[NFBMT] HB 439 news on tv

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Montana Politics, 

News 

Proposed legislation would criminalize misrepresenting a service animal

MTN News 

March 11, 2019 

 

On Monday morning, the public had a chance to comment before the Montana
House Judiciary Committee on proposed legislation that would criminalize
misrepresenting a service animal.

House Bill 439 would generally revise laws related to service animals, define
the types of animals allowed as service animals, and allow businesses to ask
questions about the service animals.

 

The proposed legislation would also create procedures for identifying a
service animal and create a misdemeanor offense for misrepresenting one.

 

"People are misrepresenting their pet as a service dog," said bill sponsor
Rep. Denley Loge, R-St. Regis. "The problem I see with this is it's actually
eroding the respect for the service animals that are needed."

 

According to the current language of the bill, any person knowingly or
willfully representing an animal as a trained service animal that has not in
fact been properly trained can be fined $100.

 

HB 439 would also define a "service animal" as a dog or miniature horse
individually trained to provide assistance to an individual with a
disability. The definition does not include an emotional support animal.

 

Proponents who spoke at the hearing said they regularly have to deal with the
consequences of pet owners who fake a service animal.

 

Speakers recounted stories of their animal being denied entry to a business
because the establishment was frustrated by dealing with improperly trained
animals.

 

"We have these fake service dogs disrupting the legitimate work of service
dogs - or worse exhibiting aggressive behavior towards service dogs or
humans," said David Riggs of K9 Care Montana.

 

Riggs and his dog Griz demonstrated for the committee the capabilities of a
properly trained service animal. Griz aided Riggs in recovering from a fall
and picking up his cane and keys.

 

Riggs also expressed the concerns of service dog handlers to go to large
department stores out of the fear of encountering an improperly trained
animal.

 

"The whole idea is to get these wounded individuals out in public and
reintegrating into society," explained Riggs.

 

Executive Director of Dog Tag Buddies Deede Baker said one of the big
problems is that anyone can currently go online and register their animal as
a service animal.

 

"I went on just to see what I could do. I paid $80 to get an animal named
'toast' registered to a handler named 'peanut butter.' They never asked for
any proof of the animal's abilities. That's how easy it is to currently
register a service animal," said Baker.

 

Baker believes a fine or penalty needs to be in place or else people will
keep trying to pass off any animal as a service animal.

 

"I'm very supportive of a penalty. I think there has to be consequences for
misrepresenting these animals and enough of a deterrent before they take the
dog out in public and say it is a service dog," said Baker.

 

Baker added the hope is for Montana to align more with the Americans with
Disabilities Act.

 

"I'm just excited that Montana is really looking at this from the standpoint
that we want to protect businesses as well as the disabled community. I think
that's huge. We have to find a happy balance and I think working through this
bill is going to do that," said Baker.

 

Opponents of HB 439 argue the bill doesn't follow current federal law and
could lead to more discrimination.

 

"The Americans with Disabilities Act is very clear on the process for
identifying a service animal," said Joel Peden with Montana Independent
Living Project. "What we're concerned about is that becomes watered down and
that it really affects the legitimate service animals from having access to
public places."

 

Jim Marks, Montana State President of National Federation of the Blind,
appeared with his guide dog Kieran to oppose the bill as written.

 

"A lot of times the zeal to go after fraud gets so strong that it diminishes
the zeal to protect your right to make your way in this world as a person
with a disability, as a person with a service animal," said Marks.

 

Other opponents expressed similar concerns asking that lawmakers make
amendments to the bill to better reflect the Americans with Disabilities Act.

 

Each opponent and proponent MTN spoke with about HB 439 agreed that
individuals with service animals need better protections in Montana.

 

-Reported by John Riley/MTN News

 

C 2019, KRTV Communications, a CORDILLERA COMMUNICATIONS station. All rights
reserved 

       

Joy Breslauer, First Vice President

National Federation of the Blind of Montana 

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

 

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