REPEAL BAN ON BLAZE ORANGE LEASH/COLLAR

FOR DOGS OF NON-HEARING-IMPAIRED

House Bill 4247 as introduced

Sponsor:  Rep. Martin Howrylak

Committee:  Criminal Justice

Complete to 3-23-15

SUMMARY:

House Bill 4247 would repeal Public Act 82 of 1981 (MCL 752.61-752.63).  The bill would take effect 90 days after enactment.

Public Act 82 provides that only a deaf or audibly impaired person may use or be in possession of a dog wearing a blaze orange leash and collar in a public place.  A violation is a misdemeanor punishable by a fine of not more than $10.

(Note:  According to information provided on its website by DOGS for the DEAF, Inc., "Dogs wear a blaze orange collar, leash, and vest – all with the word 'Hearing Dog' prominently displayed on them." 

Apparently, use of the blaze orange collar and vest is used nationally to easily identify a dog as a service animal for which entrance into or upon public places is protected under the Americans with Disabilities Act.  According to a 2014 publication by the Michigan State University College of Law entitled "Table of State Assistance Animal Laws," about 16 states have laws making it a misdemeanor offense to "fraudulently represent that a person has the right to be accompanied by a service animal.  This may simply involve the use of a harness, vest, or orange leash that typically identifies as [sic] a dog as a service animal.") 

FISCAL IMPACT:

The bill would have no apparent fiscal impact on state or local units of government.

                                                                                        Legislative Analyst:   Susan Stutzky

                                                                                                Fiscal Analyst:   William E. Hamilton

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.