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Senate File 63 - IntroducedA Bill ForAn Act 1relating to assistance animals and service animals in
2housing and misrepresentation of an animal as a service
3animal or a service-animal-in-training, providing penalties,
4and including effective date and applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.2, subsection 15, Code 2019, is
2amended to read as follows:
315. “Unfair practice” or “discriminatory practice” means
4those practices specified as unfair or discriminatory in
5sections 216.6, 216.6A, 216.7, 216.8, 216.8A, 216.8B, 216.9,
6216.10, 216.11, and 216.11A.
7 Sec. 2. NEW SECTION. 216.8B Assistance animals and service
8animals in housing — penalty.
91. For purposes of this section, unless the context
10otherwise requires:
11a. “Assistance animal” means an animal that qualifies as a
12reasonable accommodation under the federal Fair Housing Act, 42
13U.S.C.§3601 et seq., as amended, or section 504 of the federal
14Rehabilitation Act of 1973, 29 U.S.C.§794, as amended.
15b. “Service animal” means a dog or miniature horse as set
16forth in the implementing regulations of Tit.II and Tit.III
17of the federal Americans with Disabilities Act of 1990, 42
18U.S.C.§12101 et seq.
192. A landlord shall waive lease restrictions and additional
20payments normally required for pets on the keeping of animals
21for the assistance animal or service animal of a person with
22a disability.
233. A renter is liable for damage done to any dwelling by an
24assistance animal or service animal.
254. A person who knowingly denies or interferes with the
26right of a person with a disability under this section is, upon
27conviction, guilty of a simple misdemeanor.
28 Sec. 3. NEW SECTION. 216.8C Finding of disability and need
29for an assistance animal or service animal in housing.
301. A licensee under chapter 148, 148C, 152, 154B, 154C,
31or 154D whose assistance is requested by a patient or client
32seeking a finding that an assistance animal or service animal
33as defined in section 216.8B, subsection 1, is a reasonable
34accommodation in housing shall make a written finding regarding
35whether the patient or client has a disability and, if a
-1-1disability is found, a separate written finding regarding
2whether the need for an assistance animal or service animal is
3related to the disability.
42. A licensee under chapter 148, 148C, 152, 154B, 154C, or
5154D shall not make a finding under subsection 1 unless all of
6the following circumstances are present:
7a. The licensee has met with the patient or client in person
8or by telemedicine.
9b. The licensee is sufficiently familiar with the patient
10or client and the disability.
11c. The licensee is legally and professionally qualified to
12make the finding.
133. The commission, in consultation with the consumer
14protection division of the office of the attorney general,
15shall adopt rules regarding the making of a written finding
16by licensees under this section. The rules shall include a
17form for licensees to document the licensees’ written finding.
18The form shall recite this section’s requirements and comply
19with the federal Fair Housing Act, 42 U.S.C.§3601 et seq., as
20amended, and section 504 of the federal Rehabilitation Act of
211973, 29 U.S.C.§794, as amended. The form must contain only
22two questions regarding the qualifications of the patient or
23client, which shall be whether a person has a disability and
24whether the need for an assistance animal or service animal is
25related to the disability. The form must indicate that the
26responses must be limited to “yes” or “no”. The form must not
27allow for additional detail.
284. A person who, in the course of employment, is asked to
29make a finding of disability and disability-related need for
30an assistance animal or service animal shall utilize the form
31created by the commission to document the person’s written
32finding.
335. A landlord may deny a request for an exception to a
34pet policy if a person, who does not have a readily apparent
35disability, or a disability known to the landlord, fails
-2-1to provide documentation indicating that the person has a
2disability and the person has a disability-related need for an
3assistance animal or service animal.
46. This section does not limit the means by which a person
5with a disability may demonstrate, pursuant to state or federal
6law, that the person has a disability or that the person has
7a disability-related need for an assistance animal or service
8animal.
9 Sec. 4. Section 216C.11, Code 2019, is amended to read as
10follows:
11216C.11 Service dogs and assistive animals Service animals
12and service-animals-in-training — penalty.
