Iowa-2017-HF2001-Introduced
House File 2001 - Introduced
HOUSE FILE
BY SALMON
A BILL FOR
1 An Act relating to service dogs and assistive animals in
2 residential rental property, providing for landlord remedies
3 to remove dogs and animals, and providing penalties for
4 misrepresenting an animal as a service dog or assistive
5 animal.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 216C.11, Code 2018, is amended to read
1 2 as follows:
1 3 216C.11 Service dogs and assistive animals.
1 4 1. For purposes of this section, "service dog" means a dog
1 5 specially trained to assist a person with a disability, whether
1 6 described as a service dog, a support dog, an independence dog,
1 7 or otherwise. "Assistive animal" means a simian or other animal
1 8 specially trained or in the process of being trained to assist
1 9 a person with a disability.
1 10 2. A person with a disability, a person assisting a person
1 11 with a disability by controlling a service dog or an assistive
1 12 animal, or a person training a service dog or an assistive
1 13 animal has the right to be accompanied by a service dog or an
1 14 assistive animal, under control, in any of the places listed
1 15 in sections 216C.3 and 216C.4 without being required to make
1 16 additional payment for the service dog or assistive animal.
1 17 3. a. A landlord shall waive lease restrictions on the
1 18 keeping of animals for the service dog or assistive animal of a
1 19 person with a disability.
1 20 b. The person is liable for damage done to any premises or
1 21 facility by a service dog or assistive animal.
1 22 c. A landlord may require a person with a disability to
1 23 remove the person's service dog or assistive animal from the
1 24 person's residential rental unit for any of the following
1 25 reasons:
1 26 (1) The service dog or assistive animal is out of control
1 27 and the person with a disability or the person assisting the
1 28 person with a disability by controlling a service dog or an
1 29 assistive animal does not take effective action to control the
1 30 service dog or assistive animal.
1 31 (2) The service dog or assistive animal is not able to
1 32 control its excretion of urine or feces.
1 33 (3) The service dog or assistive animal poses a direct
1 34 threat to the health or safety of others and that threat cannot
1 35 be eliminated or reduced to an acceptable level by making a
2 1 reasonable accommodation by providing alternative policies,
2 2 practices, or procedures.
2 3 3. 4. A person who knowingly denies or interferes with
2 4 the right of a person under this section is, upon conviction,
2 5 guilty of a simple misdemeanor.
2 6 5. a. A person who knowingly misrepresents an animal as a
2 7 service dog or assistive animal is, upon conviction, guilty of
2 8 a simple misdemeanor.
2 9 b. A person commits the offense of knowingly misrepresenting
2 10 an animal as a service dog or assistance animal if all of the
2 11 following criteria are met:
2 12 (1) A person intentionally misrepresents an animal in the
2 13 person's possession as a service dog or assistive animal for
2 14 the purpose of obtaining any of the rights or privileges set
2 15 forth in this section by doing any of the following:
2 16 (a) Creating and providing a false document.
2 17 (b) Fitting an animal with a harness, collar, vest, or sign
2 18 when the animal is not a service dog or assistive animal.
2 19 (c) Falsely stating the animal is a service dog or assistive
2 20 animal.
2 21 (2) The person was previously given a written or verbal
2 22 warning that it is illegal to knowingly misrepresent an animal
2 23 as a service dog or assistive animal.
2 24 (3) The person knows that the animal is not a service dog
2 25 or assistive animal or a service dog or assistive animal in
2 26 training.
2 27 EXPLANATION
2 28 The inclusion of this explanation does not constitute agreement with
2 29 the explanation's substance by the members of the general assembly.
2 30 This bill amends Code section 216C.11 to provide remedies
2 31 for a landlord when a service dog or assistive animal is
2 32 disruptive, damaging, or harmful. The Code currently provides
2 33 that a landlord shall waive lease restrictions on the keeping
2 34 of animals for the service dog or assistive animal of a person
2 35 with a disability. The Code also provides that the person is
3 1 liable for damage done to any premises or facility by a service
3 2 dog or assistive animal.
3 3 The bill allows a landlord to require a person with a
3 4 disability to remove the person's service dog or assistive
3 5 animal from the person's residential rental unit for any of
3 6 the following reasons: the service dog or assistive animal is
3 7 out of control and the person with a disability, or the person
3 8 assisting the person with a disability by controlling a service
3 9 dog or an assistive animal, does not take effective action to
3 10 control the service dog or assistive animal; the service dog or
3 11 assistive animal is not able to control its excretion of urine
3 12 or feces; or the service dog or assistive animal poses a direct
3 13 threat to the health or safety of others and that threat cannot
3 14 be eliminated or reduced to an acceptable level by making
3 15 a reasonable accommodation that applies to other policies,
3 16 practices, or procedures.
3 17 Finally, the bill criminalizes the knowing misrepresentation
3 18 of an animal as a service dog or assistive animal. The bill
3 19 would make this offense a simple misdemeanor. A simple
3 20 misdemeanor is punishable by confinement for no more than 30
3 21 days or a fine of at least $65 but not more than $625 or by
3 22 both. Under the bill, a person commits this offense if three
3 23 criteria are met. The first criterion is that the person
3 24 intentionally misrepresents an animal in possession as a
3 25 service dog or assistive animal for the purpose of obtaining
3 26 any of the rights or privileges set forth in Code section
3 27 216C.11 by doing any of the following: creating and providing
3 28 false documents; fitting an animal with a harness, collar,
3 29 vest, or sign when the animal is not a service dog or assistive
3 30 animal; or falsely stating the animal is a service dog or
3 31 assistive animal. The second criterion is that the person was
3 32 previously given a written or verbal warning that it is illegal
3 33 to knowingly misrepresent a service dog or assistive animal.
3 34 The third criterion is that the person knows that the animal
3 35 is not a service dog or assistive animal or a service dog or
4 1 assistive animal in training.
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