Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 407 Second Substitute (2018GS)

Sponsor

Rep. Dunnigan, J.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines "assistance animal";
• amends housing and criminal provisions relating to the use of a service animal or an assistance animal; and
• makes technical changes.

Every vote on this bill

Bill text

ASSISTANCE ANIMALS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: 
 Curtis S. Bramble
LONG TITLE
General Description:
This bill amends provisions related to animals that provide support for individuals with
disabilities.
Highlighted Provisions:
This bill:
▸ defines "assistance animal";
▸ amends housing and criminal provisions relating to the use of a service animal or an
assistance animal; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
62A-5b-101
, as enacted by Laws of Utah 2007, Chapter 22
62A-5b-102
, as last amended by Laws of Utah 2011, Chapter 94
62A-5b-103
, as renumbered and amended by Laws of Utah 2007, Chapter 22
62A-5b-104
, as last amended by Laws of Utah 2012, Chapter 389
62A-5b-105
, as renumbered and amended by Laws of Utah 2007, Chapter 22
62A-5b-106
, as renumbered and amended by Laws of Utah 2007, Chapter 22
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
62A-5b-101
 is amended to read:
CHAPTER 5b. RIGHTS AND PRIVILEGES OF AN INDIVIDUAL
WITH A DISABILITY
62A-5b-101.
Title.
This chapter is known as "Rights and Privileges of [
a Person
] 
an Individual
 with a
Disability."
Section 2. Section 
62A-5b-102
 is amended to read:
62A-5b-102.
Definitions.
As used in this chapter:
(1) "Assistance animal" means an animal, other than a service animal, that qualifies as
a reasonable accommodation under federal law for an individual with a disability.
[
(1)
] 
(2)
 "Disability" has the same meaning as defined in 42 U.S.C. 12102 of the
Americans With Disabilities Act of 1990, as may be amended in the future, and 28 C.F.R.
36.104 of the Code of Federal Regulations, as may be amended in the future.
[
(2)
] 
(3)
 "Restaurant":
(a) includes any coffee shop, cafeteria, luncheonette, soda fountain, dining room, or
fast-food service where food is prepared or served for immediate consumption; and
(b) does not include:
(i) any retail establishment whose primary business or function is the sale of fuel or
food items for off-premise, but not immediate, consumption; and
(ii) except for a dinner theater, a theater that sells food items.
[
(3)
] 
(4)
 (a) "Service animal" includes any dog that:
(i) is trained, or is in training, to do work or perform tasks for the benefit of an
individual with a disability, including a physical, sensory, psychiatric, intellectual, or other
mental disability;
(ii) performs work or tasks, or is in training to perform work or tasks, that are directly
related to the individual's disability, including:
(A) assisting an individual who is blind or has low vision with navigation or other
tasks;
(B) alerting an individual who is deaf or hard of hearing to the presence of people or
sounds;
(C) providing non-violent protection or rescue work;
(D) pulling a wheelchair;
(E) assisting an individual during a seizure;
(F) alerting an individual to the presence of an allergen;
(G) retrieving an item for the individual;
(H) providing physical support and assistance with balance and stability to an
individual with a mobility disability; or
(I) helping an individual with a psychiatric or neurological disability by preventing or
interrupting impulsive or destructive behaviors.
(b) "Service animal" does not include:
(i) an animal other than a dog, whether wild or domestic, trained or untrained; or
(ii) an animal used solely to provide:
(A) a crime deterrent;
(B) emotional support;
(C) well-being;
(D) comfort; or
(E) companionship.
Section 3. Section 
62A-5b-103
 is amended to read:
62A-5b-103.
Rights and privileges of an individual with a disability.
(1) [
A person
] 
An individual
 with a disability has the same rights and privileges in the
use of highways, streets, sidewalks, walkways, public buildings, public facilities, and other
public areas as [
a person
] 
an individual
 who is not [
a person
] 
an individual
 with a disability.
(2) [
A person
] 
An individual
 with a disability has equal rights to accommodations,
advantages, and facilities offered by common carriers, including air carriers, railroad carriers,
motor buses, motor vehicles, water carriers, and all other modes of public conveyance in this
state.
(3) [
A person
] 
An individual
 with a disability has equal rights to accommodations,
advantages, and facilities offered by hotels, motels, lodges, and all other places of public
accommodation in this state, and to places of amusement or resort to which the public is
