Amendment S-3219 to SF 476

Filed May 3, 2023 in the Senate by Sen. Chris Cournoyer (R)

Amends this SF 476 to CONFORM to HF 651

What it changes

1. By striking everything after the enacting clause and inserting: “Section
2. Section 351.25, Code 2023, is amended by striking the section and inserting in lieu thereof the following: 351.25 Dogs as property —— right to own dog.
3. A dog shall be deemed property if the dog is any of the following: a. Less than four months of age. b. Owned by a person as evidenced by proof of identification, which may include any of the following: (1) A valid rabies vaccination tag attached to the dog’s collar. (2) A tattoo imprinted on the dog’s skin that may be visually observed. (3) A device implanted under the dog’s skin that stores information in an electronic format. (4) A receipt or contract indicating ownership. (5) A record of an ongoing patient-client relationship with a veterinarian. (6) An otherwise documented history of ownership.
4. A county shall not adopt, enforce, or otherwise administer an ordinance, motion, resolution, or amendment that restricts or hinders a person’s right to own or keep a dog based on the breed, perceived breed, or physical characteristics of the dog. This subsection does not inhibit the authority of a county to adopt, enforce, or administer an ordinance, motion, resolution, or amendment that applies to all dogs. Sec.
5. Section 351.33, Code 2023, is amended to read as follows: 351.33 Rabies vaccination. Every owner of a dog shall obtain a rabies vaccination for such animal. It shall be unlawful for any person to own or have a dog in the person’s possession, six four months of age or over, which that has not been vaccinated against rabies. Dogs kept in kennels and not allowed to run at large shall not be subject to these vaccination requirements. Sec.
6. Section 351.37, subsections 1 and 2, Code 2023, are amended to read as follows:
7. A dog shall be apprehended and impounded by a local board of health or law enforcement official or designated agent if the dog is running at large and the dog is not wearing a valid rabies vaccination tag or a rabies vaccination certificate is not presented to the local board of health or law enforcement official .
8. The local board of health or law enforcement official shall provide written notice to the owner if the local board of health or law enforcement official can reasonably determine the owner’s name and current address by accessing a tag or other device that is on or a part of the dog. The notice shall be sent within two days after the dog has been impounded. The notice shall provide that if the owner does not redeem the dog within seven days from the date that the notice is delivered, the dog may be humanely destroyed or otherwise disposed of in accordance with law. For purposes of this section , notice is delivered when the local board of health or law enforcement official mails the notice , which may be by regular mail. An owner may redeem a dog by having it immediately vaccinated , if the dog is overdue for vaccination, and paying the cost of impoundment. Sec.
9. Section 351.45, subsection 1, paragraph b, Code 2023, is amended to read as follows: b. The rabies vaccination tag is attached to a collar worn by a dog, including as provided in sections section 351.25 and 351.26 . Sec.
10. Section 364.3, Code 2023, is amended by adding the following new subsection: NEW SUBSECTION .
11. A city shall not adopt, enforce, or otherwise administer an ordinance, motion, resolution, or amendment that restricts or hinders a person’s right to own or keep a dog based on the breed, perceived breed, or physical characteristics of the dog. This subsection does not inhibit the authority of a city to adopt, enforce, or administer an ordinance, motion, resolution, or amendment that applies to all dogs. Sec.
12. NEW SECTION . 515.116 Homeowner’s and renter’s insurance —— dangerous or high risk dogs.
13. This section shall be known and may be cited as the “Dog Breed Insurance Underwriting Protection Act” .
14. As used in this section, unless the context otherwise requires: a. “Custody” means to possess, keep, or harbor. b. “Insurer” means the same as defined in section 515.115.
15. If a homeowner or a renter has custody of a dog classified as dangerous or high risk pursuant to an applicable city ordinance, the homeowner or renter shall have a homeowner’s insurance policy or renter’s insurance policy in an amount that is equal to or greater than the coverage required by the applicable city ordinance.
16. If an insurer deems a policyholder has custody of a dog classified as dangerous or high risk based on sound underwriting and actuarial principles reasonably related to actual or anticipated loss experience, an insurer may do any of the following: a. Refuse to issue or renew the policyholder’s or potential policyholder’s homeowner’s or renter’s insurance policy. b. Charge or impose a reasonable premium or rate increase for the policyholder’s homeowner’s or renter’s insurance policy. c. Cancel the policyholder’s homeowner’s or renter’s insurance policy.
17. Except as otherwise provided in this section, this section does not limit the rights and obligations of an insurer pursuant to an insurance policy’s standards or provisions.
18. The commissioner may adopt rules pursuant to chapter 17A to implement and administer this section. Sec.
19. REPEAL. Section 351.29, Code 2023, is repealed. Sec.
20. EFFECTIVE DATE. The section of this Act enacting section 515.116 takes effect one hundred eighty days after enactment. Sec.
21. APPLICABILITY. The section of this Act enacting section 515.116 applies to all homeowner’s and renter’s insurance policies issued or renewed in the state on or after the effective date of the section of this Act enacting section 515.116.”
22. Title page, by striking lines 1 and 2 and inserting “An Act relating to the ownership of dogs, making penalties applicable, and including effective date and applicability provisions”

Official amendment (PDF) · In the Bill Book