Where Is Misrepresenting A Service Dog Illegal

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ANIMALS - LEGISLATION; HANDICAPPED;

Misrepresentation of a Service Animal
By: Janet Kaminski Leduc, Senior Legislative Attorney
November 16, 2017	|	2017-R-0255

Consequence

Summarize the Massachusetts ' proposed pecker almost misrepresenting a service brute. Has Connecticut or whatsoever other land enacted a similar law?

Summary

Massachusetts is considering a bill that would make information technology a civil infraction for anyone to misrepresent a pet dog equally a service dog ( H. 2277 ). Under the neb, a violation is punishable by 30 hours of customs service, a fine of up to $500, or both. The legislature ' due south Judiciary Committee held a public hearing on the bill on September 12, 2017. There has been no action on the bill since that engagement.

Connecticut does non take a similar police. However, 19 other states have enacted laws that brand it unlawful for a person to misrepresent an animal as a service brute or otherwise fraudulently correspond oneself as having a correct to be accompanied by a service fauna. These states are California, Colorado, Florida, Idaho, Kansas, Maine, Michigan, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Texas, Utah, Virginia, and Washington. Most of these states classify an criminal offence every bit a misdemeanor.

For more information about service animals, see the following resources: (1) Table of State Assistance Creature Laws , Michigan State University College of Law ' s Beast Legal and Historical Heart; (2) Service Dogs and the Constabulary, OLR Report 2014-R-0025 ; and (3) Harassing Service Animals, OLR R eport 2010-R-0048 .

Massachusetts Bill

Massachusetts Firm Beak 2277 makes it a civil infraction for anyone to misrepresent a pet dog as a service dog. A person does this when he or she (1) expressly or impliedly represents that a domestic dog in his or her possession is a service dog, or in training to become one, to obtain the rights and privileges afforded an individual with disabilities who is accompanied by a service dog and (two) knew or should take known that the canis familiaris in question does not run into the definition of a service dog or ane in preparation.

Under the nib, it is an intentional misrepresentation and a violation of the bill for a person to take a dog into a identify of public accommodation where pets are not permitted wearing a cape, belong, special leash, or other form of identification that states or implies that it is a service dog, even if the person makes no affirmative statements.

Any police or creature control officer may investigate allegations of violations. An officer may ask questions to the person accompanied by the dog in question. The person ' south refusal to answer the questions creates a presumption that the dog is not a service domestic dog, and the officer may issue a citation and require the person to remove the dog from the place of public accommodation.

Anyone who misrepresents a service canis familiaris commits a civil infraction that is punishable by 30 hours of customs service, a fine of up to $500, or both. Community service must exist for an organization serving individuals with disabilities, or another entity at the court ' s discretion, and completed inside six months.

Additionally, the bill requires the Executive Role of Labor and Workforce Evolution Business organisation to prepare and make available to businesses upon asking:

1. a decal suitable for posting in a window or door stating that service dogs are welcome and that misrepresentation of a service dog is a violation of Massachusetts law and

2. a brochure detailing permissible questions a business owner may enquire to determine if a dog is a service canis familiaris, proper answers to the questions, and guidelines for defining unacceptable behavior.

Land Laws

19 states have laws making information technology unlawful to misrepresent an animal every bit a service beast or fraudulently represent oneself as having a right to exist accompanied by a service animal, as described below.

California

Anyone who knowingly and fraudulently represents himself or herself, through verbal or written find, to be the owner or trainer of a dog licensed equally, to be qualified as, or identified as, a guide, signal, or service dog is guilty of a misdemeanor, punishable by imprisonment for upwardly to half dozen months, a fine of up to $1,000, or both ( Cal. Penal Code � 365.7 ).

Colorado

A person commits intentional misrepresentation of a service fauna if he or she:

1. intentionally misrepresents an animal as a service animate being, or ane in grooming, to obtain the rights and privileges of an individual with a inability who is accompanied by a service animate being;

2. was previously given a written or verbal warning that information technology is illegal to intentionally misrepresent a service animal; and

3. knows that the animal in question is not a service animal or i in preparation.