131. For purposes of this section,“service dog” means a dog
14specially trained to assist a person with a disability, whether
15described as a service dog, a support dog, an independence
16dog, or otherwise. “Assistive animal” means a simian or other
17animal specially trained or in the process of being trained to
18assist a person with a disability. unless the context otherwise
19requires:
20a. “Disability” means the physical or mental condition of
21a person which constitutes a substantial disability, and the
22condition of a person with a positive human immunodeficiency
23virus test result, a diagnosis of acquired immune deficiency
24syndrome, a diagnosis of acquired immune deficiency
25syndrome-related complex, or any other condition related to
26acquired immune deficiency syndrome. The inclusion of a
27condition related to a positive human immunodeficiency virus
28test result in the meaning of “disability” under the provisions
29of this section does not preclude the application of the
30provisions of this section to conditions resulting from other
31contagious or infectious diseases.
32b. “Service animal” means a dog or miniature horse as set
33forth in the implementing regulations of Tit.II and Tit.III
34of the federal Americans with Disabilities Act of 1990, 42
35U.S.C.§12101 et seq.
-3- 1c. “Service-animal-in-training” means a dog or miniature
2horse that is undergoing a course of development and training
3to do work or perform tasks for the benefit of an individual
4that directly relate to the disability of the individual.
52. A person with a disability, a person assisting a
6person with a disability by controlling a service dog or an
7assistive animal or a service-animal-in-training, or a person
8training a service dog or an assistive animal has the right
9to be accompanied by a service dog or an assistive animal or
10service-animal-in-training, under control, in any of the places
11listed in sections 216C.3 and 216C.4 without being required to
12make additional payment for the service dog or assistive animal
13or service-animal-in-training. A landlord shall waive lease
14restrictions on the keeping of animals for the service dog or
15assistive animal of a person with a disability. The person is
16liable for damage done to any premises or facility by a service
17dog or assistive animal or a service-animal-in-training.
183. A person who knowingly denies or interferes with the
19right of a person under this section is, upon conviction,
20guilty of a simple misdemeanor.
214. a. A person who intentionally misrepresents an animal
22as a service animal or a service-animal-in-training is, upon
23conviction, guilty of a simple misdemeanor.
24b. A person commits the offense of intentional
25misrepresentation of an animal as a service animal or a
26service-animal-in-training if all of the following elements are
27established:
28(1) For the purpose of obtaining any of the rights or
29privileges set forth in state or federal law, the person
30intentionally misrepresents an animal in one’s possession
31as one’s service animal or service-animal-in-training
32or a person with a disability’s service animal or
33service-animal-in-training whom the person is assisting by
34controlling.
35(2) The person was previously given a written or
-4-1verbal warning regarding the fact that it is illegal to
2intentionally misrepresent an animal as a service animal or a
3service-animal-in-training.
4(3) The person knows that the animal in question is not a
5service animal or a service-animal-in-training.
6 Sec. 5. EMERGENCY RULES. The Iowa civil rights commission
7may adopt emergency rules under section 17A.4, subsection 3,
8and section 17A.5, subsection 2, paragraph “b”, to implement
9the section of this Act enacting section 216.8C and the rules
10shall be effective immediately upon filing. Any rules adopted
11in accordance with this section shall also be published as a
12notice of intended action as provided in section 17A.4.
13 Sec. 6. EFFECTIVE DATE. The following, being deemed of
14immediate importance, takes effect upon enactment:
15The section of this Act enacting section 216.8C.
16 Sec. 7. APPLICABILITY. The section of this Act enacting
17section 216.8C applies once rules are adopted. Prior to the
18adoption of the rules and creation of a licensee’s written
19finding form, a renter seeking an assistance animal or a
20service animal as a reasonable accommodation in housing
21shall otherwise demonstrate pursuant to state or federal law
22that the person has a disability and that the person has a
23disability-related need for an assistance animal or service
24animal.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to assistance animals and service animals
29in housing and misrepresentation of an animal as a service
30animal or a service-animal-in-training, provides penalties, and
31includes effective date and applicability provisions.
