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HF 3157

as introduced - 90th Legislature (2017 - 2018) Posted on 03/12/2018 04:23pm

KEY: stricken = removed, old language. underscored = added, new language.

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A bill for an act
relating to public safety; establishing a crime for misrepresenting an animal as a
service animal;proposing coding for new law in Minnesota Statutes, chapter 609.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[609.833] MISREPRESENTATION OF SERVICE ANIMAL.

Subdivision 1.

Definition.

For the purposes of this section, "service animal" has the
meaning given under the federal Americans with Disabilities Act, as amended.

Subd. 2.

Crime.

A person who knowingly misrepresents an animal in that person's
possession as a service animal or service animal in training in any place, accommodation,
or conveyance to obtain the rights and privileges available to a person who qualifies for a
service animal under state or federal law is guilty of a crime.

Subd. 3.

Penalty.

(a) A person who is convicted of a first violation of subdivision 2 is
guilty of a petty misdemeanor and may be sentenced to payment of a fine of not more than
$100.

(b) A person who is convicted of a second or subsequent offense of subdivision 2 is
guilty of a misdemeanor and, in addition to any other penalty, the court shall order the
person to complete 30 hours of community service for an organization that serves individuals
with disabilities.

Subd. 4.

Notice.

(a) A conspicuous sign may be posted in a location accessible to public
view at a place, accommodation, or conveyance that contains the following, or substantially
similar, language:

"NOTICE

Service Animals Welcome. It is a misdemeanor for a person to knowingly misrepresent
an animal in that person's possession as a service animal or service animal in training."

(b) The Council on Disability may prepare and make available to businesses a brochure
detailing permissible questions a business owner may ask in order to determine whether an
animal is a service animal, proper answers to those questions, and guidelines defining
unacceptable behavior.

EFFECTIVE DATE.

This section is effective August 1, 2018, and applies to crimes
committed on or after that date.

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