Bill Text: AZ HB2255 | 2016 | Fifty-second Legislature 2nd Regular | Chaptered
Bill Title: Service animals; licensing; fee waiver
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-04-05 - Chapter 99 [HB2255 Detail]
Download: Arizona-2016-HB2255-Chaptered.html
|
House Engrossed |
|
State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
|
|
CHAPTER 99
|
|
HOUSE BILL 2255 |
|
|
AN ACT
Amending sections 9‑500.32, 11‑1008 and 11‑1024, Arizona Revised Statutes; relating to animal control.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-500.32, Arizona Revised Statutes, is amended to read:
9-500.32. License fees for dogs; prohibition; violation; classification
A. A city or town may not charge an individual who has a disability and who uses a service animal as defined in section 11‑1024, a person that trains a service animal as defined in section 11‑1024 or an individual who uses a search or and rescue dog a license fee for that dog.
B. An applicant for a license for a search or and rescue dog shall provide adequate proof satisfactory to the enforcement agent that the dog is a search or and rescue dog.
C. An applicant for a license for a service animal shall sign a written statement that the dog is a service animal as defined in section 11‑1024. A person who makes a false statement pursuant to this subsection is guilty of a petty offense, and is subject to a fine that shall does not exceed fifty dollars. The statement to be signed shall be substantially in the following form:
By signing this document, I declare that the dog to be licensed is a service animal as defined in section 11‑1024, Arizona Revised Statutes, and I understand that a person who makes a false statement pursuant to section 9‑500.32, Arizona Revised Statutes, is guilty of a petty offense, and is subject to a fine that does not exceed fifty dollars.
Sec. 2. Section 11-1008, Arizona Revised Statutes, is amended to read:
11-1008. License fees for dogs; issuance of dog tags; exception; violation; classification
A. The board of supervisors of each county may set a license fee that shall be paid for each dog three months of age or over older that is kept, harbored or maintained within the boundaries of the this state for at least thirty consecutive days of each calendar year. License fees shall become payable at the discretion of the board of supervisors of each county. The licensing period shall not exceed the period of time for revaccination as designated by the state veterinarian. License fees shall be paid within ninety days to the board of supervisors. A penalty fee of two dollars shall be paid if the license application is made less than one year subsequent to after the date on which the dog is required to be licensed under this article. If the license application is made one year or later from the date on which the dog is required to be licensed, an additional penalty fee of ten dollars shall be paid for each subsequent year up to a maximum of twenty‑two dollars. This penalty shall not be assessed against applicants who provide adequate proof that the dog to be licensed has been in their possession in Arizona this state less than thirty consecutive days.
B. If the board of supervisors adopts a license fee, the board shall provide durable dog tags. Each dog licensed under the terms of this article shall receive, at the time of licensing, such a tag on which shall be inscribed the name of the county, the number of the license and the year in which it expires. The tag shall be attached to a collar or harness that shall be worn by the dog at all times, except as otherwise provided in this article. Whenever a dog tag is lost, a duplicate replacement tag shall be issued on application by the owner and payment of a fee established by the board of supervisors.
C. The board of supervisors may set license fees that are lower for dogs permanently incapable of procreation. An applicant for a license for a dog claimed to be incapable of procreation shall provide adequate proof satisfactory to the county enforcement agent that such the dog has been surgically altered to be permanently incapable of procreation.
D. All fees and penalties shall be deposited in the rabies control fund pursuant to section 11‑1011.
E. Any person who knowingly fails within fifteen days after written notification from the county enforcement agent to obtain a license for a dog required to be licensed, counterfeits an official dog tag, removes such tag from any dog for the purpose of intentional and malicious mischief or places a dog tag upon on a dog unless the tag was issued for that particular dog is guilty of a class 2 misdemeanor.
F. Notwithstanding subsection A of this section, the board of supervisors of each county may not charge an individual who has a disability and who uses a service animal as defined in section 11‑1024, a person that trains a service animal as defined in section 11‑1024 or an individual who uses a search or and rescue dog a license fee for that dog. An applicant for a license for a:
1. Search or and rescue dog shall provide adequate proof satisfactory to the county enforcement agent that the dog is a search or and rescue dog.
2. Service animal shall sign a written statement that the dog is a service animal as defined in section 11‑1024. A person who makes a false statement pursuant to this paragraph is guilty of a petty offense, and is subject to a fine that shall does not exceed fifty dollars. The statement to be signed shall be substantially in the following form:
By signing this document, I declare that the dog to be licensed is a service animal as defined in section 11‑1024, Arizona Revised Statutes, and I understand that a person who makes a false statement pursuant to section 11‑1008, Arizona Revised Statutes, is guilty of a petty offense, and is subject to a fine that does not exceed fifty dollars.
