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ENGROSSED SENATE
BILL NO. 1223 By: Bullard of the Senate
and
Roberts (Dustin) of the
House
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; stating penalty; authorizing
certain signage; 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 select ed to
reside with an individual with a dis ability that does not work or
perform tasks for the benefit of an individual with a disability and
does not accompany at all times an indivi dual with a disability; and
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3. “Therapy animal” means a personal pet who is certified to
make therapeutic visits wi th a trained volunteer to places
including, but not limited to, nursing facilities, schools and
hospitals to bring therapeutic benefit, comf ort 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 which adopts such a policy shall post
a sign in a conspicuous lo cation outside the entr ance of the place
of public accommodation stating w hich animals or types of animals
are prohibited. Such sign shall also state that service animals are
permitted and may also include a statement pursuant to subparagraph
a of paragraph 2 of subsection E of t his section.
D. If a public accommodation inquires into the qualification of
a service animal, the public accommodation shall comply with 28
C.F.R., Section 36.302(c)(6).
E. 1. 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 punishable by a fine not more than Five Hundred Dollars
($500.00).
2. A public accommodation may post a sign inside or outside of
the place of public accommodation stating:
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a. it is a crime under state law to misrepresent an
animal as a service animal, and
b. the penalty provided by paragraph 1 of this
subsection.
SECTION 2. This act shall become effective November 1, 2022.
Passed the Senate the 28th day of February, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives