Bill Text: IA SF63 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to assistance animals and service animals in housing and misrepresentation of an animal as a service animal or a service-animal-in-training, providing penalties, and including effective date and applicability provisions. (See SF 341.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-21 - Committee report approving bill, renumbered as SF 341. S.J. 384. [SF63 Detail]
Download: Iowa-2019-SF63-Introduced.html
Senate
File
63
-
Introduced
SENATE
FILE
63
BY
DAWSON
A
BILL
FOR
An
Act
relating
to
assistance
animals
and
service
animals
in
1
housing
and
misrepresentation
of
an
animal
as
a
service
2
animal
or
a
service-animal-in-training,
providing
penalties,
3
and
including
effective
date
and
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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88
asf/jh
S.F.
63
Section
1.
Section
216.2,
subsection
15,
Code
2019,
is
1
amended
to
read
as
follows:
2
15.
“Unfair
practice”
or
“discriminatory
practice”
means
3
those
practices
specified
as
unfair
or
discriminatory
in
4
sections
216.6
,
216.6A
,
216.7
,
216.8
,
216.8A
,
216.8B,
216.9
,
5
216.10
,
216.11
,
and
216.11A
.
6
Sec.
2.
NEW
SECTION
.
216.8B
Assistance
animals
and
service
7
animals
in
housing
——
penalty.
8
1.
For
purposes
of
this
section,
unless
the
context
9
otherwise
requires:
10
a.
“Assistance
animal”
means
an
animal
that
qualifies
as
a
11
reasonable
accommodation
under
the
federal
Fair
Housing
Act,
42
12
U.S.C.
§3601
et
seq.,
as
amended,
or
section
504
of
the
federal
13
Rehabilitation
Act
of
1973,
29
U.S.C.
§794,
as
amended.
14
b.
“Service
animal”
means
a
dog
or
miniature
horse
as
set
15
forth
in
the
implementing
regulations
of
Tit.
II
and
Tit.
III
16
of
the
federal
Americans
with
Disabilities
Act
of
1990,
42
17
U.S.C.
§12101
et
seq.
18
2.
A
landlord
shall
waive
lease
restrictions
and
additional
19
payments
normally
required
for
pets
on
the
keeping
of
animals
20
for
the
assistance
animal
or
service
animal
of
a
person
with
21
a
disability.
22
3.
A
renter
is
liable
for
damage
done
to
any
dwelling
by
an
23
assistance
animal
or
service
animal.
24
4.
A
person
who
knowingly
denies
or
interferes
with
the
25
right
of
a
person
with
a
disability
under
this
section
is,
upon
26
conviction,
guilty
of
a
simple
misdemeanor.
27
Sec.
3.
NEW
SECTION
.
216.8C
Finding
of
disability
and
need
28
for
an
assistance
animal
or
service
animal
in
housing.
29
1.
A
licensee
under
chapter
148,
148C,
152,
154B,
154C,
30
or
154D
whose
assistance
is
requested
by
a
patient
or
client
31
seeking
a
finding
that
an
assistance
animal
or
service
animal
32
as
defined
in
section
216.8B,
subsection
1,
is
a
reasonable
33
accommodation
in
housing
shall
make
a
written
finding
regarding
34
whether
the
patient
or
client
has
a
disability
and,
if
a
35
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disability
is
found,
a
separate
written
finding
regarding
1
whether
the
need
for
an
assistance
animal
or
service
animal
is
2
related
to
the
disability.
3
2.
A
licensee
under
chapter
148,
148C,
152,
154B,
154C,
or
4
154D
shall
not
make
a
finding
under
subsection
1
unless
all
of
5
the
following
circumstances
are
present:
6
a.
The
licensee
has
met
with
the
patient
or
client
in
person
7
or
by
telemedicine.
8
b.
The
licensee
is
sufficiently
familiar
with
the
patient
9
or
client
and
the
disability.
10
c.
The
licensee
is
legally
and
professionally
qualified
to
11
make
the
finding.
12
3.
The
commission,
in
consultation
with
the
consumer
13
protection
division
of
the
office
of
the
attorney
general,
14
shall
adopt
rules
regarding
the
making
of
a
written
finding
15
by
licensees
under
this
section.
The
rules
shall
include
a
16
form
for
licensees
to
document
the
licensees’
written
finding.
17
The
form
shall
recite
this
section’s
requirements
and
comply
18
with
the
federal
Fair
Housing
Act,
42
U.S.C.
§3601
et
seq.,
as
19
amended,
and
section
504
of
the
federal
Rehabilitation
Act
of
20
1973,
29
U.S.C.
§794,
as
amended.
