HP0592, LD 785, item 1, An Act Relating to Identification of Service Animals

An Act Relating to Identification of Service Animals

Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, Maine's dog licensing law provides a means of verifying that a dog is a service dog; and

Whereas, it is in the public interest to deter people from misrepresenting dogs as service dogs; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 5 MRSA §4592, sub-§8, as enacted by PL 2007, c. 664, §7, is amended to read:

8. Service animals. For any public accommodation or any person who is the owner, lessor, lessee, proprietor, operator, manager, superintendent, agent or employee of any place of public accommodation to refuse to permit the use of a service animal or otherwise discriminate against an individual with a physical or mental disability who uses a service animal at the public accommodation unless it is shown by defense that the service animal poses a direct threat to the health or safety of others or the use of the service animal would result in substantial physical damage to the property of others or would substantially interfere with the reasonable enjoyment of the public accommodation by others. The use of a service animal may not be conditioned on the payment of a fee or security deposit, although the individual with a physical or mental disability is liable for any damage done to the premises or facilities by such a service animal.

The owner, lessor, lessee, proprietor, operator, manager, superintendent, agent or employee of a place of public accommodation may request a person using a service animal to present verification that the animal is a service animal. The request may be made prior to the person's entering or while the person is in the place of public accommodation.

Sec. 2. 7 MRSA §3906-B, sub-§1, as amended by PL 1997, c. 690, §1, is further amended to read:

1. Dog licensing laws. The commissioner shall carry out the dog licensing laws and furnish to municipalities all license blanks, stickers and tags. The commissioner shall furnish municipalities with tags to identify dogs licensed as service dogs under section 3922, subsection 4.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

summary

This bill clarifies the responsibility of the Department of Agriculture, Food and Rural Resources to provide municipalities with tags to identify dogs licensed as service dogs. It allows the owner or manager of a public place to request verification when a person accompanied by an animal is entering or within that place.

HP0592 LD 785	First Regular Session - 125th Maine Legislature		LR 752 Item 1
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