A bill for an act relating to assistance animals and service animals in housing, service animals and servic...
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SF 341 — A bill for an act relating to assistance animals and service animals in housing, service animals and service-animals-in-training in public accommodations, and misrepresentation of an animal as a service animal or a service-animal-in-training, providing penalties, and including effective date and applicability provisions. (Formerly SF 63.) Various effective dates; see section 9 of bill.
Last action — Signed by Governor.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 21, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
Not enough signal yet to read this bill's trajectory — we surface a likelihood only once there's real movement (stage, sponsorship, committee, or votes) to point to.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
25 added · 154 removed25 line(s) added, 154 removed.
Senate File 341 - IntroducedEnrolled SENATESenate FILEFile 341 BYAN COMMITTEEACT ONRELATING VETERANS AFFAIRS (SUCCESSOR TO SFASSISTANCE 63)ANIMALS AAND BILLSERVICE FORANIMALS AnIN ActHOUSING, relatingSERVICE toANIMALS assistanceAND animalsSERVICE-ANIMALS-IN-TRAINING andIN servicePUBLIC animalsACCOMMODATIONS, inAND housing,MISREPRESENTATION serviceOF animalsAN andANIMAL service-animals-in-trainingAS inA publicSERVICE accommodations,ANIMAL andOR misrepresentationA ofSERVICE-ANIMAL-IN-TRAINING, anPROVIDING animalPENALTIES, asAND aINCLUDING serviceEFFECTIVE animalDATE orAND aAPPLICABILITY service-animal-in-training,PROVISIONS. providing penalties, and including effective date and applicability provisions.
TLSBSection 1035SV1. (2) 88 asf/jh S.F.
341 Section 1.
2.Senate File 341, p.
2 2.
A licensee under chapter 148, 148C, 152, 154B, 154C, or 154D whose assistance is requested by a patient or client seeking a finding that an assistance animal or service animal as defined in section 216.8B, subsection 1, is a reasonable accommodation in housing shall make a written finding regarding whether the patient or client has a disability and, if a LSBdisability 1035SVis (2)found, 88a -1-separate asf/jhwritten 1/9finding S.F.regarding whether the need for an assistance animal or service animal is related to the disability.
341 disability is found, a separate written finding regarding whether the need for an assistance animal or service animal is related to the disability.
The form must contain only two questions regarding the qualifications of the patient or client,Senate whichFile shall341, bep. whether a person has a disability and whether the need for an assistance animal or service animal is related to the disability.
3 client, which shall be whether a person has a disability and whether the need for an assistance animal or service animal is related to the disability.
A landlord may deny a request for an exception to a pet policy if a person, who does not have a readily apparent disability, or a disability known to the landlord, fails LSBto 1035SVprovide (2)documentation 88indicating -2-that asf/jhthe 2/9person S.F.has a disability and the person has a disability-related need for an assistance animal or service animal.
341 to provide documentation indicating that the person has a disability and the person has a disability-related need for an assistance animal or service animal.
III of the federal Americans with Disabilities Act of 1990, 42 U.S.C.Senate File 341, p.
4 U.S.C.
LSB1. 1035SV (2) 88 -3- asf/jh 3/9 S.F.
341 1.
(1) For the purpose of obtaining any of the rights or privilegesSenate setFile forth341, inp. state or federal law, the person intentionally misrepresents an animal in one’s possession as one’s service animal or service-animal-in-training or a person with a disability’s service animal or service-animal-in-training whom the person is assisting by LSB 1035SV (2) 88 -4- asf/jh 4/9 S.F.
3415 privileges set forth in state or federal law, the person intentionally misrepresents an animal in one’s possession as one’s service animal or service-animal-in-training or a person with a disability’s service animal or service-animal-in-training whom the person is assisting by controlling.
Sec.Senate File 341, p.
6 Sec.
Section 717F.1, subsection 2, Code 2019, is amended LSBto 1035SVread (2)as 88follows: -5- asf/jh 5/9 S.F.
341 to read as follows:
EXPLANATION______________________________ The______________________________ inclusionCHARLES ofSCHNEIDER thisLINDA explanationUPMEYER doesPresident notof constitutethe agreementSenate withSpeaker of the explanation’sHouse substanceI byhereby thecertify membersthat ofthis bill originated in the generalSenate assembly.and is known as Senate File 341, Eighty-eighth General Assembly.
This______________________________ billW. relates to assistance animals and service animals in housing and misrepresentation of an animal as a service animal or a service-animal-in-training, provides penalties, and includes effective date and applicability provisions.
TheCHARLES billSMITHSON createsSecretary newof Codethe sectionSenate 216.8B,Approved titled_______________, “Assistance2019 animals______________________________ andKIM serviceREYNOLDS animalsGovernor in housing —— penalty”.
The new Code section provides definitions for assistance animal and service animal by referencing federal law and provides that a landlord shall waive lease restrictions on the keeping of LSB 1035SV (2) 88 -6- asf/jh 6/9 S.F.
341 animals for the assistance animal or service animal of a person with a disability.
It also provides that a renter is liable for damage done to any dwelling by an assistance animal or service animal.
Finally, the new Code section provides that a person commits a simple misdemeanor if a person knowingly denies or interferes with the right of a person with a disability under the Code section.
