Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1480 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 1504       FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1480
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Kimberly N. Ferguson
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to a commission to study the intentional misrepresentation of a service animal.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kimberly N. Ferguson1st Worcester1/6/2023Donald H. Wong9th Essex1/26/2023Sean Garballey23rd Middlesex1/26/2023Angelo L. D'Emilia8th Plymouth1/27/2023Bradley H. Jones, Jr.20th Middlesex1/27/2023Hannah Kane11th Worcester1/27/2023Meghan Kilcoyne12th Worcester1/27/2023Jessica Ann Giannino16th Suffolk1/27/2023Susannah M. Whipps2nd Franklin1/27/2023Joseph D. McKenna18th Worcester1/27/2023David F. DeCoste5th Plymouth1/27/2023Lenny Mirra2nd Essex1/30/2023Carol A. Doherty3rd Bristol1/30/2023Josh S. Cutler6th Plymouth1/30/2023F. Jay Barrows1st Bristol1/30/2023Michael J. Soter8th Worcester1/30/2023Christopher Hendricks11th Bristol1/30/2023Alan Silvia7th Bristol1/30/2023 2 of 2
Susan Williams Gifford2nd Plymouth1/30/2023Kelly W. Pease4th Hampden1/31/2023David Paul Linsky5th Middlesex1/31/2023Paul K. Frost7th Worcester1/31/2023Edward R. Philips8th Norfolk1/31/2023Anne M. GobiWorcester and Hampshire1/31/2023Steven Owens29th Middlesex1/31/2023Steven George Xiarhos5th Barnstable2/1/2023Thomas P. Walsh12th Essex2/1/2023Todd M. Smola1st Hampden2/2/2023David K. Muradian, Jr.9th Worcester2/6/2023Jack Patrick Lewis7th Middlesex2/7/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/8/2023Thomas M. Stanley9th Middlesex2/9/2023Colleen M. Garry36th Middlesex2/9/2023William C. Galvin6th Norfolk2/13/2023Paul McMurtry11th Norfolk2/15/2023James Arciero2nd Middlesex2/17/2023Natalie M. Higgins4th Worcester2/23/2023Christopher Richard Flanagan1st Barnstable2/23/2023 1 of 3
HOUSE DOCKET, NO. 1504       FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1480
By Representative Ferguson of Holden, a petition (accompanied by bill, House, No. 1480) of 
Kimberly N. Ferguson and others for an investigation by a special commission (including 
members of the General Court) relative to the intentional misrepresentation of a service animal.  
The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1563 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to a commission to study the intentional misrepresentation of a service animal.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. (a) There shall be a special commission established pursuant to section 2A 
2of chapter 4 of the General Laws to study the use of service animals in the Commonwealth. The 
3commission shall consist of 15 members: 2 of whom shall be the house and senate chairs of the 
4joint committee on the judiciary or their designees, who shall serve as co-chairs; 1 of whom shall 
5be a member of the house of representative to be appointed by the speaker of the house; 1 of 
6whom shall be a member of the house of representatives to be appointed by the house minority 
7leader; 1 of whom shall be a member of the senate to 	be appointed by the senate president; 1 of 
8whom shall be a member of the senate to be appointed by the senate minority leader; 1 of whom 
9shall be the attorney general or the attorney general’s designee; 1 of whom shall be the executive 
10director of the Massachusetts Office of Disability or the executive director’s designee; 1 of  2 of 3
11whom shall be the chair of the Massachusetts Commission Against Discrimination or the chair’s 
12designee; 1 of whom shall be appointed by the President of the Massachusetts Chiefs of Police 
13Association; 1 of whom shall be appointed by the Commissioner of the Municipal Police 
14Training Committee; 1 of whom shall be appointed by the executive director of the Mental 
15Health Legal Advisors Committee; and 3 members who shall be appointed by the governor, 1 of 
16whom shall be a representative of a professional organization specializing in the advocacy, 
17education, and/or training of service animals, 1 of whom shall be a representative of a 
18professional organization specializing in the advocacy, education, and/or training of other 
19animals, including emotional support, companion, or comfort animals, and 1 of whom shall be a 
20member of an association advocating for the interests of restaurant owners and/or retailers in the 
21Commonwealth.
22 (b) The study shall include, but not be limited to: (i) reviewing current federal, 
23state, and local laws and procedures governing the use of service animals in the Commonwealth; 
24(ii) examining the use and benefit of service animals by individuals with disabilities in the 
25Commonwealth; (iii) investigating the presence, prevalence, and impact of fraud, 
26misrepresentation, and other misuse of service animals in the Commonwealth; (iv) researching 
27laws and practices in other 	jurisdictions with the objective to deter the misuse of service animals; 
28(v) identifying training and educational opportunities aimed at increasing understanding of laws 
29governing the use of service animals amongst public officials, law enforcement, business 
30owners, and members of the public in the Commonwealth; (vi) recommending changes to 
31Massachusetts law governing service animals if any, including the definition of “service animal” 
32and whether to introduce legislation prohibiting and civilly penalizing service animal fraud; and  3 of 3
33(vii) determining feasibility of certification, registration, or licensing of service animals in the 
34Commonwealth. 
35 (c) The commission shall file findings of its study by December 31, 2024, with the clerks 
36of the house and the senate, who shall forward a copy of the report to the chairs of the house and 
37senate committees on ways and means and the house and senate chairs of the joint committee on 
38the judiciary.