HB 16-1426 Summary

• Establishes two new criminal offenses for intentionally misrepresenting an animal as a service animal or assistance animal to obtain rights or privileges for people with disabilities, classified as Class 2 petty offenses with escalating fines ($25 for first offense, $50-$200 for second, $100-$500 for third or subsequent).

• Requires that a prior written or verbal warning be given before prosecution and that the person knew the animal was not a service/assistance animal or that they lack a disability.

• Allows defendants to petition for record sealing three years after a first conviction if they have no subsequent convictions, with basic identifying information remaining public.

• Creates licensee duties in housing to make written findings on disability-related accommodation requests for assistance animals, requiring in-person meetings and professional qualifications before making determinations.

• Authorizes a state division to educate the public about service and assistance animals through websites, public service announcements, uniform signage, standardized forms, and law enforcement training programs; takes effect January 1, 2017.