HF 3157

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 04/25/2018 11:31am

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.

new text begin [609.833] MISREPRESENTATION OF SERVICE ANIMAL.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section:
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new text begin (1) "place of public accommodation" has the meaning given in section 363A.03,
subdivision 34; and
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new text begin (2) "service animal" has the meaning given in Code of Federal Regulations, title 28,
section 36.104, as amended through March 1, 2018.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited conduct. new text end

new text begin A person may not, directly or indirectly through statements
or conduct, intentionally misrepresent an animal in that person's possession as a service
animal in any place of public accommodation to obtain any rights or privileges available
to a person who qualifies for a service animal under state or federal law knowing that the
person is not entitled to those rights or privileges.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin (a) Except as provided in paragraph (b), a person who violates
subdivision 2 is guilty of a petty misdemeanor.
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new text begin (b) A person who violates subdivision 2 a second or subsequent time is guilty of a
misdemeanor.
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new text begin Subd. 4. new text end

new text begin Notice. new text end

new text begin (a) A conspicuous sign may be posted in a location accessible to public
view in a place of public accommodation that contains the following, or substantially similar,
language:
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new text begin "NOTICE
new text end

new text begin Service Animals Welcome. It is illegal for a person to misrepresent an animal in that
person's possession as a service animal."
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new text begin (b) The Council on Disability may prepare and make available to businesses a brochure
detailing permissible questions a business owner may ask to determine whether an animal
is a service animal, proper answers to those questions, and guidelines defining unacceptable
behavior.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to acts
committed on or after that date.
new text end