A first crime is punishable by a $25 fine. A 2nd offense is punishable by a fine of between $50 and $200. A third or subsequent law-breaking is punishable by a fine of between $100 and $500.

A defendant may petition the court to take the conviction tape sealed if certain criteria are met ( Colo. Rev. Stat. Ann. � xviii-13-107.vii ).

Florida

Anyone who knowingly or willingly misrepresents himself or herself, through comport or verbal or written notice, every bit training or using and being qualified to use a service animal commits a two^nd degree misdemeanor, punishable by imprisonment of up to 60 days, a fine of up to $500, or both. Additionally, the person must perform xxx hours of community service for an organization that serves individuals with disabilities, or for another entity at the court ' s discretion, to be completed within six months (Fla. Stat. Ann. �� 413.08(9) , 775.082 , and 775.083 ).

Idaho

Anyone who is non an individual with a disability or is non being trained to assist an individual with a inability who uses an help device or dog in an endeavor to proceeds treatment or benefits as an individual with a disability is guilty of a misdemeanor, punishable by imprisonment of up to half dozen months, a fine of up to $1,000, or both (Idaho Code �� 18-5811A and xviii-113 ).

Kansas

A person commits a class A misdemeanor if the person represents that he or she has a (1) correct to be accompanied by an assist dog or professional person therapy dog without having that right or (two) disability for the purpose of acquiring an aid dog unless he or she in fact has a disability. A class A misdemeanor is punishable by imprisonment of up to one year, a fine of up to $2,500, or both (Kan. Stat. Ann. �� 39-1112 , 21-6602 , and 21-6611 ).

Maine

A person who knowingly misrepresents a service or assistance animate being commits a civil violation, punishable by a fine of upwards to $1,000 for each occurrence. Misrepresentation includes knowingly:

1. creating documents that falsely represent that an creature is a service or assistance animal;

2. providing another person with documents falsely stating an animal is a service or assistance brute;

3. fitting an animal that is not a service brute with a harness, collar, vest, or sign ordinarily used by an individual with a disability to betoken the brute is a service animal; or

four. representing that an animal is a service animal when it has non completed training to perform disability-related tasks or work for an individual with a disability ( Me. Rev. Stat. Ann. tit. 17, � 1314-A ).

Michigan

It is unlawful for a person to falsely represent that he or she is in possession of a service animal or one in training in any public identify. A person who knowingly violates this police force is guilty of a misdemeanor, punishable by one or more of the following: imprisonment of up to 90 days, a fine of up to $500, or upwardly to xxx days of community service. The Section of Civil Rights must operate a complaint hotline to receive reports of violations. The department may refer allegations to the appropriate law enforcement agency for investigation ( Mich. Comp. Laws Ann. �� 752.61 through 7 52 .64 ).

Missouri

Anyone who knowingly impersonates a person with a disability to receive the accommodations regarding service dogs permitted under the Americans with Disabilities Act is guilty of a course C misdemeanor (punishable past imprisonment of upwards to fifteen days, a fine of upwards to $750, or both) and is also liable for whatsoever actual damages resulting from the impersonation. A subsequent violation is a class B misdemeanor (punishable by imprisonment of upwards to six months, a fine of up to $ane,000, or both) (Mo. Rev. Stat. �� 209.204 , 558.011 , and 558.002 ).

Nebraska

A person who carries, displays, or uses a white cane or guide dog when he or she is not bullheaded commits a class III misdemeanor, punishable by imprisonment of up to three months, a fine of upwards to $500, or both (Neb. Rev. Stat. �� 28-1313 and 28-106 ).

Nevada

Anyone other than a person who is blind, deaf, or has a inability who uses a service animal is guilty of a misdemeanor, punishable past imprisonment of up to six months, a fine of up to $ane,000, or both (Nev. Rev. Stat. �� 426.510 and 193.150). Additionally, a person who fraudulently misrepresents an creature as a service animal or one in grooming commits a misdemeanor, punishable by a fine of up to $500 ( Nev. Rev. Stat. � 426.805 ).

