February 27, 1999

Mr. President:

Your JUDICIARY COMMITTEE, to whom has been referred

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 1, line 23, strike "as a guide dog".

2. On page 2, strike lines 1 through 19 in their entirety and insert in lieu thereof the following:

"C. It is unlawful for any person, with no legal justification, to:

(1) intentionally interfere with the use of a service dog by harassing or obstructing the service dog user or the service dog; or

(2) intentionally fail or refuse to control his animal, and the animal interferes with or obstructs the service dog user or the service dog.

D. The provisions of this section shall not apply to animals on private property not open to the public.

E. A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be punished pursuant to Section 31-19-1 NMSA 1978. A person convicted under

this section may be ordered to pay restitution, including the cost

of veterinary bills and replacement and training costs of the service animal, if required as a result of the violation.".

3. On page 2, after line 22, insert a new subsection to read:

"G. As used in this section, "Assistance animal" includes an animal recognized as a service animal pursuant to the Americans with Disabilities Act of 1990.".

Respectfully submitted,

__________________________________

Michael S. Sanchez, Chairman

Adopted_______________________ Not Adopted_______________________

(Chief Clerk) (Chief Clerk)

Date ________________________

The roll call vote was 5 For 0 Against

Yes: 5

No: None

Excused: Aragon, Sanchez, Tsosie

Absent: None

S0498JU1 .127346.6/a