A simple misdemeanor is punishable by confinement of no more than 30 days or a fine of at least $65 but no more than $625 or by both.
The bill provides that if a person violates Code section 216.8B, it shall constitute an unfair practice or discriminatory practice as defined in Code section 216.2.
The bill creates new Code section 216.8C, titled “Finding of disability and need for an assistance animal or service animal in housing”.
The bill provides a process for a patient or client to request the assistance of a professional licensed under certain chapters of the Code in finding that the individual is a person with a disability who needs an assistance animal or service animal as a reasonable accommodation in housing.
The bill provides that the licensee shall not make a finding unless the licensee has met with the patient or client in person or by telemedicine;
the licensee is sufficiently familiar with the patient or client and the disability;
and the licensee is legally and professionally qualified to make the finding.
The bill provides the licensee shall make a written finding regarding whether the patient or client has a disability, and if a disability is found, a separate written finding regarding whether the need for an assistance animal or service animal is related to the disability.
The bill requires the Iowa civil rights commission, in consultation with the consumer protection division of the office of the attorney general, to adopt rules regarding the making of a written finding by licensees.
The rules must include a form for licensees to document the licensee’s LSB 1035SV (2) 88 -7- asf/jh 7/9 S.F.
341 written finding, recite the requirements of new Code section 216.8C, and comply with the federal Fair Housing Act and the federal Rehabilitation Act of 1973.
The bill provides that the commission may adopt emergency rules.
Show all 63 changed lines (23 more)
New Code section 216.8C applies once rules are adopted.
The bill provides that prior to the adoption of the rules and creation of a licensee’s written findings form, a renter seeking an assistance animal or service animal as a reasonable accommodation shall otherwise demonstrate pursuant to state or federal law that the person has a disability and that the person has a disability-related need for an assistance animal or service animal.
Within new Code section 216.8C, the bill also provides that a landlord may deny a request for an exception to a pet policy if a person, who does not have a readily apparent disability, or a disability known to the landlord, fails to provide documentation indicating that the person has a disability or a disability-related need for an assistance animal or service animal.
The bill amends Code chapter 216C.
The bill adds a Code chapter definition of disability that is similar to the definition in Code section 216.2(5).
The bill adds a Code chapter definition of service animal by referencing federal law.
The bill adds a Code chapter definition of service-animal-in-training.
The bill amends Code section 216C.11.
It changes the title of the Code section from “Service dogs and assistive animals” to “Service animals and service-animals-in-training —— penalty”.
The bill moves a housing provision relating to landlords and tenants from Code section 216C.11 to new Code section 216.8B.
The bill changes the right in Code section 216C.11 to take animals to places listed in Code sections 216C.3 and 216C.4 to include service animals and service-animals-in-training and removes the right to take service dogs and assistive animals.
In Code section 216C.11, the bill criminalizes the LSB 1035SV (2) 88 -8- asf/jh 8/9 S.F.
341 intentional misrepresentation of an animal as a service animal or a service-animal-in-training.
A person commits this public offense if all of the following elements are established:
for the purpose of obtaining any of the rights or privileges set forth in state or federal law, the person intentionally misrepresents an animal in one’s possession as one’s service animal or service-animal-in-training or a person with a disability’s service animal or service-animal-in-training whom the person is assisting by controlling;
the person was previously given a written or verbal warning regarding the fact it is illegal to intentionally misrepresent an animal as a service animal or a service-animal-in-training;
and the person knows that the animal in question is not a service animal or a service-animal-in-training.
The new public offense is a simple misdemeanor.
A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but no more than $625 or by both.
The bill creates new Code section 216C.12, which is titled “Immunity from liability for injury or damage caused by service animals and service-animals-in-training”.
The bill provides Code section definitions for “owner” and “real property”.
The bill provides that an owner is not liable for any injury or damage caused by a service animal or service-animal-in-training if the owner believes in good faith that the animal is a service animal or a service-animal-in-training and the person using the animal is a person with a disability, a person assisting a person with a disability by controlling a service animal or a service-animal-in-training, or a person training a service-animal-in-training and the injury or damage is not caused by the owner’s negligence, recklessness, or willful misconduct.
LSB 1035SV (2) 88 -9- asf/jh 9/9
Show all 63 changed rows (23 more)
Action History
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Signed by Governor.
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Reported correctly enrolled, signed by President and Speaker, and sent to Governor.
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Message from House.
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Immediate message.
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Passed House, yeas 99 nays none.
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Fiscal note.
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Committee report, recommending passage.
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Subcommittee recommends passage.
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Subcommittee Meeting: 03/25/2019 1:30PM House Lounge.
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Subcommittee: Landon, Judge and Sorensen.
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Read first time, referred to Commerce.
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Message from Senate.
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Immediate message.
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Passed Senate, yeas 49, nays 0.
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Committee report, approving bill.
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Introduced, placed on calendar.
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 0 co-sponsors · 148 not signed on
Sponsors (0)
None.
Co-sponsors (0)
None.
Not signed on (148)
148 members have not signed on to this bill.
Show all 148 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What is the current status of SF 341?
- This bill has been enacted into law. Introduced February 21, 2019. Enacted.
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