Misrepresentation of Service Animal

Subdivision 1. Definitions. As used in this section: (1) "place of public accommodation" has the meaning given in section 363A.03, subdivision 34; and (2) "service animal" has the meaning given in Code of Federal Regulations, title 28, section 36.104, as amended through March 1, 2018. Subd. 2. Prohibited conduct. A person may not, directly or indirectly through statements or conduct, intentionally misrepresent an animal in that person's possession as a service animal in any place of public accommodation to obtain any rights or privileges available to a person who qualifies for a service animal under state or federal law knowing that the person is not entitled to those rights or privileges. Subd. 3. Penalty. (a) Except as provided in paragraph (b), a person who violates subdivision 2 is guilty of a petty misdemeanor. (b) A person who violates subdivision 2 a second or subsequent time is guilty of a misdemeanor. Subd. 4. Notice. (a) A conspicuous sign may be posted in a location accessible to public view in a place of public accommodation that contains the following, or substantially similar, language: "NOTICE Service Animals Welcome. It is illegal for a person to misrepresent an animal in that person's possession as a service animal." (b) The Council on Disability may prepare and make available to businesses a brochure detailing permissible questions a business owner may ask to determine whether an animal is a service animal, proper answers to those questions, and guidelines defining unacceptable behavior.