Legal Access Rights
The principles outlined will also be
useful for any country or state looking
to develop an assistance dog law.

LLS NO. 98-0000.01 BILL 98-
A BILL, FOR AN ACT CONCERNING
THE RIGHTS OF PERSONS WITH
ASSISTANCE DOGS.
Legislative declaration.
The general assembly hereby declares that it is the policy
of the state to encourage and enable the blind, the visually
impaired, the deaf, the partially deaf, and the otherwise
disabled to participate fully in the social and economic life
of the state and engage in remunerative employment.
The goals of the state regarding individuals with disabilities
are to assure equality of opportunity, full participation,
independent living, and economic self sufficiency for such
individuals. The use of Assistance dogs by these
individuals helps facilitate the accomplishment of these
goals and should be permitted and encouraged by the
State.
Definitions.
As used in this part, unless the context otherwise requires:
"Assistance Dog" means a dog that has been or is being
trained as a Guide Dog, Hearing Dog, or Service Dog.
Such terms are further defined as follows:
"Guide Dog" means a dog that has been or is being
specially trained to aid a particular blind or visually
impaired person.
"Hearing Dog" means a dog that has been or is being
specially trained to aid a particular deaf or hard of hearing
person.
"Service Dog" means a dog that has been or is being
specially trained to aid a person with a disability other than
sight or hearing.
"Places of Public Accommodation" means:
Inns, hotels, motels, or other places of lodging,
except for establishments located within buildings
that contain five or fewer rooms for rent or hire, and
that are actually occupied by the proprietor as the
proprietor's residence;
A restaurant, bar, cafeteria, lunchroom, lunch
counter, soda fountain, casino, or other
establishments serving food or drink, including any
such facility located on the premises of any retail
establishment; a gasoline station, or garage;
A motion picture house, theater, billiard or pool hall,
skating rink, swimming pool, concert hall, sports
arena, stadium, amusement and recreation park,
fair, or other place of exhibition or entertainment;
An auditorium, convention center, lecture hall, or
other place of public gathering;
A bakery, grocery store, clothing store, hardware
store, shopping center, or other sales or rental
establishment;
A laundromat, dry cleaner, bank, barber shop,
beauty shop, travel service, shoe repair service,
funeral parlor, office of an accountant or lawyer,
pharmacy, insurance office, professional office of a
health care provider, clinic, dispensary, hospital, or
other service establishment;
A terminal, depot, or other station used for
specified public transportation,
A museum, library, gallery, or other place of public
display or collection;
A park, zoo, amusement park, or other place of
recreation;
A nursery school or elementary, secondary,
undergraduate, or postgraduate private school or
other place of education;
A day care center, senior citizen center, homeless
shelter, food bank, adoption agency, or other social
service center establishment;
A gymnasium, health spa, bowling alley, golf
course, or other place of exercise or recreation;
Any other establishment or place to which the
public is invited.
Any establishment physically containing or
contained within any of the establishments
described in paragraphs
i—xiv inclusive which holds itself out as serving
patrons of the described establishment.
"Housing accommodations" means any real property or
portions thereof that is used or occupied, or intended,
arranged, or designed to be used or occupied, as the
home, residence, or sleeping place of one or more human
beings, but does not include any single-family residence,
the occupants of which rent, lease, or furnish for
compensation to more than one room therein.
"Employer" means the State or any political subdivision,
commission, department, institution or school district
thereof and every other person employing persons within
the State; but it does not mean religious organizations or
associations, except such organizations or associations
supported in whole or in part by money raised by taxation
or public borrowing.
An
"Individual with a Disability" is the same as defined
in the Americans with Disabilities Act 1991, including but
not limited to, the blind, visually impaired, deaf, hard of
hearing, or otherwise disabled.
Right to use of public facilities and services.
An "Individual with a Disability" the blind, visually impaired,
deaf, hard of hearing, or otherwise disabled has the right
to be accompanied in or on public streets, highways,
walkways, public buildings, public facilities and services,
and other public places with an assistance dog specially
trained for that person without being required to pay an
extra charge for the assistance dog.
A person, whether or not he is blind, visually impaired,
deaf, hard of hearing or otherwise disabled, has the right
to be accompanied in or on public streets, highways,
walkways, public buildings, public facilities and services,
and other public places with an assistance dog being
trained by that person without being required to pay an
extra charge for the assistance dog.
Right to full and equal access to places of public
accommodations.
"Individuals with a Disability" including but not limited to,
the blind, visually impaired, deaf, hard of hearing, or
otherwise disabled have the right to be accompanied by an
assistance dog trained for that person in any place of
public accommodation without being required to pay an
extra charge for the assistance dog.
A person, whether or not he is blind, visually impaired,
deaf, hard of hearing or otherwise disabled, has the right
to be accompanied in any place of public accommodation
by an assistance dog being trained by that person without
being required to pay an extra charge for the assistance
dog.
