HB-4521, As Passed Senate, October 6, 2015

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4521

A bill to provide for the voluntary issuance of identification

and patches for service animals; and to provide for certain powers

and duties of the department of civil rights.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. As used in this act:

(a) "Department" means the department of civil rights.

(b) "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.

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) "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.

(e) "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. 3. (1) Subject to subsection (2), the department shall

develop and make available upon request a voluntary identification

and patch for a service animal for a person with a disability.

(2) To be eligible to receive the voluntary identification and

patch described in subsection (1), the person seeking the materials

shall provide all of the following:

(a) An affidavit signed by the person seeking the

identification and patch attesting that the service animal for

which the identification and patch are being sought has been

trained to be a service animal for use by a person with a

disability.

(b) Documentation from an appropriate health care or

rehabilitation professional that the individual requires the

assistance of a service animal due to a disability.

Sec. 5. The department shall use its existing telephone

complaint hotline to receive reports of problems encountered by a

person with a disability using a service animal and to receive

reports of a person impersonating a person with a disability and

using a service animal. The department may refer an alleged

violation of section 3(2)(a) to the appropriate law enforcement

agency for investigation.

Sec. 7. A person who knowingly or willingly submits a false or

fraudulent affidavit under section 3(2)(a) is guilty of a

misdemeanor punishable by 1 or more of the following:

(a) Imprisonment for not more than 90 days.

(b) A fine of not more than $500.00.

Enacting section 1. This act takes effect 90 days after the

date it is enacted into law.

Enacting section 2. This act does not take effect unless all

of the following bills of the 98th Legislature are enacted into

law:

(a) Senate Bill No. 298.

(b) Senate Bill No. 299.