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Senate File 341 - IntroducedA Bill ForAn Act 1relating to assistance animals and service animals in
2housing, service animals and service-animals-in-training in
3public accommodations, and misrepresentation of an animal as
4a service animal or a service-animal-in-training, providing
5penalties, and including effective date and applicability
6provisions.
7BE 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. NEW SECTION. 216C.1A Definitions.
10For purposes of this chapter, unless the context otherwise
11requires:
121. “Disability” means the physical or mental condition of
13a person which constitutes a substantial disability, and the
14condition of a person with a positive human immunodeficiency
15virus test result, a diagnosis of acquired immune deficiency
16syndrome, a diagnosis of acquired immune deficiency
17syndrome-related complex, or any other condition related to
18acquired immune deficiency syndrome. The inclusion of a
19condition related to a positive human immunodeficiency virus
20test result in the meaning of “disability” under the provisions
21of this chapter does not preclude the application of the
22provisions of this chapter to conditions resulting from other
23contagious or infectious diseases.
242. “Service animal” means a dog or miniature horse as set
25forth in the implementing regulations of Tit.II and Tit.III
26of the federal Americans with Disabilities Act of 1990, 42
27U.S.C. §12101 et seq.
283. “Service-animal-in-training” means a dog or miniature
29horse that is undergoing a course of development and training
30to do work or perform tasks for the benefit of an individual
31that directly relate to the disability of the individual.
32 Sec. 5. Section 216C.11, Code 2019, is amended to read as
33follows:
34216C.11 Service dogs and assistive animals Service animals
35and service-animals-in-training — penalty.
-3- 11. For purposes of this section, “service dog” means a dog
2specially trained to assist a person with a disability, whether
3described as a service dog, a support dog, an independence dog,
4or otherwise. “Assistive animal” means a simian or other animal
5specially trained or in the process of being trained to assist
6a person with a disability.
72. 1. A person with a disability, a person assisting a
8person with a disability by controlling a service dog or an
9assistive animal or a service-animal-in-training, or a person
10training a service dog or an assistive animal has the right
11to be accompanied by a service dog or an assistive animal or
12service-animal-in-training, under control, in any of the places
13listed in sections 216C.3 and 216C.4 without being required to
14make additional payment for the service dog or assistive animal
15or service-animal-in-training. A landlord shall waive lease
16restrictions on the keeping of animals for the service dog or
17assistive animal of a person with a disability. The person is
18liable for damage done to any premises or facility by a service
19dog or assistive animal or a service-animal-in-training.
203. 2. A person who knowingly denies or interferes with
21the right of a person under this section is, upon conviction,
22guilty of a simple misdemeanor.
233. a. A person who intentionally misrepresents an animal
24as a service animal or a service-animal-in-training is, upon
25conviction, guilty of a simple misdemeanor.
26b. A person commits the offense of intentional
27misrepresentation of an animal as a service animal or a
28service-animal-in-training if all of the following elements are
29established:
30(1) For the purpose of obtaining any of the rights or
31privileges set forth in state or federal law, the person
32intentionally misrepresents an animal in one’s possession
33as one’s service animal or service-animal-in-training
34or a person with a disability’s service animal or
35service-animal-in-training whom the person is assisting by
-4-1controlling.
2(2) The person was previously given a written or
3verbal warning regarding the fact that it is illegal to
4intentionally misrepresent an animal as a service animal or a
5service-animal-in-training.
6(3) The person knows that the animal in question is not a
7service animal or a service-animal-in-training.
8 Sec. 6. NEW SECTION. 216C.12 Immunity from liability
9for injury or damage caused by service animals and
10service-animals-in-training.
111. For purposes of this section, unless the context
12otherwise requires:
13a. “Owner” means the owner of real property, a contract
14for deed vendee, receiver, personal representative, trustee,
15lessor, lessee, agent, or other person directly or indirectly
16in control of the real property.
17b. “Real property” includes any physical location or portion
18of real property that federal or state law or local ordinance
19requires to be accessible to a person with a disability who
20is using a service animal or a service-animal-in-training, a
21person assisting a person with a disability by controlling a
22service animal or a service-animal-in-training, or a person
23training a service animal.
242. An owner is not liable for any injury or damage caused by
25a service animal or service-animal-in-training if all of the
26following criteria are met:
27a. The owner believes in good faith that the animal is a
28service animal or a service-animal-in-training and the person
29using the animal is a person with a disability, a person
30assisting a person with a disability by controlling a service
31animal or a service-animal-in-training, or a person training
32a service-animal-in-training.
