House File 651 - Reprinted HOUSE FILE 651 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 152) (As Amended and Passed by the House April 11, 2023 ) A BILL FOR An Act relating to the ownership of dogs, making penalties 1 applicable, and including effective date and applicability 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 651 (3) 90 js/ns/md

H.F. 651 Section 1. Section 351.25, Code 2023, is amended by striking 1 the section and inserting in lieu thereof the following: 2 351.25 Dogs as property —— right to own dog. 3 1. A dog shall be deemed property if the dog is any of the 4 following: 5 a. Less than four months of age. 6 b. Owned by a person as evidenced by proof of 7 identification, which may include any of the following: 8 (1) A valid rabies vaccination tag attached to the dog’s 9 collar. 10 (2) A tattoo imprinted on the dog’s skin that may be 11 visually observed. 12 (3) A device implanted under the dog’s skin that stores 13 information in an electronic format. 14 (4) A receipt or contract indicating ownership. 15 (5) A record of an ongoing patient-client relationship with 16 a veterinarian. 17 (6) An otherwise documented history of ownership. 18 2. A county shall not adopt, enforce, or otherwise 19 administer an ordinance, motion, resolution, or amendment 20 that restricts or hinders a person’s right to own or keep 21 a dog based on the breed, perceived breed, or physical 22 characteristics of the dog. This subsection does not inhibit 23 the authority of a county to adopt, enforce, or administer an 24 ordinance, motion, resolution, or amendment that applies to all 25 dogs. 26 Sec. 2. Section 351.33, Code 2023, is amended to read as 27 follows: 28 351.33 Rabies vaccination. 29 Every owner of a dog shall obtain a rabies vaccination for 30 such animal. It shall be unlawful for any person to own or have 31 a dog in the person’s possession, six four months of age or 32 over, which that has not been vaccinated against rabies. Dogs 33 kept in kennels and not allowed to run at large shall not be 34 subject to these vaccination requirements. 35 -1- HF 651 (3) 90 js/ns/md 1/ 4

H.F. 651 Sec. 3. Section 351.37, subsections 1 and 2, Code 2023, are 1 amended to read as follows: 2 1. A dog shall be apprehended and impounded by a local board 3 of health or law enforcement official or designated agent if 4 the dog is running at large and the dog is not wearing a valid 5 rabies vaccination tag or a rabies vaccination certificate is 6 not presented to the local board of health or law enforcement 7 official . 8 2. The local board of health or law enforcement official 9 shall provide written notice to the owner if the local board of 10 health or law enforcement official can reasonably determine the 11 owner’s name and current address by accessing a tag or other 12 device that is on or a part of the dog. The notice shall be 13 sent within two days after the dog has been impounded. The 14 notice shall provide that if the owner does not redeem the dog 15 within seven days from the date that the notice is delivered, 16 the dog may be humanely destroyed or otherwise disposed of in 17 accordance with law. For purposes of this section , notice is 18 delivered when the local board of health or law enforcement 19 official mails the notice , which may be by regular mail. An 20 owner may redeem a dog by having it immediately vaccinated , 21 if the dog is overdue for vaccination, and paying the cost of 22 impoundment. 23 Sec. 4. Section 351.45, subsection 1, paragraph b, Code 24 2023, is amended to read as follows: 25 b. The rabies vaccination tag is attached to a collar worn 26 by a dog, including as provided in sections section 351.25 and 27 351.26 . 28 Sec. 5. Section 364.3, Code 2023, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 18. A city shall not adopt, enforce, or 31 otherwise administer an ordinance, motion, resolution, or 32 amendment that restricts or hinders a person’s right to own or 33 keep a dog based on the breed, perceived breed, or physical 34 characteristics of the dog. This subsection does not inhibit 35 -2- HF 651 (3) 90 js/ns/md 2/ 4

H.F. 651 the authority of a city to adopt, enforce, or administer an 1 ordinance, motion, resolution, or amendment that applies to all 2 dogs. 3 Sec. 6. NEW SECTION . 515.116 Homeowner’s and renter’s 4 insurance —— dangerous or high risk dogs. 5 1. This section shall be known and may be cited as the “Dog 6 Breed Insurance Underwriting Protection Act” . 7 2. As used in this section, unless the context otherwise 8 requires: 9 a. “Custody” means to possess, keep, or harbor. 10 b. “Insurer” means the same as defined in section 515.115. 11 3. If a homeowner or a renter has custody of a dog 12 classified as dangerous or high risk pursuant to an applicable 13 city ordinance, the homeowner or renter shall have a 14 homeowner’s insurance policy or renter’s insurance policy in an 15 amount that is equal to or greater than the coverage required 16 by the applicable city ordinance. 17 4. If an insurer deems a policyholder has custody of 18 a dog classified as dangerous or high risk based on sound 19 underwriting and actuarial principles reasonably related to 20 actual or anticipated loss experience, an insurer may do any 21 of the following: 22 a. Refuse to issue or renew the policyholder’s or potential 23 policyholder’s homeowner’s or renter’s insurance policy. 24 b. Charge or impose a reasonable premium or rate increase 25 for the policyholder’s homeowner’s or renter’s insurance 26 policy. 27 c. Cancel the policyholder’s homeowner’s or renter’s 28 insurance policy. 29 5. Except as otherwise provided in this section, this 30 section does not limit the rights and obligations of an insurer 31 pursuant to an insurance policy’s standards or provisions. 32 6. The commissioner may adopt rules pursuant to chapter 17A 33 to implement and administer this section. 34 Sec. 7. REPEAL. Section 351.29, Code 2023, is repealed. 35 -3- HF 651 (3) 90 js/ns/md 3/ 4

H.F. 651 Sec. 8. EFFECTIVE DATE. The section of this Act enacting 1 section 515.116 takes effect one hundred eighty days after 2 enactment. 3 Sec. 9. APPLICABILITY. The section of this Act enacting 4 section 515.116 applies to all homeowner’s and renter’s 5 insurance policies issued or renewed in the state on or after 6 the effective date of the section of this Act enacting section 7 515.116. 8 -4- HF 651 (3) 90 js/ns/md 4/ 4