Bill Text: MI SB0298 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Crimes; animals; assault of or interference with a service animal and refusal by certain persons to allow entry of a person using or training a service animal; prohibit. Amends secs. 50a & 502c of 1931 PA 328 (MCL 750.50a & 750.502c). TIE BAR WITH: HB 4521'15, HB 4527'15, SB 0299'15
Spectrum: Slight Partisan Bill (Republican 27-11)
Status: (Passed) 2015-10-22 - Assigned Pa 0144'15 With Immediate Effect [SB0298 Detail]
Download: Michigan-2015-SB0298-Engrossed.html
SB-0298, As Passed House, October 7, 2015
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 298
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 50a and 502c (MCL 750.50a and 750.502c),
section 50a as added by 1994 PA 42 and section 502c as amended by
1998 PA 38.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 50a. (1) An individual shall not do either of the
following:
(a) Willfully and maliciously assault, beat, harass, injure,
or
attempt to assault, beat, harass, or injure a dog service animal
that
he or she knows or has reason to believe is a guide or leader
dog
for a blind individual, a hearing dog for a deaf or audibly
impaired
individual, or a service dog for
animal used by a
physically
limited individual.person
with a disability.
(b) Willfully and maliciously impede or interfere with, or
attempt
to impede or interfere with, duties performed by a dog
service animal that he or she knows or has reason to believe is a
guide
or leader dog for a blind individual, a hearing dog for a
deaf
or audibly impaired individual, or a service
dog for animal
used
by a physically limited individual.person with a disability.
(2) An individual who violates subsection (1) is guilty of a
misdemeanor punishable by imprisonment for not more than 90 days or
a fine of not more than $500.00, or both.
(3) In a prosecution for a violation of subsection (1),
evidence that the defendant initiated or continued conduct directed
toward
a dog service animal described in subsection (1) after being
requested to avoid or discontinue that conduct or similar conduct
by
a blind, deaf, audibly impaired, or physically limited
individual
person with a disability being served or assisted by the
dog
service animal shall give rise to a rebuttable presumption that
the conduct was initiated or continued maliciously.
(4) A conviction and imposition of a sentence under this
section does not prevent a conviction and imposition of a sentence
under any other applicable provision of law.
(5) As used in this section:
(a)
"Audibly impaired" means the inability to hear air
conduction
thresholds at an average of 40 decibels or greater in
the
individual's better ear.
(b)
"Blind" means having a visual acuity of 20/200 or less in
the
individual's better eye with correction, or having a limitation
of
the individual's field of vision such that the widest diameter
of
the visual field subtends an angular distance not greater than
20
degrees.
(c)
"Deaf" means the individual's hearing is totally impaired
or
the individual's hearing, with or without amplification, is so
seriously
impaired that the primary means of receiving spoken
language
is through other sensory input, including, but not limited
to,
lip reading, sign language, finger spelling, or reading.
(a) (d)
"Harass" means to engage
in any conduct directed
toward
a guide, leader, hearing, or service dog service animal
described in subsection (1) that is likely to impede or interfere
with
the dog's service animal's
performance of its duties or that
places
the blind, deaf, audibly impaired, or physically limited
individual
person with a disability being served or assisted by the
dog
service animal in danger of injury.
(b) (e)
"Injure" means to cause
any physical injury to a dog
service animal described in subsection (1).
(c) (f)
"Maliciously" means any
of the following:
(i) With intent to assault, beat, harass, or
injure a dog
service animal described in subsection (1).
(ii) With intent to impede or interfere with duties performed
by
a dog service animal described in subsection (1).
(iii) With intent to disturb, endanger, or cause emotional
distress
to a blind, deaf, audibly impaired, or physically limited
individual
person with a disability being served or assisted by a
dog
service animal described in subsection (1).
(iv) With knowledge that the individual's conduct will , or is
likely
to harass or injure a dog service
animal described in
subsection (1).
(v) With knowledge that the individual's conduct will , or is
likely
to impede or interfere with duties performed by a dog
service animal described in subsection (1).
