HB 198

Sponsor
Session
Regular Session 2018
Title
Alabama Assistance and Service Animal Integrity in Housing Act, documentation to be provided to landlord for exeception, offenses of misrepresentation of entitlement to an assistance animal or service animal and misrepresentation of an animal as an assistance animal or service animal created as misdemeanors, Alabama Assistance and Service Animal Integrity in Housing Act
Description

This bill would create the Alabama Assistance and Service Animal Integrity in Housing Act

This bill would provide definitions for assistance animal, disability, and service animal and would create requirements for documentation of the need for an assistance animal or service animal in housing

This bill would provide for the offenses of misrepresentation of entitlement to an assistance animal or service animal and the misrepresentation of an animal as an assistance animal or service animal and would provide penalties

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to service animals; to create the Alabama Assistance and Service Animal Integrity In Housing Act; to provide certain definitions and to create requirements for documentation of the need for a service animal in housing; to provide for the offenses of misrepresentation of entitlement to an assistance animal or service animal and the misrepresentation of an animal as an assistance animal or service animal; to provide penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Subjects
Crimes and Offenses
View Original PDF: HB 198 - Introduced - PDF

This bill would create the Alabama Assistance and Service Animal Integrity in Housing Act

This bill would provide definitions for assistance animal, disability, and service animal and would create requirements for documentation of the need for an assistance animal or service animal in housing

This bill would provide for the offenses of misrepresentation of entitlement to an assistance animal or service animal and the misrepresentation of an animal as an assistance animal or service animal and would provide penalties

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to service animals; to create the Alabama Assistance and Service Animal Integrity In Housing Act; to provide certain definitions and to create requirements for documentation of the need for a service animal in housing; to provide for the offenses of misrepresentation of entitlement to an assistance animal or service animal and the misrepresentation of an animal as an assistance animal or service animal; to provide penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 1

This act shall be known and may be cited as the Alabama Assistance and Service Animal Integrity in Housing Act.

Section 2

For the purposes of this act, the following terms shall have the following meanings: (1) ASSISTANCE ANIMAL. An animal, other than a service animal, that qualifies as a reasonable accommodation under the Fair Housing Act, Public Law 90-284, 42 U.S.C. Section 3601, et seq., or Section 504 of the Rehabilitation Act of 1973, Public Law 93-112, 29 U.S.C. Section 794. This term includes an emotional support animal when the animal qualifies as a reasonable accommodation. (2) DISABILITY. A physical or mental impairment which substantially limits one or more major life activities. (3) LANDLORD. A person or company that owns, manages, or enforces pet policies in housing subject to the Fair Housing Act or the Rehabilitation Act of 1973. (4) RELIABLE DOCUMENTATION. Documentation allowed to be requested upon receipt of a request for reasonable accommodation under the Fair Housing Act or Section 503 of the Rehabilitation Act of 1973. The term only includes documentation from a medical provider of the person in need of the reasonable accommodation. (5) SERVICE ANIMAL. An animal, other than an assistance animal, that qualifies as a service animal under the Americans with Disabilities Act of 1990. The term includes those animals being trained to be a service animal.

Section 3

(a) A landlord who receives a request from a person to make an exception to a policy of the landlord that prohibits animals on the property of the landlord because the person requires the use of an assistance animal may require the person to produce reliable documentation of the following: (1) The disability, only if the disability is not readily apparent or known to the landlord. (2) The disability-related need for the animal, only if the disability-related need is not readily apparent or known to the landlord. (b) All documentation obtained pursuant to this section must be kept confidential in accordance with the Fair Housing Act and the Rehabilitation Act of 1973.

Section 4

(a) A person commits the offense of misrepresentation of entitlement to an assistance animal or service animal if the person intentionally does either of the following: (1) Misrepresents to another person that a person has a disability or disability-related need for the use of an assistance animal or service animal in housing. (2) Makes materially false statements for the purpose of obtaining documentation for the use of an assistance animal or service animal in housing. (b)(1) Upon a first offense, a violation of subsection (a) shall be a Class C misdemeanor. (2) Upon a second or subsequent offense, a violation of subsection (a) shall be a Class B misdemeanor.

Section 5

(a) A person commits the offense of misrepresentation of an animal as an assistance animal or service animal if a person intentionally does any of the following: (1) Creates a document that misrepresents an animal as an assistance animal or service animal for use in housing. (2) Provides a document to another person falsely stating that an animal is an assistance animal or service animal for use in housing. (3) Fits an animal, which is not an assistance animal or service animal, with a harness, collar, vest, or sign that the pet is an assistance animal or service animal for use in housing. (b)(1) Upon a first offense, a violation of subsection (a) shall be a Class C misdemeanor. (2) Upon a second or subsequent offense, a violation of subsection (a) shall be a Class B misdemeanor.

Section 6

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 7

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 8, 2018HDelivered to Governor at 10:16 a.m. on March 8, 2018.
March 8, 2018HAssigned Act No. 2018-235.
March 8, 2018HClerk of the House Certification
March 8, 2018SSignature Requested
March 8, 2018SConcurred in Second House Amendment
March 6, 2018HEnrolled
March 6, 2018HFridy motion to Concur In and Adopt adopted Roll Call 628
March 6, 2018HConcurrence Requested
March 6, 2018SMotion to Read a Third Time and Pass adopted Roll Call 649
March 6, 2018SThird Reading Passed
March 6, 2018SWhatley motion to Adopt adopted Roll Call 638
March 6, 2018SWhatley motion to Carry Over to the Call of the Chair adopted Voice Vote
March 6, 2018SWhatley Amendment Offered
March 6, 2018SWhatley motion to Adopt adopted Roll Call 637
March 6, 2018SWhatley motion to Adopt adopted Roll Call 636
March 6, 2018SJudiciary Amendment Offered
March 6, 2018SJudiciary Amendment Offered
March 6, 2018SThird Reading Carried Over to Call of the Chair
February 22, 2018SRead for the second time and placed on the calendar 2 amendments
January 30, 2018SRead for the first time and referred to the Senate committee on Judiciary
January 30, 2018HCosponsors Added
January 30, 2018HMotion to Read a Third Time and Pass adopted Roll Call 124
January 30, 2018HThird Reading Passed
January 25, 2018HRead for the second time and placed on the calendar
January 11, 2018HRead for the first time and referred to the House of Representatives committee on Public Safety and Homeland Security
2018-03-06
Chamber: House
Result: Passed
2018-03-06
Chamber: Senate
Result: Passed
2018-03-06
Chamber: Senate
Result: Passed
2018-03-06
Chamber: Senate
Result: Passed
2018-03-06
Chamber: Senate
Result: Passed
2018-01-30
Chamber: House
Result: Passed
2018-01-30
Chamber: House
Result: Passed