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Senate File 341 - EnrolledAn Actrelating to assistance animals and service animals in
housing, service animals and service-animals-in-training in
public accommodations, and misrepresentation of an animal as
a service animal or a service-animal-in-training, providing
penalties, and including effective date and applicability
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 216.2, subsection 15, Code 2019, is
amended to read as follows:
15. “Unfair practice” or “discriminatory practice” means
those practices specified as unfair or discriminatory in
sections 216.6, 216.6A, 216.7, 216.8, 216.8A, 216.8B, 216.9,
216.10, 216.11, and 216.11A.
Sec. 2. NEW SECTION. 216.8B Assistance animals and service
animals in housing — penalty.
1. For purposes of this section, unless the context
otherwise requires:
a. “Assistance animal” means an animal that qualifies as a
reasonable accommodation under the federal Fair Housing Act, 42
U.S.C.§3601 et seq., as amended, or section 504 of the federal
Rehabilitation Act of 1973, 29 U.S.C.§794, as amended.
b. “Service animal” means a dog or miniature horse as set
forth in the implementing regulations of Tit.II and Tit.III
of the federal Americans with Disabilities Act of 1990, 42
U.S.C.§12101 et seq.
2. A landlord shall waive lease restrictions and additional
payments normally required for pets on the keeping of animals
for the assistance animal or service animal of a person with
a disability.
3. A renter is liable for damage done to any dwelling by an
assistance animal or service animal.
4. A person who knowingly denies or interferes with the
right of a person with a disability under this section is, upon
conviction, guilty of a simple misdemeanor.
Sec. 3. NEW SECTION. 216.8C Finding of disability and need
for an assistance animal or service animal in housing.
1. A licensee under chapter 148, 148C, 152, 154B, 154C,
or 154D whose assistance is requested by a patient or client
seeking a finding that an assistance animal or service animal
as defined in section 216.8B, subsection 1, is a reasonable
accommodation in housing shall make a written finding regarding
whether the patient or client has a disability and, if a
-1-disability is found, a separate written finding regarding
whether the need for an assistance animal or service animal is
related to the disability.
2. A licensee under chapter 148, 148C, 152, 154B, 154C, or
154D shall not make a finding under subsection 1 unless all of
the following circumstances are present:
a. The licensee has met with the patient or client in person
or by telemedicine.
b. The licensee is sufficiently familiar with the patient
or client and the disability.
c. The licensee is legally and professionally qualified to
make the finding.
3. The commission, in consultation with the consumer
protection division of the office of the attorney general,
shall adopt rules regarding the making of a written finding
by licensees under this section. The rules shall include a
form for licensees to document the licensees’ written finding.
The form shall recite this section’s requirements and comply
with the federal Fair Housing Act, 42 U.S.C.§3601 et seq., as
amended, and section 504 of the federal Rehabilitation Act of
1973, 29 U.S.C.§794, as amended. The form must contain only
two questions regarding the qualifications of the patient or
client, which shall be whether a person has a disability and
whether the need for an assistance animal or service animal is
related to the disability. The form must indicate that the
responses must be limited to “yes” or “no”. The form must not
allow for additional detail.
4. A person who, in the course of employment, is asked to
make a finding of disability and disability-related need for
an assistance animal or service animal shall utilize the form
created by the commission to document the person’s written
finding.
5. A landlord may deny a request for an exception to a
pet policy if a person, who does not have a readily apparent
disability, or a disability known to the landlord, fails
-2-to provide documentation indicating that the person has a
disability and the person has a disability-related need for an
assistance animal or service animal.
6. This section does not limit the means by which a person
with a disability may demonstrate, pursuant to state or federal
law, that the person has a disability or that the person has
a disability-related need for an assistance animal or service
animal.
Sec. 4. NEW SECTION. 216C.1A Definitions.
For purposes of this chapter, unless the context otherwise
requires:
1. “Disability” means the physical or mental condition of
a person which constitutes a substantial disability, and the
condition of a person with a positive human immunodeficiency
virus test result, a diagnosis of acquired immune deficiency
syndrome, a diagnosis of acquired immune deficiency
syndrome-related complex, or any other condition related to
acquired immune deficiency syndrome. The inclusion of a
condition related to a positive human immunodeficiency virus
test result in the meaning of “disability” under the provisions
of this chapter does not preclude the application of the
provisions of this chapter to conditions resulting from other
contagious or infectious diseases.
2. “Service animal” means a dog or miniature horse as set
forth in the implementing regulations of Tit.II and Tit.III
of the federal Americans with Disabilities Act of 1990, 42
U.S.C. §12101 et seq.
