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SB 2222

A BILL for an Act to create and enact two new sections to chapter 25-13 of the North Dakota Century Code, relating to the certification and sale of assistance animals; to amend and reenact sections 25-13-01.1 and 47-16-07.5 of the North Dakota Century Code, relating to definitions associated with assistance animals and disability documentation for a service or assistance animal in a rental dwelling; and to provide a penalty.

69th Legislative Assembly (2025-26) Introduced by Mike Lefor and 5 co-sponsors

SB 2222 tightens rules for assistance animal documentation, requiring licensed providers, formal evaluations, and clear disclosures for sellers and landlords.

Second reading, failed to pass, yeas 1 nays 44
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Bill Summary · SB 2222

Summary — SB 2222 (North Dakota)

A bill to create two new sections in chapter 25‑13 of the North Dakota Century Code, amend definitions and landlord/tenant rules related to assistance animals, and impose penalties for improper certification or sale of assistance‑animal documentation.

Purpose

SB 2222 seeks to curb fraudulent or insufficiently documented certifications for “assistance animals” (distinct from federally‑defined service animals), regulate sale/representation of such animals and documentation, and clarify what documentation landlords may require when tenants request an accommodation for an assistance or service animal.

Key provisions

Definitions (amendment to 25‑13‑01.1)

  • “Assistance animal” is defined as an animal (other than a service animal) that works, performs tasks, or provides therapeutic emotional support for an individual with a disability.
  • “Service animal” is defined as a dog trained to perform tasks for a person with a disability.
  • “Therapeutic relationship” requires a health‑care provider to render services in good faith with actual knowledge of the disability and need; it excludes mere issuance of certificates/letters without assessment.

Health‑care provider documentation (new section)

  • A health‑care provider may not issue documentation of need for an assistance animal unless all of the following are met:
    • Provider is actively licensed in North Dakota and qualified/licensed to evaluate and diagnose disabilities.
    • Provider has performed a disability assessment and engaged with the individual in at least two sessions (in‑person or remote) before issuing documentation.
    • Provider performed a clinical evaluation no less than 30 days before issuing the documentation.
  • Required contents of documentation: effective and expiration dates; provider signature; provider license number and license type; evidence establishing a therapeutic relationship at least 30 days before issuance.
  • Documents expire after one year and must be renewed.
  • Prohibits providers from representing non‑disabled persons as disabled or asserting a need for an assistance animal when none exists.

Sale/representation of assistance animals (new section)

  • Sellers or providers of animals or certificates must give written notice (bold, ≥12‑point type) to buyers/recipients that:
    • The animal does not have the special training required to be a service animal; and
    • The animal is not entitled to the legal rights/privileges of service animals.

Landlord/tenant documentation (amendment to 47‑16‑07.5)

  • Landlords may request “reliable supporting documentation” from tenants in no‑pets dwellings asserting a disability accommodation need for a service or assistance animal.
  • Such documentation must confirm the disability and the nexus between the disability and the requested accommodation.
  • For assistance animals, tenant documentation must comply with the health‑care provider documentation rules above.
  • No documentation required if disability/need is readily apparent or already known.

Penalties

  • Violations (provider or individual misrepresentations; improper sales/representations): first offense — infraction; second or subsequent offenses — class B misdemeanor.

Federal law

  • The bill expressly states it does not modify or restrict rights under the federal Fair Housing Act or the Americans with Disabilities Act.

Who would be affected

  • Health‑care providers who evaluate and document needs for assistance animals (licensure and procedure requirements).
  • Individuals seeking assistance‑animal documentation (required sessions, clinical evaluation, annual renewal).
  • Sellers/providers of animals or certificates (disclosure obligations).
  • Landlords and tenants in housing with no‑pet policies (documentation standards and limitations).
  • Enforcement authorities handling infractions and misdemeanor prosecutions.

Procedural / status note

  • Introduced March 11, 2025. According to provided status, the measure failed to pass on second reading (yeas 1, nays 44). The bill would amend ND Century Code chapters noted (25‑13 and 47‑16) and create two new statutory sections if enacted.

Potential impacts / considerations

  • Intends to reduce “certificate‑mill” practices and misrepresentation of animals as service animals, increasing documentation rigor.
  • Could impose additional burdens (time, cost) on disabled persons seeking legitimate assistance‑animal documentation (e.g., two sessions, 30‑day evaluation, annual renewal).
  • Interaction with federal protections remains intact per the bill text; implementation and enforcement may raise questions about privacy, access to care, and housing accommodations.

Compiled from official sources — confirm details with the bill’s official record.

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