The
form
must
contain
only
21
two
questions
regarding
the
qualifications
of
the
patient
or
22
client,
which
shall
be
whether
a
person
has
a
disability
and
23
whether
the
need
for
an
assistance
animal
or
service
animal
is
24
related
to
the
disability.
The
form
must
indicate
that
the
25
responses
must
be
limited
to
“yes”
or
“no”.
The
form
must
not
26
allow
for
additional
detail.
27
4.
A
person
who,
in
the
course
of
employment,
is
asked
to
28
make
a
finding
of
disability
and
disability-related
need
for
29
an
assistance
animal
or
service
animal
shall
utilize
the
form
30
created
by
the
commission
to
document
the
person’s
written
31
finding.
32
5.
A
landlord
may
deny
a
request
for
an
exception
to
a
33
pet
policy
if
a
person,
who
does
not
have
a
readily
apparent
34
disability,
or
a
disability
known
to
the
landlord,
fails
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to
provide
documentation
indicating
that
the
person
has
a
1
disability
and
the
person
has
a
disability-related
need
for
an
2
assistance
animal
or
service
animal.
3
6.
This
section
does
not
limit
the
means
by
which
a
person
4
with
a
disability
may
demonstrate,
pursuant
to
state
or
federal
5
law,
that
the
person
has
a
disability
or
that
the
person
has
6
a
disability-related
need
for
an
assistance
animal
or
service
7
animal.
8
Sec.
4.
Section
216C.11,
Code
2019,
is
amended
to
read
as
9
follows:
10
216C.11
Service
dogs
and
assistive
animals
Service
animals
11
and
service-animals-in-training
——
penalty
.
12
1.
For
purposes
of
this
section
,
“service
dog”
means
a
dog
13
specially
trained
to
assist
a
person
with
a
disability,
whether
14
described
as
a
service
dog,
a
support
dog,
an
independence
15
dog,
or
otherwise.
“Assistive
animal”
means
a
simian
or
other
16
animal
specially
trained
or
in
the
process
of
being
trained
to
17
assist
a
person
with
a
disability.
unless
the
context
otherwise
18
requires:
19
a.
“Disability”
means
the
physical
or
mental
condition
of
20
a
person
which
constitutes
a
substantial
disability,
and
the
21
condition
of
a
person
with
a
positive
human
immunodeficiency
22
virus
test
result,
a
diagnosis
of
acquired
immune
deficiency
23
syndrome,
a
diagnosis
of
acquired
immune
deficiency
24
syndrome-related
complex,
or
any
other
condition
related
to
25
acquired
immune
deficiency
syndrome.
The
inclusion
of
a
26
condition
related
to
a
positive
human
immunodeficiency
virus
27
test
result
in
the
meaning
of
“disability”
under
the
provisions
28
of
this
section
does
not
preclude
the
application
of
the
29
provisions
of
this
section
to
conditions
resulting
from
other
30
contagious
or
infectious
diseases.
31
b.
“Service
animal”
means
a
dog
or
miniature
horse
as
set
32
forth
in
the
implementing
regulations
of
Tit.
II
and
Tit.
III
33
of
the
federal
Americans
with
Disabilities
Act
of
1990,
42
34
U.S.C.
§12101
et
seq.
35
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c.
“Service-animal-in-training”
means
a
dog
or
miniature
1
horse
that
is
undergoing
a
course
of
development
and
training
2
to
do
work
or
perform
tasks
for
the
benefit
of
an
individual
3
that
directly
relate
to
the
disability
of
the
individual.
4
2.
A
person
with
a
disability,
a
person
assisting
a
5
person
with
a
disability
by
controlling
a
service
dog
or
an
6
assistive
animal
or
a
service-animal-in-training
,
or
a
person
7
training
a
service
dog
or
an
assistive
animal
has
the
right
8
to
be
accompanied
by
a
service
dog
or
an
assistive
animal
or
9
service-animal-in-training
,
under
control,
in
any
of
the
places
10
listed
in
sections
216C.3
and
216C.4
without
being
required
to
11
make
additional
payment
for
the
service
dog
or
assistive
animal
12
or
service-animal-in-training
.
A
landlord
shall
waive
lease
13
restrictions
on
the
keeping
of
animals
for
the
service
dog
or
14
assistive
animal
of
a
person
with
a
disability.
The
person
is
15
liable
for
damage
done
to
any
premises
or
facility
by
a
service
16
dog
or
assistive
animal
or
a
service-animal-in-training
.
17
3.
A
person
who
knowingly
denies
or
interferes
with
the
18
right
of
a
person
under
this
section
is,
upon
conviction,
19
guilty
of
a
simple
misdemeanor.