(vi) With knowledge that the individual's conduct will , or is
likely to disturb, endanger, or cause emotional distress to a
blind,
deaf, audibly impaired, or physically limited individual
person
with a disability being served or
assisted by a dog service
animal described in subsection (1).
(g)
"Physically limited" means having limited ambulatory
abilities
and includes but is not limited to having a temporary or
permanent
impairment or condition that does 1 or more of the
following:
(i) Causes the individual to use a wheelchair or walk
with
difficulty
or insecurity.
(ii) Affects sight or hearing to the extent that an
individual
is
insecure or exposed to danger.
(iii) Causes faulty coordination.
(iv) Reduces mobility, flexibility, coordination, or
perceptiveness.
(d) "Person with a disability" means a person who has a
disability as defined in section 12102 of the Americans with
disabilities act of 1990, 42 USC 12102, and 28 CFR 36.104.
(e) As used in subdivision (d), "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 service-related disabilities.
(f) "Service animal" means all of the following:
(i) That term as defined in 28 CFR 36.104.
(ii) A miniature horse that has been individually trained to
do work or perform tasks as described in 28 CFR 36.104 for the
benefit of a person with a disability.
(g) "Veteran" means any of the following:
(i) A person 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) A person 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.
502c. (1) A person who is an owner, lessee, proprietor,
manager,
superintendent, agent, or employee of any place of public
or
private housing, accommodation, amusement, or recreation,
including
but not limited to any inn, hotel, motel, apartment
building,
trailer park, restaurant, barbershop, billiard parlor,
store,
public conveyance on land or water, theater, motion picture
house,
public or private educational institution, or elevator, who
refuses
to permit a person with disabilities to enter or use the
place
when the place is available because the person with
disabilities
is being led or accompanied by a guide or leader dog,
hearing
dog, or service dog is guilty of a misdemeanor if the guide
or
leader dog is wearing a harness or if the hearing dog or service
dog
is wearing a blaze orange leash and collar, hearing dog cape,
or
service dog backpack, and the person with disabilities being led
or
accompanied has in his or her possession a pictured
identification
card certifying that the dog was trained by a
qualified
organization or trainer. The department of labor shall
maintain
a list of organizations or trainers that train guide or
leader
dogs, hearing dogs, and service dogs.
(2)
A person who is an owner, lessee, proprietor, manager,
superintendent,
agent, or employee of any place of public or
private
housing, accommodation, amusement, or recreation,
including,
but not limited to, the places listed in subsection (1),
who
refuses to permit a trainer of guide or leader dogs, hearing
dogs,
or service dogs to enter or use the place when the place is
available
because the trainer is being led or accompanied by a
guide
or leader dog, hearing dog, or service dog is guilty of a
misdemeanor
if the guide or leader dog is wearing a harness or if
the
hearing dog or service dog is wearing a hearing dog cape or
service
dog backpack, if the trainer is being led or accompanied by
an
adult dog for the purpose of training the dog, and if the
trainer
has in his or her possession picture identification and
identification
stating that he or she is a representative or
employee
of an organization or trainer, or is a trainer, included
on
the department of labor list of organizations or trainers that
train
guide or leader dogs, hearing dogs, or service dogs.
(1) Except as otherwise provided in subsection (2), a public
accommodation shall modify its policies, practices, and procedures
to permit the use of a service animal by a person with a
disability. If the service animal is a miniature horse, a public
accommodation may use the following assessment factors to determine
whether the miniature horse can be accommodated in its facility:
(a) The type, size, and weight of the miniature horse and
whether the facility can accommodate these features.
(b) Whether the handler has sufficient control of the
miniature horse.
(c) Whether the miniature horse is housebroken.
(d) Whether the miniature horse's presence in a specific
facility compromises legitimate safety requirements that are
necessary for safe operation.
(2) A public accommodation shall not ask a person with a
disability to remove a service animal from the premises due to
allergies or fear of the animal. A public accommodation may only
ask a person with a disability to remove his or her service animal
from the premises if either of the following applies:
(a) The service animal is out of control and its handler does
not take effective action to control it.