33b. The injury or damage is not caused by the owner’s
34negligence, recklessness, or willful misconduct.
35 Sec. 7. Section 717F.1, subsection 2, Code 2019, is amended
-5-1to read as follows:
22. “Assistive animal” means the same as defined in section
3216C.11 a simian or other animal specially trained or in the
4process of being trained to assist a person with a disability.
5 Sec. 8. EMERGENCY RULES. The Iowa civil rights commission
6may adopt emergency rules under section 17A.4, subsection 3,
7and section 17A.5, subsection 2, paragraph “b”, to implement
8the section of this Act enacting section 216.8C and the rules
9shall be effective immediately upon filing. Any rules adopted
10in accordance with this section shall also be published as a
11notice of intended action as provided in section 17A.4.
12 Sec. 9. EFFECTIVE DATE. The following, being deemed of
13immediate importance, takes effect upon enactment:
14The section of this Act enacting section 216.8C.
15 Sec. 10. APPLICABILITY. The section of this Act enacting
16section 216.8C applies once rules are adopted. Prior to the
17adoption of the rules and creation of a licensee’s written
18finding form, a renter seeking an assistance animal or a
19service animal as a reasonable accommodation in housing
20shall otherwise demonstrate pursuant to state or federal law
21that the person has a disability and that the person has a
22disability-related need for an assistance animal or service
23animal.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to assistance animals and service animals
28in housing and misrepresentation of an animal as a service
29animal or a service-animal-in-training, provides penalties, and
30includes effective date and applicability provisions.
31The bill creates new Code section 216.8B, titled “Assistance
32animals and service animals in housing — penalty”. The new
33Code section provides definitions for assistance animal and
34service animal by referencing federal law and provides that
35a landlord shall waive lease restrictions on the keeping of
-6-1animals for the assistance animal or service animal of a
2person with a disability. It also provides that a renter
3is liable for damage done to any dwelling by an assistance
4animal or service animal. Finally, the new Code section
5provides that a person commits a simple misdemeanor if a person
6knowingly denies or interferes with the right of a person with
7a disability under the Code section. A simple misdemeanor is
8punishable by confinement of no more than 30 days or a fine
9of at least $65 but no more than $625 or by both. The bill
10provides that if a person violates Code section 216.8B, it
11shall constitute an unfair practice or discriminatory practice
12as defined in Code section 216.2.
13The bill creates new Code section 216.8C, titled “Finding
14of disability and need for an assistance animal or service
15animal in housing”. The bill provides a process for a
16patient or client to request the assistance of a professional
17licensed under certain chapters of the Code in finding
18that the individual is a person with a disability who needs
19an assistance animal or service animal as a reasonable
20accommodation in housing. The bill provides that the licensee
21shall not make a finding unless the licensee has met with the
22patient or client in person or by telemedicine; the licensee
23is sufficiently familiar with the patient or client and the
24disability; and the licensee is legally and professionally
25qualified to make the finding. The bill provides the licensee
26shall make a written finding regarding whether the patient
27or client has a disability, and if a disability is found,
28a separate written finding regarding whether the need for
29an assistance animal or service animal is related to the
30disability.
31The bill requires the Iowa civil rights commission, in
32consultation with the consumer protection division of the
33office of the attorney general, to adopt rules regarding
34the making of a written finding by licensees. The rules
35must include a form for licensees to document the licensee’s
-7-1written finding, recite the requirements of new Code section
2216.8C, and comply with the federal Fair Housing Act and the
3federal Rehabilitation Act of 1973. The bill provides that
4the commission may adopt emergency rules. New Code section
5216.8C applies once rules are adopted. The bill provides that
6prior to the adoption of the rules and creation of a licensee’s
7written findings form, a renter seeking an assistance animal or
8service animal as a reasonable accommodation shall otherwise
9demonstrate pursuant to state or federal law that the person
10has a disability and that the person has a disability-related
11need for an assistance animal or service animal.
12Within new Code section 216.8C, the bill also provides that
13a landlord may deny a request for an exception to a pet policy
14if a person, who does not have a readily apparent disability,
15or a disability known to the landlord, fails to provide
16documentation indicating that the person has a disability or
17a disability-related need for an assistance animal or service
18animal.
