Bill Text: MI HB5281 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Animals; service animals; basic obedience training certification program for assistance animals; create. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-11-29 - Bill Electronically Reproduced 11/28/2017 [HB5281 Detail]
Download: Michigan-2017-HB5281-Introduced.html
HOUSE BILL No. 5281
November 28, 2017, Introduced by Rep. Lucido and referred to the Committee on Agriculture.
A bill to provide for the training and instruction of
assistance animals and assistance animal handlers in the standards
of basic obedience and care; to prescribe certain instructor and
provider qualifications and curriculum requirements; to prescribe a
fee for the certification of basic obedience training instructors;
to provide for the issuance of a basic obedience program
certificate of completion; to provide for a public registry of
certified basic obedience training instructors and providers; to
establish the assistance animal and safety fund; to provide for the
powers and duties of certain state departments and agencies; to
prescribe sanctions and penalties; and to authorize the
promulgation of rules.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"assistance animal basic obedience training and instruction act".
Sec. 2. As used in this act:
(a) "Assistance animal" means a service animal, emotional
support animal, or therapy animal.
(b) "Assistance animal handler" or "handler" means an owner or
user of an assistance animal.
(c) "Basic obedience instructor certificate" means a written
or electronic authorization issued by the department to indicate
that an instructor or provider and the curriculum of training and
instruction provided by that instructor or provider meet the
qualifications and standards required by this act.
(d) "Basic obedience program certificate of completion" means
a written or electronic authorization issued by a basic obedience
training instructor or provider to an assistance animal handler who
has successfully completed a basic obedience program.
(e) "Basic obedience training and instruction for assistance
animals" means the training of an assistance animal and the
instruction of an assistance animal handler in the knowledge,
skills, and attitude necessary to control and care for an
assistance animal in a manner that ensures the public health and
safety when assistance animals are granted access to a place of
public accommodation. Basic obedience training and instruction for
assistance animals does not include the training of an assistance
animal in a specific disability-related task that is intended to
assist a person with his or her specific disability.
(f) "Basic obedience training instructor" or "instructor"
means an individual who provides or who engages in the business of
providing basic obedience training and instruction for assistance
animals and assistance animal handlers. Basic obedience training
instructor does not include an individual who provides training and
instruction on an unpaid, casual basis to a relative or friend.
(g) "Basic obedience training provider" or "provider" means a
person that maintains or obtains facilities and a staff of
certified basic obedience training instructors to provide basic
obedience training and instruction for assistance animals and
assistance animal handlers. Basic obedience training provider does
not include a person that provides training and instruction only
for the benefit of employees if that instruction is not open to the
public or on an unpaid, casual basis to a relative or friend.
(h) "Curriculum" means a written plan that states and
describes the training and instruction provided by a basic
obedience training instructor or provider.
(i) "Department" means the department of agriculture and rural
development.
(j) "Director" means the director of the department.
(k) "Disability" means that term as defined in section 12102
of the Americans with disabilities act of 1990, 42 USC 12102, and
28 CFR 36.104.
(l) "Emotional support animal" means an animal that a medical
professional has determined provides emotional or therapeutic
benefit for a person with a disability or that alleviates 1 or more
identified symptoms or effects of an individual's disability. An
emotional support animal is not a service animal.
(m) "Person with a disability" means an individual who has a
disability. As used in this subdivision, "person with a disability"
includes a veteran who has been diagnosed with 1 or more of the
following:
(i) Post-traumatic stress disorder.
(ii) Traumatic brain injury.
(iii) Other military service-related disabilities.
(n) "Place of public accommodation" means that term as defined
in 28 CFR 36.104.
(o) "Public accommodation" means that term as defined in
section 12181 of the Americans with disabilities act of 1990, 42
USC 12181, and 28 CFR 36.104.
(p) "Service animal" means any of the following:
(i) That term as defined in 28 CFR 36.104.
(ii) Any other animal individually trained to do work or
perform tasks for the benefit of a person with a disability.
(iii) An animal in training to become an animal described in
subparagraph (i) or (ii).
