SENATE JOINT MEMORIAL 40

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Nancy Rodriguez

A JOINT MEMORIAL

REQUESTING THE GOVERNOR'S COMMISSION ON DISABILITY TO CREATE A TASK FORCE TO STUDY MEASURES TO PROMOTE COMPLIANCE WITH THE ASSISTANCE ANIMAL ACT.

     WHEREAS, persons with physical, sensory, psychiatric or mental disabilities make use of assistance animals, such as guide dogs, hearing or signal dogs, psychiatric service dogs and seizure response dogs; and

     WHEREAS, it is estimated that there are more than thirty thousand guide, hearing and service dogs working to assist disabled persons in the United States; and

     WHEREAS, the federal Americans with Disabilities Act requires privately owned businesses that serve the public, such as restaurants, hotels, retail stores, taxicabs, theaters, concert halls and sports facilities, to allow persons with disabilities to bring their assistance animals onto business premises in areas where customers are generally allowed; and

     WHEREAS, the Assistance Animal Act allows persons with disabilities using an assistance animal access to all public buildings and accommodations such as restaurants, hotels, hospitals, swimming pools, stores, common carriers and theaters; and

     WHEREAS, the media frequently report on difficulties encountered by persons using assistance animals attempting to enter public and private establishments; and

     WHEREAS, the Southwest Americans with Disabilities Act center has reported to the governor's commission on disability that it receives more complaints from New Mexico about refusing entry to disabled persons using assistance animals, and about lack of enforcement of the Assistance Animal Act, than from any other state; and

     WHEREAS, the governor's commission on disability regularly receives complaints about disabled persons using assistance animals who have been denied access to public buildings and accommodations; and

     WHEREAS, it is imperative to educate the public regarding the Assistance Animal Act to ensure consistent access to public buildings and accommodations throughout New Mexico for persons with disabilities who use assistance animals; and

     WHEREAS, many New Mexicans with disabilities believe that greater enforcement is needed to ensure compliance with the Assistance Animal Act;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the governor's commission on disability be requested to create a task force to study the challenges faced by those using assistance animals and measures to promote compliance with the Assistance Animal Act, including greater enforcement of the act; and

     BE IT FURTHER RESOLVED that the task force be requested to include representatives from the department of transportation, the department of environment, the food program of the environmental health bureau of the environmental health division of the department of environment, the veterans' services department, the tourism department, the human services department, the alcohol and gaming division of the regulation and licensing department, the department of public safety, the New Mexico law enforcement academy, the New Mexico municipal league, the New Mexico association of counties, the New Mexico lodging association, the New Mexico restaurant association and four persons with disabilities who use assistance animals; and

     BE IT FURTHER RESOLVED that the animal assistance task force be requested to report its findings and recommendations to the disabilities concerns subcommittee of the interim legislative health and human services committee before the first session of the fifty-first legislative session; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the governor's commission on disability.

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