H.B. 194

This document includes House Committee Amendments incorporated into the bill on Mon, Feb 6, 2006 at 11:11 AM by ddonat. --> 1

SERVICE ANIMALS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Paul Ray
5 Senate Sponsor: Allen M. Christensen
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to service animals, including guide dogs, emotional
10 support animals, and search and rescue animals.
11 Highlighted Provisions:
12 This bill:
13 . amends provisions related to attacking dogs by replacing "assistance animal" with
14 "service animal";
15 . amends portions of the Utah Health Code by:
16 . providing definitions;
17 . replacing "blind, visually impaired, hearing impaired, or otherwise physically
18 disabled person" and similar references with "person with a disability";
19 . amending a provision that permits requiring a person to provide identification
20 for a service animal;
21 . encouraging that a mental health therapist be permitted to be accompanied by a
22 psychiatric therapy animal on the same basis that a person with a disability is
23 permitted to be accompanied by a service animal;
24 . amends portions of the Utah Criminal Code by:
25 . amending definitions; and
26 . replacing "assistance animal" with "service animal";
27 . amends portions of the Utah Judicial Code by:

28 . amending definitions; and
29 . replacing "assistance animal" with "service animal";
30 . makes clarifying and conforming changes; and
31 . makes technical corrections.
32 Monies Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 AMENDS:
38 18-1-3, as last amended by Chapter 302, Laws of Utah 2000
39 76-9-307, as enacted by Chapter 302, Laws of Utah 2000
40 78-20-101, as enacted by Chapter 302, Laws of Utah 2000
41 78-20-102, as enacted by Chapter 302, Laws of Utah 2000
42 78-20-103, as enacted by Chapter 302, Laws of Utah 2000
43 RENUMBERS AND AMENDS:
44 62A-5b-101, (Renumbered from 26-30-1, as last amended by Chapter 73, Laws of Utah
45 2001)
46 62A-5b-102, (Renumbered from 26-30-2, as last amended by Chapter 73, Laws of Utah
47 2001)
48 62A-5b-103, (Renumbered from 26-30-3, as last amended by Chapter 73, Laws of Utah
49 2001)
50 62A-5b-104, (Renumbered from 26-30-4, as last amended by Chapter 34, Laws of Utah
51 1986)
52 62A-5b-105, (Renumbered from 26-30-5, as enacted by Chapter 126, Laws of Utah
53 1981)
54
55 Be it enacted by the Legislature of the state of Utah:
56 Section 1. Section 18-1-3 is amended to read:
57 18-1-3. Dogs attacking domestic animals, service animals, hoofed protected
58 wildlife, or domestic fowls.

59 Any person may injure or kill a dog while [it]:
60 (1) the dog is attacking, chasing, or worrying [any]:
61 (a) a domestic animal having a commercial value[, any assistance];
62 (b) a service animal, as defined in Section [ 78-20-101 ,] 62A-5b-102 ; or
63 (c) any species of hoofed protected wildlife[, while];
64 (2) the dog is attacking domestic fowls[,]; or [while]
65 (3) the dog is being pursued [thereafter] for committing an act described in Subsection
66 (1) or (2).
67 Section 2. Section 62A-5b-101 , which is renumbered from Section 26-30-1 is
68 renumbered and amended to read:
69 CHAPTER 5b. RIGHTS AND PRIVILEGES OF A PERSON WITH A DISABILITY
70 [26-30-1]. 62A-5b-101. Definition -- Rights and privileges of a person with a
71 disability.
72 [(1) The blind, visually impaired, hearing impaired, or otherwise physically disabled
73 person]
74 (1) As used in this chapter "disability" has the same meaning as defined in 42 U.S.C.
75 12102 of the Americans With Disabilities Act of 1990, as may be amended in the future, and
76 28 C.F.R. 36.104 of the Code of Federal Regulations, as may be amended in the future.
77 (2) A person with a disability has the same rights and privileges in the use of highways,
78 streets, sidewalks, walkways, public buildings, public facilities, and other public areas as
79 [able-bodied persons] a person who is not a person with a disability.
80 [(2) The blind, visually impaired, hearing impaired, or otherwise physically disabled
81 person]
82 (3) A person with a disability has equal rights to accommodations, advantages, and
83 facilities offered by common carriers, including air carriers, railroad carriers, motor buses,
84 motor vehicles, water carriers, and all other modes of public conveyance in this state.
85 [(3) The blind, visually impaired, hearing impaired, or otherwise physically disabled
86 person]
87 (4) A person with a disability has equal rights to accommodations, advantages, and
88 facilities offered by hotels, motels, lodges, and all other places of public accommodation in this
89 state, and to places of amusement or resort to which the public is invited.

