Bill Text: IA SSB3148 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to assistance animals, assistive animals, and service dogs and providing penalties for misrepresenting oneself as entitled to an assistance animal or an assistive animal in housing and for misrepresenting an animal as a service dog.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-12 - Subcommittee recommends amendment and passage. [SSB3148 Detail]
Download: Iowa-2017-SSB3148-Introduced.html
Senate
Study
Bill
3148
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
VETERANS
AFFAIRS
BILL
BY
CHAIRPERSON
COSTELLO)
A
BILL
FOR
An
Act
relating
to
assistance
animals,
assistive
animals,
and
1
service
dogs
and
providing
penalties
for
misrepresenting
2
oneself
as
entitled
to
an
assistance
animal
or
an
assistive
3
animal
in
housing
and
for
misrepresenting
an
animal
as
a
4
service
dog.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
NEW
SECTION
.
216.8B
Determination
of
disability
1
and
need
for
an
assistance
or
assistive
animal
in
housing.
2
1.
A
licensee
under
chapter
148,
148C,
152,
154B,
154C,
3
or
154D
whose
assistance
is
requested
by
a
patient
seeking
4
a
finding
that
an
assistance
animal
or
an
assistive
animal
5
as
defined
in
section
216C.11,
subsection
1,
is
a
reasonable
6
accommodation
in
housing
shall
do
either
of
the
following:
7
a.
Make
a
written
finding
regarding
whether
the
patient
has
8
a
disability
and,
if
a
disability
is
found,
a
separate
written
9
finding
regarding
whether
the
need
for
an
assistance
animal
or
10
an
assistive
animal
is
related
to
the
disability.
11
b.
Make
a
written
finding
that
insufficient
information
12
is
available
to
make
a
finding
regarding
disability
or
the
13
disability-related
need
for
an
assistance
animal
or
an
14
assistive
animal.
15
2.
A
licensee
under
chapter
148,
148C,
152,
154B,
154C,
16
or
154D
shall
not
make
a
determination
regarding
subsection
1
17
unless
all
of
the
following
circumstances
are
present:
18
a.
The
licensee
has
met
with
the
patient
in
person
or
by
19
telemedicine.
20
b.
The
licensee
is
sufficiently
familiar
with
the
patient
21
and
the
disability.
22
c.
The
licensee
is
legally
and
professionally
qualified
to
23
make
the
determination.
24
Sec.
2.
Section
216C.11,
Code
2018,
is
amended
to
read
as
25
follows:
26
216C.11
Service
dogs
and
assistive
animals
Assistance
27
animals,
assistive
animals,
and
service
dogs
.
28
1.
For
purposes
of
this
section
,
unless
context
otherwise
29
requires:
30
a.
“Assistance
animal”
means
an
animal
that
qualifies
as
a
31
reasonable
accommodation
under
the
federal
Fair
Housing
Act,
42
32
U.S.C.
§3601
et
seq.,
as
amended,
or
section
504
of
the
federal
33
Rehabilitation
Act
of
1973,
29
U.S.C.
§794,
as
amended.
34
b.
“Assistive
animal”
means
a
simian
or
other
animal
35
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specially
trained
or
in
the
process
of
being
trained
to
assist
1
a
person
with
a
disability.
2
c.
“service
“Service
dog”
means
a
dog
specially
trained
3
to
assist
a
person
with
a
disability,
whether
described
as
a
4
service
dog,
a
support
dog,
an
independence
dog,
or
otherwise.
5
“Assistive
animal”
means
a
simian
or
other
animal
specially
6
trained
or
in
the
process
of
being
trained
to
assist
a
person
7
with
a
disability.
8
2.
a.
A
person
with
a
disability,
a
person
assisting
a
9
person
with
a
disability
by
controlling
a
service
dog
or
an
10
assistive
animal,
or
a
person
training
a
service
dog
or
an
11
assistive
animal
has
the
right
to
be
accompanied
by
a
service
12
dog
or
an
assistive
animal,
under
control,
in
any
of
the
places
13
listed
in
sections
216C.3
and
216C.4
without
being
required
14
to
make
additional
payment
for
the
service
dog
or
assistive
15
animal.
16
b.
A
landlord
shall
waive
lease
restrictions
on
the
keeping
17
of
animals
for
the
assistance
animal,
service
dog
,
or
assistive
18
animal
of
a
person
with
a
disability.
19
c.
The
person
is
liable
for
damage
done
to
any
premises
20
or
facility
by
an
assistance
animal,
a
service
dog
,
or
an
21
assistive
animal.
22
3.
A
person
who
knowingly
denies
or
interferes
with
the
23
right
of
a
person
under
this
section
is,
upon
conviction,
24
guilty
of
a
simple
misdemeanor.
25
4.
a.
