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2 | 2 | | HOUSE DOCKET, NO. 605 FILED ON: 1/10/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1686 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Kimberly N. Ferguson and Meghan K. Kilcoyne |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to a commission to study the intentional misrepresentation of a service animal. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Kimberly N. Ferguson1st Worcester1/10/2025Sean Garballey23rd Middlesex2/4/2025Natalie M. Higgins4th Worcester1/24/2025Bradley H. Jones, Jr.20th Middlesex1/21/2025Hannah Kane11th Worcester1/16/2025Meghan K. Kilcoyne12th Worcester1/13/2025Alyson M. Sullivan-Almeida7th Plymouth2/5/2025Steven George Xiarhos5th Barnstable1/25/2025 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 605 FILED ON: 1/10/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1686 |
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18 | 18 | | By Representatives Ferguson of Holden and Kilcoyne of Clinton, a petition (accompanied by |
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19 | 19 | | bill, House, No. 1686) of Kimberly N. Ferguson, Sean Garballey and others for an investigation |
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20 | 20 | | by a special commission (including members of the General Court) relative to the intentional |
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21 | 21 | | misrepresentation of a service animal. The Judiciary. |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act relative to a commission to study the intentional misrepresentation of a service animal. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. (a) There shall be a special legislative commission established pursuant to |
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31 | 31 | | 2section 2A of chapter 4 of the General Laws to study and report on the use of service animals in |
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32 | 32 | | 3the commonwealth. The commission shall consist of 17 members: 2 of whom shall be the chairs |
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33 | 33 | | 4of the joint committee on the judiciary or their designees, who shall serve as co-chairs; 1 of |
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34 | 34 | | 5whom shall be appointed by the speaker of the house of representatives; 1 of whom shall be |
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35 | 35 | | 6appointed by the senate president; 1 of whom shall be appointed by the house minority leader; 1 |
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36 | 36 | | 7of whom shall be appointed by the senate minority leader; 1 of whom shall be the governor or |
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37 | 37 | | 8their designee; 1 of whom shall be the attorney general or their designee; 1 of whom shall be the |
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38 | 38 | | 9director of the Massachusetts office on disability or their designee; 1 of whom shall be the |
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39 | 39 | | 10executive director of the Massachusetts commission against discrimination or their designee; 1 of |
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40 | 40 | | 11whom shall be the executive director of the municipal police training committee established |
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41 | 41 | | 12pursuant to section 116 of chapter 6 of the General Laws or their designee; 1 of whom shall be 2 of 3 |
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42 | 42 | | 13the executive director of the mental health legal advisors committee established pursuant to |
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43 | 43 | | 14section 34E of chapter 221 of the General Laws or their designee; 1 of whom shall be the |
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44 | 44 | | 15president and chief executive officer of the Massachusetts Restaurant Association, Inc. or their |
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45 | 45 | | 16designee; and 4 members who shall be appointed by the governor, 1 of whom shall be a |
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46 | 46 | | 17professional service dog organization headquartered in the commonwealth accredited by |
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47 | 47 | | 18Assistance Dogs International, specializing in public advocacy and education and the training of |
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48 | 48 | | 19service dogs that has been in existence for not less than 46 years and has placed not less than 900 |
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49 | 49 | | 20service dogs in the commonwealth, 1 of whom shall be a representative from Tanglewood in the |
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50 | 50 | | 21town of Lenox, 1 of whom shall be a member of an association advocating for the interests of |
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51 | 51 | | 22retailers in the commonwealth and 1 of whom shall be a person with a disability who resides in |
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52 | 52 | | 23the commonwealth who is an employee of a service dog training team in which the service dog |
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53 | 53 | | 24has received its training from an Assistance Dogs International accredited service dog |
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54 | 54 | | 25organization. |
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55 | 55 | | 26 (b) The study shall include, but shall not be limited to: (i) reviewing current federal, state |
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56 | 56 | | 27and local laws and procedures governing the use of service animals; (ii) examining the use and |
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57 | 57 | | 28benefit of service animals by individuals with disabilities; (iii) investigating the presence, |
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58 | 58 | | 29prevalence and impact of fraud, misrepresentation and other misuse of service animals; (iv) |
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59 | 59 | | 30researching laws and practices in other jurisdictions with the objective to deter the misuse of |
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60 | 60 | | 31service animals; and (v) identifying training and educational opportunities aimed at increasing |
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61 | 61 | | 32understanding of laws governing the use of service animals among public officials, law |
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62 | 62 | | 33enforcement, business owners and members of the public. The commission shall report on: (A) |
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63 | 63 | | 34recommending changes to laws governing the use of service animals, if any, including the |
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64 | 64 | | 35definition of “service animal” and whether to introduce legislation prohibiting and civilly 3 of 3 |
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65 | 65 | | 36penalizing service animal fraud; and (B) determining the feasibility of certifying, registering or |
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66 | 66 | | 37licensing service animals. |
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67 | 67 | | 38 (c) The commission shall file its report not later than April 1, 2026 with the clerks of the |
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68 | 68 | | 39house of representatives and the senate, the chairs of the house and senate committees on ways |
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69 | 69 | | 40and means and the chairs of the joint committee on the judiciary. |
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