Full Statute Name:  Consolidated Assistance Animal/Guide Dog Laws

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Primary Citation:  MCL 287.291 and MCL 750.50a, 750.502c; MCL 752.51a, 752.52, 752.61 - 64 Country of Origin:  United States Last Checked:  March, 2016
Summary:

The following statutes comprise the state's relevant assistance animal and guide dog laws.

Statute Text: 

Michigan Compiled Laws Annotated. Chapter 287. Service Animals.

287.291 . License fees; exemption for service animals

Michigan Compiled Laws Annotated. Chapter 750. Michigan Penal Code. The Michigan Penal Code. Chapter IX. Animals.

750.50a . Service animals; prohibited conduct; violation; penalties; rebuttable presumption

750.50c . Intentionally killing, causing physical harm to, harassing, or interfering with police dog, police horse, or search and rescue dog

Michigan Compiled Laws Annotated. Chapter 752. Crimes and Offenses. Protection of Blind Persons.

752.51a. Definitions

752.52 . Approaching crosswalk by driver without taking precautions to avoid accidents or injuries to blind pedestrians; civil actions; investigations

Michigan Compiled Laws Annotated. Chapter 752. Crimes and Offenses. Service Animals

752.61 . Definitions

752.62 . Represent as in possession of service animal; prohibition

752.63 . Violation; Penalties

752.64. Report of violation; telephone complaint hotline; investigation

Michigan Compiled Laws Annotated. Chapter 750. Michigan Penal Code. The Michigan Penal Code. Chapter LXXII. Public Safety.

750.502c. Service animals; duties of public accommodation; removal or exclusion; control by handler; inquires and documentation; prohibited conduct; violation; penalties

 

 

Chapter 287. Animal Industry. Leader Dogs for Blind Persons.


287.291. License fees; exemption for service animals

Sec. 1. (1) Notwithstanding any law or ordinance to the contrary, a service animal is not subject to any fee for licensing if either of the following applies:

(a) The service animal is used by a person with a disability.

(b) The service animal is owned by a partnership, corporation, or other legal entity that trains service animals for use by a person with a disability.

(2) As used in this section:

(a) “Person with a disability” means a person who has a disability as defined in section 12102 of the Americans with disabilities act of 1990, 42 USC 12102, and 28 CFR 36.104.

(b) As used in subdivision (a), “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.

(c) “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.

(d) “Veteran” means any of the following:

(i) A person 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 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.

Credits
Amended by P.A.1981, No. 74, § 1, Imd. Eff. June 30, 1981; P.A.1984, No. 112, § 1, Imd. Eff. May 24, 1984; P.A.2000, No. 4, Imd. Eff. Feb. 22, 2000; P.A.2015, No. 145, Eff. Jan. 18, 2016.

 

Chapter 750. Michigan Penal Code. The Michigan Penal Code. Chapter IX. Animals.

750.50a. Conduct directed toward dogs assisting or serving blind, deaf, audibly impaired, or physically limited individuals; misdemeanor, penalties; evidence of initiated or continued conduct, rebuttable presumption; conviction and imposition of sentence; definitions

Sec. 50a. (1) An individual shall not do either of the following:

(a) Willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass, or injure a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability.

(b) Willfully and maliciously impede or interfere with, or attempt to impede or interfere with, duties performed by a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability.

(2) An individual who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

(3) In a prosecution for a violation of subsection (1), evidence that the defendant initiated or continued conduct directed toward a service animal described in subsection (1) after being requested to avoid or discontinue that conduct or similar conduct by a person with a disability being served or assisted by the service animal shall give rise to a rebuttable presumption that the conduct was initiated or continued maliciously.

(4) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under any other applicable provision of law.

(5) As used in this section:

(a) “Harass” means to engage in any conduct directed toward a service animal described in subsection (1) that is likely to impede or interfere with the service animal's performance of its duties or that places the person with a disability being served or assisted by the service animal in danger of injury.

(b) “Injure” means to cause any physical injury to a service animal described in subsection (1).

(c) “Maliciously” means any of the following:

(i) With intent to assault, beat, harass, or injure a service animal described in subsection (1).

(ii) With intent to impede or interfere with duties performed by a service animal described in subsection (1).

(iii) With intent to disturb, endanger, or cause emotional distress to a person with a disability being served or assisted by a service animal described in subsection (1).

(iv) With knowledge that the individual's conduct will or is likely to harass or injure a service animal described in subsection (1).