For
purposes
of
this
subsection,
“disability”
26
means
the
same
as
set
forth
in
the
federal
Americans
with
27
Disabilities
Act
of
1990,
42
U.S.C.
§12101
et
seq.,
and
its
28
related
amendments
and
implementing
regulations
and
includes
a
29
handicap
as
that
term
is
defined
in
the
federal
Fair
Housing
30
Act,
42
U.S.C.
§3601
et
seq.,
as
amended.
31
b.
A
person
who
intentionally
misrepresents
oneself
as
32
entitled
to
an
assistance
animal
or
an
assistive
animal
as
a
33
reasonable
accommodation
in
housing
is,
upon
conviction,
guilty
34
of
a
simple
misdemeanor.
35
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c.
A
person
commits
the
offense
of
intentional
1
misrepresentation
of
entitlement
to
an
assistance
animal
or
an
2
assistive
animal
as
a
reasonable
accommodation
in
housing,
if
3
all
of
the
following
elements
are
established:
4
(1)
The
person
intentionally
misrepresents
the
person’s
5
entitlement
to
an
animal
in
one’s
possession
as
an
assistance
6
animal
or
an
assistive
animal
for
the
purpose
of
obtaining
any
7
of
the
rights
or
privileges
set
forth
in
state
or
federal
law
8
for
a
person
with
a
disability
as
a
reasonable
accommodation
9
in
housing.
10
(2)
The
person
was
previously
given
a
written
or
verbal
11
warning
regarding
the
fact
that
it
is
illegal
to
intentionally
12
misrepresent
an
entitlement
to
an
assistance
animal
or
an
13
assistive
animal.
14
(3)
The
person
knows
that
at
least
one
of
the
following
is
15
true:
16
(a)
The
animal
is
not
an
assistance
animal
or
an
assistive
17
animal
with
regard
to
the
person.
18
(b)
The
person
does
not
have
a
disability.
19
d.
A
written
finding
made
by
a
licensee
pursuant
to
section
20
216.8B
is
an
affirmative
defense
to
the
offense
established
by
21
this
subsection.
However,
the
lack
of
such
a
finding
is
not
22
proof
of
an
offense
established
by
this
subsection,
and
nothing
23
in
this
subsection
or
in
section
216.8B
limits
the
means
by
24
which
a
person
with
a
disability
may
demonstrate,
pursuant
25
to
state
or
federal
law,
that
the
person
has
a
disability
or
26
that
the
person
has
a
disability-related
need
for
an
assistive
27
animal.
28
5.
a.
For
purposes
of
this
subsection,
“disability”
29
means
the
same
as
set
forth
in
the
federal
Americans
with
30
Disabilities
Act
of
1990,
42
U.S.C.
§12101
et
seq.,
and
its
31
related
amendments
and
implementing
regulations.
32
b.
A
person
who
intentionally
misrepresents
an
animal
as
a
33
service
dog
or
a
service-dog-in-training
is,
upon
conviction,
34
guilty
of
a
simple
misdemeanor.
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c.
A
person
commits
the
offense
of
intentional
1
misrepresentation
of
an
animal
as
a
service
dog
or
a
2
service-dog-in-training,
if
all
of
the
following
elements
are
3
established:
4
(1)
The
person
intentionally
misrepresents
an
5
animal
in
one’s
possession
as
one’s
service
dog
or
a
6
service-dog-in-training,
or
a
person
with
a
disability’s
7
service
dog
whom
the
person
is
assisting
by
controlling,
or
a
8
service-dog-in-training
for
the
purpose
of
obtaining
any
of
the
9
rights
or
privileges
set
forth
in
state
or
federal
law.
10
(2)
The
person
was
previously
given
a
written
or
verbal
11
warning
regarding
the
fact
that
it
is
illegal
to
intentionally
12
misrepresent
an
animal
as
a
service
dog.
13
(3)
The
person
knows
that
the
animal
in
question
is
not
a
14
service
dog
or
a
service-dog-in-training.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
assistance
animals,
assistive
animals,
19
and
service
dogs
and
provides
penalties
for
misrepresenting
20
oneself
as
entitled
to
an
assistance
animal
or
an
assistive
21
animal
in
housing
and
for
misrepresenting
an
animal
as
a
22
service
dog.
23
The
bill
creates
new
Code
section
216.8B,
titled
24
“Determination
of
disability
and
need
for
an
assistance
or
25
assistive
animal
in
housing”.
The
bill
provides
a
process
26
for
when
a
patient
requests
the
assistance
of
a
professional
27
licensed
under
certain
chapters
of
the
Code
in
finding
that
28
the
individual
is
a
person
with
a
disability
who
needs
an
29
assistance
animal
or
an
assistive
animal
as
a
reasonable
30
accommodation
in
housing.