19The bill amends Code chapter 216C. The bill adds a
20Code chapter definition of disability that is similar to
21the definition in Code section 216.2(5). The bill adds a
22Code chapter definition of service animal by referencing
23federal law. The bill adds a Code chapter definition of
24service-animal-in-training.
25The bill amends Code section 216C.11. It changes the
26title of the Code section from “Service dogs and assistive
27animals” to “Service animals and service-animals-in-training
28— penalty”.
29The bill moves a housing provision relating to landlords and
30tenants from Code section 216C.11 to new Code section 216.8B.
31The bill changes the right in Code section 216C.11 to take
32animals to places listed in Code sections 216C.3 and 216C.4 to
33include service animals and service-animals-in-training and
34removes the right to take service dogs and assistive animals.
35In Code section 216C.11, the bill criminalizes the
-8-1intentional misrepresentation of an animal as a service animal
2or a service-animal-in-training. A person commits this public
3offense if all of the following elements are established:
4for the purpose of obtaining any of the rights or privileges
5set forth in state or federal law, the person intentionally
6misrepresents an animal in one’s possession as one’s service
7animal or service-animal-in-training or a person with a
8disability’s service animal or service-animal-in-training
9whom the person is assisting by controlling; the person was
10previously given a written or verbal warning regarding the fact
11it is illegal to intentionally misrepresent an animal as a
12service animal or a service-animal-in-training; and the person
13knows that the animal in question is not a service animal or a
14service-animal-in-training. The new public offense is a simple
15misdemeanor. A simple misdemeanor is punishable by confinement
16for no more than 30 days or a fine of at least $65 but no more
17than $625 or by both.
18The bill creates new Code section 216C.12, which is titled
19“Immunity from liability for injury or damage caused by service
20animals and service-animals-in-training”. The bill provides
21Code section definitions for “owner” and “real property”. The
22bill provides that an owner is not liable for any injury or
23damage caused by a service animal or service-animal-in-training
24if the owner believes in good faith that the animal is a
25service animal or a service-animal-in-training and the person
26using the animal is a person with a disability, a person
27assisting a person with a disability by controlling a service
28animal or a service-animal-in-training, or a person training
29a service-animal-in-training and the injury or damage is not
30caused by the owner’s negligence, recklessness, or willful
31misconduct.
-9-asf/jh
2housing, service animals and service-animals-in-training in
3public accommodations, and misrepresentation of an animal as
4a service animal or a service-animal-in-training, providing
5penalties, and including effective date and applicability
6provisions.
7BE 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. NEW SECTION. 216C.1A Definitions.
10For purposes of this chapter, unless the context otherwise
11requires:
121. “Disability” means the physical or mental condition of
13a person which constitutes a substantial disability, and the
14condition of a person with a positive human immunodeficiency
15virus test result, a diagnosis of acquired immune deficiency
16syndrome, a diagnosis of acquired immune deficiency
17syndrome-related complex, or any other condition related to
18acquired immune deficiency syndrome. The inclusion of a
19condition related to a positive human immunodeficiency virus
20test result in the meaning of “disability” under the provisions
21of this chapter does not preclude the application of the
22provisions of this chapter to conditions resulting from other
23contagious or infectious diseases.
242. “Service animal” means a dog or miniature horse as set
25forth in the implementing regulations of Tit.II and Tit.III
26of the federal Americans with Disabilities Act of 1990, 42
27U.S.C. §12101 et seq.
283. “Service-animal-in-training” means a dog or miniature
29horse that is undergoing a course of development and training
30to do work or perform tasks for the benefit of an individual
31that directly relate to the disability of the individual.
32 Sec. 5. Section 216C.11, Code 2019, is amended to read as
33follows:
34216C.11 Service dogs and assistive animals Service animals
35and service-animals-in-training — penalty.
-3- 11. For purposes of this section, “service dog” means a dog
2specially trained to assist a person with a disability, whether
3described as a service dog, a support dog, an independence dog,
4or otherwise. “Assistive animal” means a simian or other animal
5specially trained or in the process of being trained to assist
6a person with a disability.
72. 1. A person with a disability, a person assisting a
8person with a disability by controlling a service dog or an
9assistive animal or a service-animal-in-training, or a person
10training a service dog or an assistive animal has the right
11to be accompanied by a service dog or an assistive animal or
12service-animal-in-training, under control, in any of the places
13listed in sections 216C.3 and 216C.4 without being required to
14make additional payment for the service dog or assistive animal
15or service-animal-in-training. A landlord shall waive lease
16restrictions on the keeping of animals for the service dog or
17assistive animal of a person with a disability. The person is
18liable for damage done to any premises or facility by a service
19dog or assistive animal or a service-animal-in-training.