90 [(4) (a) The blind, visually impaired, hearing impaired, or otherwise physically
91 disabled person]
92 (5) (a) A person with a disability has equal rights and access to public and private
93 housing accommodations offered for rent, lease, or other compensation in this state.
94 (b) This chapter does not require a person renting, leasing, or selling private housing or
95 real property to modify the housing or property in order to accommodate a [blind, visually
96 impaired, hearing impaired, or otherwise physically disabled person,] person with a disability
97 or to provide a higher degree of care for that person than for [a person] someone who is not
98 [physically disabled] a person with a disability.
99 (c) A person renting, leasing, or selling private housing or real property to a person
100 [who is blind, visually impaired, hearing impaired, or a person who is otherwise physically
101 disabled,] with a disability shall comply with the provisions of Section [ 26-30-2 ] 62A-5b-102 ,
102 regarding the right of [those persons] the person to be accompanied by a [guide or] service
103 animal specially trained for that purpose.
104 Section 3. Section 62A-5b-102 , which is renumbered from Section 26-30-2 is
105 renumbered and amended to read:
106 [26-30-2]. 62A-5b-102. Right to be accompanied by guide or service animal --
107 Security deposits -- Discrimination -- Animals in training -- Liability -- Identification --
108 Psychiatric therapy animals.
109 [(1) (a) The blind, visually impaired, hearing impaired, or otherwise physically
110 disabled person]
111 (1) As used in this section:
112 (a) "Emotional support animal":
113 (i) means an animal in the possession of a person:
114 (A) with a disability; and
115 (B) with specific documentation from a mental health professional that the animal is
116 needed in a particular location described in Section 62A-5b-101 by the person to address a
117 mental health condition; and
118 (ii) does not include an animal in the possession of a person with a disability in any
119 other location than the particular location described in Subsection (1)(a)(i)(B).
120 (b) "Mental health therapist" has the same meaning as defined in Title 58, Chapter 60,

121 Mental Health Professional Practice Act.
122 (c) "Mental health therapy" has the same meaning as defined in Title 58, Chapter 60,
123 Mental Health Professional Practice Act.
124 (d) "Psychiatric therapy animal" means an animal:
125 (i) specifically trained for use by a mental health therapist in the course of providing
126 mental health therapy to a person with a disability; and
127 (ii) in the possession of a mental health therapist.
128 (e) "Service animal" means:
129 (i) (A) a guide dog;
130 (B) a signal dog; or
131 (C) any other animal individually trained to do work or perform tasks for the benefit of
132 a person with a disability, including:
133 (I) guiding a person with impaired vision;
134 (II) alerting a person with impaired hearing to intruders or sounds;
135 (III) providing minimal protection or rescue work;
136 (IV) pulling a wheelchair, or
137 (V) fetching dropped items;
138 (ii) an emotional support animal; or
139 (iii) an animal in training to become an animal described in Subsection (1)(e)(i) or (ii).
140 (2) (a) A person with a disability has the right to be accompanied by a [guide or]
141 service animal[, as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. 12102,
142 specially trained for that purpose,]:
143 (i) in any of the places specified in Section [ 26-30-1 ] 62A-5b-101; and
144 (ii) without additional charge for the [guide or] service animal.
145 (b) This section does not prohibit an owner or lessor of private housing
146 accommodations from charging a person, including a person with a disability, a reasonable
147 deposit as security for any damage or wear and tear that might be caused [by the] a service
148 animal[.] if the owner or lessor would charge a similar deposit to other persons for potential
149 wear and tear by an animal that is not a service animal.
150 (c) An owner or lessor of private housing accommodations may not, in any manner,
151 discriminate against a [blind, visually impaired, hearing impaired, or otherwise physically