(b) The service animal is not housebroken.
(3) If a public accommodation properly excludes a service
animal under subsection (2), it shall give the person with a
disability the opportunity to obtain goods, services, or
accommodations without having the service animal on the premises.
(4) A service animal shall be under the control of its
handler, and shall have a harness, leash, or other tether, unless
the handler is unable because of a disability to use a harness,
leash, or other tether or the use of a harness, leash, or other
tether would interfere with the service animal's safe and effective
performance of work or tasks, in which case the service animal
shall be otherwise under the handler's control. As used in this
subsection, "otherwise under the handler's control" includes, but
is not limited to, voice control or signals.
(5) A public accommodation is not responsible for the care or
supervision of a service animal.
(6) If it is not obvious what service a service animal
provides, staff of a public accommodation shall not ask about a
person with a disability's disability, require medical
documentation, require a special identification card or training
documentation for the service animal, or ask that the service
animal demonstrate its ability to perform work or a task. Subject
to subsection (7), staff may make the following 2 inquiries to
determine whether an animal qualifies as a service animal:
(a) Whether the service animal is required because of a
disability.
(b) What work or task the service animal has been trained to
perform.
(7) A public accommodation shall not do either of the
following:
(a) Require documentation when making an inquiry under
subsection (6).
(b) Make an inquiry under subsection (6) if it is readily
apparent that the service animal is trained to do work or perform
tasks for an individual with a disability.
(8) A person with a disability shall be permitted to be
accompanied by his or her service animal in all areas of a place of
public accommodation where members of the public, program
participants, clients, customers, patrons, or invitees are
permitted to go, including public areas of establishments that sell
or prepare food, even if state or local health codes prohibit
animals on the premises. A public accommodation may exclude a
service animal from a facility if the service animal's presence
interferes with legitimate safety requirements of the facility such
as a surgery or burn unit in a hospital in which a sterile field is
required.
(9) A public accommodation shall not isolate a person with a
disability accompanied by his or her service animal, treat a person
with a disability accompanied by his or her service animal less
favorably than other patrons, or charge a fee to a person with a
disability accompanied by his or her service animal that is not
charged to other patrons without service animals. A public
accommodation shall not ask or require a person with a disability
to pay a surcharge, regardless of whether people accompanied by
pets are required to pay a surcharge, or to comply with other
requirements that are not applicable to people without pets. If a
public accommodation normally charges people for damage caused, the
public accommodation may charge a person with a disability for
damage caused by his or her service animal.
(10) A public accommodation that violates subsections (1),
(3), or (6) to (9) is guilty of a misdemeanor.
(11) (3)
As used in this section:
(a)
"Adult dog" means a domestic dog of the species canis
familiaris
that is 12 months of age or older.
(b)
"Audibly impaired" means audibly impaired as defined in
section
1 of 1981 PA 82, MCL 752.61.
(c)
"Blind person" means a blind person as defined in section
1
of 1978 PA 260, MCL 393.351.
(d)
"Deaf person" means a deaf person as defined in section 1
of
1981 PA 82, MCL 752.61.
(a) "Facility" means that term as defined in 28 CFR 36.104.
(b) (e)
"Person with disabilities"
a disability" means a
person
who is audibly impaired, blind, deaf, or otherwise
physically
limited.has a disability as
defined in section 12102 of
the Americans with disabilities act of 1990, 42 USC 12102, and 28
CFR 36.104.
(f)
"Physically limited" means physically limited as defined
in
section 1 of 1966 PA 1, MCL 125.1351.
(c) As used in subdivision (b), "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 service-related disabilities.
(d) "Place of public accommodation" means that term as defined
in 28 CFR 36.104.
(e) "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.
(f) "Service animal" means all of the following:
(i) That term as defined in 28 CFR 36.104.
(ii) A miniature horse that has been individually trained to
do work or perform tasks as described in 28 CFR 36.104 for the
benefit of a person with a disability.
(g) "Veteran" means any of the following:
(i) A person 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) A person 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No. 299.
(b) House Bill No. 4521.
(c) House Bill No. 4527.
