HF 4909

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2024 12:17pm

A bill for an act
relating to human services; requiring full and equal access to all housing
accommodations for any person training a dog to be a service animal; amending
Minnesota Statutes 2022, sections 256C.02; 256C.025, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 256C.02, is amended to read:

256C.02 PUBLIC ACCOMMODATIONS.

new text begin Subdivision 1. new text end

new text begin Full and free access. new text end

People who are blind or people with a visual or
physical disability have the same right as the able-bodied to the full and free use of the
streets, highways, sidewalks, walkways, public buildings, public facilities, and other public
places; and are entitled to full and equal accommodations, advantages, facilities, and
privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses,
boats, or any other public conveyances or modes of transportation, hotels, lodging places,
places of public accommodation, amusement, or resort, and other places to which the general
public is invited, subject only to the conditions and limitations established by law and
applicable alike to all persons.

new text begin Subd. 2. new text end

new text begin Service dog. new text end

Every person who is totally or partially blind, or person who is
deaf, or person with a physical disability deleted text begin , or any person training a dog to be a service dog deleted text end
shall have the right to be accompanied by a service dog in any of the places listed in section
363A.19. The person shall be liable for any damage done to the premises or facilities by
such dog.

new text begin Subd. 3. new text end

new text begin Service dog trainee. new text end

new text begin (a) Any person training a dog to be a service animal, as
defined in Code of Federal Regulations, title 28, section 36.104, as amended, shall have the
right to be accompanied by the service dog trainee in any of the places listed in section
363A.19. The person shall be liable for any damage done to the premises or facilities by
the dog.
new text end

new text begin (b) If a person training a dog to be a service animal is denied the right provided by this
subdivision, that person is entitled to recover from the party who denied the right reasonable
attorney fees and expenses if the person training the dog as a service animal prevails in
enforcing the right. If a person training a dog to be a service animal possesses the dog in
violation of enforceable restrictions or limitations, the party enforcing the restrictions or
limitations is entitled to recover from the party accompanied by the dog reasonable attorney
fees and expenses if the enforcing party prevails in enforcing the restrictions or limitations.
new text end

Sec. 2.

Minnesota Statutes 2022, section 256C.025, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Service dog trainees. new text end

new text begin (a) Every person training a dog to be a service animal,
as defined in Code of Federal Regulations, title 28, section 36.104, as amended, is entitled
to full and equal access to all housing accommodations and must not be required to pay
extra compensation for the dog being trained. The person training a dog to be a service
animal is liable for any damage done to the premises by the dog.
new text end

new text begin (b) Any provision of any deed restriction, subdivision regulation, restrictive covenant,
local ordinance, contract, rental agreement or regulation, or homeowners association
document that limits the right of an owner or tenant of residential property to possess any
dog the owner or tenant is training to be a service animal, as defined in Code of Federal
Regulations, title 28, section 36.104, as amended, is void and unenforceable. Any requirement
that an owner or tenant who is training a dog to be a service animal pay an additional charge
or fee is a limitation on the right of the tenant or owner. "Homeowners association document"
includes the declaration, articles of incorporation, bylaws, and rules and regulations of: (1)
a common interest community, as defined in section 515B.1-103, clause (10), regardless of
whether the common interest community is subject to chapter 515B; and (2) a residential
community that is not a common interest community, as defined in section 515B.1-103,
clause (10).
new text end

new text begin (c) If an owner or tenant of residential property is denied the right provided by this
subdivision, the owner or tenant is entitled to recover from the party who denied the right
reasonable attorney fees and expenses if the owner or tenant prevails in enforcing the right.
If a person training a dog to be a service animal possesses the dog in violation of enforceable
restrictions or limitations, the party enforcing the restrictions or limitations is entitled to
recover from the party possessing the dog reasonable attorney fees and expenses if the
enforcing party prevails in enforcing the restrictions or limitations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end