152 disabled person] person with a disability on the basis of the person's possession of a [guide or]
153 service animal [specially trained for that purpose].
154 [(2)] (3) A person[, whether or not the person is blind, visually impaired, hearing
155 impaired, or otherwise physically disabled,] who is not a person with a disability has the right
156 to be accompanied by an animal that is in training to become a [guide or] service animal:
157 (a) in any of the places specified in Section [ 26-30-1 ] 62A-5b-101 ; and
158 (b) without additional charge for the animal.
159 [(3)] (4) A [blind, visually impaired, hearing impaired, or otherwise physically disabled
160 person] person with a disability is liable for any loss or damage caused or inflicted to the
161 premises by the [individual's guide or] person's service animal.
162 [(4) Persons] (5) A person accompanied by a [specially trained guide or] service
163 animal[, or by an animal that is in training to become a guide or service animal, may first be
164 required] is encouraged to identify the animal by exhibiting one or more of the following:
165 (a) the animal's laminated identification card [or other];
166 (b) the animal's service vest; or
167 (c) another form of identification[, before these provisions apply].
168 (6) Owners, operators, and regulators of places described in Section 62A-5b-101 are
169 encouraged to permit a mental health therapist to be accompanied by a psychiatric therapy
170 animal in the course of providing mental health therapy to a person with a disability on the
171 same basis as a person with a disability is permitted to be accompanied by a service animal
172 under this section.
173 Section 4. Section 62A-5b-103 , which is renumbered from Section 26-30-3 is
174 renumbered and amended to read:
175 [26-30-3]. 62A-5b-103. Policy of state to employ persons with a disability.
176 It is the policy of this state that a person [who is blind, visually impaired, and otherwise
177 physically disabled] with a disability shall be employed in the state service, the service of the
178 political subdivisions of the state, in the public schools, and in all other employment supported
179 in whole or in part by public funds on the same terms and conditions as [the able-bodied] a
180 person who is not a person with a disability, unless it is shown that the particular disability
181 prevents the performance of the work involved.
182 Section 5. Section 62A-5b-104 , which is renumbered from Section 26-30-4 is

183 renumbered and amended to read:
184 [26-30-4]. 62A-5b-104. Interference with rights provided in this chapter a
185 class C misdemeanor.
186 Any person, or agent of any person, who denies or interferes with the rights provided in
187 this chapter is guilty of a class C misdemeanor.
188 Section 6. Section 62A-5b-105 , which is renumbered from Section 26-30-5 is
189 renumbered and amended to read:
190 [26-30-5]. 62A-5b-105. Annual "White Cane Safety Day" proclaimed.
191 Each year the governor shall take notice of October [15th] 15 as White Cane Safety
192 Day.
193 Section 7. Section 76-9-307 is amended to read:
194 76-9-307. Injury to service animals -- Penalties.
195 (1) As used in this section:
196 [(a) "Assistance animal" means an animal that is trained or is in training to:]
197 [(i) lead or guide a person who is blind or has a visual disability;]
198 [(ii) assist a person who has a physical disability, including hearing impairment or
199 deafness; or]
200 [(iii) assist a person who has a mental disability.]
201 [(b) "Person with a disability" means a person who is blind, visually impaired, deaf,
202 hearing impaired, or otherwise has a physical or mental disability.]
203 (a) "Disability" has the same meaning as defined in Section 62A-5b-101 .
204 (b) "Search and rescue dog" means a dog:
205 (i) H. [ trained ] with documented training .H to locate persons who are:
206 (A) lost, missing, or injured; or
207 (B) trapped under debris as the result of a natural or man-made event; and
208 (ii) H. [ certified by the National Association for Search and Rescue or a similar nationally
209 recognized ] affiliated with an established search and rescue dog .H organization.
210 (c) "Service animal" means:
211 (i) a service animal as defined in Section 62A-5b-102 ;
212 (ii) a psychiatric therapy animal as defined in Section 62A-5b-102 ; or
213 (iii) a search and rescue dog.

214 (2) It is a class A misdemeanor for a person to knowingly, intentionally, or recklessly
215 cause substantial bodily injury or death to [an assistance] a service animal.
216 (3) It is a class A misdemeanor for a person who owns, keeps, harbors, or exercises
217 control over an animal to knowingly, intentionally, or recklessly fail to exercise sufficient
218 control over the animal to prevent it from causing:
219 (a) any substantial bodily injury or the death of [an assistance] a service animal; or
220 (b) the [assistance] service animal's subsequent inability to function as [an assistance] a
221 service animal as a result of the animal's attacking, chasing, or harassing the [assistance]
222 service animal.
223 (4) It is a class B misdemeanor for a person to chase or harass [an assistance] a service
224 animal.
225 (5) It is a class B misdemeanor for a person who owns, keeps, harbors, or exercises
226 control over an animal to knowingly, intentionally, or recklessly fail to exercise sufficient
227 control over the animal to prevent it from chasing or harassing [an assistance] a service animal
228 while it is carrying out its functions as [an assistance] a service animal, to the extent that the
229 animal temporarily interferes with the [assistance] service animal's ability to carry out its
230 functions.
231 (6) (a) [An assistance] A service animal is exempt from quarantine or other animal
232 control ordinances if it bites any person while it is subject to an offense under Subsection (2),
233 (3), (4), or (5).
234 (b) The owner of the [assistance] service animal or the person with a disability whom
235 the [assistance] service animal serves shall make the animal available for examination at any
236 reasonable time and shall notify the local health officer if the animal exhibits any abnormal
237 behavior.
238 (7) In addition to any other penalty, a person convicted of any violation of this section
239 is liable for restitution to the owner of the [assistance] service animal or the person with
240 [disabilities] a disability whom the [assistance] service animal serves for the replacement,
241 training, and veterinary costs incurred as a result of the violation of this section.
242 (8) If the act committed under this section amounts to an offense subject to a greater
243 penalty under another provision of Title 76, Utah Criminal Code, than is provided under this
244 section, this section does not prohibit prosecution and sentencing for the more serious offense.

