[NFBMT] LC 2764

Tue Mar 12 17:18:50 UTC 2019

Good point, Dar!  Unfortunately, establishing a larger fine is beyond the
control of the NFB-MT.  Lots of folks are involved in bill drafting, and
this means whatever  language is adopted in a bill reflects many points of
view and lots of compromise.  Right now, there are individuals and groups
engaged in bill drafting who believe fines should be kept low whenever
possible.  Our soon-to-be announced bill is one of many such bills and is
not being singled out.  To push for stiffer fines, please reach out to your
legislators.  Either Joy or I will post on this list how to message
committee Members and other legislators.  BTW, I also think the proposed
fine is probably too light.  At the same time, it's wonderful to realize our
legislature is actually addressing one of our concerns.  We might just get
this bill passed.

Best!

Jim Marks
President, National Federation of the Blind of Montana
president at nfbofmt.org
(406) 438-1421

-----Original Message-----
From: NFBMT <nfbmt-bounces at nfbnet.org> On Behalf Of d m gina via NFBMT
Sent: Monday, March 11, 2019 2:52 PM
To: nfbmt at nfbnet.org
Cc: d m gina <dmgina at mysero.net>
Subject: Re: [NFBMT] LC 2764

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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-- 
--Dar
skype: dmgina23
  FB: dmgina
www.twitter.com/dmgina
every saint has a past
every sinner has a future

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