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HOUSE BILL 111
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Marian Matthews
AN ACT
RELATING TO ANIMALS; REQUIRING FIRST RESPONDERS AT EMERGENCY
SITUATIONS WHO ARE MADE AWARE OF A MISSING QUALIFIED SERVICE
ANIMAL TO MAKE A REASONABLE EFFORT TO SEARCH FOR THE QUALIFIED
SERVICE ANIMAL.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 28-11-2 NMSA 1978 (being Laws 1989,
Chapter 242, Section 1, as amended) is amended to read:
"28-11-2. DEFINITIONS.--As used in the Service Animal
Act:
A. "emotional support animal", "comfort animal" or
"therapy animal" means an animal selected to accompany an
individual with a disability that does not work or perform
tasks for the benefit of an individual with a disability and
does not accompany at all times an individual with a
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disability;
B. "first responder" means a public safety employee
whose duties include responding rapidly to an emergency,
including:
(1) a law enforcement officer;
(2) a firefighter or certified volunteer
firefighter; and
(3) an emergency medical services provider;
[B.] C. "qualified service animal" means any
qualified service dog or qualified service miniature horse that
has been or is being trained to provide assistance to an
individual with a disability; but "qualified service animal"
does not include a pet, an emotional support animal, a comfort
animal or a therapy animal;
[C.] D. "qualified service dog" means a dog that
has been trained or is being trained to work or perform tasks
for the benefit of an individual with a disability who has a
physical or mental impairment that substantially limits one or
more major life activities; and
[D.] E. "qualified service miniature horse" means a
miniature horse that has been trained or is being trained to
work or perform tasks for the benefit of an individual with a
disability who has a physical or mental impairment that
substantially limits one or more major life activities."
SECTION 2. Section 28-11-3 NMSA 1978 (being Laws 1989,
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Chapter 242, Section 2, as amended) is amended to read:
"28-11-3. ADMITTANCE OF QUALIFIED SERVICE ANIMAL.--
A. Notwithstanding any other provision of law:
(1) a person with a disability who is using a
qualified service animal shall be admitted to any building open
to the public and to all other public accommodations and shall
be allowed access to all common carriers; provided that the
qualified service animal is under the control of an owner, a
trainer or a handler of the qualified service animal. A person
shall not deny an individual with a qualified service animal
entry to a building open to the public or to any public
accommodation or deny access to a common carrier, regardless of
any policy of denying to pets entry to that building, public
accommodation or common carrier. A person shall not be
required to pay any additional charges for the qualified
service animal but may be liable for any damage done by the
qualified service animal; provided that persons without
disabilities would be liable for similar damage; and
(2) in an emergency requiring transportation
or relocation of the owner or trainer of the qualified service
animal, to the extent practicable, accommodations shall be made
for the qualified service animal to remain or be reunited with
the owner, trainer or handler. When accommodations cannot be
made for allowing the qualified service animal to remain with
the owner, trainer or handler, the qualified service animal
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shall be placed pursuant to instructions provided by the owner,
trainer or handler. If a first responder at an emergency
situation is made aware that an owner, trainer or handler's
qualified service animal is missing, the first responder, to
the extent practicable and while prioritizing human safety and
security, shall make a reasonable effort to search for the
qualified service animal.
B. This section does not require a public
accommodation or common carrier to permit an owner, trainer or
handler using a qualified service animal to have access to a
public accommodation or common carrier in circumstances in
which the individual's use of the qualified service animal
poses a direct threat of significant harm to the health or
safety of others."
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