44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO HUMAN RIGHTS; AMENDING SECTIONS OF THE NMSA 1978 TO PROVIDE FOR PUBLIC ACCESS FOR ASSISTANCE ANIMALS AND THEIR TRAINERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 28-11-2 NMSA 1978 (being Laws 1989, Chapter 242, Section 1) is amended to read:

"28-11-2. DEFINITIONS.--As used in [this act] Section 28-11-3 NMSA 1978, "qualified [service] assistance animal" means:

A. a [guide] dog trained or being trained by a recognized [guide dog] school [to lead a partially or totally blind person] for training dogs to assist persons with disabilities;

B. [a hearing ear dog trained by a recognized hearing ear dog school to aid a hearing impaired person;

C. a service dog trained by a recognized service dog school or training program to assist a mobility impaired person] an animal recognized as a service animal pursuant to the Americans with Disabilities Act of 1990; or

[D.] C. any other animal approved by the [vocational rehabilitation division of the state department of public education] governor's committee on concerns of the handicapped as acceptable in public places and trained to provide some special assistance to a person with a [mobility impairment] disability."

Section 2. Section 28-11-3 NMSA 1978 (being Laws 1989, Chapter 242, Section 2) is amended to read:

"28-11-3. ADMITTANCE OF QUALIFIED [SERVICE] ASSISTANCE ANIMALS.--[A.] Notwithstanding any other provision of law, a qualified [service] assistance animal shall be admitted to any building open to the public and to all public accommodations such as restaurants, hotels, hospitals, swimming pools, stores, common carriers and theaters; provided that the qualified [service] assistance animal is under the control of a [totally or partially blind, hearing impaired or mobility impaired] person [B. Pursuant to Subsection A of this section] with a disability or a trainer of assistance animals. No person shall be required to pay any additional charges for his qualified [service] assistance animal, but [he] shall be liable for any damage done by his qualified assistance animal."