HOUSE BILL No. 4521

 

April 28, 2015, Introduced by Reps. Barrett, Heise, Moss, Kelly, Hughes, Chatfield, Rutledge, Tedder, Lucido, Sheppard, LaVoy, Hooker, Outman, Bumstead, Faris, Talabi, Chang, Glenn and Cole and referred to the Committee on Military and Veterans Affairs.

 

     A bill to provide for the issuance of identification, tags,

 

and vests 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) "Person with a disability" means a person who satisfies

 

all of the following conditions:

 

     (i) Has a physical or mental impairment that substantially

 

limits 1 or more major life activities.

 

     (ii) Has a history or record of an impairment described in

 

subparagraph (i).

 

     (iii) Is perceived by other persons as having an impairment

 

described in subparagraph (i).

 

     (b) As used in subdivision (a), "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.

 

     (c) "Service animal" means a dog or a miniature horse that has

 

been individually trained to do work or perform tasks for the

 

benefit of a person with a disability, including a physical,

 

sensory, psychiatric, intellectual, or other mental disability.

 

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

 

develop and make available upon request an identification, tag, and

 

vest for a service animal for a person with a disability.

 

     (2) To be eligible to receive the identification, tag, and

 

vest 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, tag, and vest attesting that the service animal for

 

which the identification, tag, and vest are being sought has been

 

trained to be a service animal.

 

     (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.


     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.

 

     (c) Community service for not more than 30 days.