[NFBMT] Montana Legislative Update

Tue Feb 12 20:45:01 UTC 2019

For your information, here are three bills coming before the Montana
legislature regarding the definition of a service animal and the protection
of an animal in service.

HB439 Short Title:  Revise laws related to misrepresented service animals

Primary Sponsor: Denley M Loge, (R) HD 14

It has had its first reading before the House Judiciary Committee and has not
been tabled.

It is scheduled to be heard again before the House Judiciary Committee on
March 11, 2019.

Here is the current text of the bill.

2019 Montana Legislature

HOUSE BILL NO. 439

INTRODUCED BY D. LOGE

A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING LAWS RELATED TO
SERVICE ANIMALS; DEFINING THE TYPES OF ANIMALS ALLOWED AS 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 ANIMAL; REQUIRING
THAT THE ANIMAL BE UNDER THE HANDLER'S CONTROL; REQUIRING CERTAIN POSTING
PROVISIONS; CREATING PROCEDURES FOR IDENTIFYING AND EXCUSING A MISREPRESENTED
SERVICE ANIMAL; ALLOWING COMPLAINTS OF A MISREPRESENTED SERVICE ANIMAL TO BE
FILED WITH THE COMMISSION FOR HUMAN RIGHTS; CREATING A MISDEMEANOR OFFENSE
FOR THE MISREPRESENTATION OF A SERVICE ANIMAL; AND AMENDING 49-4-203 AND
49-4-214, MCA."

     WHEREAS, instances of misrepresenting an animal as a service animal have
increased, which puts at risk those around the misrepresented service animal
and also risks further discrimination against those with disabilities; and

     WHEREAS, the use of a misrepresented service animal erodes the public's
trust of service animals that are well trained, adequately equipped, and
fully serving the person with a disability they are entrusted to guide, aid,
or protect.

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

     Section 1.  Section 49-4-203, MCA, is amended to read:

     "49-4-203.  Definitions. (1) "Housing accommodation" means any real
property or portion of real property that is used or occupied or is intended,
arranged, or designed to be used or occupied as the home, residence, or
sleeping place of one or more human beings. The term does not include any
single-family residence the occupants of which furnish for compensation not
more than one room within the residence.

     (2)  "Service animal" means a dog or other animal miniature horse
individually trained to provide assistance to an individual with a
disability. The term does not include an emotional support animal."

     Section 2.  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 has a service animal that provides assistance and the
person wishes to access the places and accommodations mentioned in 49-4-211
accompanied by the animal in its capacity as a service animal:

     (a) the animal must be under the handler's control as required under 28
CFR 35.136 that is in effect as of [the effective date of this act]; and

     (b) the person may be asked by a representative of the place or
accommodation:     

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

     (ii) to describe the work or task the animal is trained to perform.

     (6) If the animal described in subsection (5) is not under the handler's
control or the handler is unable to answer the allowed questions adequately,
the handler may be asked to remove the animal from the place or
accommodation.

     (7) If a place or accommodation mentioned in 49-4-211 posts a notice
that dogs or other animals are prohibited on the premises, the place or
accommodation must also indicate that a person may be accompanied by a
service animal subject to the provisions of this chapter."

     NEW SECTION.  Section 3.  Misrepresentation of a service animal --
complaint -- investigation. (1) A person who knowingly and willfully
represents that an animal is a trained service animal by fitting the animal
with a leash, collar, cape, harness, backpack, or sign that identifies the
animal as a service animal or claims verbally or in writing that the animal
is a service animal in order to access the places and accommodations
mentioned in 49-4-211 with the animal, and it is found that the animal is not
properly trained to provide services required of a service animal, the person
may be asked to remove the animal from a place or accommodation as mentioned
in 49-4-211 and a complaint may be filed against the person as provided in
subsection (3).

     (2) An animal may be determined to lack the proper training required of
a service animal if the animal exhibits unwanted behaviors including:

     (a) barking inappropriately;

     (b) urinating or defecating inappropriately;

     (c) displaying unwanted attention toward other patrons;

     (d) eating off a floor, table, or other surface; or

     (e) displaying disruptive behavior that requires excessive efforts from
the handler to control.

     (3) (a) A representative of a place or accommodation mentioned in
49-4-211 who suspects that an animal is being misrepresented as a service
animal to gain entry to the place or accommodation 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
misrepresentation.

     (b) The commission shall investigate the complaint within 30 days of
receipt of the complaint.

     (c) If the commission concludes that a misrepresentation has not
occurred, the commission shall dismiss the complaint.

     (d) If the commission concludes that a misrepresentation has occurred,
the commission shall either provide the results of its investigation to the
local law enforcement entity having jurisdiction or may certify the complaint
for hearing pursuant to 49-2-505. 

     NEW SECTION.  Section 4.  Misrepresentation of a service animal --
misdemeanor -- penalty. (1) A person who misrepresents a service animal as
provided in [section 3] may be found guilty of a misdemeanor and upon
conviction shall by punished by a fine of not more than $100.

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

NEW SECTION.  Section 5.  Codification instruction. [Sections 3 and 4] are
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 [sections 3 and 4].

HB 446 Short Title: Create misdemeanor offense for intentional
misrepresentation of a service animal 

Primary Sponsor: Mary Ann Dunwell  (D) HD 84 

It has had its first reading before the House Judiciary Committee and has not
been tabled.

It is scheduled to be heard again before the House Judiciary Committee on
March 11, 2019.

Here is the text of the bill.

