Bill Text: MI HB5812 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Crimes; other; definition of service animal; revise. Amends sec. 502c of 1931 PA 328 (MCL 750.502c).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-02-17 - Printed Bill Filed 02/17/2010 [HB5812 Detail]

Download: Michigan-2009-HB5812-Introduced.html

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HOUSE BILL No. 5812

 

February 16, 2010, Introduced by Reps. Kennedy, Opsommer, Walsh, Womack and Huckleberry and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 502c (MCL 750.502c), as amended by 1998 PA 38.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 502c. (1) A person who is an owner, lessee, proprietor,

 

manager, superintendent, agent, or employee of any a place of

 

public or private housing, accommodation, amusement, or recreation,

 

including but not limited to any an inn, hotel, motel, apartment

 

building, trailer park, restaurant, barbershop, billiard parlor,

 

store, public conveyance on land or water, theater, motion picture

 

house, public or private educational institution, or elevator, who

 

refuses to permit a person with disabilities to enter or use the

 

place when the place is available because the person with

 

disabilities is being led or accompanied by a guide or leader dog,

 

hearing dog, or service dog service animal is guilty of a

 

misdemeanor if the guide or leader dog is wearing a harness or if

 

the hearing dog or service dog is wearing a blaze orange leash and

 

collar, hearing dog cape, or service dog backpack, and the person

 

with disabilities being led or accompanied has in his or her

 

possession a pictured identification card certifying that the dog

 

was trained by a qualified organization or trainer. The department

 

of labor shall maintain a list of organizations or trainers that

 

train guide or leader dogs, hearing dogs, and service dogs.

 

punishable by imprisonment for not more than 90 days or a fine of

 

not more than $500.00, or both.

 

     (2) A person who is an owner, lessee, proprietor, manager,

 

superintendent, agent, or employee of any a place of public or

 

private housing, accommodation, amusement, or recreation,

 

including, but not limited to, the places listed in subsection (1),

 

who refuses to permit a trainer of guide or leader dogs, hearing

 

dogs, or service dogs service animals to enter or use the place

 

when the place is available because the trainer is being led or

 

accompanied by a guide or leader dog, hearing dog, or service dog

 

service animal is guilty of a misdemeanor if the guide or leader

 

dog is wearing a harness or if the hearing dog or service dog is

 

wearing a hearing dog cape or service dog backpack, if the trainer

 

is being led or accompanied by an adult dog for the purpose of

 

training the dog, and if the trainer has in his or her possession

 

picture identification and identification stating that he or she is

 

a representative or employee of an organization or trainer, or is a

 

trainer, included on the department of labor list of organizations

 

or trainers that train guide or leader dogs, hearing dogs, or

 

service dogs punishable by imprisonment for not more than 90 days

 

or a fine of not more than $500.00, or both.

 

     (3) As used in this section:

 

     (a) "Adult dog" means a domestic dog of the species canis

 

familiaris that is 12 months of age or older.

 

     (a) (b) "Audibly impaired" means audibly impaired as defined

 

in section 1 of 1981 PA 82, MCL 752.61.

 

     (b) (c) "Blind person" means a blind person as defined in

 

section 1 of 1978 PA 260, MCL 393.351.

 

     (c) (d) "Deaf person" means a deaf person as defined in

 

section 1 of 1981 PA 82, MCL 752.61.

 

     (d) (e) "Person with disabilities" means a person who is

 

audibly impaired, blind, deaf, or otherwise physically limited.

 

     (e) (f) "Physically limited" means physically limited that

 

term as defined in section 1 of 1966 PA 1, MCL 125.1351.

 

     (f) "Service animal" means a guide dog, signal dog, or other

 

animal individually trained to do work or perform tasks for the

 

benefit of a person with disabilities, including, but not limited

 

to, guiding a blind person, alerting an audibly impaired person or

 

a deaf person to intruders or sounds, providing minimal protection

 

or rescue work, pulling a wheel chair, or fetching dropped items.