(q) "Therapy animal" means an animal that provides an
emotional or therapeutic benefit to an individual who is not the
assistance animal handler in a hospital, or other care-giving
facility, or under the direction of a member of a care-giving
organization. A therapy animal is not a service animal.
(r) "Veteran" means any of the following:
(i) An individual who performed military service in the armed
forces for a period of more than 90 days and separated from the
armed forces in a manner other than a dishonorable discharge.
(ii) An individual discharged or released from military
service because of a service-related disability.
(iii) A member of a reserve branch of the armed forces at the
time he or she was ordered to military service during a period of
war, or in a campaign or expedition for which a campaign badge is
authorized, and was released from military service in a manner
other than a dishonorable discharge.
Sec. 3. (1) An individual shall not engage in the business or
occupation of providing basic obedience training and instruction
for assistance animals unless he or she holds a valid basic
obedience instructor certificate issued under this act.
(2) An individual who engages or offers to engage in basic
obedience training and instruction for assistance animals if not
certified by the department is guilty of a misdemeanor punishable
by imprisonment for not more than 93 days or a fine of not more
than $500.00, or both.
Sec. 4. (1) An individual shall apply to the department for a
basic obedience instructor certificate and the department shall
issue the certificate if the individual does all of the following:
(a) Submits a properly completed application signed by the
applicant on a form prescribed by the department.
(b) Submits a nonrefundable application fee of $100.00.
(c) Provides other information and documents prescribed by the
department to determine an applicant's qualifications under
subsection (2) and to evaluate the curriculum submitted by the
applicant under section 7(1).
(2) To be eligible for a basic obedience instructor
certificate under this act, an individual must satisfy all of the
following:
(a) Have a knowledge of the special problems of persons with
disabilities and how to provide appropriate instruction.
(b) Be able to demonstrate by written evidence his or her
ability to effectively train assistance animals in basic obedience.
This subdivision does not require the applicant to demonstrate his
or her ability to train an assistance animal to do work or perform
tasks for the benefit of a person with a disability.
(3) An applicant shall file with the department, on a form
prescribed by the department, an irrevocable written or electronic
stipulation before the department may issue a basic obedience
instructor certificate to the applicant. The stipulation shall be
signed by the applicant and state that the applicant agrees that
legal process affecting the applicant, served on the department
against the applicant or the applicant's successor in interest for
a violation of this act, a rule promulgated under this act, or an
order issued under this act, has the same effect as if personally
served on the applicant. This appointment remains in force as long
as the provider has any outstanding liability within this state
under this act.
(4) The nonrefundable application processing fee collected
under this section shall be deposited by the department into the
assistance animal health and safety fund created in section 17.
Sec. 5. (1) A holder of a basic obedience instructor
certificate shall apply to the department for renewal of his or her
certificate every 3 years. The department shall issue a renewal of
a basic obedience instructor certificate if the applicant meets the
following requirements:
(a) Submits a properly completed renewal application signed by
the applicant on a form prescribed by the department.
(b) Submits evidence that the applicant has completed the
continuing professional development requirements under subsection
(2).
(c) Submits a nonrefundable renewal application processing fee
of $100.00.
(d) Provides other information and documents prescribed by the
department to determine an applicant's continuing qualifications
for certification under section 4(2).
(2) As a condition of renewal of a basic obedience instructor
certificate, the instructor shall provide evidence of continuing
professional development. The department shall determine the form
and proof of continuing professional development. The continuing
professional development required under this subsection shall
include 1 or more of the following subject matter areas:
(a) Instructing persons with disabilities.
(b) Care and training of assistance animals.
(c) Standards and maintenance of a healthy and safe assistance
animal.
(d) Public health and safety concerns regarding the use of
assistance animals.
(e) Laws and regulations related to the use of assistance
animals in places of public accommodation.
(3) The nonrefundable renewal application processing fee
collected under this section shall be deposited into the assistance
animal health and safety fund created in section 17.
Sec. 6. (1) Upon issuing an original or renewal basic
obedience instructor certificate, the department shall issue an
instructor identification card to the certificate holder. The
instructor identification card shall include all of the following:
(a) The name of the instructor.
