h_jud_2016a_2016-03-22t13:41:33z1 Hearing Summary

Date: 03/22/2016

04:32 PM -- HB16-1308



The committee returned to order. Representative Kagan, prime sponsor, presented House Bill 16-1308, concerning the offense of fraudulent misrepresentation of a service animal. Representative Kagan explained the effect of the bill and discussed its need. Representative Kagan rebutted forthcoming arguments against the bill.





04:48 PM



Representative Kagan continued to rebut arguments against the bill. Representative Kagan responded to questions regarding the effect of the bill's prohibitions on the use of service animals in training, and the parties that may lawfully question the validity of a service animal. Discussion ensued regarding what constitutes a place of public accommodation under the bill, and the ability of parties to determine a violation of the bill.





05:00 PM



Discussion ensued regarding a fact pattern where a non-disabled person is in the employ of a service animal, and the scope of the fraudulent misrepresentation of service animal. The following persons testified regarding HB 16-1308:



05:05 PM -- Ms. Francesca Maes, representing Good Dog Service Dogs, testified in opposition to the bill. Ms. Maes discussed the problems people experience when charged with crimes, and the potential for improving the federal standard for service animals.



05:08 PM -- Mr. James W. Clark, representing G.A.P. Assistance Dogs, testified in opposition to the bill. Mr. Clark discussed miscommunication and misperception pertaining to those with disabilities, and suggested that some revisions could be made to improve the bill. Mr. Clark responded to questions regarding the extent to which service animals do not wear vests displaying their status.



05:13 PM -- Ms. Christina Johnson, representing herself, testified in opposition to HB 16-1308. Ms. Johnson discussed the value of education over punishment to address the misrepresentation of service animals, and related her experiences as a person who has used service animals. Ms. Johnson discussed fraudulent training of service animals, and the penalties for violating the bill.



05:17 PM -- Ms. Hanna Pennington, representing G.A.P. Assistance Dogs, testified in opposition to HB 16-1308. Ms. Pennington explained that the bill does not properly address the problem of the fraudulent misrepresentation of service animals. Ms. Pennington responded to questions regarding how persons with disabilities can prove the validity of their service animals.



05:22 PM -- Ms. Emily Harvey, representing Disability Law Colorado, testified in opposition to the bill. Ms. Harvey discussed the potential for the bill to result in a disparate impact on certain populations, and explained the different categories of animals that assist those with disabilities. Ms. Harvey responded to questions regarding the potential for those with companion animals to be grouped together under the bill with those fraudulently misrepresenting service animals. Representative Kagan addressed previous testimony.





05:33 PM



Representative Kagan responded to questions regarding warnings that will be issued to violators of the bill. Discussion ensued regarding restrictions on taking animals aboard airplanes, and the process by which a service animal's credentials are proven.





05:48 PM



Discussion ensued regarding certain potential unintended consequences of the bill.



05:48 PM -- Ms. Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of HB 16-1308. Ms. Ackerman discussed the deterrent effect of the legislation. Representative Kagan read a letter in support of the bill from the Colorado Retail Council (Attachment A). Representative Kagan read a note in support of the bill from the Arc of Colorado.



16HouseJud0322AttachA.pdf



05:53 PM -- Ms. Caitlin Brady, representing the Colorado Cross-Disability Coalition, testified in support of the bill. Ms. Brady discussed the negative effects experienced by those with disabilities as a result of falsely represented service dogs. Ms. Brady responded to questions regarding her use of a service animal vest on her dog. Ms. Brady discussed the merits of the bill. Ms. Brady responded to questions regarding how she would react if wrongfully charged with fraudulently misrepresenting a service animal. Committee members received a handout supporting the bill from the Colorado Cross-Disability Coalition (Attachment B).



16HouseJud0322AttachB.pdf



05:58 PM -- Ms. Kelly Truelove, representing King Soopers, testified in support of HB 16-1308. Ms. Truelove discussed problems in King Soopers grocery stores caused by those who have misrepresented their animals, and explained the process undertaken by King Soopers in these instances. Ms. Truelove discussed health violations created by the presence of animals in grocery stores. Discussion ensued regarding the potential deterrent effect of the bill.



06:04 PM -- Ms. Barbara Henry, representing Domino Service Dogs, testified in support of the bill. Ms. Henry showed the committee a Powerpoint presentation on service dogs, and narrated the presentation. Discussion ensued regarding the use of miniature horses as service animals.



06:13 PM -- Ms. Janee Boswell, representing the Colorado Association of Animal Control Officers, testified in support of the bill. Ms. Boswell discussed the deterrent effect of the bill, and provided some examples of the misrepresentation of service animals. Ms. Boswell responded to questions regarding the abuse of the comfort pet status.



06:21 PM -- Mr. Mark Simon, representing himself, testified in support of the bill. Committee members received a fact sheet in support of the bill (Attachment C). Mr. Simon discussed the contents of the fact sheet. Mr. Simon responded to questions regarding questions that a shopkeeper may legally ask about a service animal.



16HouseJud0322AttachC.pdf



06:29 PM -- Ms. Brianne Corbett, representing Freedom Service Dogs, testified in support of the bill. Ms. Corbett discussed the problems associated with bringing pets into public disguised as service animals.



06:31 PM -- Ms. Christine McGroarty, representing herself, testified in support of HB 16-1308. Ms. McGroarty discussed the increase in the level of misrepresentation of pets as service animals, and the problems associated with this phenomenon. Ms. McGroarty discussed some complexities surrounding the use of service animals. Ms. McGroarty responded to questions regarding training for service animals.



06:35 PM -- Ms. Natalie Hunter, representing herself, testified in support of the bill. Ms. Hunter discussed the reticence of business owners to properly police fraudulent service animals, and interactions between fraudulent service animals and authentic service animals. Ms. Hunter entered her testimony into the record (Attachment D).



16HouseJud0322AttachD.pdf



06:38 PM -- Mr. Paul O'Brien, representing Canine Companions for Independence, testified in support of the bill. Mr. O'Brien discussed the work of his organization, and problems associated with the proliferation of fake service dogs. Mr. O'Brien responded to questions regarding the potential for the use of comfort animals to be captured by the prohibitions of the bill. Mr. O'Brien responded to questions regarding the types of tasks performed by the dogs trained by his organization.



06:45 PM -- Mr. Kyle Walpole, representing himself, testified in support of HB 16-1308. Mr. Walpole discussed why people fraudulently pose their pets as service animals, and problems associated with this fraudulent activity.



06:48 PM -- Ms. Dawn Howard, representing the Colorado Cross-Disability Coalition, testified in support of the bill.



06:50 PM -- Ms. Linda Hart, representing the Colorado Federation of Dog Clubs, testified in opposition to HB 16-1308. Ms. Hart explained that the bill will not combat the proliferation of false service animals.





06:53 PM



Representative Kagan explained the effect of amendment L.001 (Attachment E). Discussion ensued regarding the potential for policing the sales of fake service animal vests. Committee members received a preamended version of HB 16-1308 as amended by amendment L.001 (Attachment F).



16HouseJud0322AttachE.pdf 16HouseJud0322AttachF.pdf

06:59 PM



Representative Kagan provided closing remarks in support of HB 16-1308. Various members of the committee provided their positions on the bill.

07:06 PM



The committee adjourned.