Sec. 3. Section 11-1024, Arizona Revised Statutes, is amended to read:
11-1024. Service animals; rights of individuals with disabilities; violation; classification; definitions
A. Any person or entity that operates a public place shall not discriminate against individuals with disabilities who use service animals if the work or tasks performed by the service animal are directly related to the individual's disability. Work or tasks include assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities and helping individuals with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well‑being, comfort or companionship do not constitute work or tasks.
B. It is not discriminatory to exclude a service animal from a public place if one or more of the following apply:
1. The animal poses a direct threat to the health or safety of others.
2. The animal fundamentally alters the nature of the public place or the goods, services or activities provided.
3. The animal poses an undue burden.
C. Public places may maintain a general no pets policy if it is not used to exclude service animals and if it does not grant rights to any person to bring the person's pet into a public place that otherwise does not permit pets.
D. A service animal handler is liable for any damage done to a public place by the service animal or service animal in training.
E. Any trainer or individual with a disability may take an animal being trained as a service animal to a public place for purposes of training it to the same extent as provided in subsections A, B and C of this section.
F. A zoo or wild animal park may prohibit a service animal, including a dog guide or service dog, from any area of the zoo or wild animal park where the service animal may come into direct contact with the animals contained in the zoo or wild animal park. Service animals shall not be excluded from public walkways or sidewalks or from any area that allows for physical barriers between the service animals, dog guides or service dogs and the animals in the zoo or wild animal park. Any zoo or wild animal park that prohibits dog guides and service dogs shall provide without cost adequate facilities for the temporary confinement of dog guides and service dogs. The facilities shall be adequate to accommodate the anticipated attendance of legally blind, or deaf persons or persons with physical disabilities, shall be in an area not accessible to the general public, shall provide water for the dog guides and service dogs and shall otherwise be safe, clean and comfortable. The zoo or wild animal park on request by a legally blind person who is required to leave that person's dog guide or service dog pursuant to this subsection shall provide a sighted escort if the legally blind person is unaccompanied by a sighted person.
G. The driver of a vehicle approaching a legally blind pedestrian who is carrying a cane that is predominately white or metallic in color, who is using a service animal or who is assisted by a sighted person shall yield the right‑of‑way and take reasonable precautions to avoid injury to the pedestrian and the service animal. The pedestrian has the same rights as any other person whether or not the pedestrian is carrying the cane, using a service animal or being assisted by a sighted person. Drivers shall take the same precautions with respect to pedestrians who have a disability other than blindness and their service animals. A driver who violates this subsection is liable for damages for any injury caused to the pedestrian or the service animal.
H. Any person or entity that violates subsections subsection A, through B, C, D, E, F or G of this section is guilty of a class 2 misdemeanor.
I. This section is not intended to affect any civil remedies available for a violation of this section.
J. For the purposes of this section:
1. "Direct threat to the health or safety of others" means that a significant risk to the health or safety of others exists and cannot be eliminated by modification of policies, practices or procedures or by the provision of auxiliary aids or services.
2. "Discriminate" means discriminatory actions prescribed in section 41‑1492.02 and includes:
(a) Refusing to permit an individual with a disability to enter a public place with a service animal or interfering with the individual's right to enter or use the public place.
(b) Failing to provide an individual with a disability the same services and access to the same areas of the premises as afforded to others.
(c) Attempting to impose a charge, fee or deposit because an individual with a disability is accompanied by a service animal.
(d) Requiring an individual with a disability to disclose disability related information. However, a public accommodation may ask if the animal is a service animal being used because of a disability.
(e) Requiring provision of identification for the service animal.
3. "Individual with a disability" means an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of the individual.
4. "Public place" means any office or place of business or recreation to which the general public is invited, whether operated by a public or private entity and includes all forms of conveyance, including taxis, tow trucks and ambulances.
5. "Service animal" means 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 a physical, sensory, psychiatric, intellectual or other mental disability. Service animal does not include other species of animals, whether wild or domestic or trained or untrained.
6. "Wild animal park" means an entity that is open to the public on a regular basis, that is licensed by the United States department of agriculture as an exhibit and that is operating primarily to conserve, propagate and exhibit wild and exotic animals.
APPROVED BY THE GOVERNOR APRIL 5, 2016.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 6, 2016.
