HF4390

Purpose

• Establish rules for selling emotional support dogs and clarify penalties for misrepresenting service animals.
• Create new requirements to help consumers understand whether a dog is an emotional support dog or a service dog, and deter fraud or misrepresentation.

Key Provisions

• New definition and scope:
  • Defines "emotional support dog" as a dog that senses an event or helps alleviate symptoms of a disability.
  • Defines "service dog" as a dog specially trained to perform specific tasks for a person with a disability.
• Written notice requirement for emotional support dogs:
  • Anyone who sells or provides a dog for use as an emotional support dog must give written notice to the buyer/recipient.
  • The notice must state:
  • The dog does not have the special training required to qualify as a service dog.
  • The dog is not entitled to the rights and privileges provided by law to a service dog.
  • The notice must be in at least 12-point bold type and provided on the purchase receipt or on a separate piece of paper.
• Misrepresentation penalties:
  • A person who intentionally misrepresents that they are the owner or trainer of a qualified service dog violates existing state law (Minnesota Statutes section 609.833).
• Enforcement:
  • The Minnesota Attorney General may enforce these provisions.

Changes to Existing Law

• Adds new provisions to Chapter 325F (sale of emotional support dogs) detailing definitions, notice requirements, and enforcement.
• Amends Minnesota Statutes 2024, section 609.833, subdivision 3, to include penalties for misrepresentation related to service dogs:
  • A violation of the notice/misrepresentation provisions is a petty misdemeanor.
  • A second or subsequent violation is a gross misdemeanor.

Penalties and Enforcement

• Penalties:
  • First violation: petty misdemeanor.
  • Second or subsequent violation: gross misdemeanor.
• Enforcement:
  • The Minnesota Attorney General is authorized to enforce these provisions.

Significant Changes to Existing Law

• Creates a new regulatory framework specifically for emotional support dogs, requiring explicit written notice about lack of service-dog status.
• Tightens penalties for misrepresenting service dog status or ownership/training.
• Explicitly ties enforcement to the Attorney General and amends existing penalties for related misrepresentations.

Practical Impact

• Buyers of emotional support dogs will receive clear, clearly visible notice that the dog is not a service dog and does not have service dog rights.
• Sellers must use legible, bold text in a specified format and attach the notice to the sale receipt or provide it on separate paper.
• Misrepresentation of a dog as a service dog or as being owned/trained by a qualified service dog handler carries escalating penalties.

Relevant Terms emotional support dog, service dog, service animal, written notice, 12-point bold type, purchase receipt, notice, misrepresentation, owner, trainer, qualified service dog, petty misdemeanor, gross misdemeanor, Minnesota Attorney General, enforcement, Minnesota Statutes 2024, chapter 325F, section 609.833, subdivision 3.