☰ Revisor of Missouri

Title XII PUBLIC HEALTH AND WELFARE

Chapter 209

< > Effective - 28 Aug 2020, 2 histories bottom

  209.204.  Impersonating a person with a disability for the purpose of receiving certain accommodations, penalty, civil liability — misrepresentation of dog as service dog, penalty, civil liability — misrepresentation of animal as assistance animal, penalty, civil liability — placard, brochure. — 1.  Any person who knowingly impersonates a person with a disability for the purpose of receiving the accommodations regarding service dogs under the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., is guilty of a class C misdemeanor and shall also be civilly liable for the amount of any actual damages resulting from such impersonation.  Any second or subsequent violation of this section is a class B misdemeanor.  For purposes of this section, "impersonates a person with a disability" means a representation by word or action as a person with a disability.

  2.  No person shall knowingly misrepresent a dog as a service dog for the purpose of receiving the accommodations regarding service dogs under the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq.  For purposes of this section, "misrepresent a dog as a service dog" means a representation by word or action that a dog has been trained as a service dog, as defined in section 209.200.  Misrepresentation of a service dog *includes, but is not* limited to:

  (1)  Knowingly creating documents that falsely represent that a dog is a service dog;

  (2)  Knowingly providing to another person documents falsely stating that a dog is a service dog;

  (3)  Knowingly fitting a dog, if the dog is not a service dog, with a harness, collar, vest, or sign of the type commonly used by a person with a disability to indicate a dog is a service dog; or

  (4)  Knowingly representing that a dog is a service dog if the dog has not completed training to perform disability-related tasks or do disability-related work for a person with a disability.

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A person who violates this subsection is guilty of a class C misdemeanor and shall also be civilly liable for any actual damages resulting from such misrepresentation.  Any second or subsequent violation of this subsection is a class B misdemeanor.

  3.  No person shall knowingly misrepresent any animal as an assistance animal for the purpose of receiving the accommodations regarding assistance animals under the Fair Housing Act, 42 U.S.C. Section 3601, et seq., or the Rehabilitation Act, 29 U.S.C. Section 701, et seq.  For the purposes of this section an "assistance animal" is an animal that works, provides assistance, or performs tasks, or is being trained to work, provide assistance, or perform tasks, for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person's disability.  While dogs are the most common type of assistance animal, other animals can and may also be assistance animals.  Misrepresentation of an assistance animal *includes, but is not* limited to:

  (1)  Knowingly creating documents that falsely represent that an animal is an assistance animal;

  (2)  Knowingly providing to another person documents falsely stating that an animal is an assistance animal;

  (3)  Knowingly fitting an animal, if the animal is not an assistance animal, with a harness, collar, vest, or sign of the type commonly used by a person with a disability to indicate an animal is an assistance animal; or

  (4)  Knowingly and intentionally misrepresenting a material fact to a health care provider for the purpose of obtaining documentation from the health care provider necessary to designate an animal as an assistance animal.  All documentation for an assistance animal shall** be from a qualified professional as permitted under the Fair Housing Act, 42 U.S.C. Section 3601, et seq., or the Rehabilitation Act, 29 U.S.C. Section 701, et seq.

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A person who violates this subsection is guilty of a class C misdemeanor and shall also be civilly liable for any actual damages resulting from such misrepresentation.  Any second or subsequent violation of this subsection is a class B misdemeanor.

  4.  The governor's council on disability shall prepare and make available online a placard suitable for posting in a front window or door, stating that service dogs are welcome and that misrepresentation of a service dog is a violation of Missouri law, and as well as a brochure detailing permissible questions, as allowed by the Americans with Disabilities Act, a business owner may ask in order to determine whether a dog is a service dog, and guidelines defining unacceptable behavior.

  5.  The governor's council on disability shall prepare and make available online a brochure for landlords and tenants regarding laws relating to service dogs, assistance animals, and housing under federal and Missouri law.

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(L. 2005 H.B. 116, A.L. 2020 S.B. 644 merged with S.B. 656)

*...*Words "shall include, but shall not be" appear in original rolls of S.B. 644, 2020.

**Word "must" appears in original rolls of S.B. 656, 2020.


---- end of effective  28 Aug 2020 ----

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209.204 8/28/2020
209.204 7/12/2005 8/28/2020

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