[NFBMT] LC 2764

[d m gina]

i have many questions on behalf of this bill,
one is the cost $100 if they miss treat the dog or handler with the dog/
Then the price goes up to $500.
It seems to me just a slap on the hand, and we as dog handlers will be 
laughed at.
Then problem doesn't stop.
Just my thought.


Original message:
> 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.



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