2019 Montana Legislature

HOUSE BILL NO. 446

INTRODUCED BY M. DUNWELL

A BILL FOR AN ACT ENTITLED: "AN ACT MAKING IT A MISDEMEANOR TO INTENTIONALLY
MISREPRESENT A SERVICE ANIMAL; REVISING THE DEFINITION OF SERVICE ANIMAL; AND
AMENDING SECTIONS 49-4-203 AND 49-4-214, MCA."

     WHEREAS, under the Americans with Disabilities Act of 1990, 42 U.S.C.
12101, et seq., dogs that have been trained to do work or perform a task for
the benefit of a person with a disability and whose work or task is directly
related to the individual's disability meet the definition of a service
animal; and

     WHEREAS, properly trained service animals play a vital role in helping
individuals with disabilities achieve and maintain independence, and the
status of service animals is therefore protected by federal and state laws
requiring places of public accommodation, including restaurants, theaters,
stores, hospitals, and more to allow any animal that is presented as a
service animal or a service animal in training into the place of public
accommodation; and

     WHEREAS, no vest, marking, certification, or other documentation is
required for an animal to qualify as a service animal, and in order to
protect the privacy of individuals with disabilities, federal law permits
business owners and other members of the public to ask only two specific
questions to attempt to ascertain the legitimacy of an animal being presented
as a service animal:

     (1) "Is the dog a service animal required because of a disability?"; and

     (2) "What work or task has the dog been trained to perform?"; and

     WHEREAS, there is an increasing number of occurrences of people bringing
pets, therapy animals, and emotional support animals into a place where the
animal would otherwise not be allowed to enter by passing the animal off as a
service animal or service animal in training, either by oral
misrepresentation, placing a misleading vest or other article on the animal,
or presenting a falsified certificate despite knowing that the animal is not
a service animal; and

     WHEREAS, when people exploit the confusion regarding service animals in
order to bring animals that are not properly trained into places of public
accommodation, it can create disruption and destruction in businesses and
other places, it undermines the legitimacy of the service animal program, and
it interferes with the ability of persons with disabilities to utilize their
properly trained, necessary service animals; and

     THEREFORE, the Legislature finds that in order to deter and punish the
practice of bringing an animal into places where it would not otherwise be
allowed by passing the animal off as a service animal, it is necessary to
make the intentional misrepresentation of a service animal a criminal
offense.

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

     Section 1.  Section 49-4-203, MCA, is amended to read:

     "49-4-203.  Definitions. (1) "Housing accommodation" means any real
property or portion of real property that is used or occupied or is intended,
arranged, or designed to be used or occupied as the home, residence, or
sleeping place of one or more human beings. The term does not include any
single-family residence the occupants of which furnish for compensation not
more than one room within the residence.

     (2)  "Service animal" means a dog or other animal individually trained
to provide assistance to that has been individually trained to do work or
perform a task for an individual with a disability."

     Section 2.  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) This section does not modify, limit, or supersede the protections
afforded under the Americans with Disabilities Act of 1990, 42 U.S.C. 12101,
et seq."

     NEW SECTION.  Section 3.  Intentional misrepresentation of a service
animal -- penalty. (1) A person who intentionally misrepresents that an
animal in the person's possession is a service animal or service animal in
training for the purpose of obtaining any of the rights or privileges
afforded to service animals under 49-4-214 or federal law is guilty of a
misdemeanor if:

     (a) the person was previously given a written warning regarding the fact
that it is illegal to intentionally misrepresent a service animal; and

     (b) the person knows that the animal in question is not a service animal
or service animal in training.

     (2) A person who violates subsection (1) shall be punished as follows:

     (a) for a first offense, a fine of $50;

     (b) for a second offense, a fine of not less than $75 or more than $200;
and

     (c) for a third or subsequent offense, a fine of not less than $100 or
more than $1,000.

     NEW SECTION.  Section 4.  Codification instruction. [Section 3] 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 3].

 HB 379 

Short Title: Establish working animal protection act 

Primary Sponsor: Theresa Manzella  (R) HD 85 

It will have a hearing before the House Local Government Committee on
Thursday, February 14, 2019.

Here is the current text of the bill.

HOUSE BILL NO. 379

INTRODUCED BY T. MANZELLA

A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING PROTECTIONS FOR WORKING
ANIMALS; RESTRICTING LAWS, ORDINANCES, REGULATIONS, OR RULES THAT BAN THE USE
OF WORKING ANIMALS OR WORKING ANIMAL ENTERPRISES IN COMMERCE OR SERVICE; AND
PROVIDING A DEFINITION."

     WHEREAS, the right to use a working animal for the mutual benefit and
welfare of the animal and those it serves is guaranteed.

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

     NEW SECTION.  Section 1.  Working animal protection. (1) A local
government unit as defined in 2-11-103 may not enact a law, ordinance,
regulation, or rule that terminates, bans, or effectively bans by creating
undue financial hardship the job or use of a working animal or a working
animal enterprise in commerce or service, including but not limited to the
fields of entertainment, transportation, education, exhibition, ranching, or
service.

     (2) Current state and federal law that regulates animal care and public
health and safety remains in effect.

     (3) For the purposes of this section, "working animal" means an animal
used to perform a specific duty or function in commerce or service, including
but not limited to an animal in entertainment, transportation, education,
exhibition, ranching, or service.

     NEW SECTION.  Section 2.  Codification instruction. [Section 1] is
intended to be codified as an integral part of Title 81, and the provisions
of Title 81 apply to [section 1].

Joy Breslauer, Public Policies Committee Chair 

National Federation of the Blind of Montana 

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

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