Republicans on the state Senate Judiciary Committee killed a bill Monday that would have criminalized attempts to pass off a pet as a service animal for the disabled.
The committee defeated House Bill 1308 on a 3-2 party-line vote. Sen. Kevin Lundberg of Berthoud said the legislation lacked a clear definition of what qualifies as a service dog.
“I don’t know how in the world it can be enforceable,” he said.
Committee chairwoman Ellen Roberts of Durango said it’s foul for someone to fraudulently take advantage of an accommodation for the disabled but that “karma” should take care of offenders. She said she wasn’t in favor of “creating a new crime.”
They were joined in their opposition by fellow Republican Sen. John Cooke of Greeley, the former Weld County sheriff. The bill had passed the state House unanimously on March 29.
Sen. Linda Newell, a Littleton Democrat who sponsored the bill, said people sometimes falsely claim their pet is a service animal to take it into stores or avoid pet fees on airlines and in hotels.
She said the legislation was aimed at those who “intentionally or knowingly” take advantage of the service animal privilege.
“It’s an increasing problem, and law enforcement has been asking for a tool,” she said. “Associations for the disabled have been asking for a tool.”
She said legitimate service animals are being kept out of businesses because of misbehaving animals that are not trained.
County Sheriffs of Colorado voted unanimously to support the bill, saying it would create a deterrent to those who lie about their pets’ training, said the association’s lobbyist, Peg Ackerman.
The Colorado Cross-Disability Coalition, the Colorado Association of Animal Control Officers, the Colorado Retail Council, Canine Companions for Independence, and Freedom Service Dogs also spoke in support of the bill Monday.
Lauren Fortmiller of Lakewood, whose Labradoodle assists her with her brain injury, told the committee that the bill could have unintended consequences.
“It makes me very worried for people who have trained their own dogs,” she said, adding that the law would discourage people from using the animals.
Under the Americans with Disabilities Act, people can train their own animals, but the Colorado bill would have put that practice in jeopardy and forced people to pay potentially thousands of dollars for training, Fortmiller said.
Joey Bunch: 303-954-1174, jbunch@denverpost.com or @joeybunch