7 LONG TITLE
8 Committee Note:
9 The Business and Labor Interim Committee recommended this bill.
10 General Description:
11 This bill amends provisions related to animals that provide support for individuals with
13 Highlighted Provisions:
14 This bill:
15 ▸ defines terms;
16 ▸ amends housing and criminal provisions relating to the use of a service animal or a
17 support animal;
18 ▸ amends provisions related to liability for an individual training an animal to become
19 a service animal or a police service canine; and
20 ▸ makes technical and conforming changes.
21 Money Appropriated in this Bill:
23 Other Special Clauses:
25 Utah Code Sections Affected:
27 62A-5b-101, as enacted by Laws of Utah 2007, Chapter 22
28 62A-5b-102, as last amended by Laws of Utah 2011, Chapter 94
29 62A-5b-103, as renumbered and amended by Laws of Utah 2007, Chapter 22
30 62A-5b-104, as last amended by Laws of Utah 2012, Chapter 389
31 62A-5b-105, as renumbered and amended by Laws of Utah 2007, Chapter 22
32 62A-5b-106, as renumbered and amended by Laws of Utah 2007, Chapter 22
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 62A-5b-101 is amended to read:
38 62A-5b-101. Title.
39 This chapter is known as "Rights and Privileges of [
41 Section 2. Section 62A-5b-102 is amended to read:
42 62A-5b-102. Definitions.
43 As used in this chapter:
44 (1) "Disability" has the same meaning as defined in 42 U.S.C. 12102 of the Americans
45 With Disabilities Act of 1990, as may be amended in the future, and 28 C.F.R. 36.104 of the
46 Code of Federal Regulations, as may be amended in the future.
55 (i) is trained, or is in training, to do work or perform tasks for the benefit of an
56 individual with a disability, including a physical, sensory, psychiatric, intellectual, or other
57 mental disability; and
58 (ii) performs work or tasks, or is in training to perform work or tasks, that are directly
59 related to the individual's disability, including:
60 (A) assisting an individual who is blind or has low vision with navigation or other
62 (B) alerting an individual who is deaf or hard of hearing to the presence of people or
64 (C) providing non-violent protection or rescue work;
65 (D) pulling a wheelchair;
66 (E) assisting an individual during a seizure;
67 (F) alerting an individual to the presence of an allergen;
68 (G) retrieving an item for the individual;
69 (H) providing physical support and assistance with balance and stability [
71 (I) helping an individual with a psychiatric or neurological disability by preventing or
72 interrupting impulsive or destructive behaviors.
73 (b) "Service animal" does not include:
74 (i) an animal other than a dog, whether wild or domestic, trained or untrained; or
75 (ii) an animal used solely to provide:
76 (A) a crime deterrent;
77 (B) emotional support;
78 (C) well-being;
79 (D) comfort; or
80 (E) companionship.
81 (3) "Support animal" means an animal, other than a service animal, that qualifies as a
82 reasonable accommodation under federal law for an individual with a disability.
83 Section 3. Section 62A-5b-103 is amended to read:
84 62A-5b-103. Rights and privileges of an individual with a disability.
85 (1) [
86 use of highways, streets, sidewalks, walkways, public buildings, public facilities, and other
87 public areas as [
88 (2) [
89 advantages, and facilities offered by common carriers, including air carriers, railroad carriers,
90 motor buses, motor vehicles, water carriers, and all other modes of public conveyance in this
92 (3) [
93 advantages, and facilities offered by hotels, motels, lodges, and all other places of public
94 accommodation in this state, and to places of amusement or resort to which the public is
96 (4) (a) [
97 and private housing accommodations offered for rent, lease, or other compensation in this state.
98 (b) This chapter does not require a person renting, leasing, or selling private housing or
99 real property to modify the housing or property in order to accommodate [
100 individual with a disability or to provide a higher degree of care for that [
101 than for someone who is not [
102 (c) A person renting, leasing, or selling private housing or real property to [
103 an individual with a disability shall comply with the provisions of Section 62A-5b-104[
106 Section 4. Section 62A-5b-104 is amended to read:
107 62A-5b-104. Right to be accompanied by service animal or support animal --
108 Security deposits -- Discrimination -- Liability -- Identification.
109 (1) (a) [
110 service animal, unless the service animal is a danger or nuisance to others as interpreted under
111 the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102:
112 (i) in any of the places specified in Section 62A-5b-103; and
113 (ii) without additional charge for the service animal.
119 (i) may not, in any manner, discriminate against [
120 disability on the basis of the [
121 support animal, including by charging an extra fee or deposit for a service animal or a support
122 animal; and
123 (ii) may recover a reasonable cost to repair damage caused by a service animal or a
124 support animal.
125 (2) [
126 the right to be accompanied by an animal that is in training to become a service animal or a
127 police service canine, as defined in Section 53-16-102:
128 (a) in any of the places specified in Section 62A-5b-103; and
129 (b) without additional charge for the animal.
137 (3) An individual described in Subsection (1) or (2) is liable for any loss or damage the
138 individual's accompanying service animal, support animal, or animal described in Subsection
139 (2) causes or inflicts to the premises of a place specified in Section 62A-5b-103.
140 (4) Nothing in this section prohibits the exclusion, as permitted under federal law, of a
141 service animal or a support animal from a place described in Section 62A-5b-103.
142 Section 5. Section 62A-5b-105 is amended to read:
143 62A-5b-105. Policy of state to employ individuals with a disability.
144 It is the policy of this state that [
145 employed in the state service, the service of the political subdivisions of the state, in the public
146 schools, and in all other employment supported in whole or in part by public funds on the same
147 terms and conditions as [
148 disability, unless it is shown that the particular disability prevents the performance of the work
150 Section 6. Section 62A-5b-106 is amended to read:
151 62A-5b-106. Interference with rights provided in this chapter --
152 Misrepresentation of rights under this chapter.
153 (1) Any [
154 interferes with the rights provided in this chapter is guilty of a class C misdemeanor.
155 (2) [
156 (a) the [
157 person that an animal is a service animal [
159 (b) the [
160 a health care provider for the purpose of obtaining documentation from the health care provider
161 necessary to designate an animal as a service animal [
162 support animal; or
163 (c) the individual, except for an individual with a disability, uses an animal to gain
164 treatment or benefits only provided for an individual with a disability.
165 (3) This section does not affect the enforceability of any criminal law, including
166 Subsection 76-6-501(2).
167 (4) An agent of a protection and advocacy agency, acting in the agent's professional
168 capacity and in compliance with 29 U.S.C. Sec. 794e et seq., 42 U.S.C. Sec. 15041 et seq., and
169 42 U.S.C. Sec. 1801 et seq., is not criminally liable under Subsection (2).