TITLE 56

PUBLIC ASSISTANCE AND WELFARE

CHAPTER 7

RIGHTS OF INDIVIDUALS WITH DISABILITIES

56-701A.  Definitions. As used in this chapter and chapter 58, title 18, Idaho Code:

(1)  "Assistance device" means a cane or walking stick, predominantly white or metallic in color, with or without red tip, or a manual or motorized wheelchair or similar scooter, or other similar devices that enhance the safety or mobility of a disabled person.

(2)  "Dog-in-training" means a dog being specifically trained to develop social, environmental, and other skills needed for work with or to perform tasks for an individual with a disability. Dogs-in-training shall wear a jacket, collar, scarf, or other similar article identifying it as a dog-in-training.

(3)  "Individual with a disability" means an individual who has a disability as defined by the federal Americans with disabilities act, 42 U.S.C. 12101 et seq., and its implementing regulations effective as of January 1, 2019.

(4)  "Place of public accommodation" shall have the same meaning as provided in the federal Americans with disabilities act, 42 U.S.C. 12101 et seq., and its implementing regulations.

(5)  "Service dog" means a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for purposes of this chapter. The work or tasks performed by the service dog must be directly related to the individual’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this chapter.

History:

[56-701A, added 1984, ch. 147, sec. 5, p. 344; am. 1992, ch. 58, sec. 5, p. 170; am. 1994, ch. 159, sec. 2, p. 360; am. 1997, ch. 267, sec. 8, p. 766; am. 2002, ch. 345, sec. 34, p. 977; am. 2010, ch. 235, sec. 49, p. 588; am. 2018, ch. 144, sec. 1, p. 298; am. 2019, ch. 213, sec. 10, p. 647.]