HOUSE BILL No. 4313

March 5, 2015, Introduced by Reps. Hughes, Glenn, Yonker, Barrett, Victory, Callton, Lyons, Muxlow, Lauwers, Garcia, Kelly, Pagel, Outman, Brett Roberts, Bizon, Iden, Aaron Miller, Jenkins, Sheppard, Graves, Runestad, Maturen, LaFontaine, Forlini, Heise, Kesto, Webber, Lucido, Theis, Price and McCready and referred to the Committee on Regulatory Reform.

 

     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 place of public

 

or private housing, accommodation, amusement, or recreation,

 

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

 

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

 

store, public conveyance on air, 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 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 civil

 

rights shall maintain a list of organizations or trainers that

 

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

 

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

 

superintendent, agent, or employee of any 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 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 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 civil rights list of organizations or

 

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

 

dogs.

 

     (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.

 

     (b) "Audibly impaired" means audibly impaired that term as

 

defined in section 1 of 1981 PA 82, MCL 752.61.

 

     (c) "Blind person" means a blind person that term as defined

 

in section 1 of 1978 PA 260, MCL 393.351.

 

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

 

section 1 of 1981 PA 82, MCL 752.61.

 

     (e) "Person with disabilities" means a person who is meets 1

 

or more of the following conditions:

 

     (i) Is audibly impaired, is a blind person, is a deaf person,

 

or is otherwise physically limited.

 

     (ii) Is a veteran who has been diagnosed with 1 or more of the

 

following:

 

     (A) Symptoms associated with post-traumatic stress disorder.

 

     (B) Symptoms associated with traumatic brain injury.

 

     (C) Other service-related disabilities.

 

     (f) "Physically limited" means physically limited that term as

 

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

 

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

 

     (i) A person who served on active duty in the armed forces for

 

a period of more than 180 days and separated from the armed forces

 

in a manner other than a dishonorable discharge.

 

     (ii) A person discharged or released from active duty 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 active duty during a period of war,


 

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

 

authorized, and was released from active duty in a manner other

 

than a dishonorable discharge.