HOUSE BILL No. 4527

 

April 28, 2015, Introduced by Reps. Rutledge, Hughes, Moss, Kelly, LaVoy, Driskell, Darany, Dianda, Pscholka, Glenn, Lyons, Singh, Townsend, Barrett, Faris and Potvin and referred to the Committee on Military and Veterans Affairs.

 

     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.

 

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 satisfies

 

all of the following conditions:

 

     (i) Has a physical or mental impairment that substantially

 

limits 1 or more major life activities.

 

     (ii) Has a history or record of an impairment described in

 

subparagraph (i).

 

     (iii) Is perceived by other persons as having an impairment

 

described in subparagraph (i).

 

     (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 a dog or a miniature horse that has


been individually trained to do work or perform tasks for the

 

benefit of a person with a disability, including a physical,

 

sensory, psychiatric, intellectual, or other mental disability.

 

     Sec. 2. A person, except a person who is deaf, audibly

 

impaired, or otherwise physically limited a person with a

 

disability, 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 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.