Indiana 2025 Regular Session

Indiana Senate Bill SB0112 Latest Draft

Bill / Introduced Version Filed 12/30/2024

                             
Introduced Version
SENATE BILL No. 112
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 16-18-2-328.2; IC 16-32-3.5.
Synopsis:  Service animals. Amends the definition of "service animal"
to include a service animal in training for purposes of provisions
governing service animals on the premises of a public accommodation.
Provides that misrepresenting an animal as a service animal to obtain
a right or privilege in a public accommodation is a Class C infraction.
Effective:  July 1, 2025.
Qaddoura
January 8, 2025, read first time and referred to Committee on Health and Provider
Services.
2025	IN 112—LS 6396/DI 147 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 112
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 16-18-2-328.2, AS AMENDED BY P.L.230-2023,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 328.2. (a) "Service animal", for purposes of
4 IC 16-32-3, and IC 16-32-3.5, has the meaning set forth in
5 IC 16-32-3-1.5.
6 (b) "Service animal", for purposes of IC 16-32-3.5, has the
7 meaning set forth in IC 16-32-3.5-3.
8 SECTION 2. IC 16-32-3.5-3, AS ADDED BY P.L.230-2023,
9 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2025]: Sec. 3. As used in this chapter, "service animal" has
11 the meaning set forth in IC 16-32-3-1.5. refers to a dog or miniature
12 horse:
13 (1) individually trained; or
14 (2) in training;
15 to do work or perform tasks for the benefit of an individual with a
16 disability.
17 SECTION 3. IC 16-32-3.5-9, AS ADDED BY P.L.230-2023,
2025	IN 112—LS 6396/DI 147 2
1 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 9. (a) A public accommodation shall not ask about
3 the nature or extent of an individual's disability, but may make the
4 following two (2) inquiries to determine whether an animal qualifies as
5 a service animal:
6 (1) Whether the animal is required because of a disability.
7 (2) What work or task the animal:
8 (A) has been trained; or
9 (B) is in training;
10 to perform.
11 (b) A public accommodation shall not require documentation, such
12 as proof that the animal:
13 (1) has been:
14 (1) (A) certified;
15 (2) (B) trained; or
16 (3) (C) licensed; or
17 (2) is in training;
18 as a service animal.
19 (c) A public accommodation may not make inquiries about a service
20 animal's qualifications when it is readily apparent that the animal is:
21 (1) trained; or
22 (2) in training;
23 to do work or perform tasks for an individual with a disability.
24 SECTION 4. IC 16-32-3.5-12 IS ADDED TO THE INDIANA
25 CODE AS A NEW SECTION TO READ AS FOLLOWS
26 [EFFECTIVE JULY 1, 2025]: Sec. 12. A person who intentionally
27 misrepresents an animal in the person's possession as a service
28 animal in any public accommodation to obtain a right or privilege
29 that is available to a person who qualifies to possess a service
30 animal under state or federal law, knowing that the person is not
31 entitled to those rights or privileges, commits misrepresentation of
32 a service animal, a Class C infraction.
2025	IN 112—LS 6396/DI 147