HOUSE BILL NO. 5486

February 11, 2020, Introduced by Reps. Brann, LaGrand, Hertel, Shannon, Warren, Sowerby, Yaroch and Gay-Dagnogo and referred to the Committee on Regulatory Reform.

"The Michigan penal code,"

by amending section 502c (MCL 750.502c), as amended by 2015 PA 144.

the people of the state of michigan enact:

Sec. 502c. (1) Except as otherwise provided in subsection (2), (3), 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.

(d) Whether the miniature horse's presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.

(2) Except as provided in subsection (3), a public accommodation shall modify its policies, practices, and procedures to permit the use of a service animal by a trainer or animal raiser, if the trainer or animal raiser is being accompanied by the service animal for the purpose of training or socializing the service animal.

(3) (2) A public accommodation shall not ask a person with a disability, trainer, or animal raiser to remove a service animal from the premises due to because of allergies or fear of the animal. A public accommodation may only ask a person with a disability, trainer, or animal raiser 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, trainer, or animal raiser does not take effective action to control it.

(b) The service animal is not housebroken.

(4) (3) If a public accommodation properly excludes a service animal under subsection (2), (3), it shall give the person with a disability, trainer, or animal raiser the opportunity to obtain goods, services, or accommodations without having the service animal on the premises.

(5) (4) A service animal shall must be under the control of its handler, trainer, or animal raiser, and shall must have a harness, leash, or other tether. , unless If 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 must 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.

(6) (5) A public accommodation is not responsible for the care or supervision of a service animal.

(7) (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, except as provided in subsection (9), 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), (8), 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, is being trained, or is being socialized to perform.

(8) (7) A Except as provided in subsection (9), a public accommodation shall not do either of the following:

(a) Require documentation when making an inquiry under subsection (6).(7).

(b) Make an inquiry under subsection (6) (7) if it is readily apparent that the service animal is trained, is being trained, or is being socialized to do work or perform tasks for an individual a person with a disability.

(9) If a person is an animal raiser, a public accommodation may request documentation that shows that the animal is being socialized to later perform tasks or work as a service animal.

(10) (8) A public accommodation shall permit a person with a disability, shall be permitted trainer, or animal raiser 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.

(11) (9) A public accommodation shall not isolate a person with a disability, trainer, or animal raiser accompanied by his or her service animal, treat a person with a disability, trainer, or animal raiser accompanied by his or her service animal less favorably than other patrons, or charge a fee to a person with a disability, trainer, or animal raiser accompanied by his or her service animal that is not charged to other patrons without that are not accompanied by service animals. A public accommodation shall not ask or require a person with a disability, trainer, or animal raiser 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 that are not accompanied by pets. If a public accommodation normally charges people for damage caused, the public accommodation may charge a person with a disability, trainer, or animal raiser for damage caused by his or her service animal.

(12) (10) A public accommodation that violates subsections (1), (3), or (6) to (9) (2), (4), (7), (8), (10), or (11) is guilty of a misdemeanor.

(13) (11) As used in this section:

(a) "Animal raiser" means an individual who raises and socializes a young animal that may later be trained by a service animal agency accredited by Assistance Dogs International or the International Guide Dog Federation.

(b) (a) "Facility" means that term as defined in 28 CFR 36.104.

(c) (b) "Person with a disability" means a person an individual who has a disability as that term is defined in section 12102 3 of the Americans with disabilities act of 1990, 42 USC 12102, and 28 CFR 36.104.36.105.

(d) (c) As used in subdivision (b), (c), "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.

(e) (d) "Place of public accommodation" means that term as defined in 28 CFR 36.104.

(f) (e) "Public accommodation" means that term as defined in section 12181 301 of the Americans with disabilities act of 1990, 42 USC 12181, and 28 CFR 36.104.

(g) (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.

(h) "Trainer" means an individual who is employed by a service animal agency that is accredited by Assistance Dogs International or the International Guide Dog Federation.

(i) (g) "Veteran" means any of the following:

(i) A person An individual 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 An individual 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.