[NFBMT] HB 439 Revise laws related to misrepresented service animals

Sun Mar 10 10:05:10 UTC 2019

I seem to remember something like this coming up before the 2017 legislature.
This one is sponsored by Rep. Denley M. Loge, (R. HD14.) It will have a
hearing on march 11, 2019, at 8:00 A.M. before the House Judiciary Committee,
in room 137.  

In my opinion, the definition of what is or is not a service dog is already
dealt with by the ADA, and so this bill is a solution in search of a problem.
I think it also could be used to unnecessarily harass legitimate service
animal users, if the legitimacy of a service animal is continually called
into question.  It also makes me wonder what qualifies an individual to be in
charge of determining what is or is not a legitimate service animal,
especially for someone who does not have an obvious disability.  Also,
identifying the service animal by a cape, harness, or sign that is legible
from twenty feet away is not necessarily a guarantee that it is a true
service animal; you can buy legitimate-looking service animal capes,
harnesses, signs, and other forms of authentication off the Internet, and
even letters of certification from doctors or other professionals.  And if
the person with the service animal doesn’t answer the questions to the
satisfaction of the questioner, that could lead to an otherwise avoidable
incident.   

I think dog guides are usually self-explanatory, but there are some people
who see quite well and have a dog guide, and some who train their own.  So
how would they prove they have a legitimate service animal under this bill?

What say you all?

I will be trying to find or build a link to register my testimony with the
committee.  When and if I do, I will let you know.  Otherwise, failing that,
see below.

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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].

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National Federation of the Blind of Montana 

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