§ 24-34-803 — Rights of individuals with service animals

(1) A qualified
individual with a disability has the right to be accompanied by a service animal
individually trained for that individual without being required to pay an extra charge
for the service animal in or on the following places or during the following activities
and subject to the conditions and limitations established by law and applicable
alike to all individuals:

(a) Any place of employment, housing, or public accommodation;

(b) Any programs, services, or activities conducted by a public entity;

(c) Any public transportation service; or

(d) Any other place open to the public.

(2) A trainer of a service animal, or an individual with a disability
accompanied by an animal that is being trained to be a service animal, has the right
to be accompanied by the service animal in training without being required to pay
an extra charge for the service animal in training in or on the following places or
during the following activities:

(a) Any place of employment, housing, or public accommodation;

(b) Any programs, services, or activities conducted by a public entity;

(c) Any public transportation service; or

(d) Any other place open to the public.

(3) (a) An employer shall allow an employee with a disability who is
accompanied by a service animal to keep the employee's service animal with the
employee at all times in the place of employment. An employer shall not fail or
refuse to hire or discharge any individual with a disability, or otherwise discriminate
against any individual with a disability, with respect to compensation, terms,
conditions, or privileges of employment because that individual with a disability is
accompanied by a service animal individually trained for that individual.

(b) An employer shall make reasonable accommodation to make the
workplace accessible for an otherwise qualified individual with a disability who is an
applicant or employee and who is accompanied by a service animal individually
trained for that individual unless the employer can show that the accommodation
would impose an undue hardship on the employer's business. For purposes of this
paragraph (b), undue hardship and reasonable accommodation have the same
meaning as set forth in Title I of the federal Americans with Disabilities Act of
1990, 42 U.S.C. sec 12101 et seq., and its related amendments and implementing
regulations.

(4) The owner or individual with a disability who has control or custody of a
service animal or the trainer of a service animal is liable for any damage to persons,
premises, or facilities, including places of housing, places of public accommodation,
and places of employment, caused by that individual's service animal or service
animal in training. The individual who has control or custody of a service animal or a
service animal in training is subject to the provisions of section 18-9-204.5, C.R.S.

(5) An individual with a disability who owns a service animal is exempt from
any state or local licensing fees or charges that might otherwise apply in
connection with owning a similar animal.

(6) The mere presence of a service animal in a place of public
accommodation is not grounds for any violation of a sanitary standard, rule, or
regulation promulgated pursuant to section 25-4-1604, C.R.S.

Legislative History

Source: L. 95: Entire section added, p. 321, � 3, effective August 7. L. 2013: (7)(b) amended, (HB 13-1300), ch. 316, p. 1684, � 62, effective August 7. L. 2014: Entire section R&RE, (SB 14-118), ch. 250, p. 981, � 12, effective August 6.