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HF 3157

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

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.

Definitions.

As used in this section:

(1) "place of public accommodation" has the meaning given in section 363A.03,
subdivision 34; and

(2) "service animal" has the meaning given in Code of Federal Regulations, title 28,
section 36.104, as amended through March 1, 2018.

Subd. 2.

Prohibited conduct.

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.

Subd. 3.

Penalty.

(a) Except as provided in paragraph (b), a person who violates
subdivision 2 is guilty of a petty misdemeanor.

(b) A person who violates subdivision 2 a second or subsequent time is guilty of a
misdemeanor.

Subd. 4.

Notice.

(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:

"NOTICE

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

(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.

EFFECTIVE DATE.

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