HB 16-1308 Offense of Misrepresentation of a Service

Animal
Rep. Kagan/Sen. Newell
Co-sponsors: Rep. Thurlow, Klingenschmitt, Lontine, McCann, Melton, Salazar, Willett,
and Sen. Todd

Purpose:
With increasing frequency, people are misrepresenting
their pets as service animals and/or themselves as service animal trainers.
The aim of this misrepresentation is to gain access to the benefits and/or
privileges reserved for persons with a disability who rely on a legitimate
service animal or for those that are training a legitimate service animal.
Service animals receive thousands of hours of training,
while emotional support animals do not. It is this training that allows a
service animal to respond appropriately in any real-life situation. Without
extensive training, a pet being misrepresented as a service animal is prone
to acting inappropriately in public situations, especially in situations where
the pet encounters a legitimate service animal.
Many businesses and major airlines have reported issues
with non-service animals biting and attacking patrons and relieving
themselves in inappropriate locations. Based on the frequency of these
inappropriate behaviors, some airlines estimate that up to 50% of the dogs
presented as service animals for boarding are not actually service animals.
The misrepresentation of pets and/or emotional support
animals as service animals has caused considerable problems for legitimate
service animal users. Through this misrepresentation, the integrity of the
service animal program has been diminished, which results in legitimate
service animal users being questioned beyond what the law allows, hassled,
or even denied access.
According to the Americans with Disabilities Act (ADA),
only a dog or, in limited circumstances, a miniature horse, can be defined as
a service animal. The ADA also establishes that a service animal is an animal
which has been trained to perform one or more specific tasks or functions to
assist a qualified individual with a disability reduce or ameliorate an
impairment.
What the Bill Does:
Makes it an offense to misrepresent an animal as a
service animal (e.g. by false verbal assertions, or offering false credentials,
etc.), while knowing that it is not a service animal, in order to gain
rights or privileges reserved for those with a disability.
The misrepresentation of an individual as a service
animal trainer is also penalized.
Penalties imposed through this bill mirror the penalty
structure for violations of reserved parking for persons with disabilities.
If convicted, records of the first offense may be sealed
after three years if the individual has not committed a similar offense within
that time.

 Seventeen other states have adopted similar statutes. Six

other states are working on similar statutes at this time.
This bill is needed to give businesses, government, law
enforcement, and service animal users the tools needed to address these
abuses.
Ultimately, this bill seeks to increase the credibility of
those that do need a service animal while also ensuring that they are less
likely to be hassled or denied access due to the actions of an individual with
a pet or emotional support animal, posing as a service animal.

Supporters
(as of 3.22.16)
Freedom Service Dogs of America
Colorado Association of Animal Control Officers
Colorado Apartment Association
Colorado District Attorneys Council
Domino Service Dogs
Colorado Cross-Disability Coalition
County Sheriffs of Colorado
Colorado Retail Council
Arc of Colorado