Bill Text: IA HF2396 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to the misrepresentation of a person as an owner or trainer of a service dog or assistive animal and providing penalties. (Formerly HF 2295.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-03-15 - Referred to Judiciary. H.J. 594. [HF2396 Detail]

Download: Iowa-2017-HF2396-Introduced.html

House File 2396 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO HF 2295)

                                      A BILL FOR

  1 An Act relating to the misrepresentation of a person as an
  2    owner or trainer of a service dog or assistive animal and
  3    providing penalties.
  4 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 by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  4.  a.  As used in this subsection, "owner"
  1  4 means any person with a disability who owns a service dog or
  1  5 assistive animal, or a person who is authorized by a person
  1  6 with a disability to use a service dog or assistive animal to
  1  7 assist a person with a disability by controlling the service
  1  8 dog or assistive animal.
  1  9    b.  A person who knowingly and fraudulently misrepresents
  1 10 oneself through verbal or written notice as an owner or trainer
  1 11 of a service dog or an assistive animal is, upon conviction,
  1 12 guilty of a simple misdemeanor.
  1 13                           EXPLANATION
  1 14 The inclusion of this explanation does not constitute agreement with
  1 15 the explanation's substance by the members of the general assembly.
  1 16    This bill criminalizes the knowing and fraudulent
  1 17 misrepresentation of a person as an owner or trainer of
  1 18 a service dog or assistive animal. The bill would make
  1 19 this offense a simple misdemeanor. A simple misdemeanor is
  1 20 punishable by confinement for no more than 30 days or a fine of
  1 21 at least $65 but not more than $625 or by both.
  1 22    The bill amends Code section 216C.11. A person commits the
  1 23 offense of knowingly and fraudulently misrepresenting oneself
  1 24 as the owner or trainer of a service dog or assistive animal,
  1 25 if the person knowingly and fraudulently represents oneself,
  1 26 through verbal or written notice, to be the owner or trainer of
  1 27 a service dog or assistive animal.
  1 28    Code chapter 216C.11 defines a service dog as a dog specially
  1 29 trained to assist a person with a disability, whether described
  1 30 as a service dog, a support dog, an independence dog, or
  1 31 otherwise, and assistive animal as a simian or other animal
  1 32 specially trained or in the process of being trained to assist
  1 33 a person with a disability. The bill defines an owner as any
  1 34 person with a disability who owns a service dog or assistive
  1 35 animal, or a person who is authorized by a person with a
  2  1 disability to use a service dog or assistive animal to assist
  2  2 a person with a disability by controlling the service dog or
  2  3 assistive animal.
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