This document includes House Committee Amendments incorporated into the bill on Thu, Feb 22, 2018 at 2:07 PM by bbryner.
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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to animals that provide support for individuals with
10 disabilities.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines "assistance animal";
14 ▸ amends housing and criminal provisions relating to the use of a service animal or an
15 assistance animal; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 62A-5b-101, as enacted by Laws of Utah 2007, Chapter 22
24 62A-5b-102, as last amended by Laws of Utah 2011, Chapter 94
25 62A-5b-103, as renumbered and amended by Laws of Utah 2007, Chapter 22
26 62A-5b-104, as last amended by Laws of Utah 2012, Chapter 389
27 62A-5b-105, as renumbered and amended by Laws of Utah 2007, Chapter 22
28 62A-5b-106, as renumbered and amended by Laws of Utah 2007, Chapter 22
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 62A-5b-101 is amended to read:
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34 62A-5b-101. Title.
35 This chapter is known as "Rights and Privileges of [
36 Disability."
37 Section 2. Section 62A-5b-102 is amended to read:
38 62A-5b-102. Definitions.
39 As used in this chapter:
40 (1) "Assistance animal" means an animal, other than a service animal, that qualifies as
41 a reasonable accommodation under federal law for an individual with a disability.
42 [
43 Americans With Disabilities Act of 1990, as may be amended in the future, and 28 C.F.R.
44 36.104 of the Code of Federal Regulations, as may be amended in the future.
45 [
46 (a) includes any coffee shop, cafeteria, luncheonette, soda fountain, dining room, or
47 fast-food service where food is prepared or served for immediate consumption; and
48 (b) does not include:
49 (i) any retail establishment whose primary business or function is the sale of fuel or
50 food items for off-premise, but not immediate, consumption; and
51 (ii) except for a dinner theater, a theater that sells food items.
52 [
53 (i) is trained, or is in training, to do work or perform tasks for the benefit of an
54 individual with a disability, including a physical, sensory, psychiatric, intellectual, or other
55 mental disability;
56 (ii) performs work or tasks, or is in training to perform work or tasks, that are directly
57 related to the individual's disability, including:
58 (A) assisting an individual who is blind or has low vision with navigation or other
59 tasks;
60 (B) alerting an individual who is deaf or hard of hearing to the presence of people or
61 sounds;
62 (C) providing non-violent protection or rescue work;
63 (D) pulling a wheelchair;
64 (E) assisting an individual during a seizure;
65 (F) alerting an individual to the presence of an allergen;
66 (G) retrieving an item for the individual;
67 (H) providing physical support and assistance with balance and stability to an
68 individual with a mobility disability; or
69 (I) helping an individual with a psychiatric or neurological disability by preventing or
70 interrupting impulsive or destructive behaviors.
71 (b) "Service animal" does not include:
72 (i) an animal other than a dog, whether wild or domestic, trained or untrained; or
73 (ii) an animal used solely to provide:
74 (A) a crime deterrent;
75 (B) emotional support;
76 (C) well-being;
77 (D) comfort; or
78 (E) companionship.
79 Section 3. Section 62A-5b-103 is amended to read:
80 62A-5b-103. Rights and privileges of an individual with a disability.
81 (1) [
82 use of highways, streets, sidewalks, walkways, public buildings, public facilities, and other
83 public areas as [
84 (2) [
85 advantages, and facilities offered by common carriers, including air carriers, railroad carriers,
86 motor buses, motor vehicles, water carriers, and all other modes of public conveyance in this
87 state.
88 (3) [
89 advantages, and facilities offered by hotels, motels, lodges, and all other places of public
90 accommodation in this state, and to places of amusement or resort to which the public is
91 invited.
92 (4) (a) [
93 and private 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 [
96 individual with a disability or to provide a higher degree of care for that [
97 than for someone who is not [
98 (c) A person renting, leasing, or selling private housing or real property to [
99 individual with a disability shall comply with the provisions of Section 62A-5b-104[
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102 Section 4. Section 62A-5b-104 is amended to read:
103 62A-5b-104. Right to be accompanied by service animal or assistance animal --
104 Security deposits -- Discrimination -- Liability -- Identification.
105 (1) (a) [
106 service animal, unless the service animal is a danger or nuisance to others as interpreted under
107 the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102:
108 (i) in any of the places specified in Section 62A-5b-103; and
109 (ii) without additional charge for the service animal.
110 (b) Ĥ→ (i) [
111 accommodations Ĥ→ [
112 reasonable deposit as security for any damage or wear and tear that might be caused by a
113 service animal or assistance animal if the owner or lessor would charge a similar deposit to
114 other persons for potential wear and tear.
114a disability who is accompanied by a service animal or an assistance animal, the same security
114b deposit for wear and tear that the owner or lessor charges to other persons who are not
114c accompanied by a service animal or an assistance animal.
114d (ii) An owner or lessor of private housing may not charge an extra fee or deposit for a
114e service or assistant animal. ←Ĥ
115 (c) An owner or lessor of private housing accommodations may not, in any manner,
116 discriminate against [
117 individual's possession of a service animal or assistance animal.
118 (2) [
119 the right to be accompanied by an animal that is in training to become a service animal or a
120 police service canine, as defined in Section 53-16-102:
121 (a) in any of the places specified in Section 62A-5b-103; and
122 (b) without additional charge for the animal.
123 (3) [
124 inflicted to the premises by the [
125 (4) A person accompanied by a service animal is encouraged to identify the animal by
126 exhibiting one or more of the following:
127 (a) the animal's laminated identification card;
128 (b) the animal's service vest; or
129 (c) another form of identification.
130 Section 5. Section 62A-5b-105 is amended to read:
131 62A-5b-105. Policy of state to employ individuals with a disability.
132 It is the policy of this state that [
133 employed in the state service, the service of the political subdivisions of the state, in the public
134 schools, and in all other employment supported in whole or in part by public funds on the same
135 terms and conditions as [
136 disability, unless it is shown that the particular disability prevents the performance of the work
137 involved.
138 Section 6. Section 62A-5b-106 is amended to read:
139 62A-5b-106. Interference with rights provided in this chapter --
140 Misrepresentation of rights under this chapter.
141 (1) Any [
142 interferes with the rights provided in this chapter is guilty of a class C misdemeanor.
143 (2) [
144 (a) the [
145 person that an animal is a service animal [
146 assistance animal;
147 (b) the [
148 a health care provider for the purpose of obtaining documentation from the health care provider
149 necessary to designate an animal as a service animal [
150 assistance animal; or
151 (c) the individual, except for an individual with a disability, uses an animal to gain
152 treatment or benefits only provided for an individual with a disability.
153 (3) This section does not affect the enforceability of any criminal law, including
154 Subsection 76-6-501(2).
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