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SENATE FLOOR VERSION
February 9, 2022
SENATE BILL NO. 1223 By: Bullard
An Act relating to service animals; amending 4 O.S.
2021, Section 801, which relates to public
accommodations; creating misdemeanor for improper use
of service animal; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 4 O.S. 2021, Section 801, is
amended to read as follows:
Section 801. A. For purposes of this section:
1. The terms “place of public accommodation ”, “public
accommodation” and “service animal” shall have the same meaning as
such terms are defined in 28 C.F.R., Section 36.104. “Service
animal” does not include an emotional support animal or a therapy
animal;
2. “Emotional support animal” means an animal selected to
reside with an individual with a disability that does not work or
perform tasks for the benefit of an individual wi th a disability and
does not accompany at all times an individual with a disability; and
3. “Therapy animal” means a personal pet who is certified to
make therapeutic visits with a trained volunteer to places
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including, but not limited to, nursing facilit ies, schools and
hospitals to bring therapeutic benefit, comfort and cheer to others .
B. A public accommodation may adopt a policy to prohibit
animals, except service animals, from entering the place of public
accommodation.
C. A public accommodation whi ch adopts such a policy shall post
a sign in a conspicuous location outside the entr ance of the place
of public accommodation stating which animals or types of animals
are prohibited. Such sign shall also state that service animals are
permitted.
D. If a public accommodation inquires into the qualification of
a service animal, the publi c accommodation shall comply with 28
C.F.R., Section 36.302(c)(6).
E. Any person who is not an individual with a disability or is
not trained to assist individuals with di sabilities, who uses a
service animal in an attempt to gain treatment or benefits as an
individual with a disability shall, upon conviction, be guilty of a
misdemeanor.
SECTION 2. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
February 9, 2022 - DO PASS