32The bill creates new Code section 216.8B, titled “assistance
33animals and service animals in housing — penalty”. The new
34Code section provides definitions for assistance animal and
35service animal by referencing federal law and provides that
-5-1a landlord shall waive lease restrictions on the keeping of
2animals for the assistance animal or service animal of a
3person with a disability. It also provides that a renter
4is liable for damage done to any dwelling by an assistance
5animal or service animal. Finally, the new Code section
6provides that a person commits a simple misdemeanor if a person
7knowingly denies or interferes with the right of a person with
8a disability under the Code section. A simple misdemeanor is
9punishable by confinement of no more than 30 days or a fine
10of at least $65 but no more than $625 or by both. The bill
11provides that if a person violates Code section 216.8B, it
12shall constitute an unfair practice or discriminatory practice
13as defined in Code section 216.2.
14This bill creates new Code section 216.8C, titled “finding
15of disability and need for an assistance animal or service
16animal in housing”. The bill provides a process for a
17patient or client to request the assistance of a professional
18licensed under certain chapters of the Code in finding
19that the individual is a person with a disability who needs
20an assistance animal or service animal as a reasonable
21accommodation in housing. The bill provides that the licensee
22shall not make a finding unless the licensee has met with the
23patient or client in person or by telemedicine; the licensee
24is sufficiently familiar with the patient or client and the
25disability; and the licensee is legally and professionally
26qualified to make the finding. The bill provides the licensee
27shall make a written finding regarding whether the patient
28or client has a disability, and if a disability is found,
29a separate written finding regarding whether the need for
30an assistance animal or service animal is related to the
31disability.
32The bill requires the Iowa civil rights commission, in
33consultation with the consumer protection division of the
34office of the attorney general, to adopt rules regarding
35the making of a written finding by licensees. The rules
-6-1must include a form for licensees to document the licensee’s
2written finding, recite the requirements of new Code section
3216.8C, and comply with the federal Fair Housing Act and the
4federal Rehabilitation Act of 1973. The bill provides that
5the commission may adopt emergency rules. New Code section
6216.8C applies once rules are adopted. The bill provides that
7prior to the adoption of the rules and creation of a licensee’s
8written findings form, a renter seeking an assistance animal or
9service animal as a reasonable accommodation shall otherwise
10demonstrate pursuant to state or federal law that the person
11has a disability and that the person has a disability-related
12need for an assistance animal or service animal.
13Within new Code section 216.8C, the bill also provides that
14a landlord may deny a request for an exception to a pet policy
15if a person, who does not have a readily apparent disability,
16or a disability known to the landlord, fails to provide
17documentation indicating that the person has a disability or
18a disability-related need for an assistance animal or service
19animal.
20The bill amends Code section 216C.11. It changes the
21title of the Code section from “service dogs and assistive
22animals” to “service animals and service-animals-in-training
23— penalty”. The bill adds a definition of disability to Code
24section 216C.11 that is the same as the definition in Code
25section 216.2(5). The bill adds a definition of service animal
26to Code section 216C.11 by referencing federal law. The bill
27also adds a definition of service-animal-in-training.
28The bill moves a housing provision relating to landlords and
29tenants from Code section 216C.11 to new Code section 216.8B.
30The bill changes the right in Code section 216C.11 to take
31animals to places listed in Code sections 216C.3 and 216C.4 to
32include service animals and service-animals-in-training and
33removes the right to take service dogs and assistive animals.
34In Code section 216C.11, the bill criminalizes the
35intentional misrepresentation of an animal as a service animal
-7-1or a service-animal-in-training. A person commits this public
2offense if all of the following elements are established:
3for the purpose of obtaining any of the rights or privileges
4set forth in state or federal law, the person intentionally
5misrepresents an animal in one’s possession as one’s service
6animal or service-animal-in-training or a person with a
7disability’s service animal or service-animal-in-training
8whom the person is assisting by controlling; the person was
9previously given a written or verbal warning regarding the fact
10it is illegal to intentionally misrepresent an animal as a
11service animal or a service-animal-in-training; and the person
12knows that the animal in question is not a service animal or a
13service-animal-in-training. The new public offense is a simple
14misdemeanor. A simple misdemeanor is punishable by confinement
15for no more than 30 days or a fine of at least $65 but no more
16than $625 or by both.
