SB 92 — AN ACT relating to animals and making an appropriation therefor.

UNOFFICIAL COPY 23 RS BRSB 88292/GA AN ACT relating to animals and making an appropriation therefor.

(a) Employs, appoints, or contracts with an animal control officer, or contracts Page 1 of 910 SB009210.100 - 882 - XXXX 1/4/20233/3/2023 4:0610:22 PMAM JacketedGA UNOFFICIAL COPY 23 RS BRSB 88292/GA with an entity that employs, appoints, or contracts with an animal control officer, as required by KRS 258.195, who is a high school graduate and has completed the training requirements set forth by the Animal Control Advisory Board;

and shall provide adequate space to allow for normal movement, including Page 2 of 910 SB009210.100 - 882 - XXXX 1/4/20233/3/2023 4:0610:22 PMAM JacketedGA UNOFFICIAL COPY 23 RS BRSB 88292/GA standing to full height, sitting, turning, and lying down in a natural position without coming in contact with the top or sides of the enclosure or another animal;

Page 3 of 910 SB009210.100 - 882 - XXXX 1/4/20233/3/2023 4:0610:22 PMAM JacketedGA UNOFFICIAL COPY 23 RS BRSB 88292/GA (5) To be eligible for any moneys distributed as grants to counties under subsection (2) of this section, counties shall submit an application to the commissioner, on a form prescribed by the Department of Agriculture, by July 15 of each year.

(1) As used in [subsections (1) to (11) of ]this section unless the context requires otherwise:[,] (a) 1."Assistance dog" means a dog that has been individually trained to do work or perform tasks for a person with disabilities and is considered a service animal under the Americans with Disabilities Act, 42 U.S.C.

secs.

12101 et seq.;

(b) "Emotional support animal" means a companion animal that may provide support to alleviate the symptoms or effects of a person's disability, but the animal has not been individually trained to do work or perform tasks for a person with disabilities and is not considered a service animal under the Americans with Disabilities Act, 42 U.S.C.

secs.

12101 et seq.;

(c) 1.

Page 4 of 10 SB009210.100 - 882 - XXXX 3/3/2023 10:22 AM GA UNOFFICIAL COPY 23 RS SB 92/GA b.

"Person" also includes a trainer of an assistance dog.dog;

Pageand 4(d) of 9 XXXX 1/4/2023 4:06 PM Jacketed UNOFFICIAL COPY 23 RS BR 882 (b) "Therapeutic relationship with a health care provider" shalldoes not include transactions for documentation of disability in exchange for fee unless there has been a face-to-face in-office consultation with the health care provider.

(6) Any person accompanied by an assistance dog may keep the dog in his or her immediate custody while a tenant in any apartment[,] or building used as a public Page 5 of 10 SB009210.100 - 882 - XXXX 3/3/2023 10:22 AM GA UNOFFICIAL COPY 23 RS SB 92/GA lodging.

Page 5 of 9 XXXX 1/4/2023 4:06 PM Jacketed UNOFFICIAL COPY 23 RS BR 882 (b) Leash, unless the person's disability otherwise requires, and control the assistance dog at all times;

Page 6 of 10 SB009210.100 - 882 - XXXX 3/3/2023 10:22 AM GA UNOFFICIAL COPY 23 RS SB 92/GA (a) Ask if the dog is an assistance dog and what tasks the dog performs for the person making the request to be accompanied by an assistance dog;

Documentation shall be from a health care Page 6 of 9 XXXX 1/4/2023 4:06 PM Jacketed UNOFFICIAL COPY 23 RS BR 882 provider listed in subsection (1)(a)1.a.(1)(c)1.a.

(15) The handler of an assistance dog shall be liable for damage caused by the assistance animal.dog.

(16) Nothing in this section shall be construed to require the admittance of an emotional support animal in establishments where assistance dogs are required to be admitted, except with regard to the establishments described in subsection (6) of this section, in which case the requirements of KRS 383.085 shall apply.

Nothing in this section shall be construed to extend any other rights, privileges, or exemptions afforded to assistance dogs to emotional support animals.

(2) It shall be unlawful for any person to misrepresent a dog as an assistance dog,dog as part of a request for an accommodation granted under Section 2 of this Act, Page 7 of 10 SB009210.100 - 882 - XXXX 3/3/2023 10:22 AM GA UNOFFICIAL COPY 23 RS SB 92/GA regardless of whether the misrepresentation is communicated verbally, in writing, or non-verballynonverbally by placing a harness, collar, vest, or sign on the dog that falsely indicates it is an assistance dog.

(2) Misrepresentation of a dog as an assistance animaldog to gain accommodation under subsection (2) of Section 3 of this Act is a violation with a fine of up to one thousand dollars ($1,000).

(3) All fines created in subsection (2) of this section and collected under that Page 7 of 9 XXXX 1/4/2023 4:06 PM Jacketed UNOFFICIAL COPY 23 RS BR 882 subsection shall, after costs and commissions have been deducted, be paid to the department to be credited to the animal control and care fund created in Section 1 of this Act, with fifty percent (50%) to be used to fund spay and neuter clinics and fifty percent (50%) to be used for block grants to county animal shelters.

(3) "Public place" means a place to which the public or a substantial group of persons has access and includes but is not limited to highways, transportation facilities, Page 8 of 10 SB009210.100 - 882 - XXXX 3/3/2023 10:22 AM GA UNOFFICIAL COPY 23 RS SB 92/GA schools, places of amusements, parks, places of business, playgrounds, and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.

(a) "Bomb detection dog," which means a dog that is trained to locate bombs or Page 8 of 9 XXXX 1/4/2023 4:06 PM Jacketed UNOFFICIAL COPY 23 RS BR 882 explosives by scent;

(h)Page "Assistance9 dog,"of which10 meansSB009210.100 any- dog882 that- isXXXX trained3/3/2023 to10:22 work,AM provideGA assistance,UNOFFICIAL orCOPY perform23 tasksRS forSB the92/GA benefit(h) of"Assistance adog," personwhich withmeans athe disability,same oras providein[any supportdog that alleviatesis onetrained (1)to ormeet more identified symptoms or effects of a person's disability[meet the requirements ofof] KRS 258.500];258.500;

Page 910 of 910 SB009210.100 - 882 - XXXX 1/4/20233/3/2023 4:0610:22 PMAM JacketedGA