62A-5b-104 - Right to be accompanied by service animal -- Security deposits -- Discrimination -- Liability -- Identification.
62A-5b-104. Right to be accompanied by service animal -- Security deposits --Discrimination -- Liability -- Identification.
(1) (a) A person with a disability has the right to be accompanied by a service animal,unless the service animal is a danger or nuisance to others as interpreted under the Americanswith Disabilities Act of 1990, 42 U.S.C. 12102:
(i) in any of the places specified in Section 62A-5b-103; and
(ii) without additional charge for the service animal.
(b) This section does not prohibit an owner or lessor of private housing accommodationsfrom charging a person, including a person with a disability, a reasonable deposit as security forany damage or wear and tear that might be caused by a service animal if the owner or lessorwould charge a similar deposit to other persons for potential wear and tear.
(c) An owner or lessor of private housing accommodations may not, in any manner,discriminate against a person with a disability on the basis of the person's possession of a serviceanimal.
(2) A person who is not a person with a disability has the right to be accompanied by ananimal that is in training to become a service animal:
(a) in any of the places specified in Section 62A-5b-103; and
(b) without additional charge for the animal.
(3) A person with a disability is liable for any loss or damage caused or inflicted to thepremises by the person's service animal.
(4) A person accompanied by a service animal is encouraged to identify the animal byexhibiting one or more of the following:
(a) the animal's laminated identification card;
(b) the animal's service vest; or
(c) another form of identification.
Amended by Chapter 110, 2009 General Session