H.B. 43 Support Animals Amendments
| Bill Sponsor:  Rep. Dunnigan, James A. | Floor Sponsor:  Sen. Bramble, Curtis S. |
- Drafting Attorney: Amy L. West
- Fiscal Analyst: Clare Tobin Lence
- Bill Text
- Introduced
- Enrolled (Currently Displayed)
- Introduced
- Related Documents
- Information
- Last Action: 25 Mar 2019, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 14 May 2019
- Session Law Chapter: 190
- Committee Note: The Business and Labor Interim Committee recommended this bill. (15-0-4)
- Sections Affected
Enrolled
Printer FriendlyH.B. 43
1 SUPPORT ANIMALS AMENDMENTS
22019 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: James A. Dunnigan
5Senate Sponsor: Curtis S. Bramble
6
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 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:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
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
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 62A-5b-101 is amended to read:
34CHAPTER 5b. RIGHTS AND PRIVILEGES OF AN INDIVIDUAL WITH A
35DISABILITY
36 62A-5b-101. Title.
37 This chapter is known as "Rights and Privileges of [a Person] an Individual with a
38 Disability."
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.
45 [(2) "Restaurant":]
46 [(a) includes any coffee shop, cafeteria, luncheonette, soda fountain, dining room, or
47fast-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
50food items for off-premise, but not immediate, consumption; and]
51 [(ii) except for a dinner theater, a theater that sells food items.]
52 [(3)] (2) (a) "Service animal" includes any dog that:
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
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
68individual 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 (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) [A person] An individual with a disability has the same rights and privileges in the
84 use of highways, streets, sidewalks, walkways, public buildings, public facilities, and other
85 public areas as [a person] an individual who is not [a person] an individual with a disability.
86 (2) [A person] An individual with a disability has equal rights to accommodations,
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
89 state.
90 (3) [A person] An individual with a disability has equal rights to accommodations,
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
93 invited.
94 (4) (a) [A person] An individual with a disability has equal rights and access to public
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 [a person] an
98 individual with a disability or to provide a higher degree of care for that [person] individual
99 than for someone who is not [a person] an individual with a disability.
100 (c) A person renting, leasing, or selling private housing or real property to [a person]
101 an individual with a disability shall comply with the provisions of Section 62A-5b-104[,
102regarding the right of the person to be accompanied by a service animal specially trained for
103that purpose].
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) [A person] An individual with a disability has the right to be accompanied by 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.
112 [(b) This section does not prohibit an owner or lessor of private housing
113accommodations from charging a person, including a person with a disability, a reasonable
114deposit as security for any damage or wear and tear that might be caused by a service animal if
115the owner or lessor would charge a similar deposit to other persons for potential wear and tear.]
116 [(c)] (b) An owner or lessor of private housing accommodations:
117 (i) may not, in any manner, discriminate against [a person] an individual with a
118 disability on the basis of the [person's] individual's possession of a service animal[.] or a
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) [A person] An individual who is not [a person] an individual with a disability has
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.
128 [(3) A person with a disability is liable for any loss or damage caused or inflicted to the
129premises by the person's service animal.]
130 [(4) A person accompanied by a service animal is encouraged to identify the animal by
131exhibiting one or more of the following:]
132 [(a) the animal's laminated identification card;]
133 [(b) the animal's service vest; or]
134 [(c) another form of identification.]
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 [a person] an individual with a disability [shall be] is
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 [a person] an individual who is not [a person] an individual with a
146 disability, unless it is shown that the particular disability prevents the performance of the work
147 involved.
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 [person] individual, or agent of any [person] individual, who denies or
152 interferes with the rights provided in this chapter is guilty of a class C misdemeanor.
153 (2) [A person] An individual is guilty of a class [B] C misdemeanor if:
154 (a) the [person] individual intentionally and knowingly falsely represents to another
155 person that an animal is a service animal [as defined in Section 62A-5b-102;] or a support
156 animal;
157 (b) the [person] individual knowingly and intentionally misrepresents a material fact to
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 [as defined in Section 62A-5b-102.] or a
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).
2
3
4
5
6
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 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:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
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
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 62A-5b-101 is amended to read:
34
35
36 62A-5b-101. Title.
37 This chapter is known as "Rights and Privileges of [
38 Disability."
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.
45 [
46 [
47
48 [
49 [
50
51 [
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; 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
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 [
68
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
89 state.
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
93 invited.
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[
102
103
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.
112 [
113
114
115
116 [
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.
128 [
129
130 [
131
132 [
133 [
134 [
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
147 involved.
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 [
156 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).
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
| Date | Action | Location | Vote |
| 12/27/2018 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
| 12/28/2018 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
| 12/28/2018 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
| 1/7/2019 | House/ received bill from Legislative Research | Clerk of the House | |
| 1/26/2019 | LFA/ fiscal note sent to sponsor | Clerk of the House | |
| 1/26/2019 | LFA/ fiscal note publicly available | Clerk of the House | |
| 1/28/2019 | House/ 1st reading (Introduced) | House Rules Committee | |
| 1/28/2019 | House/ Rules to 3rd Reading Calendar | House 3rd Reading Calendar for House bills | |
| 1/28/2019 (11:29:09 AM) | House/ 2nd reading | House 3rd Reading Calendar for House bills | |
| 1/28/2019 | House/ received fiscal note from Fiscal Analyst | House 3rd Reading Calendar for House bills | |
| 1/28/2019 (3:48:20 PM) | House/ 3rd reading | House 3rd Reading Calendar for House bills | |
| 1/28/2019 (3:58:09 PM) | House/ passed 3rd reading | Senate Secretary | 72 2 1 |
| 1/28/2019 (3:58:11 PM) | House/ to Senate | Senate Secretary | |
| 1/28/2019 | Senate/ received from House | Waiting for Introduction in the Senate | |
| 1/29/2019 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
| 1/30/2019 | Senate/ to standing committee | Senate Health and Human Services Committee | |
| 2/5/2019 | Senate Comm - Favorable Recommendation | Senate Health and Human Services Committee | 6 0 2 |
| 2/6/2019 (11:18:43 AM) | Senate/ committee report favorable | Senate Health and Human Services Committee | |
| 2/6/2019 (11:18:44 AM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
| 2/13/2019 (3:03:02 PM) | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
| 2/13/2019 (3:05:23 PM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 26 0 3 |
| 2/14/2019 (11:34:37 AM) | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
| 2/14/2019 (11:37:46 AM) | Senate/ passed 3rd reading | Senate President | 29 0 0 |
| 2/14/2019 (11:37:47 AM) | Senate/ signed by President/ returned to House | House Speaker | |
| 2/14/2019 (11:37:48 AM) | Senate/ to House | House Speaker | |
| 2/14/2019 | House/ received from Senate | House Speaker | |
| 2/14/2019 | House/ signed by Speaker/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
| 2/15/2019 | Bill Received from House for Enrolling | Legislative Research and General Counsel / Enrolling | |
| 2/15/2019 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
| 3/22/2019 | Enrolled Bill Returned to House or Senate | Clerk of the House | |
| 3/22/2019 | House/ enrolled bill to Printing | Clerk of the House | |
| 3/22/2019 | House/ received enrolled bill from Printing | Clerk of the House | |
| 3/22/2019 | House/ to Governor | Executive Branch - Governor | |
| 3/25/2019 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings