7 LONG TITLE
8 General Description:
9 This bill amends provisions related to animals that provide support for individuals with
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ amends housing and criminal provisions relating to the use of a service animal or a
15 support animal;
16 ▸ amends provisions related to liability for an individual training an animal to become
17 a service animal or a police service canine; and
18 ▸ makes technical and conforming changes.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 62A-5b-101, as enacted by Laws of Utah 2007, Chapter 22
26 62A-5b-102, as last amended by Laws of Utah 2011, Chapter 94
27 62A-5b-103, as renumbered and amended by Laws of Utah 2007, Chapter 22
28 62A-5b-104, as last amended by Laws of Utah 2012, Chapter 389
29 62A-5b-105, as renumbered and amended by Laws of Utah 2007, Chapter 22
30 62A-5b-106, as renumbered and amended by Laws of Utah 2007, Chapter 22
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 62A-5b-101 is amended to read:
36 62A-5b-101. Title.
37 This chapter is known as "Rights and Privileges of [
39 Section 2. Section 62A-5b-102 is amended to read:
40 62A-5b-102. Definitions.
41 As used in this chapter:
42 (1) "Disability" has the same meaning as defined in 42 U.S.C. 12102 of the Americans
43 With Disabilities Act of 1990, as may be amended in the future, and 28 C.F.R. 36.104 of the
44 Code of Federal Regulations, as may be amended in the future.
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; and
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
60 (B) alerting an individual who is deaf or hard of hearing to the presence of people or
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 [
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 (3) "Support animal" means an animal, other than a service animal, that qualifies as a
80 reasonable accommodation under federal law for an individual with a disability.
81 Section 3. Section 62A-5b-103 is amended to read:
82 62A-5b-103. Rights and privileges of an individual with a disability.
83 (1) [
84 use of highways, streets, sidewalks, walkways, public buildings, public facilities, and other
85 public areas as [
86 (2) [
87 advantages, and facilities offered by common carriers, including air carriers, railroad carriers,
88 motor buses, motor vehicles, water carriers, and all other modes of public conveyance in this
90 (3) [
91 advantages, and facilities offered by hotels, motels, lodges, and all other places of public
92 accommodation in this state, and to places of amusement or resort to which the public is
94 (4) (a) [
95 and private housing accommodations offered for rent, lease, or other compensation in this state.
96 (b) This chapter does not require a person renting, leasing, or selling private housing or
97 real property to modify the housing or property in order to accommodate [
98 individual with a disability or to provide a higher degree of care for that [
99 than for someone who is not [
100 (c) A person renting, leasing, or selling private housing or real property to [
101 an individual with a disability shall comply with the provisions of Section 62A-5b-104[
104 Section 4. Section 62A-5b-104 is amended to read:
105 62A-5b-104. Right to be accompanied by service animal or support animal --
106 Security deposits -- Discrimination -- Liability.
107 (1) (a) [
108 service animal, unless the service animal is a danger or nuisance to others as interpreted under
109 the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102:
110 (i) in any of the places specified in Section 62A-5b-103; and
111 (ii) without additional charge for the service animal.
117 (i) may not, in any manner, discriminate against [
118 disability on the basis of the [
119 support animal, including by charging an extra fee or deposit for a service animal or a support
120 animal; and
121 (ii) may recover a reasonable cost to repair damage caused by a service animal or a
122 support animal.
123 (2) [
124 the right to be accompanied by an animal that is in training to become a service animal or a
125 police service canine, as defined in Section 53-16-102:
126 (a) in any of the places specified in Section 62A-5b-103; and
127 (b) without additional charge for the animal.
135 (3) An individual described in Subsection (1) or (2) is liable for any loss or damage the
136 individual's accompanying service animal, support animal, or animal described in Subsection
137 (2) causes or inflicts to the premises of a place specified in Section 62A-5b-103.
138 (4) Nothing in this section prohibits the exclusion, as permitted under federal law, of a
139 service animal or a support animal from a place described in Section 62A-5b-103.
140 Section 5. Section 62A-5b-105 is amended to read:
141 62A-5b-105. Policy of state to employ individuals with a disability.
142 It is the policy of this state that [
143 employed in the state service, the service of the political subdivisions of the state, in the public
144 schools, and in all other employment supported in whole or in part by public funds on the same
145 terms and conditions as [
146 disability, unless it is shown that the particular disability prevents the performance of the work
148 Section 6. Section 62A-5b-106 is amended to read:
149 62A-5b-106. Interference with rights provided in this chapter --
150 Misrepresentation of rights under this chapter.
151 (1) Any [
152 interferes with the rights provided in this chapter is guilty of a class C misdemeanor.
153 (2) [
154 (a) the [
155 person that an animal is a service animal [
157 (b) the [
158 a health care provider for the purpose of obtaining documentation from the health care provider
159 necessary to designate an animal as a service animal [
160 support animal; or
161 (c) the individual, except for an individual with a disability, uses an animal to gain
162 treatment or benefits only provided for an individual with a disability.
163 (3) This section does not affect the enforceability of any criminal law, including
164 Subsection 76-6-501(2).
165 (4) An agent of a protection and advocacy agency, acting in the agent's professional
166 capacity and in compliance with 29 U.S.C. Sec. 794e et seq., 42 U.S.C. Sec. 15041 et seq., and
167 42 U.S.C. Sec. 1801 et seq., is not criminally liable under Subsection (2).