Bill Text: MS HB154 | 2016 | Regular Session | Engrossed
Bill Title: Dog training; regulate training of support animals and require training to register with the Secretary of State.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-03-22 - Died In Committee [HB154 Detail]
Download: Mississippi-2016-HB154-Engrossed.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Public Health and Human Services
By: Representative Mims
House Bill 154
(As Passed the House)
AN ACT TO AMEND SECTION 43-6-153, MISSISSIPPI CODE OF 1972, TO DEFINE ADDITIONAL TERMS IN THE MISSISSIPPI SUPPORT ANIMAL ACT; TO AMEND SECTION 43-6-155, MISSISSIPPI CODE OF 1972, TO INCLUDE POST TRAUMATIC STRESS DISORDER (PTSD) IN THE QUALIFYING LIST OF DISABILITIES AND IMPAIRMENTS FOR WHICH AN INDIVIDUAL MAY BE PROVIDED THE USE OF A SUPPORT ANIMAL; TO REQUIRE ORGANIZATIONS OR PERSONS OPERATING PROFESSIONAL DOG TRAINING FACILITIES AND PROGRAMS THAT PROVIDE TRAINING OF SUPPORT ANIMALS TO REGISTER WITH THE OFFICE OF THE SECRETARY OF STATE; TO PRESCRIBE THE MINIMUM TRAINING REQUIREMENTS OF SUPPORT ANIMALS; TO REQUIRE THE SUPPORT ANIMAL TRAINER TO PROVIDE EACH ANIMAL OWNER/HANDLER WITH AN APPLICATION TO BE COMPLETED BEFORE THE ADMINISTRATION OF THE SUPPORT PUBLIC ACCESS TEST TO CERTIFY A DOG AS A SUPPORT ANIMAL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-6-153, Mississippi Code of 1972, is amended as follows:
43-6-153. The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:
(a) "Mobility impaired person" means any person, regardless of age, who is subject to a physiological defect or deficiency regardless of its cause, nature, or extent that renders the person unable to move about without the aid of crutches, a wheelchair or any other form of support, or that limits the person's functional ability to ambulate, climb, descend, sit, rise, or to perform any related function.
(b) "Blind" means either of the following:
(i) Vision 20/200 or less in the better eye with proper correction.
(ii) Field defect in the better eye with proper correction which contracts the peripheral field so that the diameter of the visual field subtends an angle no greater than twenty (20) degrees.
(c) "Post traumatic stress disorder" (PTSD) means an anxiety disorder that occurs following the experience of a very stressful, frightening or distressing event, or from witnessing a traumatic event. For purposes of this chapter, a traumatic event is a life-threatening event such as military combat, natural disasters, terrorist incidents, serious accidents or violent personal assaults of the physical or sexual nature which occurred while an individual was on active duty or deployment as a member of the United States armed services.
(d) (i) "Support animal" means a guide dog, signal dog or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. The work done or task performed must be directly related to the individual's disability and may include, but not be limited to:
1. Guiding individuals who are visually impaired or blind;
2. Alerting individuals who are hearing impaired or deaf to an intruder or sounds;
3. Providing minimal protection or rescue work;
4. Pulling a wheelchair;
5. Fetching dropped items;
6. Detecting the onset of a seizure, and alerting and protecting individuals having a seizure;
7. Retrieving objects;
8. Alerting an individual to the presence of allergens;
9. Providing physical support and assistance with balance and stability to an individual with a mobility disability;
10. Helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors;
11. Reminding an individual with mental illness to take prescribed medications;
12. Calming an individual with post traumatic stress disorder during an anxiety attack; or
13. Doing other specific work or performing other special tasks.
(ii) The term "support animal" does not mean an animal considered a pet, and is limited to a dog or miniature horse.
(e) "Support animal trainer" means a person who is registered with the Office of the Secretary of State to train or raise service animals for individuals with disabilities, whether the person is a professional or serving as a volunteer with a professional trainer.
SECTION 2. Section 43-6-155, Mississippi Code of 1972, is amended as follows:
43-6-155. (1) Any blind person, mobility impaired person, veteran of the United States armed services diagnosed with post traumatic stress disorder (PTSD) or hearing impaired person who uses a dog or other animal specifically trained as a guide, leader, listener or for any other assistance necessary to assist such blind, mobility impaired, veteran diagnosed with PTSD or hearing impaired person in day-to-day activities shall be entitled to the full and equal accommodations, advantages, facilities and privileges of all public conveyances, hotels, lodging places, businesses open to the public for the sale of any goods or services and all places of public accommodation, amusement, or resort and other places to which the general public is invited, and may take the dog or other animal into conveyances and places, subject only to the conditions and limitations applicable to all persons not so accompanied, except that:
(a) The dog or other animal shall not occupy a seat in any public conveyance.
(b) The dog or other animal shall be upon a leash or otherwise sufficiently restrained in a manner appropriate for the animal while using the facilities of a common carrier.
(2) Support animal * * * trainers of support dogs and
other support animals shall have the same rights of accommodations, advantages,
facilities and privileges with support animals-in-training as those provided to
blind, mobility impaired, PTSD diagnosed or hearing impaired persons
with support animals under this section.
(3) No person shall deprive a blind, mobility impaired, PTSD diagnosed, hearing impaired person, or a support animal trainer of any of the advantages, facilities or privileges provided in this section, nor charge such blind, mobility impaired or hearing impaired person or support animal trainer a fee or charge for the use of the animal.
SECTION 3. (1) From and after July 1, 2016, any organization or person operating a professional dog training facility and program that provides training of support animals shall register with the Office of the Secretary of State.
(2) At a minimum, each professional dog training facility or program that provides training of support animals, shall:
(a) Adhere to Section 35 of the Guide, Hearing and Assistance Dogs Act of 2009 and administer Public Access Test (P.A.T.) to each qualifying dog enrolled in its support animal training program, to assess if a support animal is proficient in the fourteen (14) (P.A.T.) elements of hand and verbal signals, including:
(i) Controlled unload out of vehicle;
(ii) Approaching the building;
(iii) Controlled entry through a door-way;
(iv) Heeling through the building;
(v) Six-foot recall on lead;
(vi) Sits on command;
(vii) Downs on command;
(viii) Noise distraction;
(ix) Restaurant;
(x) Off lead;
(xi) Dog taken by another person without displaying signs of aggressive, excessive stress or whining;
(xii) Controlled exit;
(xiii) Controlled load into vehicle; and
(xiv) Team relationship to demonstrate that the dog and handler perform at the required standard;
(b) Adhere to the four (4) tiers of standards obedience programs and commands recognized in the training of dogs for use in K-9 law enforcement services; and
(c) Adhere to the standard established by Assistance Dogs International and the United States Service Dog Registry requiring the training for each qualifying dog enrolled in its support animal training program to consist of:
(i) Not less than one hundred twenty (120) nor more than three hundred sixty (360) hours of training, at a rate of one (1) to two (2) hours daily over the course of six (6) months to a year; and
(ii) A minimum of thirty (30) hours of training spent in a controlled public setting to enable the dog to learn how to behave obediently and unobtrusively in public.
(3) Each support animal trainer shall provide each animal owner/handler with an application to be completed before the administration of the support P.A.T., which shall be in a format designed by the Secretary of State which identifies the owner/handler's disability through a certified physician's statement, an attested statement from the veterinary professional responsible for the support animals veterinary care, and a general release of liability and acceptance of responsibility.
SECTION 4. This act shall take effect and be in force from and after July 1, 2016.
