[NFBMD] NFB Maryland 2021 Service Dog Legislation

[Sherry Shirek]

Greetings Maryland Federation Family, Guide Dog Users and friends,

Sharon Maneki,  Director of Legislation and Advocacy for our Maryland
NFB affiliate shared with me the following service dog bill that the
National Federation of the Blind of Maryland got passed and signed by
the Governor in 2021.
See bill pasted below:

LAWRENCE J. HOGAN, JR., Governor	Ch. 178


Chapter 178


AN ACT concerning



(House Bill 234)


Criminal Law – Harm to Service Animals


FOR the purpose of prohibiting a person from killing, injuring, or
interfering with the use of a certain service animal in a certain
manner, or allowing a certain animal to kill, injure, or interfere
with the use of a certain service animal in a certain manner;
establishing penalties for a violation of this Act; authorizing a
court to order a certain defendant to pay certain restitution as a
condition of sentencing; providing for the application of this Act;
and generally relating to harmful acts committed against service
animals.

BY repealing and reenacting, with amendments, Article – Criminal Law
Section 10–603
Annotated Code of Maryland
(2012 Replacement Volume and 2020 Supplement)

BY adding to
Article – Criminal Law Section 10–626
Annotated Code of Maryland
(2012 Replacement Volume and 2020 Supplement)

BY repealing and reenacting, without amendments, Article – Human Services
Section 7–701(a) and (g)
Annotated Code of Maryland
(2019 Replacement Volume and 2020 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

Article – Criminal Law

10–603.

Sections 10–601 through 10–608 AND 10–626 of this subtitle do not apply to:

(1)	customary and normal veterinary and agricultural husbandry
practices including dehorning, castration, tail docking, and limit
feeding;

Ch. 178	2021 LAWS OF MARYLAND

(2)	research conducted in accordance with protocols approved by an
animal care and use committee, as required under the federal Animal
Welfare Act or the federal Health Research Extension Act;

(3)	an activity that may cause unavoidable physical pain to an animal,
including food processing, pest elimination, animal training, and
hunting, if the person performing the activity uses the most humane
method reasonably available; or

(4)	normal human activities in which the infliction of pain to an
animal is purely incidental and unavoidable.

10–626.

(A)	In this section, “service animal” has the meaning stated in §
7–701 of the human services article.

(B)	A person may not willfully and maliciously:

(1)	Kill a service animal or allow an animal that the person owns or
over which the person has immediate control to kill a service animal;

(2)	Injure a service animal or allow an animal that the person owns or
over which the person has immediate control to injure a service
animal; or
(3)	Interfere with the use of a service animal or allow an animal that
the person owns or over which the person has immediate control to
interfere with the use of a service animal.

(C)	(1) a person who violates subsection (b)(1) or (2) of this section
is guilty of a misdemeanor and on conviction is subject to
imprisonment not exceeding 2 years or a fine not exceeding
$2,500 or both.

(2) a person who violates subsection (b)(3) of this section is guilty
of a misdemeanor and on conviction is subject to  imprisonment not
exceeding 1 year or a fine not exceeding $1,000 or both.
(3)	as a condition of sentencing, the court may order a defendant
convicted of violating this section to pay, in

Lawrence J. Hogan, Jr., Governor	ch. 178

Addition to fines and costs, full restitution for all damages arising
out of the offense, including:

(I)	The value of the service animal;

(II)	Replacement and training or retraining expenses for the service
animal and handler;

(III)	Veterinary and other medical and boarding expenses for the service animal;

(IV)	Medical expenses for the handler; and

(V)	Lost wages or income incurred by the handler during any period
that the handler is without the services of the service animal.

Article – Human Services

7–701.

(a)	In this subtitle the following words have the meanings indicated.

(g)	“Service animal” means a guide dog, signal dog, or other animal
individually trained to do work or perform tasks for the benefit of an
individual with a disability, including:

(1)	guiding individuals with impaired vision;

(2)	alerting individuals with impaired hearing to an intruder or sounds;

(3)	providing minimal protection or rescue work;

(4)	pulling a wheelchair;

(5)	fetching dropped items; or

(6)	detecting the onset of a seizure.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2021.

Approved by the Governor, May 18, 2021.

-- 
Sherry E. Shirek, Co-chair
Guide Dog Committee
National Federation of the Blind of Maryland
Mobile 701-781-3055
email sherrybeth7 at gmail.com
Pronouns: She, her, hers

The National Federation of the Blind of Maryland knows that blindness
is not the characteristic that defines you or your future. Every day
we raise the expectations of blind people, because low expectations
create obstacles between blind people and our dreams. You can live the
life you want; blindness is not what holds you back