[NFBMT] Montana HB364

Mon Mar 6 20:08:01 UTC 2017

Montana 65th Legislature HB0364.02

HOUSE BILL NO. 364

INTRODUCED BY D. LOGE, R. COOK, R. FITZGERALD, B. GRUBBS, W. MCKAMEY, W.
SALES,

D. SKEES, S. STAFFANSON, J. TREBAS, B. USHER, P. WEBB, R. WEBB

A BILL FOR AN ACT ENTITLED: 

"AN ACT REVISING LAWS GOVERNING SERVICE ANIMALS; 

ALLOWING FOR CERTAIN QUESTIONS TO BE ASKED OF A PERSON WHO REPRESENTS THAT
THE PERSON HAS A DISABILITY AND IS ACCOMPANIED BY A SERVICE DOG; 

REQUIRING THAT THE DOG BE UNDER THE HANDLER'S CONTROL; 

REQUIRING CERTAIN POSTING PROVISIONS; 

CREATING THE OFFENSE OF FRAUDULENT REPRESENTATION OF A SERVICE DOG; PROVIDING
PENALTIES; 

AND AMENDING SECTION 49-4-214, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 49-4-214, MCA, is amended to read:

"49-4-214. Right to be accompanied by service animal -- identification for
service animals in training. 

(1) A person with a disability has the right to be accompanied by a service
animal or a service animal in training with identification complying with
subsection (4) in any of the places mentioned in 49-4-211(2) without being
charged extra for the service animal. The person with a disability is liable
for any damage done to the property by the animal.

(2) A person with a disability who has a service animal or who obtains a
service animal is entitled to full and equal access to all housing
accommodations as provided in 49-2-305 and 49-4-212. The person with a
disability may not be required to pay extra compensation for the service
animal but is liable for any damage done to the premises by the service
animal.

(3) A person who is training a service animal is entitled to the same rights
and assumes the same responsibilities granted to a person with a disability
in this section.

(4) For the purposes of this section, a service animal in training that is a
dog shall wear a leash, collar, cape, harness, or backpack that identifies in
writing that the dog is a service animal in training. Other service animals
in training must also be identifiable by written identification as a service
animal in training. The written identification for service animals in
training must be visible and legible from a distance of at least 20 feet.

(5) If a person who has a service animal that is a dog represents that the
person has a disability for which the dog provides assistance and the person
wishes to access the places and accommodations mentioned in 49-4-211
accompanied by the dog in its capacity as a service animal:

(a) the person may be asked:

(i) whether the dog is a service animal that is required because of a
disability; and

(ii) to describe the work or task the dog is trained to perform; and

(b) the dog must be under the handler's control as required under 28 CFR
35.136.

(6) A notice posted at a place or accommodation mentioned in 49-4-211 that
dogs or other animals are prohibited on the premises must also indicate that
a person may be accompanied by a service animal subject to the provisions of
this section and [section 2]."

NEW SECTION. Section 2. Fraudulent representation of service dog -- penalty
-- COMPLAINT -- INVESTIGATION. 

(1) A person who knowingly and willfully represents that a dog is a service
animal by fitting the dog with a leash, collar, cape, harness, backpack, or
sign that identifies the dog as a service animal, by using an identification
card commonly used by a person with a disability, or by claiming verbally or
in writing that the dog is a service dog in order to fraudulently access the
places and accommodations mentioned in 49-4-211 with the dog is guilty of a
misdemeanor and upon conviction shall be punished by a fine of not less than
$50 and not more than $500.

(2) In addition to the penalty provided in subsection (1), a person convicted
of the offense of fraudulent representation of a service dog under subsection
(1) may be required to perform community service for an organization that
advocates on behalf of persons with disabilities.

(3) (A) A PERSON WHO SUSPECTS FRAUDULENT REPRESENTATION OF A SERVICE DOG MAY
FILE A COMPLAINT WITH THE COMMISSION FOR HUMAN RIGHTS ESTABLISHED UNDER
2-15-1706. THE COMPLAINT MUST BE WRITTEN AND VERIFIED AND MUST STATE THE
PARTICULARS OF THE ALLEGED FRAUDULENT REPRESENTATION.

(B) THE COMMISSION SHALL INVESTIGATE THE COMPLAINT WITHIN 30 DAYS OF RECEIPT
OF THE COMPLAINT.

(C) IF THE COMMISSION CONCLUDES THAT FRAUDULENT REPRESENTATION HAS NOT
OCCURRED, THE COMMISSION SHALL DISMISS THE COMPLAINT.

(D) IF THE COMMISSION CONCLUDES THAT FRAUDULENT REPRESENTATION HAS OCCURRED,
THE DEPARTMENT SHALL EITHER COMMENCE AN ACTION FOR A VIOLATION OF THIS
SECTION OR PROVIDE THE RESULTS OF ITS INVESTIGATION TO THE LOCAL LAW
ENFORCEMENT ENTITY HAVING JURISDICTION.

NEW SECTION. Section 3. Codification instruction. [Section 2] is intended to
be codified as an integral part of Title 49, chapter 4, part 2, and the
provisions of Title 49, chapter 4, part 2, apply to [section 2].

-     - Authorized Print Version - HB 364

65th Legislature 

HB0364.02

Joy Breslauer, President

National Federation of the Blind of Montana 

Web Site: http://www.nfbofmt.org <http://www.nfbofmt.org/> 

Live the life you want

The National Federation of the Blind 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.