(b) A photographic image of the instructor.
(c) An identification number assigned to the instructor by
the department.
(d) Other information determined necessary by the department.
(2) A basic obedience training instructor shall display the
instructor identification card issued by the department to that
instructor at all times while providing basic obedience training
and instruction. A basic obedience training instructor shall
provide a copy of the instructor identification card to a basic
obedience training provider who utilizes the instructor's services,
and the provider shall keep and maintain a copy of the instructor
identification card.
Sec. 7. (1) The department shall not issue a certificate under
this act unless the applicant has submitted and the department has
approved the curriculum of the basic obedience program offered by
the applicant.
(2) The curriculum submitted for approval under subsection (1)
shall include performance objectives, a content outline, detailed
learning activities, and assessment tools, including specific
assessment criteria, that incorporate the care and obedience
standards described in subdivisions (a) and (b). The curriculum
shall indicate that these standards guide both training and
instruction and that upon completion of the basic obedience
program, the assistance animal will successfully demonstrate these
standards through the care and control of its handler. As used in
this subsection, "care and obedience standards" includes all of the
following:
(a) Public presentability, including both of the following:
(i) Being clean and not having an offensive odor.
(ii) Not relieving itself in inappropriate locations.
(b) Appropriate public behavior, including all of the
following:
(i) Not bothering or annoying any member of the general
public.
(ii) Not disrupting the normal course of business.
(iii) Responding to basic obedience commands without
unnecessary vocalization.
(iv) Not displaying aggression toward people or other animals.
(v) Not begging for or taking food or other items from the
general public.
(3) The specific assessment criteria required under subsection
(2) shall include all of the following, if appropriate:
(a) Controlled unload out of a vehicle.
(b) Approaching a building.
(c) Controlled entry through a doorway.
(d) Heeling through a building.
(e) Six-foot recall on a lead.
(f) Sits on command.
(g) Downs on command.
(h) Noise distraction.
(i) Restaurant behavior.
(j) Off a lead.
(k) Dog taken by another person.
(l) Controlled exit.
(m) Controlled load into a vehicle.
(n) Team relationship.
(4) A basic obedience training instructor or provider shall
not train an assistance animal, provide an assistance animal to an
assistance animal handler for basic obedience training, or provide
an assistance animal trained in basic obedience to an assistance
animal handler unless the animal has been examined by a licensed
veterinarian and found to be in good health.
Sec. 8. (1) A basic obedience training instructor or provider
shall have a written agreement with a client. If the client is a
minor, the written agreement shall be with a parent or legal
guardian of the minor. An instructor or provider shall not give
instruction to a client until after the instructor or provider and
the client, or the client's parent or legal guardian, have entered
into the written agreement. The written agreement shall be dated
and signed by both the instructor or provider and the client, or
the client's parent or legal guardian. The written agreement shall
contain all the terms of the agreement between the instructor or
provider and the client, or the client's parent or legal guardian,
and include all of the following:
(a) The client's name, address, and telephone number.
(b) If the client is a minor, the parent's or legal guardian's
name, address, and telephone number.
(c) A description of the instruction to be given by the
instructor or provider that is consistent with the curriculum
submitted by the instructor or provider to the department under
section 7(1).
(d) The amount of the fee or tuition charged for the
instruction. If the fee or tuition is to be paid by a source other
than the client, or the client's parent or legal guardian,
including a charitable organization or any form of government-
provided assistance, it shall be noted in the agreement.
(e) A notice statement prescribed by the department.
(f) Other information considered necessary by the department
to protect the interests of the client and the public health and
safety.
(2) Before any basic obedience training or instruction begins,
an instructor or provider shall give the client, or the client's
parent or legal guardian, a signed copy of the written agreement,
accompanied by a copy of all of the instructor's or provider's
applicable policies.
Sec. 9. (1) An instructor or provider shall issue a basic
obedience program certificate of completion to an assistance animal
handler who has completed the program by successfully passing the
assessment criteria submitted to the department by the instructor
or provider under section 7(2).
(2) A certificate of completion issued under subsection (1)
shall include all of the following:
(a) A certifying statement that the assistance animal and its
handler have successfully demonstrated the care and obedience
standards described in section 7(2).