3. “Service-animal-in-training” means a dog or miniature
horse that is undergoing a course of development and training
to do work or perform tasks for the benefit of an individual
that directly relate to the disability of the individual.
Sec. 5. Section 216C.11, Code 2019, is amended to read as
follows:
216C.11 Service dogs and assistive animals Service animals
and service-animals-in-training — penalty.
-3- 1. For purposes of this section, “service dog” means a dog
specially trained to assist a person with a disability, whether
described as a service dog, a support dog, an independence dog,
or otherwise. “Assistive animal” means a simian or other animal
specially trained or in the process of being trained to assist
a person with a disability.
2. 1. A person with a disability, a person assisting a
person with a disability by controlling a service dog or an
assistive animal or a service-animal-in-training, or a person
training a service dog or an assistive animal has the right
to be accompanied by a service dog or an assistive animal or
service-animal-in-training, under control, in any of the places
listed in sections 216C.3 and 216C.4 without being required to
make additional payment for the service dog or assistive animal
or service-animal-in-training. A landlord shall waive lease
restrictions on the keeping of animals for the service dog or
assistive animal of a person with a disability. The person is
liable for damage done to any premises or facility by a service
dog or assistive animal or a service-animal-in-training.
3. 2. A person who knowingly denies or interferes with
the right of a person under this section is, upon conviction,
guilty of a simple misdemeanor.
3. a. A person who intentionally misrepresents an animal
as a service animal or a service-animal-in-training is, upon
conviction, guilty of a simple misdemeanor.
b. A person commits the offense of intentional
misrepresentation of an animal as a service animal or a
service-animal-in-training if all of the following elements are
established:
(1) For the purpose of obtaining any of the rights or
privileges set forth in state or federal law, the person
intentionally misrepresents an animal in one’s possession
as one’s service animal or service-animal-in-training
or a person with a disability’s service animal or
service-animal-in-training whom the person is assisting by
-4-controlling.
(2) The person was previously given a written or
verbal warning regarding the fact that it is illegal to
intentionally misrepresent an animal as a service animal or a
service-animal-in-training.
(3) The person knows that the animal in question is not a
service animal or a service-animal-in-training.
Sec. 6. NEW SECTION. 216C.12 Immunity from liability
for injury or damage caused by service animals and
service-animals-in-training.
1. For purposes of this section, unless the context
otherwise requires:
a. “Owner” means the owner of real property, a contract
for deed vendee, receiver, personal representative, trustee,
lessor, lessee, agent, or other person directly or indirectly
in control of the real property.
b. “Real property” includes any physical location or portion
of real property that federal or state law or local ordinance
requires to be accessible to a person with a disability who
is using a service animal or a service-animal-in-training, a
person assisting a person with a disability by controlling a
service animal or a service-animal-in-training, or a person
training a service animal.
2. An owner is not liable for any injury or damage caused by
a service animal or service-animal-in-training if all of the
following criteria are met:
a. The owner believes in good faith that the animal is a
service animal or a service-animal-in-training and the person
using the animal is a person with a disability, a person
assisting a person with a disability by controlling a service
animal or a service-animal-in-training, or a person training
a service-animal-in-training.
b. The injury or damage is not caused by the owner’s
negligence, recklessness, or willful misconduct.
Sec. 7. Section 717F.1, subsection 2, Code 2019, is amended
-5-to read as follows:
2. “Assistive animal” means the same as defined in section
216C.11 a simian or other animal specially trained or in the
process of being trained to assist a person with a disability.
Sec. 8. EMERGENCY RULES. The Iowa civil rights commission
may adopt emergency rules under section 17A.4, subsection 3,
and section 17A.5, subsection 2, paragraph “b”, to implement
the section of this Act enacting section 216.8C and the rules
shall be effective immediately upon filing. Any rules adopted
in accordance with this section shall also be published as a
notice of intended action as provided in section 17A.4.
Sec. 9. EFFECTIVE DATE. The following, being deemed of
immediate importance, takes effect upon enactment:
The section of this Act enacting section 216.8C.
Sec. 10. APPLICABILITY. The section of this Act enacting
section 216.8C applies once rules are adopted. Prior to the
adoption of the rules and creation of a licensee’s written
finding form, a renter seeking an assistance animal or a
service animal as a reasonable accommodation in housing
shall otherwise demonstrate pursuant to state or federal law
that the person has a disability and that the person has a
disability-related need for an assistance animal or service
animal.