203. 2. A person who knowingly denies or interferes with
21the right of a person under this section is, upon conviction,
22guilty of a simple misdemeanor.
233. a. A person who intentionally misrepresents an animal
24as a service animal or a service-animal-in-training is, upon
25conviction, guilty of a simple misdemeanor.
26b. A person commits the offense of intentional
27misrepresentation of an animal as a service animal or a
28service-animal-in-training if all of the following elements are
29established:
30(1) For the purpose of obtaining any of the rights or
31privileges set forth in state or federal law, the person
32intentionally misrepresents an animal in one’s possession
33as one’s service animal or service-animal-in-training
34or a person with a disability’s service animal or
35service-animal-in-training whom the person is assisting by
-4-1controlling.
2(2) The person was previously given a written or
3verbal warning regarding the fact that it is illegal to
4intentionally misrepresent an animal as a service animal or a
5service-animal-in-training.
6(3) The person knows that the animal in question is not a
7service animal or a service-animal-in-training.
8 Sec. 6. NEW SECTION. 216C.12 Immunity from liability
9for injury or damage caused by service animals and
10service-animals-in-training.
111. For purposes of this section, unless the context
12otherwise requires:
13a. “Owner” means the owner of real property, a contract
14for deed vendee, receiver, personal representative, trustee,
15lessor, lessee, agent, or other person directly or indirectly
16in control of the real property.
17b. “Real property” includes any physical location or portion
18of real property that federal or state law or local ordinance
19requires to be accessible to a person with a disability who
20is using a service animal or a service-animal-in-training, a
21person assisting a person with a disability by controlling a
22service animal or a service-animal-in-training, or a person
23training a service animal.
242. An owner is not liable for any injury or damage caused by
25a service animal or service-animal-in-training if all of the
26following criteria are met:
27a. The owner believes in good faith that the animal is a
28service animal or a service-animal-in-training and the person
29using the animal is a person with a disability, a person
30assisting a person with a disability by controlling a service
31animal or a service-animal-in-training, or a person training
32a service-animal-in-training.
33b. The injury or damage is not caused by the owner’s
34negligence, recklessness, or willful misconduct.
35 Sec. 7. Section 717F.1, subsection 2, Code 2019, is amended
-5-1to read as follows:
22. “Assistive animal” means the same as defined in section
3216C.11 a simian or other animal specially trained or in the
4process of being trained to assist a person with a disability.
5 Sec. 8. EMERGENCY RULES. The Iowa civil rights commission
6may adopt emergency rules under section 17A.4, subsection 3,
7and section 17A.5, subsection 2, paragraph “b”, to implement
8the section of this Act enacting section 216.8C and the rules
9shall be effective immediately upon filing. Any rules adopted
10in accordance with this section shall also be published as a
11notice of intended action as provided in section 17A.4.
12 Sec. 9. EFFECTIVE DATE. The following, being deemed of
13immediate importance, takes effect upon enactment:
14The section of this Act enacting section 216.8C.
15 Sec. 10. APPLICABILITY. The section of this Act enacting
16section 216.8C applies once rules are adopted. Prior to the
17adoption of the rules and creation of a licensee’s written
18finding form, a renter seeking an assistance animal or a
19service animal as a reasonable accommodation in housing
20shall otherwise demonstrate pursuant to state or federal law
21that the person has a disability and that the person has a
22disability-related need for an assistance animal or service
23animal.
24EXPLANATION
25The inclusion of this explanation does not constitute agreement with
26the explanation’s substance by the members of the general assembly.
27This bill relates to assistance animals and service animals
28in housing and misrepresentation of an animal as a service
29animal or a service-animal-in-training, provides penalties, and
30includes effective date and applicability provisions.
31The bill creates new Code section 216.8B, titled “Assistance
32animals and service animals in housing — penalty”. The new
33Code section provides definitions for assistance animal and
34service animal by referencing federal law and provides that
35a landlord shall waive lease restrictions on the keeping of
-6-1animals for the assistance animal or service animal of a
2person with a disability. It also provides that a renter
3is liable for damage done to any dwelling by an assistance
4animal or service animal. Finally, the new Code section
5provides that a person commits a simple misdemeanor if a person
6knowingly denies or interferes with the right of a person with
7a disability under the Code section. A simple misdemeanor is
8punishable by confinement of no more than 30 days or a fine
9of at least $65 but no more than $625 or by both. The bill
10provides that if a person violates Code section 216.8B, it
11shall constitute an unfair practice or discriminatory practice
12as defined in Code section 216.2.
