Amendment #19 to H4661

Commission to Study the Misrepresentation of a Service Animal

Ms. Ferguson of Holden moves to amend the bill by adding the following section:

“SECTION XX. (a) There shall be a special legislative commission established pursuant to section 2A of chapter 4 of the General Laws to study and report on the use of service animals in the commonwealth. The commission shall consist of 17 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 appointed by the speaker of the house; 1 of whom shall be appointed by the senate president; 1 of whom shall be appointed by the house minority leader; 1 of whom shall be appointed by the senate minority leader; 1 of whom shall be the governor or their designee; 1 of whom shall be the attorney general or their designee; 1 of whom shall be the executive director of MassAbility or their designee; 1 of whom shall be the chair of the Massachusetts Commission Against Discrimination or their designee; 1 of whom shall be the chair of the municipal police training committee established pursuant to section 116 of chapter 6 of the General Laws or their designee; 1 of whom shall be the executive director of the mental health legal advisors committee established pursuant to section 34E of chapter 221 of the General Laws or their designee; 1 of whom shall be the president of the Massachusetts Restaurant Association or their designee; and 4 members who shall be appointed by the governor, 1 of whom shall be a representative of  an Assistance Dogs International accredited professional service dog organization headquartered in Massachusetts, specializing in public advocacy and education as well as the training of service dogs that has been in existence for 46 years and has placed more than 900 service dogs in the Commonwealth of Massachusetts, 1 of whom shall be a representative  from a Western Massachusetts outdoor music venue situated on a footprint of no less than 450 which attracts more than 350,000 visitors annually, and 1 of whom shall be a member of an association advocating for the interests of retailers in the commonwealth;  1 of whom shall be a disabled individual who resides in Massachusetts who is an employee of a legitimate service dog training team in which the service dog has received its' training from an Assistance Dog International accredited service dog organization

(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; and (v) identifying training and educational opportunities aimed at increasing understanding of laws governing the use of service animals among public officials, law enforcement, business owners and members of the public in the commonwealth. The commission shall report on its findings, including, but not limited to: (i) recommending changes to laws governing the use of service animals in the commonwealth, if any, including the definition of “service animal” and whether to introduce legislation prohibiting and civilly penalizing service animal fraud; and (ii) determining the feasibility of certifying, registering or licensing service animals in the commonwealth.

(c) The commission shall file its report not later than April 1, 2025 with the clerks of the house of representatives 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 joint committee on the judiciary.”