FILED ON: 1/30/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4609

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to the misrepresentation of a service animal.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.(a) There shall be a special commission established pursuant to section 2A of chapter 4 of the General Laws to study the use of service animals in the Commonwealth. The commission shall consist of 15 members: 2 of whom shall be the house and senate chairs of the joint committee on the judiciary or their designees, who shall serve as co-chairs; 1 of whom shall be a member of the house of representative to be appointed by the speaker of the house; 1 of whom shall be a member of the house of representatives to be appointed by the house minority leader; 1 of whom shall be a member of the senate to be appointed by the senate president; 1 of whom shall be a member of the senate to be appointed by the senate minority leader; 1 of whom shall be the attorney general or the attorney general’s designee; 1 of whom shall be the executive director of the Massachusetts Office of Disability or the executive director’s designee; 1 of whom shall be the chair of the Massachusetts Commission Against Discrimination or the chair’s designee; 1 of whom shall be appointed by the President of the Massachusetts Chiefs of Police Association; 1 of whom shall be appointed by the Commissioner of the Municipal Police Training Committee; 1 of whom shall be appointed by the executive director of the Mental Health Legal Advisors Committee; and 3 members who shall be appointed by the governor, 1 of whom shall be a representative of a professional organization specializing in the advocacy, education, and/or training of service animals, 1 of whom shall be a representative of a professional organization specializing in the advocacy, education, and/or training of other assistance animals, including emotional support, companion, or comfort animals, and 1 of whom shall be a member of an association advocating for the interests of restaurant owners and/or retailers in the Commonwealth.

(b) The study shall include, but not be limited to: (i) reviewing current federal, state, and local laws and procedures governing the use of service animals in the Commonwealth; (ii) examining the use and benefit of service animals by individuals with disabilities in the Commonwealth; (iii) investigating the presence, prevalence, and impact of fraud, misrepresentation, and other misuse of service animals in the Commonwealth; (iv) researching laws and practices in other jurisdictions with the objective to deter the misuse of service animals; (v) identifying  training and educational opportunities aimed at increasing understanding of laws governing the use of service animals amongst public officials, law enforcement, business owners, and members of the public in the Commonwealth; (vi) recommending changes to Massachusetts law governing service animals if any, including the definition of “service animal” and whether to introduce legislation prohibiting and civilly penalizing service animal fraud; and (vii) determining feasibility of certification, registration, or licensing of service animals in the Commonwealth.

(c) The commission shall file findings of its study by December 31, 2020, with the clerks of the house and the senate, who shall forward a copy of the report to the chairs of the house and senate committees on ways and means and the house and senate chairs of the joint committee on the judiciary.