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AB-1518 Service dogs.(2023-2024)

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Date Published: 04/20/2023 09:00 PM
AB1518:v96#DOCUMENT

Amended  IN  Assembly  April 20, 2023
Amended  IN  Assembly  April 17, 2023
Amended  IN  Assembly  March 09, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1518

Introduced by Assembly Member Friedman

February 17, 2023

An act to add Section 7203 to the Business and Professions Code, relating to service animals.


LEGISLATIVE COUNSEL'S DIGEST


AB 1518, as amended, Friedman. Service dogs.
Existing law contains various provisions relating to guide dog instruction and requires a guide dog school to annually submit a list of all trainers or guide dog instructors employed or contracted by the school to the Department of Consumer Affairs. Existing law prohibits the department from charging a fee for the collection of this data.
This bill would require the department, on or before September 10, 2025, to inform places of business, through an educational campaign throughout the state, of the problems faced by qualified service dog users, as provided. The bill would define the term “service dog” for these purposes. The bill would authorize the department to solicit donations from private sources, including service dog schools, to support this campaign.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Data indicates that somewhere between one-third and one-half of guide dog users and more than three-quarters of service dog users experience attacks against their guide or service dogs by other dogs. These attacks occur both in places of public accommodation and on private property, including the residences of guide and service dog users.
(b) These attacks can produce serious physical or psychological injury to a qualified service dog and can result in expenses to the service dog user that include veterinary expenses, lost income due to missed work days, financial impacts of permanently removing a service dog from duty, including replacement of the service dog, and even medical bills for service dog users themselves.
(c) Both California law and federal law provide protections against the willful misrepresentation by persons without disabilities to gain the rights afforded to those with disabilities, including the right to be accompanied by a trained service dog in places of public accommodation. However, many businesses do not know or choose not to enforce the laws protecting their rights as business owners, and the rights of disabled persons, people with disabilities, when faced with a service dog and its handler.
(d) Emotional support animals do not have the same rights afforded to service dogs to be in places of public accommodation.
(e) Pursuant to the Federal Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), the following apply: an individual with a disability may request to keep an assistance animal as a reasonable accommodation to a housing provider’s pet restrictions, subject to certain conditions.

(1)Individuals with a disability may request to keep an assistance animal as a reasonable accommodation to a housing provider’s pet restrictions.

(2)Housing providers cannot refuse to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.

(3)A housing provider must allow a reasonable accommodation involving an assistance animal in situations that meet all the following conditions:

(A)A request was made to the housing provider by or for a person with a disability.

(B)The request was supported by reliable disability-related information, if the disability and the disability-related need for the animal were not apparent and the housing provider requested such information.

(C)The housing provider has not demonstrated that any of the following apply:

(i)Granting the request would impose an undue financial and administrative burden on the housing provider.

(ii)The request would fundamentally alter the essential nature of the housing provider’s operations.

(iii)The specific assistance animal in question would pose a direct threat to the health or safety of others despite any other reasonable accommodations that could eliminate or reduce the threat.

(iv)The request would not result in significant physical damage to the property of others despite any other reasonable accommodations that could eliminate or reduce the physical damage.

SEC. 2.

 Section 7203 is added to the Business and Professions Code, to read:

7203.
 (a) For purposes of this section, “service dog” means a “guide dog”, “signal dog”, or “service dog” as those terms are defined in subdivisions (d), (e), and (f) of Section 365.5 of the Penal Code, and paragraph (6) of subdivision (b) of Section 54.1 of the Civil Code.
(b) The Department of Consumer Affairs, on or before September 10, 2025, shall inform places of business, through an educational campaign throughout the state, of the problems faced by qualified service dog users, including, but not limited to, all of the following:
(1) The high number of attacks on their dogs by other dogs.
(2) The need to exercise better control over untrained dogs to reduce the number of these attacks, and the need for owners and operators of places of public accommodation to exercise their legal right to remove from their premises animals not behaving in a safe and appropriately controlled manner.
(3) The obligation under law for the service dog handler to have their service animal behave in a safe manner and under control.
(4) The legal right of the business to provide access to service dog users responsibilities relating to legal obligations and the behavior of the animal.
(c) Upon appropriation by the Legislature for the express purpose of this section, the Department of Consumer Affairs shall carry out the educational campaign, as described in subdivision (a), through a variety of means, including the department’s internet website, posters and other materials in public places, videos, and public service announcements.
(d) In addition to public funding for conducting this campaign, the department may solicit donations from private sources, including service dog schools.
(e) In conducting this educational campaign, the department shall consult with service dog schools and advocacy organizations for people who are blind or have other physical or sensory disabilities.