Right to Full and Equal access to transportation.
It is unlawful for a common carrier of passengers or other
means of public conveyance or transportation operating in
this state, including but not limited to motor vehicles, taxis,
airplanes, railroad trains, motor buses, streetcars, boats,
buses, or other modes of transportation, to refuse service
to an "Individual with a disability", because said person is
accompanied by an assistance dog; or charge an
additional fee for such assistance dog.
A person, whether or not he is blind, visually impaired,
deaf, hard of hearing or otherwise disabled, has the right
to be accompanied in any common carrier or other means
of public conveyance or transportation operating in this
state, including but not limited to motor vehicles, taxis,
airplanes, railroad trains, motor buses, streetcars, boats,
buses, or other modes of transportation, by an assistance
dog being trained by that person without being required to
pay an extra charge for the assistance dog.
An "Individual with a disability" accompanied by an
assistance dog are subject to the same conditions and
limitations that apply to persons who are not so disabled
and accompanied.
Right to Full and Equal Housing
Accommodations.
A Landlord may not refuse to rent, lease or
sublet any housing accommodation solely
because an assistance dogs will be residing with
the prospective tenant of the housing
accommodation.
Places providing Housing accommodations shall
make reasonable modifications in policies,
practices and procedures including but not
limited to allowing an "Individual with a disability"
to be accompanied by an Assistance Dog,
especially trained or being trained by that person
without being required to pay an extra charge for
the Assistance dog.
A landlord may require proof that a dog is an
assistance dog. A landlord shall accept as
evidence that a dog is an assistance dog,
identification cards, other written documentation,
presence of harness or markings on harnesses,
tags, or the credible verbal assurances of the
disabled individual using the dog.
Nothing herein shall be construed as requiring an
owner of any housing accommodation to make
any physical modifications to any property for the
purpose of accommodating an assistance dog.
Right to full and equal access to places of
employment.
It is an unlawful employment practice for any
employer, labor organization or joint
labor-management committee to discriminate
against persons with a disability by interfering,
directly or indirectly, with the use of an aid or
appliance, including an assistance dog by such a
person.
It is an unlawful employment practice of an
employer, directly or indirectly, to refuse to permit
an employee with a disability to keep his
assistance dog with him at all times in his place of
employment.
Liability for damage caused by Assistance Dog.
The owner of an assistance dog is solely liable
for any damage to persons, premises, or facilities
including places of public accommodation, public
conveyances or transportation services, common
carrier of passengers, places of housing
accommodations, and places of employment
caused by that assistance dog.
An "Individual with a disability", including but not
limited to, the blind, visually impaired, deaf, hard
of hearing, or otherwise disabled who uses an
assistance dog shall keep the dog properly
harnessed or Ieashed, and a person who is
injured by the dog because of an "Individual with
a disability", including but not limited to, the blind,
visually impaired, deaf, hard of hearing, or
otherwise disabled failure to properly harness or
leash the dog is entitled to maintain a cause of
action for damages in a court of competent
jurisdiction under the same laws applicable to
other causes brought for the redress of injuries
caused by animals.
Violations - criminal penalties.
It is unlawful for any person, firm, corporation, or agent of
any person, firm, or corporation to:
Withhold, deny, deprive, or attempt to withhold, deny or
deprive any other persons of any of the rights or privileges
secured in sections [] of this part;
Intimidate, threaten, coerce, or attempt to threaten,
intimidate or coerce any other person to interfere with any
of the rights or privileges secured by sections [] of this part;
Punish or attempt to Punish any person for exercising or
attempting to exercise any right or privilege secured by
sections [] of this part;
Interfere with an assistance dog or an assistance dog in
training;
Allow another dog to injure an assistance dog or an
assistance dog in training.
Civil Penalties.
Any person who violates any provision of this part shall
be liable to the person whose rights were affected for
actual damages for economic loss to be recovered in a
civil action in a court in the county where the
infringement of rights occurred or where the defendant
resides.
In any action commenced pursuant to this section, a
court may award reasonable attorney fees and costs.
Precaution for drivers of motor vehicles approaching
pedestrian who is carrying a white cane or using an
Assistance Dog.
The driver of a vehicle approaching a totally or partially
blind pedestrian who is carrying a cane predominately
white in color (with or without a red tip) or a blind,
visually impaired, deaf, hard of hearing, or otherwise
disabled person using an Assistance Dog shall take all
necessary precautions to avoid injury to such
pedestrian. Any driver who fails to take such precaution
shall be liable in damages for any injury caused to such
pedestrian and/or any injury caused to the pedestrian's
Assistance Dog. It shall be unlawful for the operator of
any vehicle to drive into or upon any crosswalk while
there is on such crosswalk, such pedestrian, crossing or
attempting to cross the roadway, is such pedestrian
indicates his intention to cross or to continue. The
failure of any such pedestrian so to signal shall not
deprive him of the right of way accorded him by other
laws.