HB-4527, As Passed House, October 7, 2015HB-4527, As Passed Senate, October 6, 2015

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4527

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1981 PA 82, entitled

 

"An act to prohibit the use of certain collars or harnesses and

leashes on dogs in public places, except by deaf, audibly impaired,

or otherwise physically limited persons; and to prescribe

penalties,"

 

by amending the title and sections 1, 2, and 3 (MCL 752.61, 752.62,

 

and 752.63), the title and sections 1 and 2 as amended by 1984 PA

 

111, and by adding section 4.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to prohibit the use of certain collars or harnesses and

 

leashes on dogs a person from representing that he or she is in

 

possession of a service animal in public places, except by deaf,

 

audibly impaired, or otherwise physically limited persons; unless

 

that person is a person with a disability; and to prescribe


penalties.

 

     Sec. 1. As used in this act:

 

     (a) "Audibly impaired" means the inability to hear air

 

conduction thresholds at an average of 40 decibels or greater in

 

the better ear.

 

     (b) "Deaf person" means a person whose hearing is totally

 

impaired or whose hearing, with or without amplification, is so

 

seriously impaired that the primary means of receiving spoken

 

language is through other sensory input, including but not limited

 

to, lip reading, sign language, finger spelling, or reading.

 

     (c) "Physically limited" means physically limited as defined

 

in section 1 of Act No. 1 of the Public Acts of 1966, being section

 

125.1351 of the Michigan Compiled Laws.

 

     (a) "Person with a disability" means a person 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.

 

     (b) As used in subdivision (a), "person 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.

 

     (c) "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.

 


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

 

     (i) A person 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 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. 2. A person , except a person who is deaf, audibly

 

impaired, or otherwise physically limited shall not use or be

 

falsely represent that he or she is in possession of a dog that is

 

wearing a blaze orange leash and collar or harness service animal,

 

or a service animal in training, in any public place.

 

     Sec. 3. A person who knowingly violates this act is guilty of

 

a misdemeanor , punishable by a 1 or more of the following:

 

     (a) Imprisonment for not more than 90 days.

 

     (b) A fine of not more than $10.00.$500.00.

 

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

 

     Sec. 4. The department of civil rights shall use its existing

 

telephone complaint hotline to receive reports of a person falsely

 

representing that he or she is in possession of a service animal or

 

a service animal in training. The department may refer an alleged

 

violation of this act to the appropriate law enforcement agency for

 

investigation.

 


     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 all of the following bills of the 98th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 298.

 

     (b) Senate Bill No. 299.

 

     (c) House Bill No. 4521.