(b) A list of the skills, commands, and instruction that have
been provided by the instructor or provider.
(c) A statement that the assistance animal has demonstrated
the ability to comply with the commands listed in the certificate
in places of public accommodation.
(d) A statement that the assistance animal handler has
demonstrated a successful level of command over the assistance
animal in places of public accommodation.
Sec. 10. (1) The department shall prepare and maintain a list
of basic obedience training instructors in this state. Registration
for inclusion on the list is voluntary.
(2) An instructor who wishes to be included on the list of
certified basic obedience training instructors in subsection (1)
shall submit a registration form prescribed by the department. The
registration form shall include all of the following:
(a) A place to provide the name by which the instructor
prefers to be listed and the location or geographic area served by
the instructor.
(b) A place to provide the identification number assigned to
the instructor by the department under section 6(1).
(c) A place for an individual to certify with his or her
signature that he or she meets the qualification requirements under
section 4(2).
(d) A place to designate whether the individual is submitting
a new registration or a renewal registration.
(3) An individual may update his or her registration at any
time by submitting a renewal registration.
(4) The department shall publish the list of certified
instructors on the department's website.
(5) An individual who no longer meets the requirements to be a
certified basic obedience training instructor shall notify the
department in writing, and the department shall remove the
individual from the list of certified instructors.
(6) An instructor whose basic obedience instructor certificate
has been revoked or suspended under section 11, who has been found
to be in violation of section 12, or who is subject to a sanction
under section 13 may be removed from the list.
Sec. 11. The department may suspend or revoke a basic
obedience instructor certificate issued under this act if it
determines that the certificate holder has done any of the
following:
(a) Made a false statement or given false information in
connection with an application for a certificate or a renewal or
reinstatement of a certificate.
(b) Violated a provision of this act.
(c) Violated a rule promulgated under this act.
(d) Been convicted of a felony or of a crime involving moral
turpitude, or has been convicted of an offense involving cruelty to
animals. The record of conviction, or a certified copy of a
conviction, is conclusive evidence of the conviction.
(e) Committed an act that would be grounds for denial of a
certificate.
Sec. 12. A basic obedience training instructor or provider
shall not engage in a deceptive or unconscionable method, act, or
practice that includes, but is not limited to, any of the
following:
(a) Using, adopting, or conducting business under a name that
is the same as, like, or deceptively similar to, the name of
another basic obedience training instructor or provider.
(b) Using the word "state", "government", "municipal", "city",
or "county" as part of the business name of the basic obedience
training instructor or provider.
(c) Advertising, representing, or implying that a basic
obedience training instructor or provider is supervised,
recommended, or endorsed by, or affiliated or associated with, or
employed by, or an agent or representative of this state, or the
department.
(d) Advertising that the instructor or provider is open for
business before the department issues a basic obedience instructor
certificate to an individual instructor or an instructor employed
by a provider.
(e) Soliciting business on the premises of a facility rented,
leased, owned, or used by the department.
(f) Misrepresenting the quantity or quality of the instruction
provided, or the requirements of this act regarding curriculum or
the qualifications for a basic obedience instructor.
(g) Failing to promptly restore a deposit, down payment, or
other payment that a person is entitled to after an agreement is
rescinded, canceled, or otherwise terminated as required under the
agreement or applicable law.
(h) Taking advantage of a client's or potential client's
inability to reasonably protect his or her interest because of a
disability, illiteracy, or inability to understand the language of
an agreement, if a basic obedience training instructor or provider
knows or reasonably should have known of the client's or potential
client's inability.
(i) Failing to honor a term of a basic obedience training and
instruction agreement.
(j) Falsifying a document, agreement, record, or certificate
required under this act or a rule promulgated under this act.
(k) Causing or allowing a client to sign a document in blank.
Sec. 13. (1) Except as otherwise provided in this act, the
department may impose 1 or more of the sanctions described in
subsection (2) after providing notice and opportunity for a hearing
if the department determines that a person, a basic obedience
training instructor or provider, or an applicant for a basic
obedience instructor certificate did 1 or more of the following:
(a) Failed to meet a requirement under this act or a rule
promulgated under this act.
