SENATE BILL No. 663

 

 

November 28, 2017, Introduced by Senator MACGREGOR and referred to the Committee on Local Government.

 

 

 

     A bill to amend 1981 PA 82, entitled

 

"An act to prohibit a person from representing that he or she is in

possession of a service animal in public places, unless that person

is a person with a disability; and to prescribe penalties,"

 

by amending sections 1, 2, 3, and 4 (MCL 752.61, 752.62, 752.63,

 

and 752.64), sections 1, 2, and 3 as amended and section 4 as added

 

by 2015 PA 147.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Emotional support animal" means an assistance animal that

 

provides emotional support to a person with a disability who has a

 

disability-related need for that support.

 

     (b) "Health care provider" means 1 of the following:

 


     (i) A health professional licensed or otherwise authorized to

 

engage in the practice of medicine or the practice of osteopathic

 

medicine and surgery under article 15 of the public health code,

 

1978 PA 368, MCL 333.16101 to 333.18838.

 

     (ii) A health facility or agency licensed under article 17 of

 

the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.

 

     (iii) A local health department as that term is defined in

 

section 1105 of the public health code, 1978 PA 368, MCL 333.1105.

 

     (c) (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.

 

     (d) (b) As used in subdivision (a), (c), "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.

 

     (e) (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.

 

     (f) (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. (1) A person shall not falsely represent that he or

 

she is in possession of an emotional support animal, a service

 

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

 

a current or prospective landlord or other housing provider.

 

     (2) A person who certifies the need for a person with a

 

disability to possess an emotional support animal or a service

 

animal shall not falsely represent that need and shall satisfy all

 

of the following:

 

     (a) The person shall be a health care provider licensed in

 

this state or in another state.

 

     (b) The person shall maintain a physical office space where he

 

or she regularly treats patients.

 

     (c) The person shall document that he or she has treated the

 

person with a disability for at least 6 months before the date on

 

which a public or private entity requests documentation

 

establishing the validity of the person with a disability's alleged

 

disability and the nexus between that disability and the need for

 

the emotional support animal or service animal.

 

     (d) The person shall, upon request, provide the person with a

 

disability or a public or private entity requesting the

 

documentation described in subdivision (c) with a notarized letter


certifying that the person with a disability is disabled and that

 

the emotional support animal or service animal is necessary to

 

alleviate the effects of the disability that would otherwise

 

prevent the disabled person from having the same opportunities to

 

use a public place or residence as a nondisabled person.

 

     (e) The person shall provide the documentation described in

 

subdivision (d) on an annual basis, upon request.

 

     Sec. 3. (1) A person who knowingly violates this act 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.

 

     (2) A landlord or other housing provider who rents housing to

 

a person who knowingly violates this act shall evict that person as

 

provided in section 5714(1)(c)(i) or 5775(2)(k) of the revised

 

judicature act of 1961, 1961 PA 263, MCL 600.5714 and 600.5775.

 

     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 an emotional

 

support animal, a service animal, or a service animal in training,

 

or reports of a health care provider who is falsely certifying the

 

need for an emotional support animal or a service animal. 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.