2023 Montana Legislature

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(Primary Sponsor)_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

 

A BILL FOR AN ACT ENTITLED: "AN ACT creating the offense of MISREPRESENTATION of an emotional support animal; providing definitions; and providing a penalty."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

NEW SECTION. Section 1.Misrepresentation of an emotional support animal. (1) A person commits the offense of misrepresentation of an emotional support animal if the person is a tenant and misrepresents that a pet is an emotional support animal to evade the terms of a rental agreement.

(2)        A person convicted of the offense of misrepresentation of a service animal shall be fined $750.

(3)        As used in this section, the following definitions apply:

(a)        "Emotional support animal" means a pet prescribed by a mental health professional, as defined in 37-38-102, who is capable of issuing prescriptions.

(b)        "Rental agreement" has the meaning provided in 70-24-103.

(c)        "Tenant" has the meaning provided in 70-24-103.

(4)        This section does not impact the rights of persons with service animals as provided in Title 49, chapter 4, part 2.

 

NEW SECTION. Section 2.Codification instruction. [Section 1] is intended to be codified as an integral part of Title 45, chapter 6, and the provisions of Title 45, chapter 6, apply to [section 1].

 


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