Introduced by Reps. Crissman, Voorhees, Hammerstrom, Bullard, Dalman, Rocca and Hill Reps. Baird, Berman, Bodem, Brater, Brewer, Curtis, DeHart, Demars, Dobb, Dobronski, Dolan, Freeman, Gagliardi, Galloway, Gire, Gnodtke, Green, Gubow, Jellema, Jersevic, Kaza, Kilpatrick, Kukuk, Law, Mathieu, Middaugh, Middleton, Profit, Randall, Schroer, Tesanovich, Vaughn, Weeks and Willard named co-sponsors

AN ACT to amend section 502c of Act No. 328 of the Public Acts of 1931, entitled as amended "An act to revise consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," as amended by Act No. 110 of the Public Acts of 1984, being section 750.502c of the Michigan Compiled Laws.

The People of the State of Michigan enact:

Section 1. Section 502c of Act No. 328 of the Public Acts of 1931, as amended by Act No. 110 of the Public Acts of 1984, being section 750.502c of the Michigan Compiled Laws, is amended to read as follows:

Sec. 502c. (1) A person who is an owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public or private housing, accommodation, amusement, or recreation, including but not limited to any inn, hotel, motel, apartment building, trailer park, restaurant, barbershop, billiard parlor, store, public conveyance on land or water, theater, motion picture house, public or private educational institution, or elevator, who refuses to permit a handicapper to enter or use the place when the place is available because the handicapper is being led or accompanied by a guide or leader dog, hearing dog, or service dog is guilty of a misdemeanor if the guide or leader dog is wearing a harness or if the hearing dog or service dog is wearing a blaze orange leash or collar, hearing dog cape, or service dog backpack, and the handicapper begin led or accompanied has in his or her possession a pictured identification card certifying that the dog was trained by a qualified organization or trainer. The department of labor shall maintain a list of organizations or trainers that train guide or leader dogs, hearing dogs, or service dogs. (2) A person who is an owner , lessee, proprietor, manager, superintendent, agent, or employee of any place of public or private housing, accommodation, amusement, or recreation, including, but not limited to, the places listed in subsection (1), who refuses to permit a trainer of guide or leader dogs, hearing dogs or service dogs to enter or use the place when the place is available because the trainer is being led or accompanied by a guide or leader dog, hearing dog, or service dog is guilty of a misdemeanor if the guide or leader dog is wearing a harness or if the hearing dog or service dog is wearing a hearing dog cape or service dog backpack, if the trainer is being led or accompanied by an adult dog for the purpose of training the dog, and if the trainer has in his or her possession picture identification and identification stating that he or she is a representative or employee of an organization or trainer, or is a trainer, included on the department of labor list or organizations or trainers that train guide or leader dogs, hearing dogs, or service dogs. (3) As used in this section: (a) "Adult dog" means a domestic dog of the species canis familiaris that is 12 months of age or older. (b) "Audibly impaired" means audibly impaired as defined in section 1 of Act No. 82 of the Public Acts of 1981, being section 752.61 of the Michigan Compiled Laws. (c) "Blind person" means a blind person as defined in section 1 of Act No. 260 of the Public Acts of 1978, being section 393.351 of the Michigan Compiled Laws. (d) "Deaf person" means a deaf person as defined in section 1 of Act No. 82 of the Public Acts of 1981, being section 752.61 of the Michigan Compiled Laws. (e) "Handicapper" means a person who is audibly impaired, blind, deaf, or otherwise physically limited. (f) "Physically limited" means physically limited as defined in section 1 of Act No. 1 of the Public Acts of 1966, being section 125.1351 of the Michigan Compiled Laws.

Section 2. This amendatory act shall take effect January 1, 1996.

This act is ordered to take immediate effect.

Blaze orange collar and leash reserved for hearing dogs:

AN ACT to amend the title and sections 1 and 2 of Act No. 82 of the Public Acts of 1981, entitled "An act to prohibit the use of certain collars or harnesses and leashes on dogs in public places, except by deaf or audibly impaired persons; and to prescribe penalties," being sections 752.61 and 752.62 of the Michigan Compiled Laws.

The People of the State of Michigan enact:

Section 1. The title and sections 1 and 2 of Act No. 82 of the Public Acts of 1981, being sections 752.61 and 752.62 of the Michigan Compiled Laws, are amended to read as follows:

AN ACT to prohibit the use of certain collars or harnesses and leashes on dogs in public places, except by deaf, audibly impaired, or otherwise physically limited persons; and to prescribe penalties.

Sec. 1. As used in this act: (a) "Audibly impaired" means the inability to hear air conduction thresholds at an average of 40 decibels or greater in the better ear. (b) "Deaf person" means a person whose hearing is totally impaired or whose hearing, with or without amplification, is so seriously impaired that the primary means of receiving spoken language is through other sensory input, including but not limited to, lip reading, sign language, finger spelling, or reading. (c) "Physically limited" means physically limited as defined in section 1 of Act No. 1 of the Public Acts of 1966, being section 125.1351 of the Michigan Compiled Laws.

Sec. 2. A person, except a person who is deaf, audibly impaired, or otherwise physically limited shall not use or be in possession of a dog that is wearing a blaze orange leash and collar or harness in any public place.