-8-asf/jh
2housing and misrepresentation of an animal as a service
3animal or a service-animal-in-training, providing penalties,
4and including effective date and applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216.2, subsection 15, Code 2019, is
2amended to read as follows:
315. “Unfair practice” or “discriminatory practice” means
4those practices specified as unfair or discriminatory in
5sections 216.6, 216.6A, 216.7, 216.8, 216.8A, 216.8B, 216.9,
6216.10, 216.11, and 216.11A.
7 Sec. 2. NEW SECTION. 216.8B Assistance animals and service
8animals in housing — penalty.
91. For purposes of this section, unless the context
10otherwise requires:
11a. “Assistance animal” means an animal that qualifies as a
12reasonable accommodation under the federal Fair Housing Act, 42
13U.S.C.§3601 et seq., as amended, or section 504 of the federal
14Rehabilitation Act of 1973, 29 U.S.C.§794, as amended.
15b. “Service animal” means a dog or miniature horse as set
16forth in the implementing regulations of Tit.II and Tit.III
17of the federal Americans with Disabilities Act of 1990, 42
18U.S.C.§12101 et seq.
192. A landlord shall waive lease restrictions and additional
20payments normally required for pets on the keeping of animals
21for the assistance animal or service animal of a person with
22a disability.
233. A renter is liable for damage done to any dwelling by an
24assistance animal or service animal.
254. A person who knowingly denies or interferes with the
26right of a person with a disability under this section is, upon
27conviction, guilty of a simple misdemeanor.
28 Sec. 3. NEW SECTION. 216.8C Finding of disability and need
29for an assistance animal or service animal in housing.
301. A licensee under chapter 148, 148C, 152, 154B, 154C,
31or 154D whose assistance is requested by a patient or client
32seeking a finding that an assistance animal or service animal
33as defined in section 216.8B, subsection 1, is a reasonable
34accommodation in housing shall make a written finding regarding
35whether the patient or client has a disability and, if a
-1-1disability is found, a separate written finding regarding
2whether the need for an assistance animal or service animal is
3related to the disability.
42. A licensee under chapter 148, 148C, 152, 154B, 154C, or
5154D shall not make a finding under subsection 1 unless all of
6the following circumstances are present:
7a. The licensee has met with the patient or client in person
8or by telemedicine.
9b. The licensee is sufficiently familiar with the patient
10or client and the disability.
11c. The licensee is legally and professionally qualified to
12make the finding.
133. The commission, in consultation with the consumer
14protection division of the office of the attorney general,
15shall adopt rules regarding the making of a written finding
16by licensees under this section. The rules shall include a
17form for licensees to document the licensees’ written finding.
18The form shall recite this section’s requirements and comply
19with the federal Fair Housing Act, 42 U.S.C.§3601 et seq., as
20amended, and section 504 of the federal Rehabilitation Act of
211973, 29 U.S.C.§794, as amended. The form must contain only
22two questions regarding the qualifications of the patient or
23client, which shall be whether a person has a disability and
24whether the need for an assistance animal or service animal is
25related to the disability. The form must indicate that the
26responses must be limited to “yes” or “no”. The form must not
27allow for additional detail.
284. A person who, in the course of employment, is asked to
29make a finding of disability and disability-related need for
30an assistance animal or service animal shall utilize the form
31created by the commission to document the person’s written
32finding.
335. A landlord may deny a request for an exception to a
34pet policy if a person, who does not have a readily apparent
35disability, or a disability known to the landlord, fails
-2-1to provide documentation indicating that the person has a
2disability and the person has a disability-related need for an
3assistance animal or service animal.
46. This section does not limit the means by which a person
5with a disability may demonstrate, pursuant to state or federal
6law, that the person has a disability or that the person has
7a disability-related need for an assistance animal or service
8animal.
9 Sec. 4. Section 216C.11, Code 2019, is amended to read as
10follows:
11216C.11 Service dogs and assistive animals Service animals
12and service-animals-in-training — penalty.
