Relating to the ownership of dogs, making penalties applicable, and including effective date and applicability provisions

This bill relates to the ownership of dogs. Under current law, a dog is deemed property if the dog is under six months of age or if the dog is at least six months of age and wearing a collar with a valid rabies vaccination tag attached to the collar. A person is prohibited from owning or having in possession a dog that is at least six months of age if the dog has not been vaccinated against rabies. The bill instead states that a dog is deemed property if the dog is less than four months of age or certain evidence exists to demonstrate ownership. A person is prohibited from owning or having in possession a dog that is at least four months of age if the dog has not been vaccinated for rabies. By operation of law, a person who owns or possesses a dog that is at least four months of age that is not vaccinated against rabies is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855. Under current law, a person may lawfully kill any dog for which a rabies vaccination tag is required when the dog is not wearing a collar with a rabies vaccination tag attached. A peace officer has a duty to kill such a dog within the peace officer’s jurisdiction when the jurisdiction does not otherwise provide for the seizure and impoundment of dogs. If a dog is wearing a collar with a rabies vaccination tag attached, a person may lawfully kill the dog if the dog is chasing, maiming, or killing any domestic animal or fowl, or when the dog is attacking or attempting to bite a person. A dog running at large shall be impounded by a local board of health or law enforcement official if 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. The bill instead authorizes only a peace officer to kill a dog within the peace officer’s respective jurisdiction if such jurisdiction has not otherwise provided for the seizure and impoundment of dogs or, if the jurisdiction has provided for the seizure and impoundment of dogs, no temporary housing can reasonably be secured in or near the jurisdiction. The bill does not authorize a peace officer to kill a dog that is under the control of the owner or an agent of the owner. However, any person may kill a dog that is chasing, maiming, or killing any domestic animal or fowl, or when the dog is attacking or attempting to bite a person, regardless of whether the dog is wearing a collar with a rabies vaccination tag attached. The bill authorizes a designated agent of a local board of health or law enforcement official to impound a dog running at large. The bill prohibits a county or city from adopting, enforcing, or otherwise administering 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, but does not inhibit the authority of a county or city to adopt, enforce, or administer an ordinance, motion, resolution, or amendment that applies to all dogs. The bill requires a homeowner or renter who has custody of a dog classified as dangerous or high risk pursuant to an applicable city ordinance to have a homeowner’s insurance policy or renter’s insurance policy, respectively, in an amount that is equal to or greater than the coverage required by the applicable city ordinance. The bill prohibits an insurer from, based solely on a policyholder or potential policyholder having custody of a dog of a specific breed or mixture of breeds, refusing to issue or renew the policyholder’s or potential policyholder’s homeowner’s or renter’s insurance policy; charging or imposing an increased premium or rate for the policyholder’s or potential policyholder’s policy; or from canceling a policyholder’s homeowner’s or renter’s policy. An insurer is also prohibited from excluding, limiting, restricting, or reducing coverage under a homeowner’s or renter’s policy based solely upon the policyholder having custody of a specified dog. “Custody” is defined in the bill as possessing, keeping, or harboring. If, however, a policyholder has custody of a dog classified as dangerous or high risk pursuant to an applicable city ordinance authorized by the bill, an insurer may, based on sound underwriting and actuarial principles reasonably related to actual or anticipated loss experience determined by rules adopted by the commissioner of insurance, refuse to issue or renew the homeowner’s or renter’s policy. An issuer may also impose a reasonable premium or rate increase or cancel the homeowner’s or renter’s policy. The provisions of the bill relating to insurance policies take effect 180 days after enactment and apply to all homeowner’s and renter’s insurance policies issued or renewed in the state on or after that date.