Bill Text: MI HB5357 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Animals; service animals; requirements for identification card and patch; revise to include basic obedience program certificate of completion or its equivalent. Amends secs. 1, 3, 5 & 7 of 2015 PA 146 (MCL 37.301 et seq.). TIE BAR WITH: HB 5281'17

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-12-28 - Bill Electronically Reproduced 12/13/2017 [HB5357 Detail]

Download: Michigan-2017-HB5357-Introduced.html

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HOUSE BILL No. 5357

 

 

December 13, 2017, Introduced by Rep. Lucido and referred to the Committee on Agriculture.

 

     A bill to amend 2015 PA 146, entitled

 

"An act to provide for the voluntary issuance of identification and

patches for service animals; and to provide for certain powers and

duties of the department of civil rights,"

 

by amending sections 1, 3, 5, and 7 (MCL 37.301, 37.303, 37.305,

 

and 37.307).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Department" means the department of civil rights.

 

     (b) "Person "Individual with a disability" means a person an

 

individual who has a disability as defined in section 12102 of the

 

Americans with disabilities act of 1990, 42 USC 12102, and 28 CFR

 

36.104.

 

     (c) As used in subdivision (b), "person "individual with a

 

disability" includes a veteran who has been diagnosed with 1 or

 

more of the following:

 

     (i) Post-traumatic stress disorder.

 

     (ii) Traumatic brain injury.

 

     (iii) Other service-related disabilities.

 

     (d) "Service animal" means all of the following:

 

     (i) That term as defined in 28 CFR 36.104.

 

     (ii) A miniature horse that has been individually trained to

 

do work or perform tasks as described in 28 CFR 36.104 for the

 

benefit of a person with a disability.

 

     (e) "Veteran" means any of the following:

 

     (i) A person An individual who performed military service in

 

the armed forces for a period of more than 90 days and separated

 

from the armed forces in a manner other than a dishonorable

 

discharge.

 

     (ii) A person An individual discharged or released from

 

military service because of a service-related disability.

 

     (iii) A member of a reserve branch of the armed forces at the

 

time he or she was ordered to military service during a period of

 

war, or in a campaign or expedition for which a campaign badge is

 

authorized, and was released from military service in a manner

 

other than a dishonorable discharge.

 

     Sec. 3. (1) Subject to subsection (2), the department shall

 

develop and make available upon request a voluntary identification

 

and patch for a service animal for a person an individual with a

 

disability.

     (2) To be eligible to receive the voluntary identification and

 

patch described in subsection (1), the person an individual seeking

 

the materials shall provide all of the following:

 

     (a) An affidavit signed by the person individual seeking the

 

identification and patch attesting that the service animal for

 

which the identification and patch are being sought has been

 

trained to be a service animal for use by a person with a

 

disability.individually trained to do work or perform tasks for the

 

benefit of an individual with a disability.

 

     (b) Documentation from an appropriate health care or

 

rehabilitation professional that the individual requires the

 

assistance of a service animal due to a disability.

 

     (c) A basic obedience program certificate of completion issued

 

by a basic obedience training instructor or provider under section

 

9 of the assistance animal basic obedience training and instruction

 

act, or the equivalent as determined by the department.

 

     Sec. 5. The department shall use its existing telephone

 

complaint hotline to receive reports of problems encountered by a

 

person an individual with a disability using a service animal and

 

to receive reports of a person an individual impersonating a person

 

an individual with a disability and using a service animal. The

 

department may refer an alleged violation of section 3(2)(a) or (c)

 

to the appropriate law enforcement agency for investigation.

 

     Sec. 7. A person who knowingly or willingly submits a false or

 

fraudulent affidavit under section 3(2)(a) or a false or fraudulent

 

basic obedience program certificate of completion or the equivalent

 

under section 3(2)(c) is guilty of a misdemeanor punishable by 1 or

more of the following:

 

     (a) Imprisonment for not more than 90 93 days.

 

     (b) A fine of not more than $500.00.

 

     (c) Community service for not more than 30 days.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5281 (request no.

 

04634'17) of the 99th Legislature is enacted into law.