2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 11 - Service Animal › Section 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 shall be placed pursuant to instructions provided by the owner, trainer or handler.
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.
History:
Laws 1989, ch. 242, § 2; 1999, ch. 262, § 2; 1999, ch. 288, § 2; 2005, ch. 224, § 3; 2013, ch. 57, § 3.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, provided for the entry of qualified service animals to buildings open to the public, public accommodations and public carriers; in the title of the section, deleted "assistance animals" and added "service animal"; in Paragraph (1) of Subsection A, deleted "assistance" and added "service" before "animal", in the first sentence, at the beginning of the sentence, added "a person with a disability who is using", after "and to all", added "other", after "public accommodations", deleted "such as restaurants, hotels, hospitals, swimming pools, stores" and added "and shall be allowed access to all", after "common carriers", deleted "and theaters", and after "owner", deleted "or", after "trainer", added "or a handler"; added the second sentence and at the beginning of the second sentence, deleted "No"; in the third sentence, after "A person shall", deleted "not", after "but", deleted "shall" and added "may", and after "damage done by the qualified service animal", added the remainder of the sentence; in Paragraph (2) of Subsection A, deleted "assistance" and added "service" before "animal", in the first sentence, after "reunited with the owner", deleted "or" and at the end of the sentence, after "trainer", added "or handler"; and added Subsection B.
The 2005 amendment,
effective June 17, 2005, added Subsection B to provide that in an emergency, requiring transportation or relocation of the owner or trainer, accommodations shall be made for the qualified assistance animal to remain with the owner or trainer.
The 1999 amendment,
effective June 18, 1999, deleted the Subsection A and B designations, substituted "assistance animal" for "service animal" and "assistance animal" for "service animal" throughout the section, substituted "person with a disability or a trainer of assistance animals" for "totally or partially blind, hearing impaired or mobility impaired person. B. Pursuant to Subsection A of this section" at the end of the first sentence, and inserted "qualified assistance" before "animal" at the end of the last sentence.