HB 170: "An Act relating to interference with the rights of physically and mentally challenged persons; and relating to service animals during their training period."
00HOUSE BILL NO. 170 01 "An Act relating to interference with the rights of physically and mentally 02 challenged persons; and relating to service animals during their training period." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.76.130 is amended to read: 05 Sec. 11.76.130. Interference with rights of physically or mentally 06 challenged [DISABLED] person. (a) A person commits the crime of interference 07 with the rights of a physically or mentally challenged [DISABLED] person if the 08 person intentionally prevents or restricts 09 (1) a physically or mentally challenged [DISABLED] person from 10 having full and free pedestrian use of a street, highway, sidewalk, walkway, or other 11 thoroughfare [,] to the same extent that any other person has a right to pedestrian use; 12 or 13 (2) a physically challenged [DISABLED] person from being 14 accompanied or assisted by a certified service animal, without an extra charge for the
01 service animal, in a common carrier, place of public accommodation, or other place 02 to which the general public is invited, except as provided in (b) of this section. 03 (b) A physically challenged [DISABLED] person who is accompanied or 04 assisted by a certified service animal in a common carrier, place of public 05 accommodation, or other place to which the general public is invited [,] is liable for 06 property damage done by the animal. 07 (c) In this section, 08 (1) "certified service animal" means an animal trained to assist a 09 physically challenged [DISABLED] person and certified by a school or training 10 facility for service animals as having completed such training; 11 (2) "physically or mentally challenged [DISABLED]" means 12 physically or mentally disabled, as defined [HAS THE MEANING GIVEN] in 13 AS 18.80.300. 14 (d) Interference with the rights of a physically or mentally challenged 15 [DISABLED] person is a class B misdemeanor. 16 * Sec. 2. AS 11.76 is amended by adding a new section to read: 17 Sec. 11.76.133. Interference with the training of a service animal. (a) A 18 person commits the crime of interference with the training of a service animal if the 19 person intentionally prevents or restricts a person who is authorized to train service 20 animals from being accompanied by an animal that is in training to be a service 21 animal, or assesses an extra charge because of the animal, in a common carrier, place 22 of public accommodation, or other place to which the general public is invited, except 23 as provided in (b) and (c) of this section. 24 (b) A trainer who is accompanied by an animal in training to be a service 25 animal in a common carrier, place of public accommodation, or other place to which 26 the general public is invited is liable for property damage done by the animal. 27 (c) It is an affirmative defense to a prosecution under this section that the 28 person accompanied by the animal in training to be a service animal did not, when 29 requested by the defendant, give reasonable evidence of being a person authorized to 30 train service animals. 31 (d) In this section,
01 (1) "authorized" means employed by a school, agency, or other facility 02 that trains service animals; 03 (2) "in training to be a service animal" means being in the training 04 period as required under a program administered through a school, agency, or other 05 training facility for service animals whose goal is to certify the animal as being able 06 to assist physically challenged persons. 07 (e) Interference with the training of a service animal is a class B misdemeanor.