The proposed measure would set proof rules for emotional support animals in housing, penalties for listed false claims, and guidance for businesses about service animals.
When someone keeps or seeks to keep an emotional support animal in housing, providers may ask for reliable proof of a disability and the animal’s related need. They may also ask for a prescription or letter.
A person seeking housing would owe at least $500 for listed false claims about a disability or an emotional support animal, or for providing false prescription or letter documents.
A licensed health professional would owe at least $500 for listed false statements about a patient's disability or animal need, or for providing a letter or prescription without a 30-day patient relationship.
A person who knowingly and intentionally falsely claims to have a service animal in a public place may face a forfeiture or community service. The limits are higher for repeat violations.
The Department of Workforce Development would prepare signs and a guide about service animals for businesses. Businesses could request them, and the department would consult service-animal and business organizations.
Housing providers may ask for reliable proof of a disability and an emotional support animal’s disability-related need. This applies when someone keeps or seeks to keep an emotional support animal in housing. Providers may also ask for documentation, including a prescription or letter, for the emotional support animal.
A person seeking housing would face a forfeiture of at least $500 for the listed false claims or documents. The rule concerns misrepresentations made to obtain housing about a disability or an emotional support animal. The text lists intentionally misrepresenting a disability, misrepresenting the need for an emotional support animal, and providing false prescription or letter documentation.
A licensed health professional would face a forfeiture of at least $500 for the listed misrepresentations or for providing a letter or prescription without the required patient relationship. This applies when the professional acts to allow a patient to obtain housing. The text lists misrepresenting a patient's disability or need for an emotional support animal, or providing a prescription or letter without having at least a 30-day relationship with the patient.
A person who knowingly and intentionally falsely claims to have a service animal in a public place may face a forfeiture or community service. The claim must be made knowingly and intentionally at a public place of accommodation or amusement. For a first violation, the forfeiture may be up to $200, or a court may require 20 hours of community service for an organization serving people with disabilities. For a second or later violation, the forfeiture may be up to $500, or a court may require 40 hours of such community service. The higher forfeiture or service requirement applies to a second or later violation.
The Department of Workforce Development would prepare service-animal signs and a business guide and make them available to businesses upon request. The sign would welcome task-trained service animals and state that falsely claiming an animal is a service animal violates state law. The guide would explain business rights and lawful ways to check for a violation. The department would consult service-animal and business organizations while preparing the materials.
No hearings or votes scheduled.