(v) With knowledge that the individual's conduct will or is likely to impede or interfere with duties performed by a service animal described in subsection (1).

(vi) With knowledge that the individual's conduct will or is likely to disturb, endanger, or cause emotional distress to a person with a disability being served or assisted by a service animal described in subsection (1).

(d) “Person with a disability” means a person who has a disability as defined in section 12102 of the Americans with disabilities act of 1990, 42 USC 12102, and 28 CFR 36.104.

(e) As used in subdivision (d), “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.

(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.

(g) “Veteran” means any of the following:

(i) A person 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 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.

Credits
P.A.1931, No. 328, § 50a, added by P.A.1994, No. 42, § 1, Eff. June 1, 1994. Amended by P.A.2015, No. 144, Eff. Jan. 18, 2016.

 

750.50c. Intentionally killing, causing physical harm to, harassing, or interfering with police dog, police horse, or search and rescue dog

Sec. 50c. (1) As used in this section:

(a) “Dog handler” means a peace officer who has successfully completed training in the handling of a police dog pursuant to a policy of the law enforcement agency that employs that peace officer.

(b) “Physical harm” means any injury to a dog's or horse's physical condition.

(c) “Police dog” means a dog used by a law enforcement agency of this state or of a local unit of government of this state that is trained for law enforcement work and subjectto the control of a dog handler.

(d) “Police horse” means a horse used by a law enforcement agency of this state or of a local unit of government of this state for law enforcement work.

(e) “Search and rescue dog” means a dog that is trained for, being trained for, or engaged in a search and rescue operation.

(f) “Search and rescue operation” means an effort conducted at the direction of an agency of this state or of a political subdivision of this state to locate or rescue a lost, injured, or deceased individual.

(g) “Serious physical harm” means any injury to a dog's or horse's physical condition or welfare that is not necessarily permanent but that constitutes substantial body disfigurement, or that seriously impairs the function of a body organ or limb.

(2) A person shall not intentionally kill or cause serious physical harm to a police dog or police horse or a search and rescue dog.

(3) A person shall not intentionally cause physical harm to a police dog or police horse or a search and rescue dog.

(4) A person shall not intentionally harass or interfere with a police dog or police horse or search and rescue dog lawfully performing its duties.

(5) A person who violates subsection (2) is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.

(6) Except as provided in subsection (7), a person who violates subsection (3) or (4) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $5,000.00, or both.

(7) A person who violates subsection (3) or (4) while committing a crime is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $15,000.00, or both.

(8) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law committed by that individual while violating this section.

Credits
P.A.1931, No. 328, § 50c, added by P.A.1994, No. 336, § 1, Eff. April 1, 1995. Amended by P.A.2002, No. 672, Eff. March 31, 2003; P.A.2006, No. 517, Imd. Eff. Dec. 29, 2006.

 

Michigan Compiled Laws Annotated Currentness. Chapter 752. Crimes and Offenses. Protection of Blind Persons.

752.51a. Definitions

Sec. 1a. As used in this act:

(a) “Blind” means a person who has a visual acuity of 20/200 or less in the better eye with correction, or has limitation of his or her field of vision such that the widest diameter of the visual field subtends an angular distance not greater than 20 degrees.

(b) “Cane” means an aid used by a blind pedestrian for travel and identification purposes that is white in color with or without a red tip.

(c) “Crosswalk” means that term as defined in section 10 of the Michigan vehicle code, 1949 PA 300, MCL 257.10.

(d) “Dog guide” means a dog, in harness, that has been formally trained and that is used by a blind person as a travel aid.

(e) “Walker” means an aid used by a blind pedestrian for travel and identification purposes that is white in color or has white legs with or without a red tip.

Credits
P.A.1937, No. 10, § 1a, added by P.A.1986, No. 62, § 1, Eff. Jan. 1, 1987. Amended by P.A.2002, No. 401, Imd. Eff. June 3, 2002.


752.52. Approaching crosswalk by driver without taking precautions to avoid accidents or injuries to blind pedestrians; civil actions; investigations

Sec. 2. (1) A driver of a vehicle shall not approach a crosswalk or any other pedestrian crossing without taking all necessary precautions to avoid accident or injury to a blind pedestrian carrying a cane or using a dog guide or walker.

