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ENGROSSED HOUSE
BILL NO. 3930 By: Stark of the House
and
Bullard of the Senate
An Act relating to service animals; amending 4 O.S.
2021, Section 801, as amended by Section 1, Chapter
320, O.S.L. 2025 (4 O.S. Supp. 2025, Section 801),
which relates to service animals; defining term;
requiring certain written notice be provided by
seller or provider of emotional support animal;
requiring person or business who provides
verification of a disability-related need for an
emotional support animal to provide certain written
notification; requiring provider of a certificate,
vest, or identification tag that identifies an animal
as an emotional support animal to provide certain
written notice; listing requirements for written
notices; providing fines; stating availability of
other civil remedies; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 4 O.S. 2021, Section 801, as
amended by Section 1, Chapter 320, O.S.L. 2025 (4 O.S. Supp. 2025,
Section 801), is amended to read as follows:
Section 801. A. For purposes of this section:
1. The terms "place of public accommodation", "public
accommodation" and "service animal" shall have the same meaning as
such terms are defined in 28 C.F.R., Section 36.104. "Service
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animal" does not include an emotional support animal or a therapy
animal;
2. "Emotional support animal" means an animal selected to
reside with an individual with a disability that does not work or
perform tasks for the benefit of an individual with a disability and
does not accompany at all times an individual with a disability; and
3. "Service animal" means a dog individually trained to do work
or perform specific tasks for a person with a disability; and
4. "Therapy animal" means a personal pet who is certified to
make therapeutic visits with a trained volunteer to places
including, but not limited to, nursing facilities, schools and
hospitals to bring therapeutic benefit, comfort and cheer to others.
B. A public accommodation may adopt a policy to prohibit
animals, except service animals, from entering the place of public
accommodation.
C. A public accommodation which adopts such a policy shall post
a sign in a conspicuous location outside the entrance of the place
of public accommodation stating which animals or types of animals
are prohibited. Such sign shall also state that service animals are
permitted.
D. If a public accommodation inquires into the qualification of
a service animal, the public accommodation shall comply with 28
C.F.R., Section 36.302(c)(6).
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E. Any person who is not an individual with a disability or is
not trained to assist individuals with disabilities, who uses a
service animal in an attempt to gain treatment or benefits as an
individual with a disability shall, upon conviction, be guilty of a
misdemeanor.
F. No person shall knowingly present any animal or therapy
animal as a service animal or intentionally misrepresent entitlement
to an animal in his or her possession as a qualified service animal
for the purpose of obtaining any of the rights or privileges set
forth in state or federal law for an individual with a disability.
Any person who violates this subsection shall, upon conviction, be
guilty of a misdemeanor.
G. Any person or business that sells or provides an animal for
use as an emotional support animal shall provide written notice to
the buyer or recipient of the animal that states the following:
1. The animal does not have the special training required to
qualify as a service animal;
2. The user of an emotional support animal is not entitled to
the rights and privileges accorded by law to a service animal; and
3. That knowingly misrepresenting any animal as a service
animal that does not meet the requirements of a service animal, as
defined in this section, is a violation of Oklahoma law.
H. A person or business who provides verification of the
disability-related need for an emotional support animal shall
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provide written notice to the buyer or recipient of the animal that
states the following:
1. The verification cannot be used to establish the emotional
support animal as a service animal;
2. The user of an emotional support animal is not entitled to
the rights and privileges accorded by law to a service animal; and
3. That knowingly misrepresenting any animal as a service
animal that does not meet the requirements of a service animal, as
defined in this section, is a violation of Oklahoma law.
I. A person or business that sells or provides a certificate,
vest, or identification tag that identifies an animal as an
emotional support animal shall provide written notice to the buyer
or recipient that states the following:
1. The item cannot be used to establish the emotional support
animal as a service animal;
2. The item does not entitle the user of an emotional support
animal to the same rights and privileges accorded by law to the user
of a service animal; and
3. That knowingly misrepresenting any animal as a service
animal that does not meet the requirements of a service animal, as
defined in this section, is a violation of Oklahoma law.
J. The written notices described in subsections G, H, and I of
this section shall be made in at least twelve-point bold type and
shall be provided on the receipt for the emotional support animal or
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the product described in subsection I of this section, or on a
separate piece of paper that is attached to the receipt.
K. Any individual who violates subsection G, H, or I of this
section shall be fined not less than One Hundred Dollars ($100.00)
and not more than Two Hundred Fifty Dollars ($250.00) for the first
violation and not less than Five Hundred Dollars ($500.00) for a
second violation and each violation thereafter.
L. Nothing in this act shall preclude any other civil remedies
available to a person, entity, or other organization arising from
misrepresentation by another person of a service animal.
SECTION 2. This act shall become effective November 1, 2026.
Passed the House of Representatives the 11th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of _________, 2026.
Presiding Officer of the Senate