______________________________
CHARLES SCHNEIDERPresident of the Senate______________________________
LINDA UPMEYERSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 341, Eighty-eighth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2019______________________________
KIM REYNOLDSGovernorasf/jh
housing, service animals and service-animals-in-training in
public accommodations, and misrepresentation of an animal as
a service animal or a service-animal-in-training, providing
penalties, and including effective date and applicability
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 216.2, subsection 15, Code 2019, is
amended to read as follows:
15. “Unfair practice” or “discriminatory practice” means
those practices specified as unfair or discriminatory in
sections 216.6, 216.6A, 216.7, 216.8, 216.8A, 216.8B, 216.9,
216.10, 216.11, and 216.11A.
Sec. 2. NEW SECTION. 216.8B Assistance animals and service
animals in housing — penalty.
1. For purposes of this section, unless the context
otherwise requires:
a. “Assistance animal” means an animal that qualifies as a
reasonable accommodation under the federal Fair Housing Act, 42
U.S.C.§3601 et seq., as amended, or section 504 of the federal
Rehabilitation Act of 1973, 29 U.S.C.§794, as amended.
b. “Service animal” means a dog or miniature horse as set
forth in the implementing regulations of Tit.II and Tit.III
of the federal Americans with Disabilities Act of 1990, 42
U.S.C.§12101 et seq.
2. A landlord shall waive lease restrictions and additional
payments normally required for pets on the keeping of animals
for the assistance animal or service animal of a person with
a disability.
3. A renter is liable for damage done to any dwelling by an
assistance animal or service animal.
4. A person who knowingly denies or interferes with the
right of a person with a disability under this section is, upon
conviction, guilty of a simple misdemeanor.
Sec. 3. NEW SECTION. 216.8C Finding of disability and need
for an assistance animal or service animal in housing.
1. A licensee under chapter 148, 148C, 152, 154B, 154C,
or 154D whose assistance is requested by a patient or client
seeking a finding that an assistance animal or service animal
as defined in section 216.8B, subsection 1, is a reasonable
accommodation in housing shall make a written finding regarding
whether the patient or client has a disability and, if a
-1-disability is found, a separate written finding regarding
whether the need for an assistance animal or service animal is
related to the disability.
2. A licensee under chapter 148, 148C, 152, 154B, 154C, or
154D shall not make a finding under subsection 1 unless all of
the following circumstances are present:
a. The licensee has met with the patient or client in person
or by telemedicine.
b. The licensee is sufficiently familiar with the patient
or client and the disability.
c. The licensee is legally and professionally qualified to
make the finding.
3. The commission, in consultation with the consumer
protection division of the office of the attorney general,
shall adopt rules regarding the making of a written finding
by licensees under this section. The rules shall include a
form for licensees to document the licensees’ written finding.
The form shall recite this section’s requirements and comply
with the federal Fair Housing Act, 42 U.S.C.§3601 et seq., as
amended, and section 504 of the federal Rehabilitation Act of
1973, 29 U.S.C.§794, as amended. The form must contain only
two questions regarding the qualifications of the patient or
client, which shall be whether a person has a disability and
whether the need for an assistance animal or service animal is
related to the disability. The form must indicate that the
responses must be limited to “yes” or “no”. The form must not
allow for additional detail.
4. A person who, in the course of employment, is asked to
make a finding of disability and disability-related need for
an assistance animal or service animal shall utilize the form
created by the commission to document the person’s written
finding.
5. A landlord may deny a request for an exception to a
pet policy if a person, who does not have a readily apparent
disability, or a disability known to the landlord, fails
-2-to provide documentation indicating that the person has a
disability and the person has a disability-related need for an
assistance animal or service animal.
6. This section does not limit the means by which a person
with a disability may demonstrate, pursuant to state or federal
law, that the person has a disability or that the person has
a disability-related need for an assistance animal or service
animal.
Sec. 4. NEW SECTION. 216C.1A Definitions.
For purposes of this chapter, unless the context otherwise
requires:
1. “Disability” means the physical or mental condition of
a person which constitutes a substantial disability, and the
condition of a person with a positive human immunodeficiency
virus test result, a diagnosis of acquired immune deficiency
syndrome, a diagnosis of acquired immune deficiency
syndrome-related complex, or any other condition related to
acquired immune deficiency syndrome. The inclusion of a
condition related to a positive human immunodeficiency virus
test result in the meaning of “disability” under the provisions
of this chapter does not preclude the application of the
provisions of this chapter to conditions resulting from other
contagious or infectious diseases.
2. “Service animal” means a dog or miniature horse as set
forth in the implementing regulations of Tit.II and Tit.III
of the federal Americans with Disabilities Act of 1990, 42
U.S.C. §12101 et seq.
