ARIZONA
HOUSE OF REPRESENTATIVES
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HB2395: service animals; identification cards |
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PRIME SPONSOR: Representative Thorpe, LD 6 BILL STATUS: Federalism, Property Rights & Public Policy
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Relating to service animal IDs.
Provisions
1. Allows handlers to apply for a service animal ID.
a. Specifies that a service animal ID is not required for a service animal to enter a public place. (Sec. 1)
2. States that when handlers do not have a service animal ID, it does not create a presumption that:
a. An animal is not a service animal; or
b. A handler is not entitled to service animal rights. (Sec. 1)
3. Directs ADOT, on receipt of an application, to issue a service animal ID that contains:
a. A distinguishing identification number;
b. An expiration date;
c. The handler's name and address;
d. The service animal's name, photograph and description;
e. A brief list of the tasks that the service animal was trained to perform;
f. Specified emergency contact information;
g. The statement: "Arizona identification card-trained service animal, not a pet";
h. A statement that the ID must be in plain view on the service animal; and
i. A notice that alerts operators of public places to the statutes relating to service animal rights. (Sec. 2)
4. Requires handlers to use a service animal ID only for identifying a service animal. (Sec. 2)
5. Specifies that service animal IDs are solely for the use and convenience of the applicant for identifying a service animal. (Sec. 2)
7. Requires handlers to provide ADOT with the following when applying for service animal ID:
a. An attestation from the trainer or prescribing doctor that the animal is a service animal;
b. Satisfactory proof of the handler's name and address; and
c. Any other identifying or validating information required by ADOT. (Sec. 2)
8. Requires service animal IDs be distinguishable from nonoperating or driver's licenses. (Sec. 2)
9. States that service animal IDs are valid for the lesser of either five years or the period that the service animal is in service. (Sec. 2)
a. Allows for renewal of the service animal ID. (Sec. 2)
10. Permits ADOT to mail a service animal ID card to a handler's residence on request. (Sec. 2)
11. Requires ADOT to adopt rules for issuing service animal IDs and establishing a fee.
a. States that the intent is for the fee to be the same amount as the nonoperating license fee. (Sec. 2)
12. Defines service animal. (Sec. 2)
13. Makes technical and conforming changes. (Sec. 1)
Current Law
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. A violation is considered a Class 2 misdemeanor (4 months/up to $750 plus surcharges).
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 an undue burden; 4) is out of control and the handler does not take effective action to control the animal; or 5) is not housebroken. Public places can 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.
A 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. A service animal does not include other species of animals, whether wild, domestic, trained or untrained (A.R.S. § 11-1024).
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Fifty-third Legislature HB 2395
Second Regular Session Version 1: Federalism, Property Rights & Public Policy
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