ARIZONA HOUSE OF REPRESENTATIVES

HB 2588: misrepresentation; service animals

PRIME SPONSOR: Representative Cook, LD 8

BILL STATUS: Chaptered

Abstract

Relating to service animal misrepresentation.

Provisions

1. Prohibits a person from fraudulently misrepresenting an animal as a service animal or service animal in training to a person or entity that operates a public place. (Sec. 1)

2. Allows a court or duly appointed hearing officer to impose a civil penalty of no more than $250 for each violation on the person misrepresenting the animal. (Sec. 1)

3. Makes technical and conforming changes. (Sec. 1)

Current Law

Service animal is defined as any dog or miniature horse that is individually trained or in training to do work or perform tasks for the benefit of an individual with a disability, including physical, sensory psychiatric, intellectual or other mental disability. Service animal does not include other species of animals, whether wild, domestic, trained or untrained.

Public places are allowed to maintain a general no pets policy if: 1) it is not used to exclude service animals and 2) it does not grant rights to any person to bring the person's pet into a public place that otherwise does not permit pets.

Excluding a service animal from a public place is not considered discriminatory if the animal: 1) poses a direct threat to the health or safety of others; 2) fundamentally alters the nature of the public place or the goods, services or activities provided; 3) poses and undue burden; 4) is out of control and the handler does not take effective action to control the animal or 5) is not housebroken. A public place that asks an individual to remove a service animal must give the individual the opportunity to return and obtain goods, services or accommodations without the animal on the premises.

A person or entity operating a public place is prohibited from discriminating against individuals with disabilities who use a service animal if the work performed by the service animal are related to the individual's disability. Violation is Class 2 misdemeanor (4 months/up to $750 plus surcharges) (A.R.S. § 11-1024).

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Fifty-third Legislature                  HB 2588

Second Regular Session                               Version 5: Chaptered

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