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2016 SESSION

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16103578D
SENATE BILL NO. 363 Senate Amendments in [ ] -- January 26, 2016 A BILL to amend the Code of Virginia by adding a section numbered 51.5-44.1, relating to the rights of persons with disabilities in public places and places of public accommodation; fraudulent representation of a service dog; penalty. ---------- Patrons Prior to Engrossment--Senator Reeves; Delegate: Cole ---------- Referred to Committee on Education and Health ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 51.5-44.1 as follows:

§ 51.5-44.1. Fraudulent representation of a service dog; penalty.

Any person who knowingly, willfully, and fraudulently fits a dog with a harness, collar, vest, or sign, or uses an identification card commonly used by a person with a disability, in order to represent that the dog is a service dog to fraudulently gain public access for such dog pursuant to provisions in § 51.5-44 is guilty of a Class 4 misdemeanor. [ When it is not obvious what service a dog provides, an entity may only ask (1) whether the dog is a service dog whose presence is necessary due to a disability and (2) what tasks the dog is trained to perform. An entity may not require documentation of certification, training, or licensing of a service dog or documentation of the person’s disability.  ]