20
4.
a.
A
person
who
intentionally
misrepresents
an
animal
21
as
a
service
animal
or
a
service-animal-in-training
is,
upon
22
conviction,
guilty
of
a
simple
misdemeanor.
23
b.
A
person
commits
the
offense
of
intentional
24
misrepresentation
of
an
animal
as
a
service
animal
or
a
25
service-animal-in-training
if
all
of
the
following
elements
are
26
established:
27
(1)
For
the
purpose
of
obtaining
any
of
the
rights
or
28
privileges
set
forth
in
state
or
federal
law,
the
person
29
intentionally
misrepresents
an
animal
in
one’s
possession
30
as
one’s
service
animal
or
service-animal-in-training
31
or
a
person
with
a
disability’s
service
animal
or
32
service-animal-in-training
whom
the
person
is
assisting
by
33
controlling.
34
(2)
The
person
was
previously
given
a
written
or
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verbal
warning
regarding
the
fact
that
it
is
illegal
to
1
intentionally
misrepresent
an
animal
as
a
service
animal
or
a
2
service-animal-in-training.
3
(3)
The
person
knows
that
the
animal
in
question
is
not
a
4
service
animal
or
a
service-animal-in-training.
5
Sec.
5.
EMERGENCY
RULES.
The
Iowa
civil
rights
commission
6
may
adopt
emergency
rules
under
section
17A.4,
subsection
3,
7
and
section
17A.5,
subsection
2,
paragraph
“b”,
to
implement
8
the
section
of
this
Act
enacting
section
216.8C
and
the
rules
9
shall
be
effective
immediately
upon
filing.
Any
rules
adopted
10
in
accordance
with
this
section
shall
also
be
published
as
a
11
notice
of
intended
action
as
provided
in
section
17A.4.
12
Sec.
6.
EFFECTIVE
DATE.
The
following,
being
deemed
of
13
immediate
importance,
takes
effect
upon
enactment:
14
The
section
of
this
Act
enacting
section
216.8C.
15
Sec.
7.
APPLICABILITY.
The
section
of
this
Act
enacting
16
section
216.8C
applies
once
rules
are
adopted.
Prior
to
the
17
adoption
of
the
rules
and
creation
of
a
licensee’s
written
18
finding
form,
a
renter
seeking
an
assistance
animal
or
a
19
service
animal
as
a
reasonable
accommodation
in
housing
20
shall
otherwise
demonstrate
pursuant
to
state
or
federal
law
21
that
the
person
has
a
disability
and
that
the
person
has
a
22
disability-related
need
for
an
assistance
animal
or
service
23
animal.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
assistance
animals
and
service
animals
28
in
housing
and
misrepresentation
of
an
animal
as
a
service
29
animal
or
a
service-animal-in-training,
provides
penalties,
and
30
includes
effective
date
and
applicability
provisions.
31
The
bill
creates
new
Code
section
216.8B,
titled
“assistance
32
animals
and
service
animals
in
housing
——
penalty”.
The
new
33
Code
section
provides
definitions
for
assistance
animal
and
34
service
animal
by
referencing
federal
law
and
provides
that
35
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a
landlord
shall
waive
lease
restrictions
on
the
keeping
of
1
animals
for
the
assistance
animal
or
service
animal
of
a
2
person
with
a
disability.
It
also
provides
that
a
renter
3
is
liable
for
damage
done
to
any
dwelling
by
an
assistance
4
animal
or
service
animal.
Finally,
the
new
Code
section
5
provides
that
a
person
commits
a
simple
misdemeanor
if
a
person
6
knowingly
denies
or
interferes
with
the
right
of
a
person
with
7
a
disability
under
the
Code
section.
A
simple
misdemeanor
is
8
punishable
by
confinement
of
no
more
than
30
days
or
a
fine
9
of
at
least
$65
but
no
more
than
$625
or
by
both.
The
bill
10
provides
that
if
a
person
violates
Code
section
216.8B,
it
11
shall
constitute
an
unfair
practice
or
discriminatory
practice
12
as
defined
in
Code
section
216.2.
13
This
bill
creates
new
Code
section
216.8C,
titled
“finding
14
of
disability
and
need
for
an
assistance
animal
or
service
15
animal
in
housing”.
The
bill
provides
a
process
for
a
16
patient
or
client
to
request
the
assistance
of
a
professional
17
licensed
under
certain
chapters
of
the
Code
in
finding
18
that
the
individual
is
a
person
with
a
disability
who
needs
19
an
assistance
animal
or
service
animal
as
a
reasonable
20
accommodation
in
housing.
