April 28, 2015, Introduced by Reps. Rutledge, Hughes, Moss, Kelly, LaVoy, Driskell, Darany, Dianda, Pscholka, Glenn, Lyons, Singh, Townsend, Barrett, Faris and Potvin and referred to the Committee on Military and Veterans Affairs.
A bill to amend 1981 PA 82, entitled
"An act to prohibit the use of certain collars or harnesses and
leashes on dogs in public places, except by deaf, audibly impaired,
or otherwise physically limited persons; and to prescribe
penalties,"
by amending the title and sections 1, 2, and 3 (MCL 752.61, 752.62,
and 752.63), the title and sections 1 and 2 as amended by 1984 PA
111.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act to prohibit the use of certain collars or harnesses and
leashes
on dogs a person from
representing that he or she is in
possession
of a service animal in public places, except
by deaf,
audibly
impaired, or otherwise physically limited persons; unless
that person is a person with a disability; and to prescribe
penalties.
Sec. 1. As used in this act:
(a)
"Audibly impaired" means the inability to hear air
conduction
thresholds at an average of 40 decibels or greater in
the
better ear.
(b)
"Deaf person" means a person whose hearing is totally
impaired
or whose 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.
(c)
"Physically limited" means physically limited as defined
in
section 1 of Act No. 1 of the Public Acts of 1966, being section
125.1351
of the Michigan Compiled Laws.
(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.
2. A person, except a person who is deaf, audibly
impaired,
or otherwise physically limited a
person with a
disability,
shall not use or be falsely represent that he or she is
in
possession of a dog that is wearing a blaze orange leash and
collar
or harness service animal or
service animal in training in
any public place.
Sec. 3. A person who knowingly violates this act is guilty of
a
misdemeanor , punishable
by a 1 or more of the
following:
(a) Imprisonment for not more than 90 days.
(b)
A fine of not more than $10.00.$500.00.
(c) Community service for not more than 30 days.