3. “Service-animal-in-training” means a dog or miniature
horse that is undergoing a course of development and training
to do work or perform tasks for the benefit of an individual
that directly relate to the disability of the individual.
Sec. 5. Section 216C.11, Code 2019, is amended to read as
follows:
216C.11 Service dogs and assistive animals Service animals
and service-animals-in-training — penalty.
-3- 1. For purposes of this section, “service dog” means a dog
specially trained to assist a person with a disability, whether
described as a service dog, a support dog, an independence dog,
or otherwise. “Assistive animal” means a simian or other animal
specially trained or in the process of being trained to assist
a person with a disability.
2. 1. A person with a disability, a person assisting a
person with a disability by controlling a service dog or an
assistive animal or a service-animal-in-training, or a person
training a service dog or an assistive animal has the right
to be accompanied by a service dog or an assistive animal or
service-animal-in-training, under control, in any of the places
listed in sections 216C.3 and 216C.4 without being required to
make additional payment for the service dog or assistive animal
or service-animal-in-training. A landlord shall waive lease
restrictions on the keeping of animals for the service dog or
assistive animal of a person with a disability. The person is
liable for damage done to any premises or facility by a service
dog or assistive animal or a service-animal-in-training.
3. 2. A person who knowingly denies or interferes with
the right of a person under this section is, upon conviction,
guilty of a simple misdemeanor.
3. a. A person who intentionally misrepresents an animal
as a service animal or a service-animal-in-training is, upon
conviction, guilty of a simple misdemeanor.
b. A person commits the offense of intentional
misrepresentation of an animal as a service animal or a
service-animal-in-training if all of the following elements are
established:
(1) For the purpose of obtaining any of the rights or
privileges set forth in state or federal law, the person
intentionally misrepresents an animal in one’s possession
as one’s service animal or service-animal-in-training
or a person with a disability’s service animal or
service-animal-in-training whom the person is assisting by
-4-controlling.
(2) The person was previously given a written or
verbal warning regarding the fact that it is illegal to
intentionally misrepresent an animal as a service animal or a
service-animal-in-training.
(3) The person knows that the animal in question is not a
service animal or a service-animal-in-training.
Sec. 6. NEW SECTION. 216C.12 Immunity from liability
for injury or damage caused by service animals and
service-animals-in-training.
1. For purposes of this section, unless the context
otherwise requires:
a. “Owner” means the owner of real property, a contract
for deed vendee, receiver, personal representative, trustee,
lessor, lessee, agent, or other person directly or indirectly
in control of the real property.
b. “Real property” includes any physical location or portion
of real property that federal or state law or local ordinance
requires to be accessible to a person with a disability who
is using a service animal or a service-animal-in-training, a
person assisting a person with a disability by controlling a
service animal or a service-animal-in-training, or a person
training a service animal.
2. An owner is not liable for any injury or damage caused by
a service animal or service-animal-in-training if all of the
following criteria are met:
a. The owner believes in good faith that the animal is a
service animal or a service-animal-in-training and the person
using the animal is a person with a disability, a person
assisting a person with a disability by controlling a service
animal or a service-animal-in-training, or a person training
a service-animal-in-training.
b. The injury or damage is not caused by the owner’s
negligence, recklessness, or willful misconduct.
Sec. 7. Section 717F.1, subsection 2, Code 2019, is amended
-5-to read as follows:
2. “Assistive animal” means the same as defined in section
216C.11 a simian or other animal specially trained or in the
process of being trained to assist a person with a disability.
Sec. 8. EMERGENCY RULES. The Iowa civil rights commission
may adopt emergency rules under section 17A.4, subsection 3,
and section 17A.5, subsection 2, paragraph “b”, to implement
the section of this Act enacting section 216.8C and the rules
shall be effective immediately upon filing. Any rules adopted
in accordance with this section shall also be published as a
notice of intended action as provided in section 17A.4.
Sec. 9. EFFECTIVE DATE. The following, being deemed of
immediate importance, takes effect upon enactment:
The section of this Act enacting section 216.8C.
Sec. 10. APPLICABILITY. The section of this Act enacting
section 216.8C applies once rules are adopted. Prior to the
adoption of the rules and creation of a licensee’s written
finding form, a renter seeking an assistance animal or a
service animal as a reasonable accommodation in housing
shall otherwise demonstrate pursuant to state or federal law
that the person has a disability and that the person has a
disability-related need for an assistance animal or service
animal.
______________________________
CHARLES SCHNEIDERPresident of the Senate______________________________
LINDA UPMEYERSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 341, Eighty-eighth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2019______________________________
KIM REYNOLDSGovernorasf/jh