Section 2. This amendatory act shall not take effect unless both of the following bills of the 82nd Legislature are enacted into law: (a) House Bill No. 5126 (request no. 02035 83 a). (b) House Bill No. 5125 (request no. 02035"83 b). This act is ordered to take immediate effect.

Dog license fees waived:

Introduced by Rep. Sietsema Rep. Van Singel named co-sponsor

AN ACT to amend section 1 of Act No. 207 of the Public Acts of 1970, entitled as amended "An act to exempt certain dogs from license fees, as amended by Act No. 74 of the Public Acts of 1981, being section 287.291 of the Michigan Compiled Laws. The people of the State of Michigan enact:

Section 1. Section 1 of Act No. 207 of the Public Acts of 1970, as amended by Act No. 74 of the Public Acts of 1981, being section 287.291 of the Michigan Compiled Laws, is amended to read as follows:

Sec. 1. (1) Notwithstanding any law or ordinance to the contrary a dog which is used as a guide or leader dog for a blind person, a hearing dog for a deaf or audibly impaired person, or a service dog for a physically limited persons is not subject to any fee for licensing.

(2) As used in this section: (a) "Audibly impaired" means audibly impaired as defined in section 1 of Act No. 82 of the Public Acts of 1981, being section 752.61 of the Michigan Compiled Laws. (b) "Blind person" means a blind person as defined in section 1 of Act No. 260 of the Public Acts of 1978, being section 393.351 of the Michigan Compiled Laws. (c) "Deaf person" means a deaf person as defined in section 1 of Act No. 82 of the Public Acts of 1981, being section 752.61 of the Michigan Compiled Laws. (d) "Physically limited" means physically limited as defined in section 1 of Public Acts of 1966, being section 125.1351 of the Michigan Compiled Laws.

Section 2. This amendatory act shall not take effect unless both of the following bills of the 82nd Legislature are enacted into law: (a) House Bill No. 5124 (request no. 02035'83). (b) House Bill No. 5126 (request no. 02035'83 a).

This act is ordered to take immediate effect.

Penalty for Dog Harassment:

Introduced by Reps. Bodem, Kukuk, Hill, Vorva, Rhead, Brachenridge, McBryde, Galloway, Gustafson, Hammerstrom, Anthony, Porreca, Gernaat, Dalman, Stille, Gnodtke, Willard, Lowe and Nye

AN ACT to amend Act No. 328 of the Public Acts of 1931, entitled as amended "An act to revise, consolidate, codify and add to the statues relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," as amended, being sections 750.1 to 750.568 of the Michigan Compiled Laws, is amended by adding section 50a.

The People of the State of Michigan enact:

Section 1. Act No. 328 of the Public Acts of 1931, amended, being sections 750.1 to 750.568 of the Michigan Compiled Laws, is amended by adding section 50a to read as follows:

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 dog that he or she knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, or a service dog for a physically limited individual. (b) Willfully and maliciously impede or interfere with, or attempt to impede or interfere with duties performed by a dog that he or she knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, or a service dog for a physically limited individual. (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 dog described in subsection (1) after being requested to avoid or discontinue that conduct or similar conduct by a blind, deaf, audibly impaired, or physically limited individual being served or assisted by the dog 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) "Audibly impaired" means the inability to hear air conduction thresholds at an average of 40 decibels or greater in the individual's better ear. (b) "Blind" means having a visual acuity of 20/200 or less in the individual's better eye with correction, or having a limitation of the individual's field of vision such that the widest diameter of the visual field subtends an angular distance not greater than 20 degrees. (c) "Deaf" means the individual's hearing is totally impaired or the individual's hearing, with or without amplification, is so seriously impaired that the primary means of receiving spoken language is through other sensory input, including, but not limited to, lip reading, sign language, finger spelling, or reading. (d) "Harass" means to engage in any conduct directed toward a guide, leader, hearing, or service dog that is likely to impede or interfere with the dog's performances of its duties or that places the blind, deaf, audibly impaired, or physically limited individual being served or assisted by the dog in danger of injury. (e) "Injure" means to cause any physical injury to a dog described in subsection (1). (f) "Maliciously" means any of the following: (i) With intent to assault, beat, harass or injure a dog described in subsection (1). (ii) With intent to impede or interfere with duties performed by a dog described in subsection (1). (iii) With intent to disturb, endanger, or cause emotional distress to a blind, deaf, audibly impaired, or physically limited individual being served or assisted by a dog described in subsection (1). (iv) With knowledge that the individual's conduct will, or is likely to harass or injure a dog 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 dog 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 blind, deaf, audibly impaired, or physically limited individual being served or assisted by a dog described in subsection (1). (g) "Physical limited" means having limited ambulatory abilities and includes but is not limited to having a temporary or permanent impairment or condition that does 1 or more of the following: (i) Causes the individual to use a wheelchair or walk with difficulty or insecurity. (ii) Affects sight or hearing to the extent that an individual is insecure or exposed to danger. (iii) Causes faulty coordination. (iv) Reduces mobility, flexibility, coordination, or perceptiveness.

Section 2. This amendatory act shall take effect June 1, 1994.