Bill Text For HB1309 - Engrossed Amendments

 1|ENGROSSED SENATE AMENDMENT                                             |
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  |BILL NO. 1309                        By: Stark of the House            |
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  |                                         Stanley of the Senate         |
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 7|       [ disabled persons - prohibiting intentional                    |
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 8|         misrepresentation of qualified service animals -              |
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 9|         effective date ]                                              |
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12|AMENDMENT NO. 1.  Page 1, strike the title, enacting clause and        |
  |                  entire bill and insert                               |
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  |       "An Act relating to animals; defining terms; allowing           |
14|       a public accommodation to adopt certain policy;                 |
  |       requiring certain signage; requiring certain                    |
15|       conformance with federal law; providing for                     |
  |       codification; and providing an effective date.                  |
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18|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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19|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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20|in the Oklahoma Statutes as Section 801 of Title 4, unless there is    |
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21|created a duplication in numbering, reads as follows:                  |
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22|    A.  For purposes of this section:                                  |
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23|    1.  The terms "place of public accommodation", "public             |
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24|accommodation" and "service animal" shall have the same meaning as     |
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arsid5589121 ENGR. S. A. TO ENGR. H. B. NO. 1309                   Page 1
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 1|such terms are defined in 28 C.F.R., Section 36.104.  "Service         |
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 2|animal" does not include an emotional support animal or a therapy      |
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 3|animal;                                                                |
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 4|    2.  "Emotional support animal" means an animal selected to         |
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 5|reside with an individual with a disability that does not work or      |
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 6|perform tasks for the benefit of an individual with a disability and   |
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 7|does not accompany at all times an individual with a disability; and   |
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 8|    3.  "Therapy animal" means a personal pet who is certified to      |
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 9|make therapeutic visits with a trained volunteer to places             |
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10|including, but not limited to, nursing facilities, schools and         |
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11|hospitals to bring therapeutic benefit, comfort and cheer to others.   |
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12|    B.  A public accommodation may adopt a policy to prohibit          |
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13|animals, except service animals, from entering the place of public     |
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14|accommodation.                                                         |
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15|    C.  A public accommodation which adopts such a policy shall post   |
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16|a sign in a conspicuous location outside the entrance of the place     |
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17|of public accommodation stating which animals or types of animals      |
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18|are prohibited.  Such sign shall also state that service animals are   |
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19|permitted.                                                             |
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20|    D.  If a public accommodation inquires into the qualification of   |
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21|a service animal, the public accommodation shall comply with 28        |
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22|C.F.R., Section 36.302(c)(6).                                          |
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23|    SECTION 2.  This act shall become effective November 1, 2019."     |
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arsid5589121 ENGR. S. A. TO ENGR. H. B. NO. 1309                   Page 2
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 1|    Passed the Senate the 16th day of April, 2019.                     |
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  |                                    Presiding Officer of the Senate    |
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 5|    Passed the House of Representatives the ____ day of __________,    |
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 6|2019.                                                                  |
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  |                                     Presiding Officer of the House    |
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arsid5589121 ENGR. S. A. TO ENGR. H. B. NO. 1309                   Page 3
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