invited.
(4) (a) [
A person
] 
An individual
 with a disability has equal rights and access to public
and private housing accommodations offered for rent, lease, or other compensation in this state.
(b) This chapter does not require a person renting, leasing, or selling private housing or
real property to modify the housing or property in order to accommodate [
a person
] 
an
individual
 with a disability or to provide a higher degree of care for that [
person
] 
individual
than for someone who is not [
a person
] 
an individual
 with a disability.
(c) A person renting, leasing, or selling private housing or real property to [
a person
] 
an
individual
 with a disability shall comply with the provisions of Section 
62A-5b-104
[
, regarding
the right of the person to be accompanied by a service animal specially trained for that
purpose
].
Section 4. Section 
62A-5b-104
 is amended to read:
62A-5b-104.
Right to be accompanied by service animal or assistance animal --
Security deposits -- Discrimination -- Liability -- Identification.
(1) (a) [
A person
] 
An individual
 with a disability has the right to be accompanied by a
service animal, unless the service animal is a danger or nuisance to others as interpreted under
the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102:
(i) in any of the places specified in Section 
62A-5b-103
; and
(ii) without additional charge for the service animal.
(b) This section does not prohibit an owner or lessor of private housing
accommodations from charging a person, including [
a person
] 
an individual
 with a disability, a
reasonable deposit as security for any damage or wear and tear that might be caused by a
service animal 
or assistance animal
 if the owner or lessor would charge a similar deposit to
other persons for potential wear and tear.
(c) An owner or lessor of private housing accommodations may not, in any manner,
discriminate against [
a person
] 
an individual
 with a disability on the basis of the [
person's
]
individual's
 possession of a service animal 
or assistance animal
.
(2) [
A person
] 
An individual
 who is not [
a person
] 
an individual
 with a disability has
the right to be accompanied by an animal that is in training to become a service animal or a
police service canine, as defined in Section 
53-16-102
:
(a) in any of the places specified in Section 
62A-5b-103
; and
(b) without additional charge for the animal.
(3) [
A person
] 
An individual
 with a disability is liable for any loss or damage caused or
inflicted to the premises by the [
person's
] 
individual's
 service animal 
or assistance animal
.
(4) A person accompanied by a service animal is encouraged to identify the animal by
exhibiting one or more of the following:
(a) the animal's laminated identification card;
(b) the animal's service vest; or
(c) another form of identification.
Section 5. Section 
62A-5b-105
 is amended to read:
62A-5b-105.
Policy of state to employ individuals with a disability.
It is the policy of this state that [
a person
] 
an individual
 with a disability shall be
employed in the state service, the service of the political subdivisions of the state, in the public
schools, and in all other employment supported in whole or in part by public funds on the same
terms and conditions as [
a person
] 
an individual
 who is not [
a person
] 
an individual
 with a
disability, unless it is shown that the particular disability prevents the performance of the work
involved.
Section 6. Section 
62A-5b-106
 is amended to read:
62A-5b-106.
Interference with rights provided in this chapter --
Misrepresentation of rights under this chapter.
(1) Any [
person,
] 
individual
 or agent of any [
person
] 
individual
, who denies or
interferes with the rights provided in this chapter is guilty of a class C misdemeanor.
(2) [
A person
] 
An individual
 is guilty of a class B misdemeanor if:
(a) the [
person
] 
individual
 intentionally and knowingly falsely represents to another
person that an animal is a service animal [
as defined in Section 
62A-5b-102
; or
] 
or an
assistance animal;
(b) the [
person
] 
individual
 knowingly and intentionally misrepresents a material fact to
a health care provider for the purpose of obtaining documentation from the health care provider
necessary to designate an animal as a service animal [
as defined in Section 
62A-5b-102
.
] 
or an
assistance animal; or
(c) the individual, except for an individual with a disability, uses an animal to gain
treatment or benefits only provided for an individual with a disability.
(3) This section does not affect the enforceability of any criminal law, including
Subsection 
76-6-501
(2).
Legislative Review Note
Office of Legislative Research and General Counsel