§ 49-4-214 — Right To Be Accompanied By Service Animal -- Identification For Service Animals In Training

Montana § 49-4-214

• Jurisdiction: Montana
• Title 49: HUMAN RIGHTS
• Ch. 4: RIGHTS OF PERSONS WITH DISABILITIES
• Part 2: Rights of the Physically Disabled

Text

49-4-214 . Right to be accompanied by service animal -- identification for service animals in training. (1) A person with a disability has the right to be accompanied by a service animal or a service animal in training with identification complying with subsection (4) in any of the places mentioned in 49-4-211 (2) without being charged extra for the service animal. The person with a disability is liable for any damage done to the property by the service animal.
(2) A person with a disability who has a service animal or who obtains a service animal is entitled to full and equal access to all housing accommodations as provided in 49-2-305 and 49-4-212 . The person with a disability may not be required to pay extra compensation for the service animal but is liable for any damage done to the premises by the service animal.
(3) A person who is training a service animal is entitled to the same rights and assumes the same responsibilities granted to a person with a disability in this section.
(4) For the purposes of this section, a service animal in training shall wear a leash, collar, cape, harness, or backpack that identifies in writing that the animal is a service animal in training. The written identification for service animals in training must be visible and legible from a distance of at least 20 feet.
(5) If a person has a service animal that provides assistance and the person wishes to access the places and accommodations mentioned in 49-4-211 accompanied by the animal in its capacity as a service animal:
(a) the service animal must be under the handler's control as required under 28 CFR 35.136 that is in effect as of October 1, 2019; and
(b) the person may be asked by a representative of the place or accommodation:
(i) whether the animal is a service animal that is required because of a disability; and
(ii) to describe the work or task the service animal is trained to perform.
(6) (a) If the service animal described in subsection (5) is not under the handler's control and the handler has not taken effective action to control the service animal or the service animal is not housebroken, the handler may be asked to remove the service animal from the place or accommodation.
(b) A place or accommodation that asks that a service animal be removed from the place or accommodation as provided in subsection (6)(a) shall give the service animal's handler the opportunity to participate in the service, program, or activity without having the service animal on the premises.
(7) If a place or accommodation mentioned in 49-4-211 posts a notice that dogs or other animals are prohibited on the premises, the place or accommodation must also indicate that a person may be accompanied by a service animal subject to the provisions of this chapter.

Legislative History

En. Sec. 4, Ch. 181, L. 1971; amd. Sec. 2, Ch. 266, L. 1975; R.C.M. 1947, 71-1306; amd. Sec. 23, Ch. 177, L. 1979; amd. Sec. 4, Ch. 176, L. 1981; amd. Sec. 2, Ch. 394, L. 1997; amd. Sec. 2, Ch. 361, L. 2019; amd. Sec. 7, Ch. 568, L. 2025.