Might have to mark it down on a calendar where I somewhat agree with Taffy Howard on something, as her bill regarding service dogs is up in the Senate today. But.. legislators should be aware of a big BUT on this bill. It’s never as easy as they think.:
Senate Bill 82 – Introduced by: Senator Howard
An Act to prohibit the misrepresentation of an animal as a service animal and to provide a penalty therefor.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added to chapter 22-35:
An individual may not, directly or indirectly through statements or conduct, intentionally misrepresent an animal in that individual’s possession as a service animal in any place of public accommodation to obtain any rights or privileges available to an individual who qualifies for a service animal under state or federal law, knowing that the individual is not entitled to those rights or privileges.
A violation of this section is a Class 2 misdemeanor.
For purposes of this section, “service animal” means a dog that is trained to do work or perform tasks for the benefit of an individual with a disability, as set forth in 28 C.F.R. § 36.104 (January 1, 2026), provided the work or tasks performed by the dog are directly related to the individual’s disability. The crime deterrent effects of a dog’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks.
Follow the legislation here.
It’s actually set to be on the consent calendar, so it might just sail through the Senate today. Aside from the fact that they want to create misrepresentation of a dog as a service animal as a criminal offense they can be arrested and fingerprinted for, and lock them up for 30 days. So much for easing over-crowding in jails.
I actually get this question about service dogs thrown at me at my day job every once in a while, so I’ve had to look it up and try to distill it down to answer questions. More to be the “source of the source” of information for an issue that drives business owners nuts. Why do people insist on bringing their dog everywhere?
There are many who have a legitimate purpose and reason to be there. Service Dogs have very strong rights at the federal level, and if you try to limit them (unless they are untrained, or are aggressive & act out), that could trigger lawsuits under the ADA – which may pound a business into the dirt – that you don’t really want to mess with. The hang up is with emotional support animals which can range from those legitimately prescribed by a medical professional, to someone who buys an orange harness on the Internet so they can take their dog everywhere.
Trying to figure out what they can legally do – or not do – when someone has their dog with them in otherwise pet-free locations can drive business-owners nuts. The lawsuits usually will come under federal law as referenced above regarding service dogs under the ADA. Here’s a great guide for those wondering about it. But here’s the but – It’s not just the ADA you have to worry about. For those who who have emotional support animals there are portions of federal law that have much broader implications and allowances beyond service dogs, such as the Fair Housing Act.
I’m going to cheat a little and use the Google AI Summary, because it gets to the point:
New federal rules clarify that Emotional Support Animals (ESAs) are protected under the Fair Housing Act (FHA) for housing, requiring landlords to provide reasonable accommodation (like waiving pet fees/restrictions) with a letter from a healthcare professional, but they have no special public access rights (unlike service animals) and no longer have automatic airline cabin access, with airlines now classifying them as pets. Key updates emphasize ESAs are for housing only, disallow breed/weight restrictions, and reject online registrations as proof, requiring a professional’s letter explaining the need for the animal to alleviate a disability.
Emotional support animals ARE covered under the Fair Housing Act. The rules reject on-line registrations, BUT there are plenty of on-line counselor mills who can and do provide a letter from a supposed mental health professional explaining why the animal is needed. And if you’re covered under the Federal Housing Act, this proposed law does nothing for you – and you risk getting stung by the proposed Taffy Law if that’s what you think you can rely on. (note: for those in other states, there may also be state laws. Check with a local atty. – pp)
My advice on this issue to people who inquire with me on this has always been to look at what the ADA and FHA guides have to say on it and for them to talk to their attorney for guidance on how to conduct themselves based on State & Federal Law.
So, should this law pass on the consent calendar today? Not saying no, but not saying yes. It seems like they’ve only had a portion of the discussion.