131. For purposes of this section,“service dog” means a dog
14specially trained to assist a person with a disability, whether
15described as a service dog, a support dog, an independence
16dog, or otherwise. “Assistive animal” means a simian or other
17animal specially trained or in the process of being trained to
18assist a person with a disability. unless the context otherwise
19requires:
20a. “Disability” means the physical or mental condition of
21a person which constitutes a substantial disability, and the
22condition of a person with a positive human immunodeficiency
23virus test result, a diagnosis of acquired immune deficiency
24syndrome, a diagnosis of acquired immune deficiency
25syndrome-related complex, or any other condition related to
26acquired immune deficiency syndrome. The inclusion of a
27condition related to a positive human immunodeficiency virus
28test result in the meaning of “disability” under the provisions
29of this section does not preclude the application of the
30provisions of this section to conditions resulting from other
31contagious or infectious diseases.
32b. “Service animal” means a dog or miniature horse as set
33forth in the implementing regulations of Tit.II and Tit.III
34of the federal Americans with Disabilities Act of 1990, 42
35U.S.C.§12101 et seq.
-3- 1c. “Service-animal-in-training” means a dog or miniature
2horse that is undergoing a course of development and training
3to do work or perform tasks for the benefit of an individual
4that directly relate to the disability of the individual.
52. A person with a disability, a person assisting a
6person with a disability by controlling a service dog or an
7assistive animal or a service-animal-in-training, or a person
8training a service dog or an assistive animal has the right
9to be accompanied by a service dog or an assistive animal or
10service-animal-in-training, under control, in any of the places
11listed in sections 216C.3 and 216C.4 without being required to
12make additional payment for the service dog or assistive animal
13or service-animal-in-training. A landlord shall waive lease
14restrictions on the keeping of animals for the service dog or
15assistive animal of a person with a disability. The person is
16liable for damage done to any premises or facility by a service
17dog or assistive animal or a service-animal-in-training.
183. A person who knowingly denies or interferes with the
19right of a person under this section is, upon conviction,
20guilty of a simple misdemeanor.
214. a. A person who intentionally misrepresents an animal
22as a service animal or a service-animal-in-training is, upon
23conviction, guilty of a simple misdemeanor.
24b. A person commits the offense of intentional
25misrepresentation of an animal as a service animal or a
26service-animal-in-training if all of the following elements are
27established:
28(1) For the purpose of obtaining any of the rights or
29privileges set forth in state or federal law, the person
30intentionally misrepresents an animal in one’s possession
31as one’s service animal or service-animal-in-training
32or a person with a disability’s service animal or
33service-animal-in-training whom the person is assisting by
34controlling.
35(2) The person was previously given a written or
-4-1verbal warning regarding the fact that it is illegal to
2intentionally misrepresent an animal as a service animal or a
3service-animal-in-training.
4(3) The person knows that the animal in question is not a
5service animal or a service-animal-in-training.
6 Sec. 5. EMERGENCY RULES. The Iowa civil rights commission
7may adopt emergency rules under section 17A.4, subsection 3,
8and section 17A.5, subsection 2, paragraph “b”, to implement
9the section of this Act enacting section 216.8C and the rules
10shall be effective immediately upon filing. Any rules adopted
11in accordance with this section shall also be published as a
12notice of intended action as provided in section 17A.4.
13 Sec. 6. EFFECTIVE DATE. The following, being deemed of
14immediate importance, takes effect upon enactment:
15The section of this Act enacting section 216.8C.
16 Sec. 7. APPLICABILITY. The section of this Act enacting
17section 216.8C applies once rules are adopted. Prior to the
18adoption of the rules and creation of a licensee’s written
19finding form, a renter seeking an assistance animal or a
20service animal as a reasonable accommodation in housing
21shall otherwise demonstrate pursuant to state or federal law
22that the person has a disability and that the person has a
23disability-related need for an assistance animal or service
24animal.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to assistance animals and service animals
29in housing and misrepresentation of an animal as a service
30animal or a service-animal-in-training, provides penalties, and
31includes effective date and applicability provisions.
