Present law prohibits a proprietor, employee, or other person in charge of a place of public accommodation, amusement, or recreation from refusing to allow a blind, physically disabled, or deaf or hard of hearing person to enter the place or to make use of the accommodations provided when the accommodations are available, for the reason that the person is being led or accompanied by a dog guide. Present law requires the dog guide to be under the control of its handler, and prohibits the place from requiring documentation, such as proof that the animal has been certified, trained, or licensed as a dog guide.
Present law also prohibits a proprietor, employee, or other person in charge of such a place from refusing to allow a dog guide trainer to enter the place or to make use of the accommodations provided in the place, when the accommodations are available, for the reason that the trainer is being led or accompanied by a dog guide in training, as long as the dog is wearing a harness and is held on a leash by the trainer, or is held on a leash by the trainer. Additionally, the trainer must also present for inspection credentials issued by an accredited school for training dog guides.
Present law authorizes such a place to ask a person to remove a dog guide or dog guide in training from the premises if the dog is out of control and its handler does not take effective action to control it; or the dog is not housebroken.
Present law provides that a violation of the above provisions is a Class C misdemeanor.
Present law provides that the term "dog guide in training" includes the following:
(1) Dogs being raised for an accredited school for training dog guides, as long as the dog being raised for that purpose is (A) being held on a leash and is under the control of its raiser or trainer, who has available for inspection credentials from the accredited school for which the dog is being raised; and (B) wearing a collar, leash, or other appropriate apparel or device that identifies the dog with the accredited school for which it is being raised; and
(2) The socialization process that occurs with the trainer or raiser prior to the dog's advanced training as long as the process is under the authorization of an accredited school.
This bill makes the following revisions to the present law:
(1) It maintains the provisions in (2) above but rewrites (1) above to limit the definition of a "dog guide in training" to a dog being trained by an employee or puppy raiser from a recognized training agency or school to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability;
(2) It defines "a place of public accommodation, amusement, or recreation" as a place, store, or other establishment, either licensed or unlicensed, that supplies goods or services to the general public, or solicits or accepts the patronage or trade of the general public, or that is supported directly or indirectly by government funds, except that the term excludes certain bona fide private clubs if certain criteria is met;
(3) It authorizes a proprietor, employee, or other person in charge of a place of public accommodation, amusement, or recreation to ask what task the dog guide in training is being trained to perform, and if the trainer is currently engaged in the training of the dog guide;
(4) It provides that a person who utilizes a dog guide for tasks related to the person's disability or a trainer working with a dog guide in training is subject to the same liability for damages caused by the dog as would be applied by the place to a person whose pet causes damages;
(5) It clarifies that a place of public accommodation, amusement, or recreation is not required to provide care or food, or a special location, for a dog guide or dog guide in training;
(6) It removes the provision that authorized a place to ask a person to remove a dog guide or dog guide in training from the premises if the dog is out of control and its handler does not take effective action to control it; or the dog is not housebroken; and
(7) It removes the Class C misdemeanor penalty provision.
MISREPRESENTATION OF SERVICE ANIMAL OR SUPPORT ANIMAL
Under present law, a person commits misrepresentation of a service animal or support animal, a Class B misdemeanor, if the person knowingly does the following:
(1) Fraudulently represents, as a part of a request to maintain a service animal or support animal in residential rental property, that the person has a disability or disability-related need for the use of a service animal or support animal; or
(2) Provides documentation to a landlord that falsely states an animal is a service animal or support animal.
This bill adds that a person also commits the offense of misrepresentation of a service animal or support animal if the person knowingly and fraudulently represents or provides documentation that falsely states that an animal is a service animal or service animal in training to an employee of a public accommodation.
This bill provides that, in addition to penalties attached to the Class B misdemeanor, a person who commits the offense of misrepresentation of a service animal is also required to perform 100 hours of community service for an organization that serves individuals with disabilities, or for another entity or organization, at the discretion of the court, to be completed within six months of an order issued by the court.
ON MARCH 23, 2023, THE HOUSE SUBSTITUTED SENATE BILL 451 FOR HOUSE BILL 165, ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 451, AS AMENDED.
AMENDMENT #1 makes the following changes to this bill:
(1) Authorizes a place of public accommodation, amusement, or recreation to ask a person to remove a dog guide or dog guide in training from the premises if the dog is out of control and its handler does not take effective action to control it; or the dog is not housebroken; and
(2) Clarifies that a violation of this bill, except for the provisions relative to misrepresentations, is a Class C misdemeanor.

Statutes affected:
Introduced: 62-7-112, 39-16-304(b), 39-16-304
Amended with HA0135 -- 03/23/2023: 62-7-112, 39-16-304(b), 39-16-304
Amended with HA0135 -- 04/03/2023: 62-7-112, 39-16-304(b), 39-16-304