ARIZONA STATE SENATE

RESEARCH STAFF

MOLLY GRAVER

LEGISLATIVE RESEARCH INTERN

JEFFREY ONG

LEGISLATIVE RESEARCH ANALYST

GOVERNMENT COMMITTEE

Telephone: (602) 926 -3171

TO:                  MEMBERS OF THE SENATE

APPROPRIATIONS COMMITTEE

DATE:            March 22, 2018

SUBJECT:      Strike everything amendment to H.B. 2588, relating to service animals; misrepresentation

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Purpose

Prohibits the misrepresentation of an animal as a service animal.

Background

Current statute prohibits individuals or public entities from discriminating against individuals with disabilities who use service animals. An individual with a disability is a person who has a physical or mental impairment that substantially limits one or more of their major life activities (A.R.S § 11-1024).

A service animal is any dog or miniature horse that is trained to perform work or tasks to benefit an individual with a physical, sensory, psychiatric, intellectual or other mental disability. Any person or public entity that discriminates against individuals who use service animals is guilty of a class 2 misdemeanor (A.R.S. § 11-1024).  

Title III of the Americans with Disabilities Act (ADA) prohibits privately owned businesses that serve the public from discriminating against individuals with disabilities. The ADA specifically requires businesses to allow people with disabilities to bring service animals onto their premises in whatever areas customers are generally allowed, unless the business can demonstrate that making such modifications would fundamentally alter the nature of its goods, services, facilities, privileges, advantages or accommodations.

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

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.

2. Permits a court or hearing officer to impose a civil penalty of $250 on the person misrepresenting an animal as a service animal.

3. Makes technical and conforming changes.

4. Becomes effective on the general effective date.