32The bill creates new Code section 216.8B, titled “assistance
33animals and service animals in housing — penalty”. The new
34Code section provides definitions for assistance animal and
35service animal by referencing federal law and provides that
-5-1a landlord shall waive lease restrictions on the keeping of
2animals for the assistance animal or service animal of a
3person with a disability. It also provides that a renter
4is liable for damage done to any dwelling by an assistance
5animal or service animal. Finally, the new Code section
6provides that a person commits a simple misdemeanor if a person
7knowingly denies or interferes with the right of a person with
8a disability under the Code section. A simple misdemeanor is
9punishable by confinement of no more than 30 days or a fine
10of at least $65 but no more than $625 or by both. The bill
11provides that if a person violates Code section 216.8B, it
12shall constitute an unfair practice or discriminatory practice
13as defined in Code section 216.2.
14This bill creates new Code section 216.8C, titled “finding
15of disability and need for an assistance animal or service
16animal in housing”. The bill provides a process for a
17patient or client to request the assistance of a professional
18licensed under certain chapters of the Code in finding
19that the individual is a person with a disability who needs
20an assistance animal or service animal as a reasonable
21accommodation in housing. The bill provides that the licensee
22shall not make a finding unless the licensee has met with the
23patient or client in person or by telemedicine; the licensee
24is sufficiently familiar with the patient or client and the
25disability; and the licensee is legally and professionally
26qualified to make the finding. The bill provides the licensee
27shall make a written finding regarding whether the patient
28or client has a disability, and if a disability is found,
29a separate written finding regarding whether the need for
30an assistance animal or service animal is related to the
31disability.
32The bill requires the Iowa civil rights commission, in
33consultation with the consumer protection division of the
34office of the attorney general, to adopt rules regarding
35the making of a written finding by licensees. The rules
-6-1must include a form for licensees to document the licensee’s
2written finding, recite the requirements of new Code section
3216.8C, and comply with the federal Fair Housing Act and the
4federal Rehabilitation Act of 1973. The bill provides that
5the commission may adopt emergency rules. New Code section
6216.8C applies once rules are adopted. The bill provides that
7prior to the adoption of the rules and creation of a licensee’s
8written findings form, a renter seeking an assistance animal or
9service animal as a reasonable accommodation shall otherwise
10demonstrate pursuant to state or federal law that the person
11has a disability and that the person has a disability-related
12need for an assistance animal or service animal.
13Within new Code section 216.8C, the bill also provides that
14a landlord may deny a request for an exception to a pet policy
15if a person, who does not have a readily apparent disability,
16or a disability known to the landlord, fails to provide
17documentation indicating that the person has a disability or
18a disability-related need for an assistance animal or service
19animal.
20The bill amends Code section 216C.11. It changes the
21title of the Code section from “service dogs and assistive
22animals” to “service animals and service-animals-in-training
23— penalty”. The bill adds a definition of disability to Code
24section 216C.11 that is the same as the definition in Code
25section 216.2(5). The bill adds a definition of service animal
26to Code section 216C.11 by referencing federal law. The bill
27also adds a definition of service-animal-in-training.
28The bill moves a housing provision relating to landlords and
29tenants from Code section 216C.11 to new Code section 216.8B.
30The bill changes the right in Code section 216C.11 to take
31animals to places listed in Code sections 216C.3 and 216C.4 to
32include service animals and service-animals-in-training and
33removes the right to take service dogs and assistive animals.
34In Code section 216C.11, the bill criminalizes the
35intentional misrepresentation of an animal as a service animal
-7-1or a service-animal-in-training. A person commits this public
2offense if all of the following elements are established:
3for the purpose of obtaining any of the rights or privileges
4set forth in state or federal law, the person intentionally
5misrepresents an animal in one’s possession as one’s service
6animal or service-animal-in-training or a person with a
7disability’s service animal or service-animal-in-training
8whom the person is assisting by controlling; the person was
9previously given a written or verbal warning regarding the fact
10it is illegal to intentionally misrepresent an animal as a
11service animal or a service-animal-in-training; and the person
12knows that the animal in question is not a service animal or a
13service-animal-in-training. The new public offense is a simple
14misdemeanor. A simple misdemeanor is punishable by confinement
15for no more than 30 days or a fine of at least $65 but no more
16than $625 or by both.
-8-asf/jh