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SF4928

Person who sells emotional support dogs to provide notice that the dog is not a service dog requirement
Legislative Session 94 (2025-2026)

Related bill: HF4390

AI Generated Summary

Purpose

  • Establish rules for selling emotional support dogs (ESDs) to ensure buyers are clearly informed that these dogs are not service dogs and do not have the rights and privileges of service dogs. Strengthen penalties for misrepresenting someone as the owner or trainer of a qualified service dog. The measure also adds enforcement and standardizes penalties under existing Minnesota law.

Main Provisions

  • New law creation: 325F.793 SALE OF EMOTIONAL SUPPORT DOGS.
    • Subdivision 1 — Definitions:
    • Emotional support dog: a dog that senses an event or helps alleviate symptoms of a disability.
    • Service dog: a dog specially trained to perform specific tasks for a person with a disability.
    • Subdivision 2 — Written notice requirement:
    • For any person who sells or provides a dog for use as an emotional support dog, a written notice must be given to the buyer/recipient stating: 1) the dog does not have the special training required to qualify as a service dog, 2) the dog is not entitled to the rights and privileges provided by law to a service dog, and 3) a person who intentionally misrepresents that they are the owner or trainer of a qualified service dog violates section 609.833.
    • The notice must be in at least 12-point bold type and provided on the purchase receipt or on a separate piece of paper.
    • Subdivision 3 — Enforcement:
    • The attorney general may enforce this section under Minnesota Statutes section 8.31.
  • Section 2 — Penalties under 609.833:
    • Subdivision 3 (amended):
    • A person who violates Subdivision 2 is guilty of a petty misdemeanor.
    • A person who violates Subdivision 2 a second or subsequent time is guilty of a gross misdemeanor.

Significant Changes to Existing Law

  • Adds a formal, public-facing notice requirement for sellers of emotional support dogs, clarifying that ESDS are not service dogs and do not receive service-dog rights.
  • Elevates consequences for misrepresenting service dog status or ownership/training, tying the civil penalties to current criminal penalties in 609.833.
  • Creates a pathway for enforcement of these requirements by the attorney general.

Enforcement and Penalties (Key Details)

  • Enforcement: Attorney General may enforce the new section.
  • Penalties:
    • First violation: petty misdemeanor.
    • Second or subsequent violation: gross misdemeanor.
  • Ties to existing statute: Amends Minnesota Statutes 2024 section 609.833, subdivision 3, to implement the updated penalties.

Practical Effect

  • Consumers buying emotional support dogs must receive a clearly written notice that the dog is not a service dog and has no service-dog rights.
  • Misrepresenting service dog status or ownership/training becomes a stricter criminal matter, with escalating penalties.

Relevant Terms - emotional support dog - service dog - written notice - purchase receipt - misrepresentation - owner or trainer of a qualified service dog - petty misdemeanor - gross misdemeanor - attorney general - enforcement under section 8.31 - Minnesota Statutes 2024 section 609.833 subdivision 3 - Minnesota Statutes chapter 325F - 12-point bold type - rights and privileges provided by law to a service dog - misrepresents that the person is the owner or trainer of a qualified service dog - sale of emotional support dogs

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 26, 2026SenateActionIntroduction and first reading
March 26, 2026SenateActionReferred toCommerce and Consumer Protection
April 07, 2026SenateActionAuthor added
April 09, 2026SenateActionAuthor added

Citations

 
[
  {
    "analysis": {
      "added": [
        "Explicitly links the penalty under section 609.833 to violations of subdivision 2 and clarifies misrepresentation of service dog status as an offense."
      ],
      "removed": [],
      "summary": "This bill amends Minnesota Statutes section 609.833, subdivision 3, to modify penalties for misrepresentation of service animals. It ties penalties to violations of subdivision 2 and establishes petty misdemeanor for first offense and gross misdemeanor for subsequent offenses.",
      "modified": [
        "Penalties updated to petty misdemeanor for a first violation and gross misdemeanor for a second or subsequent violation; reinforces enforcement related to misrepresentation of service animals."
      ]
    },
    "citation": "609.833",
    "subdivision": "subd. 3"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This bill provides enforcement authority for the new provisions by the attorney general under Minnesota Statutes section 8.31.",
      "modified": []
    },
    "citation": "8.31",
    "subdivision": ""
  }
]

Progress through the legislative process

17%
In Committee

Sponsors

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