245 Section 8. Section 78-20-101 is amended to read:
246 78-20-101. Definitions.
247 As used in this [section] chapter:
248 [(1) "Assistance animal" means an animal that is trained or is in training to:]
249 [(a) lead or guide a person who is blind or has a visual disability;]
250 [(b) assist a person who has a physical disability, including hearing impairment or
251 deafness; or]
252 [(c) assist a person who has a mental disability.]
253 [(2) "Person with a disability" means a person who is blind, visually impaired, deaf,
254 hearing impaired, or otherwise has a physical or mental disability.]
255 (1) "Disability" has the same meaning as defined in Section 62A-5b-101 .
256 (2) "Search and rescue dog" means a dog:
257 (a) H. [ trained ] with documented training .H to locate persons who are:
258 (i) lost, missing, or injured; or
259 (ii) trapped under debris as the result of a natural or man-made event; and
260 (b) H. [ certified by the National Association for Search and Rescue or a similar nationally
261 recognized ] affiliated with an established search and rescue dog .H organization.
262 (3) "Service animal" means:
263 (a) a service animal, as defined in Section 62A-5b-102 ;
264 (b) a psychiatric therapy animal, as defined in Section 62A-5b-102 ; or
265 (c) a search and rescue dog.
266 Section 9. Section 78-20-102 is amended to read:
267 78-20-102. Damages recoverable for harm to or theft of service animal.
268 (1) A person with a disability who uses [an assistance] a service animal, or the owner
269 of [an assistance] a service animal has a cause of action for economic and noneconomic
270 damages against:
271 (a) any person who steals or, without provocation, attacks the [assistance] service
272 animal; and
273 (b) the owner or keeper of any animal that without provocation attacks [an assistance] a
274 service animal due to the owner's or keeper's negligent failure to exercise sufficient control
275 over the animal to prevent the attack.

276 (2) The action authorized by this section maybe brought by a person with a disability
277 who uses the [assistance] service animal, or the owner of the service animal.
278 (3) The measure of economic damages in an action brought under Subsection (1)
279 regarding [an assistance] a service animal that is not returned or is killed or injured due to an
280 unprovoked attack so that the service animal is unable [again] to function again as a service
281 animal includes:
282 (a) the replacement value of an equally trained [assistance] service animal, without any
283 differentiation for the age or experience of the animal;
284 (b) costs and expenses incurred by the person with a disability or the owner, including:
285 (i) costs of temporary replacement assistance services, whether provided by another
286 [assistance] service animal or by a person;
287 (ii) reasonable costs incurred in efforts to recover a stolen service animal; and
288 (iii) court and attorney costs incurred in bringing an action under this section.
289 (4) If the unprovoked attack on a service animal results in injuries from which the
290 animal recovers so it is able to again function as a service animal for the person with a
291 disability, or if the theft of the service animal results in the recovery of the service animal and
292 the animal is again able to function as a service animal for the person with a disability, the
293 measure of economic damages is the costs and expenses incurred by the person with a
294 disability or the owner as a result of the theft of or injury to the service animal, and includes:
295 (a) veterinary medical expenses;
296 (b) costs of temporary replacement assistance services, whether provided by another
297 [assistance] service animal or a person;
298 (c) costs incurred in recovering the [assistance] service animal, such as a reward; and
299 (d) court and attorney costs incurred in bringing an action under this section.
300 Section 10. Section 78-20-103 is amended to read:
301 78-20-103. Limitation on cause of action.
302 A cause of action does not exist under this section if the person with a disability who
303 uses the service animal or the person having custody or supervision of the service animal was
304 committing a civil or criminal trespass at the time of the:
305 (1) theft of, or the chasing or harassment of the service animal by a person who owns
306 or exercises control over the property upon which the trespass is committed; or

307 (2) attack upon, or the chasing or harassment of [an assistance] a service animal by an
308 animal that is currently kept or maintained on the property where the trespass is committed.




Legislative Review Note
as of 1-25-06 11:44 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel