AB 366

This bill makes changes relating to emotional support animals and service animals in the laws addressing discrimination in housing and public places of accommodation or amusement.

Current law defines an emotional support animal as an animal that provides emotional support, well-being, comfort, or companionship to an individual, but that is not trained to perform tasks for an individual with a disability. A service animal is generally defined as a dog or other animal that is individually trained to do work or perform tasks for an individual with a disability.

This bill changes the definition of “service animal” for purposes of the laws addressing discrimination in public places of accommodation or amusement. The bill limits service animals for those purposes to a dog or miniature horse that meets the standards set forth under federal regulations implementing the Americans with Disabilities Act or a dog or miniature horse that is being trained to be a service animal.

Under current law, it is discrimination to do any of the following with respect to an individual who has a disability and a disability-related need for an emotional support animal: refuse to rent or sell housing to the individual, charge the individual more for housing, evict the individual from housing, or harass the individual. An owner or lessor, an agent of an owner or lessor, or a representative of a condominium association (collectively, “housing representative”) may request from an individual who wishes to keep an emotional support animal in housing reliable documentation of the individual’s disability-related need for an emotional support animal from a licensed health professional and may deny the individual the ability to keep the emotional support animal in the housing if the individual fails to provide the documentation. The bill allows the housing representative to require that this documentation include a prescription from a licensed health professional for the emotional support animal. An individual who provides false documentation of a prescription for an emotional support animal and a health care provider who provides a prescription for an emotional support animal without having at least a 30-day relationship with the individual before providing the prescription must each forfeit at least $500.

The bill prohibits a person from intentionally misrepresenting that he or she is in possession of a service animal while at any public place of accommodation or amusement. A person who violates this prohibition is subject to a forfeiture of up to $200 for a first violation and up to $500 for a second or subsequent violation.

The bill requires the Department of Workforce Development to prepare and make available to businesses upon request: 1) signage suitable for posting on a front window or door stating “task-trained service animals are welcome” and that misrepresenting an animal as a service animal is a violation of state law; and 2) an informational brochure detailing the rights of businesses relating to service animals in their place of business. In preparing these materials, DWD must consult with members of organizations that represent business owners, restaurant owners, and groups that train and place service animals and guide dogs.