New Hampshire

It is unlawful for a person to (1) fit an creature with a collar, leash, belong, sign, harness, or service animal tag to represent the animal as a service beast when it is non one or (2) request a service brute tag for an animal that is not one. It is too unlawful for a person to impersonate, by give-and-take or activity, an private with a disability to receive service canis familiaris accommodations or accessories (e.g., collar, leash, belong, sign, harness, or tag). A violation is a misdemeanor punishable by a fine of upwardly to $1,200 (N.H. Rev. Stat. Ann. �� 167-D:8 , 167-D:10 , 625:9 , and 651:2 ).

New Bailiwick of jersey

Anyone who fits a canis familiaris with a harness of the type commonly used past bullheaded persons to stand for that the dog is a guide dog when the domestic dog has not been trained equally a guide dog is subject to a $100 to $500 fine ( N.J. Stat. Ann. � ten:five-29.five ).

New United mexican states

It is unlawful for a person to knowingly nowadays as a qualified service fauna any animal that is not one. A violation is a misdemeanor, punishable by imprisonment for less than one twelvemonth, a fine of upward to $1,000, or both. A "qualified service animal" is any dog or miniature horse that has been or is being trained to provide assistance to an individual with a disability who has a physical or mental impairment that substantially limits one or more than major life activities. It excludes a pet and an emotional support, comfort, or therapy animal (N.G. Stat. Ann. �� 28-11-2 , 28-eleven-6 , and 31-19-one ).

New York

It is unlawful for a person to knowingly affix to whatever dog any fake or improper identification tag identifying the dog equally a guide, service, or hearing canis familiaris. A violation is punishable past a fine of at least $25 for a first offense and $50 for a 2d criminal offense within five years. A third or subsequent law-breaking within v years is punishable by imprisonment of up to 15 days, a fine of at to the lowest degree $100, or both ( N.Y. Agric. & Mkts. Law � 118 ).

North Carolina

A person who disguises an animal as a service animal or i in training commits a class 3 misdemeanor ( North.C. Gen. Sta t. � 168-4.5 ). A person convicted of a class three misdemeanor who has no more than three prior convictions volition be subject to a fine of up to $200 ( N.C. Gen. Stat. � 15A-1340.23 ).

Texas

A person who uses an animal with a harness or leash of the type usually used by individuals with disabilities to represent that his or her brute is a peculiarly trained service fauna when information technology is not one is guilty of a misdemeanor, punishable by a fine of up to $300 and xxx hours of community service. Community service must exist performed for a governmental entity or nonprofit system that primarily serves people with visual impairments or other disabilities, or another entity at the court ' s discretion, inside one year ( Tex. Hum. Res. Code Ann. � 121.006 ).

Utah

A person who intentionally and knowingly (1) falsely represents that an creature is a service animal or (2) misrepresents a material fact to a health intendance provider to obtain documentation needed to designate an animal every bit a service brute, is guilty of a class B misdemeanor, punishable by imprisonment of up to 6 months, a fine of upwardly to $1,000, or both (Utah Code Ann. �� 62A-5b-106 , 76-3-204 , and 76-iii-301 ).

Virginia

A person who knowingly and willfully fits a dog with a harness, collar, vest, or sign, or uses an identification card usually used by an individual with a disability, to represent the dog as a service or hearing dog to fraudulently gain public access for the dog is guilty of a class 4 misdemeanor, punishable past a fine of up to $250 (Va. Code Ann. �� 51.5-44.i and eighteen.2-11 ).

Washington

Information technology is unlawful for whatever pedestrian who is not totally or partially blind, hearing dumb, or otherwise disabled to use a guide dog or service brute in whatsoever public place, adaptation, or conveyance to secure the rights and privileges afforded individuals with disabilities. A violation is a misdemeanor, punishable by imprisonment of up to 90 days, a fine of up to $one,000, or both (Launder. Rev. Code Ann. �� 70.84.060 , 70.84.070 , and 9A.xx.010 ).

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Where Is Misrepresenting A Service Dog Illegal,

Source: https://www.cga.ct.gov/2017/rpt/2017-R-0255.htm

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