[Oagdu] text of the Arizona legislation

Fri Feb 20 13:20:00 UTC 2015

Marianne,
Thanks for looking up this information. I am glad that it didn't pass!
Deanna

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From: Oagdu [mailto:oagdu-bounces at nfbnet.org] On Behalf Of Marianne Denning via Oagdu
Sent: Thursday, February 19, 2015 1:59 PM
To: Ohio Association of Guide Dog Users List; NAGDU Mailing List, the National Association of Guide Dog Users
Subject: [Oagdu] text of the Arizona legislation

I am pasting the text of the proposed AZ law below.  It has been proposed by rep. Thorp who wants to restrict people from bringing pets into public places and claiming they are service animals.  The main information in this document has numbers at the bottom and the important information is found in 1-10.

Overview
HB 2179 makes a technical change.
Summary of the Proposed Strike-Everything Amendment to HB 2179 The strike-everything amendment to HB 2179 makes numerous changes to statutes related to service animals.

History
The Americans with Disabilities Act (ADA) was signed into law in 1990 to eliminate discrimination against individuals with disabilities. To be protected by the ADA, a person must have a disability, which is defined as:
·         Having a physical or mental impairment that substantially
limits one or more major life activities.
·         Having a history or record of such an impairment.
·         Being perceived by others as having such impairment.
The ADA does not specifically name all of the impairments that are covered.

Under ADA, service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities (revised ADA regulations and state law also permit the use of miniature horses).  State and local governments, businesses and nonprofit organizations that serve the public must allow service animals to accompany people with disabilities in all areas where the public is normally allowed to go.  The ADA requires service animals to be harnessed, leashed or tethered, unless the device would interfere with the service animal’s work or the individual’s disability prevents the use of one of these devices.

Pursuant to ADA, questions about a person’s use of a service animal are limited; staff cannot ask about a person’s disability, require medical documentation, require a special identification card or training documentation for the animal, or ask that the animal demonstrate its ability to perform the work or task.  Staff is limited to asking:
·         Is the dog a service animal required because of a disability?
·         What work or task has the dog been trained to perform?

Arizona Revised Statutes (A.R.S.) § 11-1024 outlines the rights of individuals with disabilities in regards to the use of service animals and generally mirrors the requirements of the ADA.  The statute prohibits discriminating against individuals with disabilities who use service animals if the work or tasks performed by the animal is directly related to the person’s disability.  Statute allows for excluding a service animal from a public place if:
·         The animal poses a direct threat to the safety or health of others.
·         The animal poses an undue burden.
·         The animal fundamentally alters the nature of the:
o  Public place
o  Goods, services or activities provided

The same level of access is provided for service animals in training.
Public places are allowed to prohibit pets, as long as the prohibition does not include service animals or grant rights to one person to bring in a pet when pets would otherwise be excluded.  Service animal handlers are liable for any damage done by a service animal.
Violations of these requirements are a Class 2 misdemeanor.

Provisions
1.      Makes it a petty offense for a person to use an animal with a
harness or leash commonly used for service animals, in order to represent that the animal is a specially trained service animal when the animal has not actually been trained.  Prescribes a penalty of not more than $100.

2.      Establishes a permitting process within the Arizona Department
of Health Services (ADHS) for service animals.

3.      Requires ADHS to issue a permit to an applicant for a service
animal that is trained to assist individuals with disabilities.

4.      Includes a photo of the service animal and the handler on the permit.

5.      Establishes an annual renewal requirement for the permit.

6.      Requires the application form to include a medical
certificate, to be completed by specific healthcare providers, certifying that the applicant has a physical disability.

7.      Requires a service animal in a public place to wear a vest
that displays the permit.

8.      Allows public places that serve to food to exclude service
animals to comply with health codes (state and local). A person operating a public place that serves food may post a sign to prohibit access of a service animal.

9.      Directs ADHS to design signage for public places clarifying
whether service animals are permitted or not.

10.  Requires ADHS to petition the United States Department of Justice to update the rules relating to ADA to comply with state law.

11.  Contains a Legislative Findings section.

12.  Makes technical and conforming changes.

13.

14.

15.  ---------- DOCUMENT FOOTER ---------

16.  Fifty-second Legislature

17.  First Regular Session        2          February 17, 2015

18.

19.  ---------- DOCUMENT FOOTER ---------

--
Marianne Denning, TVI, MA
Teacher of students who are blind or visually impaired
(513) 607-6053

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