or a service-animal-in-training , or 32 a person training a service dog or an assistive animal has 33 the right to be accompanied by a service dog or an assistive 34 animal, under control, in any of the places listed in sections 35 -3- SF 2365 (5) 87 asf/rj/ko 3/ 5

S.F. 2365 216C.3 and 216C.4 without being required to make additional 1 payment for the service dog or assistive animal animal or 2 service-animal-in-training . A landlord shall waive lease 3 restrictions on the keeping of animals for the service dog or 4 assistive animal of a person with a disability. The person is 5 liable for damage done to any premises or facility by a service 6 dog or assistive animal. 7 3. A person who knowingly denies or interferes with the 8 right of a person under this section is, upon conviction, 9 guilty of a simple misdemeanor. 10 4. a. A person who intentionally misrepresents an animal 11 as a service animal or a service-animal-in-training is, upon 12 conviction, guilty of a simple misdemeanor. 13 b. A person commits the offense of intentional 14 misrepresentation of an animal as a service animal or a 15 service-animal-in-training, if all of the following elements 16 are established: 17 (1) For the purpose of obtaining any of the rights or 18 privileges set forth in state or federal law, the person 19 intentionally misrepresents an animal in one’s possession 20 as one’s service animal or service-animal-in-training 21 or a person with a disability’s service animal or 22 service-animal-in-training whom the person is assisting by 23 controlling. 24 (2) The person was previously given a written or 25 verbal warning regarding the fact that it is illegal to 26 intentionally misrepresent an animal as a service animal or a 27 service-animal-in-training. 28 (3) The person knows that the animal in question is not a 29 service animal or a service-animal-in-training. 30 Sec. 4. EMERGENCY RULES. The Iowa civil rights commission 31 may adopt emergency rules under section 17A.4, subsection 3, 32 and section 17A.5, subsection 2, paragraph “b”, to implement 33 the section of this Act enacting section 216.8C and the rules 34 shall be effective immediately upon filing. Any rules adopted 35 -4- SF 2365 (5) 87 asf/rj/ko 4/ 5

S.F. 2365 in accordance with this section shall also be published as a 1 notice of intended action as provided in section 17A.4. 2 Sec. 5. APPLICABILITY. The section of this Act enacting 3 section 216.8C applies once rules are adopted. Prior to the 4 adoption of the rules and creation of a licensee’s written 5 finding form, a tenant seeking an assistance animal or a 6 service animal as a reasonable accommodation in housing 7 shall otherwise demonstrate pursuant to state or federal law 8 that the person has a disability and that the person has a 9 disability-related need for an assistance animal or service 10 animal. 11 -5- SF 2365 (5) 87 asf/rj/ko 5/ 5