as introduced - 90th Legislature (2017 - 2018) Posted on 03/12/2018 04:23pm
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:
For the purposes of this section, "service animal" has the
meaning given under the federal Americans with Disabilities Act, as amended.
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.
(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.
(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.
This section is effective August 1, 2018, and applies to crimes
committed on or after that date.