HB-4521, As Passed Senate, October 6, 2015





























     A bill 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.




     Sec. 1. As used in this act:


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


     (b) "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.


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


includes a veteran who has been diagnosed with 1 or more of the




     (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 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. 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 with a disability.


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


patch described in subsection (1), the person seeking the materials


shall provide all of the following:


     (a) An affidavit signed by the person 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




     (b) Documentation from an appropriate health care or


rehabilitation professional that the individual requires the


assistance of a service animal due to a disability.


     Sec. 5. The department shall use its existing telephone


complaint hotline to receive reports of problems encountered by a


person with a disability using a service animal and to receive


reports of a person impersonating a person with a disability and


using a service animal. The department may refer an alleged


violation of section 3(2)(a) 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) is guilty of a


misdemeanor punishable by 1 or more of the following:


     (a) Imprisonment for not more than 90 days.


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


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


     Enacting section 1. This act takes effect 90 days after the


date it is enacted into law.


     Enacting section 2. This act does not take effect unless all


of the following bills of the 98th Legislature are enacted into




     (a) Senate Bill No. 298.


     (b) Senate Bill No. 299.


     (c) House Bill No. 4527.