The
bill
provides
that
the
licensee
31
shall
not
make
a
determination
unless
the
licensee
has
met
32
with
the
patient
in
person
or
by
telemedicine;
the
licensee
33
is
sufficiently
familiar
with
the
patient
and
the
disability;
34
and
the
licensee
is
legally
and
professionally
qualified
to
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make
the
finding.
The
bill
provides
the
licensee
shall
either
1
make
a
written
finding
regarding
whether
the
patient
has
a
2
disability
and,
if
a
disability
is
found,
a
separate
written
3
finding
regarding
whether
the
need
for
the
animal
is
related
4
to
that
disability
or
make
a
written
finding
that
there
is
5
insufficient
information
available
to
make
a
finding
regarding
6
disability
or
the
disability-related
need
for
the
assistance
7
animal
or
the
assistive
animal.
8
The
bill
adds
a
definition
of
“assistance
animal”
to
Code
9
section
216C.11.
“Assistance
animal”
means
an
animal
that
10
qualifies
as
a
reasonable
accommodation
under
the
federal
Fair
11
Housing
Act,
42
U.S.C.
§3601
et
seq.,
as
amended,
or
section
12
504
of
the
federal
Rehabilitation
Act
of
1973,
29
U.S.C.
§794,
13
as
amended.
The
bill
provides
that
a
landlord
shall
waive
14
lease
restrictions
on
the
keeping
of
animals
for
not
only
the
15
service
dog
or
assistive
animal
of
a
person
with
a
disability,
16
but
also
the
assistance
animal
of
a
person
with
a
disability.
17
The
bill
provides
that
a
person
is
liable
for
not
only
the
18
damage
done
to
any
premises
or
facility
by
a
service
dog
or
an
19
assistive
animal,
but
also
by
an
assistance
animal.
20
The
bill
criminalizes
the
intentional
misrepresentation
of
21
oneself
as
entitled
to
an
assistance
animal
or
an
assistive
22
animal
as
a
reasonable
accommodation
in
housing.
A
person
23
commits
this
public
offense
if
all
of
the
following
elements
24
are
established:
the
person
intentionally
misrepresents
25
entitlement
to
an
animal
in
one’s
possession
as
an
assistance
26
animal
or
an
assistive
animal
for
the
purpose
of
obtaining
any
27
of
the
rights
or
privileges
set
forth
in
state
or
federal
law
28
for
a
person
with
a
disability
as
a
reasonable
accommodation
in
29
housing;
the
person
was
previously
given
a
written
or
verbal
30
warning
regarding
the
fact
that
it
is
illegal
to
intentionally
31
misrepresent
an
entitlement
to
an
assistance
animal
or
an
32
assistive
animal;
and
the
person
knows
that
the
animal
is
not
33
an
assistance
animal
or
an
assistive
animal
with
regard
to
34
that
person
or
the
person
does
not
have
a
disability.
The
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bill
provides
that
a
written
finding
made
pursuant
to
new
1
Code
section
216.8B
is
an
affirmative
defense
to
the
public
2
offense
established
by
the
bill.
The
lack
of
such
a
finding
3
is
not
proof
of
the
public
offense
established
by
the
bill,
4
and
nothing
in
the
bill
or
in
new
Code
section
216.8B
limits
5
the
means
by
which
a
person
with
a
disability
may
demonstrate,
6
pursuant
to
state
or
federal
law,
that
the
person
has
a
7
disability
or
that
the
person
has
a
disability-related
need
for
8
an
assistance
animal
or
an
assistive
animal.
9
The
bill
also
criminalizes
the
intentional
misrepresentation
10
of
an
animal
as
a
service
dog
or
service-dog-in-training.
A
11
person
commits
this
public
offense
if
all
of
the
following
12
elements
are
established:
the
person
intentionally
13
misrepresents
an
animal
in
one’s
possession
as
one’s
14
service
dog,
or
a
person
with
a
disability’s
service
15
dog
whom
the
person
is
assisting
by
controlling,
or
a
16
service-dog-in-training
for
the
purpose
of
obtaining
any
17
of
the
rights
or
privileges
set
forth
in
state
or
federal
18
law;
the
person
was
previously
given
a
written
or
verbal
19
warning
regarding
the
fact
that
it
is
illegal
to
intentionally
20
misrepresent
an
animal
as
a
service
dog;
and
the
person
21
knows
that
the
animal
in
question
is
not
a
service
dog
or
a
22
service-dog-in-training.
23
Both
new
public
offenses
are
established
as
simple
24
misdemeanors.
A
simple
misdemeanor
is
punishable
by
25
confinement
for
no
more
than
30
days
or
a
fine
of
at
least
$65
26
but
not
more
than
$625
or
by
both.
27
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