00 SENATE CS FOR CS FOR HOUSE BILL NO. 170(JUD) 01 "An Act relating to interference with the rights of physically and mentally 02 challenged persons; and relating to service animals during their pre-training and 03 training period." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.76.130 is amended to read: 06 Sec. 11.76.130. Interference with rights of physically or mentally 07 challenged [DISABLED] person. (a) A person commits the crime of interference 08 with the rights of a physically or mentally challenged [DISABLED] person if the 09 person intentionally prevents or restricts 10 (1) a physically or mentally challenged [DISABLED] person from 11 having full and free pedestrian use of a street, highway, sidewalk, walkway, or other 12 thoroughfare [,] to the same extent that any other person has a right to pedestrian use; 13 or 14 (2) a physically or mentally challenged [DISABLED] person from 01 being accompanied or assisted by a certified service animal, without an extra charge 02 for the service animal, in a common carrier, place of public accommodation, or other 03 place to which the general public is invited [,] except as provided in (b) of this section. 04 (b) A physically or mentally challenged [DISABLED] person who is 05 accompanied or assisted by a certified service animal in a common carrier, place of 06 public accommodation, or other place to which the general public is invited [,] is liable 07 for property damage done by the animal. 08 (c) In this section , 09 (1) "certified service animal" means an animal that is wearing 10 identification issued by the Department of Health and Social Services under 11 AS 47.80.350 that indicates that the animal is trained to assist a physically or 12 mentally challenged [DISABLED] person [AND CERTIFIED BY A SCHOOL OR 13 TRAINING FACILITY FOR SERVICE ANIMALS AS HAVING COMPLETED 14 SUCH TRAINING]; 15 (2) "physically or mentally challenged [DISABLED]" means 16 physically or mentally disabled, as defined [HAS THE MEANING GIVEN] in 17 AS 18.80.300. 18 (d) Interference with the rights of a physically or mentally challenged 19 [DISABLED] person is a class B misdemeanor. 20 * Sec. 2. AS 11.76 is amended by adding a new section to read: 21 Sec. 11.76.133. Interference with the training of a service animal. (a) A 22 person commits the crime of interference with the training of a service animal if the 23 person intentionally prevents or restricts a person who is authorized to train service 24 animals from being accompanied by an animal that is identified as being in training 25 to be a service animal, or assesses an extra charge because of the animal, in a public 26 facility, except as provided in (b) and (c) of this section. 27 (b) An authorized trainee who is accompanied by an animal identified as being 28 in training to be a service animal in a public facility is liable for property damage done 29 by the animal. 30 (c) It is an affirmative defense to a prosecution under this section that 31 (1) the person accompanied by the animal identified as being in training 01 to be a service animal did not, when requested by the defendant, show identification 02 indicating that the person was authorized to train service animals; or 03 (2) the defendant prevented entry into the facility or caused the trainer 04 and the animal to leave or be removed from the facility based on unruly or disruptive 05 conduct of the animal that created 06 (A) a substantial risk of imminent physical injury to a person 07 other than the trainer; or 08 (B) an atmosphere that made regular activities by other persons 09 in the facility substantially more difficult than usual. 10 (d) In this section, 11 (1) "authorized" means having identification issued by the Department 12 of Health and Social Services under AS 47.80.350 that indicates that the person is 13 certified to train service animals; 14 (2) "identified as being in training" means wearing identification issued 15 by the Department of Health and Social Services under AS 47.80.350 that identifies 16 the animal as being in training to be a service animal; 17 (3) "public facility" means a capital improvement owned, operated, or 18 occupied by, or a mode of transportation owned or operated by, the state, a public 19 corporation of the state, the University of Alaska, a political subdivision of the state, 20 or a regional educational attendance area. 21 (e) Interference with the training of a service animal is a violation. 22 * Sec. 3. AS 47.80 is amended by adding a new section to read: 23 Article 5A. Service Animals. 24 Sec. 47.80.350. Certification program for service animals and their 25 trainers. (a) The department shall develop a program under which the department 26 will issue to an individual a form of identification that indicates that 27 (1) the individual may train service animals; 28 (2) an animal specified by the individual is a certified service animal; 29 or 30 (3) an animal specified by the individual is certified as being in training 31 to be a service animal. 01 (b) The department may, by regulation, establish minimum standards that must 02 be met by an applicant before identification is issued under this section. The standards 03 may provide that an individual or animal that is certified by another entity approved 04 by the department is entitled to the identification issued by the department. 05 (c) The identification issued under this section for an animal must be in a form 06 that can be exhibited on the animal. 07 (d) The department may charge an application fee under this section and a fee 08 for each identification issued under this section. The total fees charged under this 09 section in a fiscal year may not exceed the cost to the department of administering this 10 section during the fiscal year. 11 (e) In this section, "service animal" means an animal trained to assist a 12 physically or mentally disabled person, as defined in AS 18.80.300.