[NFBMT] LC 2764

[B&J BRESLAUER]

This is the current text of the draft of the guide dog bill that is being
prepared for the 2019 Legislature.  It has not been moved forward yet, but I
am checking on it every day to see when it will.  It doesn't have a bill
number yet.

 

2019 Montana Legislature

 

UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!

 

BILL NO.

 

INTRODUCED BY


 

(Primary Sponsor)

 

A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING MISDEMEANOR PENALTIES FOR
HARASSING OR HARMING A SERVICE ANIMAL; PROVIDING THAT INTENTIONALLY DEPRIVING

A HANDLER OF A SERVICE ANIMAL BY UNAUTHORIZED FORCE CONSTITUTES THEFT; AND
ALLOWING RESTITUTION FOR DAMAGES."

 

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

 

NEW SECTION.  Section 1.  Harassment or harm of service animal. (1) A person
commits the offense of harassment of a service animal if the person:

 

     (a) continues behavior that interferes with the use of a service animal
by obstructing, intimidating, or otherwise jeopardizing the safety of the

service animal or the service animal's handler after the person has received
notice on the behavior;

 

     (b) negligently causes the harm, disability, or death of a service
animal; or

 

     (c) is the owner of a dog or other animal and negligently allows the dog
or other animal to interfere with the use of a service animal by obstructing,

intimidating, or otherwise jeopardizing the safety of or causing harm to a
service animal or the service animal's handler.

 

     (2) (a) A person convicted of a first offense of harassment of a service
animal is guilty of a misdemeanor and shall be fined no more than $100.

 

     (b) A person convicted of a second or subsequent offense of harassment
of a service animal is guilty of a misdemeanor and shall be fined no less
than

$250 and no more than $500.

 

     (3) For the purposes of this section, the following definitions apply:

 

     (a) "Notice" means a verbal or otherwise communicated warning regarding
the behavior of another person and a request that the person stop the
behavior.

 

     (b) "Service animal" has the meaning provided in 49-4-203.     

 

NEW SECTION.  Section 2.  Unauthorized control of service animal. (1) A
person commits the offense of unauthorized control of a service animal as
defined

in 49-4-203 if the person purposefully or knowingly obtains or exerts
unauthorized control over a service animal with the intent to deprive the
service

animal's handler of the service animal.

 

     (2) A person convicted of unauthorized control of a service animal is
guilty of misdemeanor theft and shall be punished as provided in 45-6-301.


 

NEW SECTION.  Section 3.  Restitution for harassment, harm, or unauthorized
control of service animal. (1) A person convicted of a violation of [section

1 or 2] must be ordered to make full restitution of all damages, including
incidental and consequential expenses incurred by the service animal handler

that arise out of or are related to the violation.

 

     (2) Restitution of applicable costs may include but is not limited to:

 

     (a) the value of an incapacitated or deceased service animal and the
training of a replacement service animal;

 

     (b) the retraining of an affected service animal;

 

     (c) related veterinary and care expenses; and

 

     (d) medical expenses of the service animal handler, training of the
service animal handler, and compensation for wages or earned income lost by
the

service animal handler.

 

     (3) Nothing in this section affects any civil remedies available for a
violation of [sections 1 and 2] and this section.

 

     (4) For the purposes of this section, the following definitions apply:

 

     (a) "Service animal" has the meaning provided in 49-4-203.  **See
comment by Joy below.**

 

     (b) "Value" means the valuation of a service dog, including but not
limited to the initial cost to purchase the animal and other expenses
incurred,

such as the cost of training, licensing, and hardware necessary for the use
of a service animal.     

 

NEW SECTION.  Section 4.  Codification instruction. [Sections 1 through 3]
are intended to be codified as an integral part of Title 45, chapter 8, part

2, and the provisions of Title 45, chapter 5, part 2, apply to [sections 1
through 3].

 

- END -

 

** According to Montana Code Annotated (MCA 49-4-203), the definition of a
"Service animal" means a dog or other animal individually trained to provide
assistance to an individual with a disability.

 

ADA Federal law always supersedes state law.**

 

Joy Breslauer, First Vice 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 is a community of members and friends
who believe in the hopes and dreams of the nation's blind. Every day we work
together to help blind people live the lives they want.