SCS CSHB 170(HES): "An Act relating to interference with the rights of physically and mentally challenged persons; and relating to service animals during their pre-training and training period."
00SENATE CS FOR CS FOR HOUSE BILL NO. 170(HES) 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 trained to assist a 10 physically or mentally challenged [DISABLED] person and certified by a school or 11 training facility for service animals as having completed such training; 12 (2) "physically or mentally challenged [DISABLED]" means 13 physically or mentally disabled, as defined [HAS THE MEANING GIVEN] in 14 AS 18.80.300. 15 (d) Interference with the rights of a physically or mentally challenged 16 [DISABLED] person is a class B misdemeanor. 17 * Sec. 2. AS 11.76 is amended by adding a new section to read: 18 Sec. 11.76.133. Interference with the training of a service animal. (a) A 19 person commits the crime of interference with the training of a service animal if the 20 person intentionally prevents or restricts a person who is authorized to train service 21 animals from being accompanied by an animal that is identified as being in training 22 to be a service animal, or assesses an extra charge because of the animal, in a public 23 facility, except 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 public facility is liable for property damage done by the animal. 26 (c) It is an affirmative defense to a prosecution under this section that 27 (1) the person accompanied by the animal in training to be a service 28 animal did not, when requested by the defendant, give reasonable evidence of being 29 a person authorized to train service animals; or 30 (2) the defendant prevented entry into the facility or caused the trainer 31 and the animal to leave or be removed from the facility based on unruly or disruptive
01 conduct of the animal that created 02 (A) a substantial risk of imminent physical injury to a person 03 other than the trainer; or 04 (B) an atmosphere that made regular activities by other persons 05 in the facility substantially more difficult than usual. 06 (d) In this section, 07 (1) "authorized" means employed by, or serving as a volunteer with, 08 a school, agency, or other facility that trains service animals; 09 (2) "identified as being in training" means wearing a device or 10 exhibiting an insignia approved by a school, agency, or other facility that trains service 11 animals that identifies the animal as being in training to be a service animal; 12 (3) "in training to be a service animal" means being in the pre-training 13 or training period as required under a program administered through a school, agency, 14 or other training facility for service animals whose goal is to certify the animal as 15 being able to assist physically or mentally challenged persons; 16 (4) "public facility" means a capital improvement owned, operated, or 17 occupied by, or a mode of transportation owned or operated by, the state, a public 18 corporation of the state, the University of Alaska, a political subdivision of the state, 19 or a regional educational attendance area. 20 (e) Interference with the training of a service animal is a violation.