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:
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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.
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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
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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.
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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.
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