An Act To Amend the Definition of "Service Animal" To Conform with Federal Law
Sec. 1. 5 MRSA §4553, sub-§9-D, as enacted by PL 2007, c. 664, §1, is repealed.
Sec. 2. 5 MRSA §4553, sub-§9-E is enacted to read:
(1) An animal that has been determined necessary to mitigate the effects of a physical or mental disability by a physician, psychologist, physician's assistant, nurse practitioner or licensed social worker; or
(2) An animal individually trained to do work or perform tasks for the benefit of an individual with a physical or mental disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals who are deaf or hard of hearing to intruders or sounds, providing reasonable protection or rescue work, pulling a wheelchair or retrieving dropped items; and
Sec. 3. 7 MRSA §3907, sub-§24-A, as enacted by PL 2007, c. 664, §10, is amended to read:
Sec. 4. 7 MRSA §3961-A, last ¶, as amended by PL 2007, c. 664, §13, is further amended to read:
For the purposes of this section, "service animal" has the same meaning as set forth in Title 5, section 4553, subsection 9-D 9-E, paragraph A or B.
Sec. 5. 17 MRSA §1011, sub-§24-A, as enacted by PL 2007, c. 664, §16, is amended to read:
Sec. 6. 17 MRSA §1312, sub-§7, as amended by PL 2007, c. 664, §20, is further amended to read:
Sec. 7. 17 MRSA §1313, as amended by PL 2007, c. 664, §21, is further amended to read:
§ 1313. Motor vehicle drivers
The driver of a vehicle approaching a totally or partially blind or otherwise physically disabled pedestrian who is carrying a cane predominantly white or metallic in color, with or without a red tip, or using a service dog as defined in section 1312 , subsection 7 shall take all necessary precautions to avoid injury to that blind or otherwise physically disabled pedestrian, and any driver who fails to take such precautions is liable in damages for any injury caused the pedestrian. A totally or partially blind or otherwise physically disabled pedestrian, not carrying such a cane or using a service dog in any of the places, accommodations or conveyances listed in section 1312, has all of the rights and privileges conferred by law upon other persons, and the failure of a totally or partially blind or otherwise physically disabled pedestrian to carry such a cane or to use a service dog in any such places, accommodations or conveyances may not be held to constitute nor be evidence of contributory negligence.
Sec. 8. 17 MRSA §1314-A, as amended by PL 2007, c. 664, §22, is further amended to read:
§ 1314-A. Misrepresentation of service dog
A person who fits a dog with a harness, collar, vest or sign of the type commonly used by blind persons in order to represent that the dog is a service dog or commonly used by persons with disabilities to represent that the dog is a service dog when training of the type that guide dogs normally receive has not been provided or when the dog does not meet the definition of "service dog" as defined in section 1312 , subsection 7 commits a civil violation for which a fine of not more than $500 may be adjudged.
Sec. 9. 17 MRSA §3966, last ¶, as amended by PL 2007, c. 664, §23, is further amended to read:
For the purposes of this section, "service animal" has the same meaning as set forth in Title 5, section 4553, subsection 9-D 9-E, paragraph A or B.