Prohibit the misrepresentation of an animal as a service animal and to provide a penalty therefor.
Summary
SB 82 creates a new criminal offense for intentionally misrepresenting an animal as a service animal in a place of public accommodation in order to obtain rights or privileges reserved for people who legally qualify for service animals. The bill applies to direct or indirect misrepresentations made through statements or conduct, and it requires that the person know they are not entitled to those rights or privileges.
The bill defines “service animal” by reference to federal law and limits the term to a dog trained to perform work or tasks directly related to an individual’s disability. It expressly excludes animals whose only function is deterrence, emotional support, comfort, well-being, or companionship. A violation is classified as a Class 2 misdemeanor, making false service-animal claims subject to criminal penalty under South Dakota law.
Impact
SB 82 adds a new section to South Dakota’s criminal code in chapter 22-35 and gives law enforcement and prosecutors a specific misdemeanor offense to address service-animal fraud. It affects individuals who bring animals into public accommodations while falsely claiming service-animal status, and it reinforces the distinction between legally recognized service animals and emotional support or companion animals.
Sentiment
The bill appears to have had strong, unanimous support throughout the legislative process. All recorded committee and floor votes were unanimous, with no recorded opposition, suggesting broad agreement that misrepresenting pets as service animals is a problem worth addressing and penalizing.
Contention
There is little visible contention in the available record, as no committee transcripts are provided and every recorded vote was unanimous. The main policy distinction embedded in the bill is between true service animals and emotional support or comfort animals, but the voting history suggests that lawmakers did not publicly divide over that line or over the use of criminal penalties.