SF 2646

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 05/11/2018 03:30pm

A bill for an act
relating to public safety; establishing a crime for misrepresenting an animal as a
service animal; specifying immunity from liability for real property owners required
to provide access to assistance animals; proposing coding for new law in Minnesota
Statutes, chapters 604A; 609.

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

Section 1.

new text begin [604A.302] ASSISTANCE ANIMAL ACCESS TO REAL PROPERTY;
PROPERTY OWNER IMMUNITY FROM LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Assistance animal" means an animal that assists, supports, or provides a service to
a person with a disability.
new text end

new text begin (c) "Owner" means the owner of real property, a contract for deed vendee, receiver,
personal representative, trustee, lessor, lessee, agent, or other person directly or indirectly
in control of the real property.
new text end

new text begin (d) "Real property" includes any physical location or portion of real property that federal
or state law or local ordinance requires to be accessible to a person with a disability who is
using an assistance animal.
new text end

new text begin Subd. 2. new text end

new text begin Immunity. new text end

new text begin An owner of real property is not liable for any injury or damage
caused by an assistance animal if:
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new text begin (1) the owner believes in good faith that the animal is an assistance animal or the
individual using the assistance animal represents that the animal is an assistance animal;
and
new text end

new text begin (2) the injury or damage is not caused by the negligence of the owner of the real property
and the owner is not liable under section 347.22.
new text end

Sec. 2.

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:
new text end

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 or service animal in training 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:
new text end

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 or service animal in training."
new text end

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.
new text end

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