(2) A driver who approaches a crosswalk or any other pedestrian crossing without taking all necessary precautions to avoid accident or injury to a blind pedestrian carrying a cane or using a dog guide or walker is liable in damages for any injuries caused the blind pedestrian. A blind pedestrian who does not carry a cane or use a dog guide or walker has all of the rights and privileges conferred upon any other pedestrian by the laws of this state. The failure of a blind pedestrian to carry a cane or use a dog guide or walker shall not be treated as evidence of negligence in a civil action for injury to the blind pedestrian or for the blind pedestrian's wrongful death.

(3) If a person alleges to a peace officer a violation of subsection (1), the peace officer shall investigate the alleged violation. The prosecuting attorney shall review the peace officer's investigative report to determine whether a violation of subsection (1) has occurred and whether to issue charges. Upon the request of the blind pedestrian and after reviewing the investigative report, a prosecuting attorney shall inform the blind pedestrian of his or her decision and the reason or reasons supporting that decision.

CREDIT(S)

Amended by P.A.1986, No. 62, § 1, Eff. Jan. 1, 1987; P.A.2002, No. 401, Imd. Eff. June 3, 2002.

 

Michigan Compiled Laws Annotated Currentness. Chapter 752. Crimes and Offenses. Service Animals.

752.61. Definitions

Sec. 1. As used in this act:

(a) “Person with a disability” means a person who has a disability as defined in section 12102 of the Americans with disabilities act of 1990, 42 USC 12102 and 28 CFR 36.104.

(b) As used in subdivision (a), “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.

(c) “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.

(d) “Veteran” means any of the following:

(i) A person 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 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.

Credits
P.A.1981, No. 82, § 1, Imd. Eff. July 1. Amended by P.A.1984, No. 111, § 1, Imd. Eff. May 24; P.A.2015, No. 147, Eff. Jan. 18, 2016.

 

752.62. Represent as in possession of service animal; prohibition

Sec. 2. A person shall not falsely represent that he or she is in possession of a service animal, or a service animal in training, in any public place.

Credits
P.A.1981, No. 82, § 2, Imd. Eff. July 1. Amended by P.A.1984, No. 111, § 1, Imd. Eff. May 24; P.A.2015, No. 147, Eff. Jan. 18, 2016.

 

752.63. Violation; Penalties

Sec. 3. A person who knowingly violates this act is guilty of a misdemeanor punishable by 1 or more of the following:

(a) Imprisonment for not more than 90 days.

(b) A fine of not more than $500.00.

(c) Community service for not more than 30 days.

Credits
P.A.1981, No. 82, § 3, Imd. Eff. July 1. Amended by P.A.2015, No. 147, Eff. Jan. 18, 2016.

 

752.64. Report of violation; telephone complaint hotline; investigation

Sec. 4. The department of civil rights shall use its existing telephone complaint hotline to receive reports of a person falsely representing that he or she is in possession of a service animal or a service animal in training. The department may refer an alleged violation of this act to the appropriate law enforcement agency for investigation.

Credits
P.A.1981, No. 82, § 4, added by P.A.2015, No. 147, Eff. Jan. 18, 2016.

 

Michigan Compiled Laws Annotated Currentness. Chapter 750. Michigan Penal Code. The Michigan Penal Code. Chapter LXXII. Public Safety.

750.502c. Service animals; duties of public accommodation; removal or exclusion; control by handler; inquires and documentation; prohibited conduct; violation; penalties

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

(c) Whether the miniature horse is housebroken.

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

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

(b) The service animal is not housebroken.

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

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

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

(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 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), 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 to perform.

(7) A public accommodation shall not do either of the following:

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

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

(8) A person with a disability shall be permitted 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.

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

(10) A public accommodation that violates subsections (1), (3), or (6) to (9) is guilty of a misdemeanor.

(11) As used in this section:

(a) “Facility” means that term as defined in 28 CFR 36.104.

(b) “Person with a disability” means a person who has a disability as defined in section 12102 of the Americans with disabilities act of 1990, 42 USC 12102, and 28 CFR 36.104.

(c) As used in subdivision (b), “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.

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

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

(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.

(g) “Veteran” means any of the following:

(i) A person 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 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.

Credits
Amended by P.A.1980, No. 317, § 1, Eff. March 31, 1981; P.A.1984, No. 110, § 1, Eff. Oct. 1; P.A.1995, No. 114, § 1, Eff. Jan. 1, 1996; P.A.1998, No. 38, Imd. Eff. March 18, 1998; P.A.2015, No. 144, Eff. Jan. 18, 2016.

 

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