13The bill creates new Code section 216.8C, titled “Finding
14of disability and need for an assistance animal or service
15animal in housing”. The bill provides a process for a
16patient or client to request the assistance of a professional
17licensed under certain chapters of the Code in finding
18that the individual is a person with a disability who needs
19an assistance animal or service animal as a reasonable
20accommodation in housing. The bill provides that the licensee
21shall not make a finding unless the licensee has met with the
22patient or client in person or by telemedicine; the licensee
23is sufficiently familiar with the patient or client and the
24disability; and the licensee is legally and professionally
25qualified to make the finding. The bill provides the licensee
26shall make a written finding regarding whether the patient
27or client has a disability, and if a disability is found,
28a separate written finding regarding whether the need for
29an assistance animal or service animal is related to the
30disability.
31The bill requires the Iowa civil rights commission, in
32consultation with the consumer protection division of the
33office of the attorney general, to adopt rules regarding
34the making of a written finding by licensees. The rules
35must include a form for licensees to document the licensee’s
-7-1written finding, recite the requirements of new Code section
2216.8C, and comply with the federal Fair Housing Act and the
3federal Rehabilitation Act of 1973. The bill provides that
4the commission may adopt emergency rules. New Code section
5216.8C applies once rules are adopted. The bill provides that
6prior to the adoption of the rules and creation of a licensee’s
7written findings form, a renter seeking an assistance animal or
8service animal as a reasonable accommodation shall otherwise
9demonstrate pursuant to state or federal law that the person
10has a disability and that the person has a disability-related
11need for an assistance animal or service animal.
12Within new Code section 216.8C, the bill also provides that
13a landlord may deny a request for an exception to a pet policy
14if a person, who does not have a readily apparent disability,
15or a disability known to the landlord, fails to provide
16documentation indicating that the person has a disability or
17a disability-related need for an assistance animal or service
18animal.
19The bill amends Code chapter 216C. The bill adds a
20Code chapter definition of disability that is similar to
21the definition in Code section 216.2(5). The bill adds a
22Code chapter definition of service animal by referencing
23federal law. The bill adds a Code chapter definition of
24service-animal-in-training.
25The bill amends Code section 216C.11. It changes the
26title of the Code section from “Service dogs and assistive
27animals” to “Service animals and service-animals-in-training
28— penalty”.
29The bill moves a housing provision relating to landlords and
30tenants from Code section 216C.11 to new Code section 216.8B.
31The bill changes the right in Code section 216C.11 to take
32animals to places listed in Code sections 216C.3 and 216C.4 to
33include service animals and service-animals-in-training and
34removes the right to take service dogs and assistive animals.
35In Code section 216C.11, the bill criminalizes the
-8-1intentional misrepresentation of an animal as a service animal
2or a service-animal-in-training. A person commits this public
3offense if all of the following elements are established:
4for the purpose of obtaining any of the rights or privileges
5set forth in state or federal law, the person intentionally
6misrepresents an animal in one’s possession as one’s service
7animal or service-animal-in-training or a person with a
8disability’s service animal or service-animal-in-training
9whom the person is assisting by controlling; the person was
10previously given a written or verbal warning regarding the fact
11it is illegal to intentionally misrepresent an animal as a
12service animal or a service-animal-in-training; and the person
13knows that the animal in question is not a service animal or a
14service-animal-in-training. The new public offense is a simple
15misdemeanor. A simple misdemeanor is punishable by confinement
16for no more than 30 days or a fine of at least $65 but no more
17than $625 or by both.
18The bill creates new Code section 216C.12, which is titled
19“Immunity from liability for injury or damage caused by service
20animals and service-animals-in-training”. The bill provides
21Code section definitions for “owner” and “real property”. The
22bill provides that an owner is not liable for any injury or
23damage caused by a service animal or service-animal-in-training
24if the owner believes in good faith that the animal is a
25service animal or a service-animal-in-training and the person
26using the animal is a person with a disability, a person
27assisting a person with a disability by controlling a service
28animal or a service-animal-in-training, or a person training
29a service-animal-in-training and the injury or damage is not
30caused by the owner’s negligence, recklessness, or willful
31misconduct.
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