The
bill
provides
that
the
licensee
21
shall
not
make
a
finding
unless
the
licensee
has
met
with
the
22
patient
or
client
in
person
or
by
telemedicine;
the
licensee
23
is
sufficiently
familiar
with
the
patient
or
client
and
the
24
disability;
and
the
licensee
is
legally
and
professionally
25
qualified
to
make
the
finding.
The
bill
provides
the
licensee
26
shall
make
a
written
finding
regarding
whether
the
patient
27
or
client
has
a
disability,
and
if
a
disability
is
found,
28
a
separate
written
finding
regarding
whether
the
need
for
29
an
assistance
animal
or
service
animal
is
related
to
the
30
disability.
31
The
bill
requires
the
Iowa
civil
rights
commission,
in
32
consultation
with
the
consumer
protection
division
of
the
33
office
of
the
attorney
general,
to
adopt
rules
regarding
34
the
making
of
a
written
finding
by
licensees.
The
rules
35
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63
must
include
a
form
for
licensees
to
document
the
licensee’s
1
written
finding,
recite
the
requirements
of
new
Code
section
2
216.8C,
and
comply
with
the
federal
Fair
Housing
Act
and
the
3
federal
Rehabilitation
Act
of
1973.
The
bill
provides
that
4
the
commission
may
adopt
emergency
rules.
New
Code
section
5
216.8C
applies
once
rules
are
adopted.
The
bill
provides
that
6
prior
to
the
adoption
of
the
rules
and
creation
of
a
licensee’s
7
written
findings
form,
a
renter
seeking
an
assistance
animal
or
8
service
animal
as
a
reasonable
accommodation
shall
otherwise
9
demonstrate
pursuant
to
state
or
federal
law
that
the
person
10
has
a
disability
and
that
the
person
has
a
disability-related
11
need
for
an
assistance
animal
or
service
animal.
12
Within
new
Code
section
216.8C,
the
bill
also
provides
that
13
a
landlord
may
deny
a
request
for
an
exception
to
a
pet
policy
14
if
a
person,
who
does
not
have
a
readily
apparent
disability,
15
or
a
disability
known
to
the
landlord,
fails
to
provide
16
documentation
indicating
that
the
person
has
a
disability
or
17
a
disability-related
need
for
an
assistance
animal
or
service
18
animal.
19
The
bill
amends
Code
section
216C.11.
It
changes
the
20
title
of
the
Code
section
from
“service
dogs
and
assistive
21
animals”
to
“service
animals
and
service-animals-in-training
22
——
penalty”.
The
bill
adds
a
definition
of
disability
to
Code
23
section
216C.11
that
is
the
same
as
the
definition
in
Code
24
section
216.2(5).
The
bill
adds
a
definition
of
service
animal
25
to
Code
section
216C.11
by
referencing
federal
law.
The
bill
26
also
adds
a
definition
of
service-animal-in-training.
27
The
bill
moves
a
housing
provision
relating
to
landlords
and
28
tenants
from
Code
section
216C.11
to
new
Code
section
216.8B.
29
The
bill
changes
the
right
in
Code
section
216C.11
to
take
30
animals
to
places
listed
in
Code
sections
216C.3
and
216C.4
to
31
include
service
animals
and
service-animals-in-training
and
32
removes
the
right
to
take
service
dogs
and
assistive
animals.
33
In
Code
section
216C.11,
the
bill
criminalizes
the
34
intentional
misrepresentation
of
an
animal
as
a
service
animal
35
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63
or
a
service-animal-in-training.
A
person
commits
this
public
1
offense
if
all
of
the
following
elements
are
established:
2
for
the
purpose
of
obtaining
any
of
the
rights
or
privileges
3
set
forth
in
state
or
federal
law,
the
person
intentionally
4
misrepresents
an
animal
in
one’s
possession
as
one’s
service
5
animal
or
service-animal-in-training
or
a
person
with
a
6
disability’s
service
animal
or
service-animal-in-training
7
whom
the
person
is
assisting
by
controlling;
the
person
was
8
previously
given
a
written
or
verbal
warning
regarding
the
fact
9
it
is
illegal
to
intentionally
misrepresent
an
animal
as
a
10
service
animal
or
a
service-animal-in-training;
and
the
person
11
knows
that
the
animal
in
question
is
not
a
service
animal
or
a
12
service-animal-in-training.
The
new
public
offense
is
a
simple
13
misdemeanor.
A
simple
misdemeanor
is
punishable
by
confinement
14
for
no
more
than
30
days
or
a
fine
of
at
least
$65
but
no
more
15
than
$625
or
by
both.
16
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