(b) Violated this act or a rule promulgated under this act.
(c) Made an untrue or misleading statement of a material fact
to the department or concealed a material fact in connection with
an application for a basic obedience instructor certificate.
(d) Permitted fraud or engaged in a fraudulent method, act, or
practice in connection with a basic obedience instructor
certificate application submitted to the department, or induced or
countenanced fraud or a fraudulent method, act, or practice on the
part of an applicant for a basic obedience instructor certificate.
(e) Engaged in an unfair or deceptive method, act, or practice
or made an untrue statement of a material fact.
(f) Violated a condition of suspension or an order issued
under this act.
(g) Failed to maintain good moral character as defined and
determined under 1974 PA 381, MCL 338.41 to 338.47, in connection
with business operations.
(2) After the department determines that a person, an
instructor, a provider, or an applicant for a basic obedience
instructor certificate committed a violation listed in subsection
(1), the department may impose upon the person, instructor,
provider, or applicant 1 or more of the following sanctions:
(a) Denial of an application for a basic obedience instructor
certificate.
(b) Suspension or revocation of a basic obedience instructor
certificate.
(c) An administrative fine paid to the department in an amount
not to exceed $500.00 for each violation.
(d) A requirement to take affirmative action determined
necessary by the department, including payment of restitution to a
client or to an injured person.
(3) A sanction may be imposed under subsection (2) in addition
to criminal penalties otherwise imposed for the same violation
under this act or by law. The remedies and sanctions under this act
are independent and cumulative.
Sec. 14. (1) If the department determines after notice and
opportunity for a hearing that a person has committed a violation
listed in section 13(1), the department may issue an order
requiring the person to cease and desist from the unlawful method,
act, or practice or to take an affirmative action that in the
judgment of the department will carry out the purposes of this act,
including, but not limited to, payment of restitution to a client.
(2) If the department makes a finding of fact in writing that
the public interest will be irreparably harmed by a delay in
issuing an order, the department may issue a temporary cease and
desist order. Before issuing a temporary cease and desist order,
the department, when possible by telephone or otherwise, shall
notify the person, or the basic obedience training instructor or
provider of the department's intention to issue a temporary cease
and desist order. A temporary cease and desist order shall include
a provision stating that upon request a hearing shall be held
within 30 days to determine whether or not the order will become
permanent.
Sec. 15. (1) The department may order a summary suspension of
a basic obedience instructor certificate pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, upon an affidavit by a person familiar with the facts set
forth in the affidavit alleging a violation or attempted violation
of this act, a rule promulgated under this act, or a deceptive or
unconscionable method, act, or practice.
(2) The basic obedience training instructor to whom the order
is directed may apply to the department and shall be granted a
hearing within 30 days of application pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(3) At the hearing, the order of summary suspension shall be
set aside, continued, or modified by the department.
Sec. 16. The expiration or absence of a basic obedience
instructor certificate does not prevent the department from
proceeding with an investigation, disciplinary proceeding, or other
action authorized by this act against a person, or a basic
obedience training instructor or provider.
Sec. 17. (1) The assistance animal health and safety fund is
created as a separate fund in the department of treasury. The fund
shall be expended only as provided in this section. The state
treasurer may receive money or other assets from any source for
deposit into the fund. The state treasurer shall direct the
investment of the fund. The state treasurer shall annually present
to the department an accounting of the amount of money in the fund.
Any unexpended and unencumbered money in the fund at the close of a
fiscal year shall remain in the fund and shall not lapse or be
transferred to the general fund.
(2) A nonrefundable original or renewal application processing
fee and an administrative fine collected under this act shall be
transferred by the department to the state treasurer, who shall
credit the money to the fund created under this section.
(3) The department shall expend money in the fund to
administer this act. The department may deduct money from the fund
to develop the basic obedience training instructor certification
materials and procedures authorized under this act. The department
may deduct from the fund the actual administrative costs to
administer this act.
Sec. 18. The department may promulgate rules pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, to carry out this act.
