2019 -- H 5299 AS AMENDED

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LC001237

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO HUMAN SERVICES - EQUAL RIGHTS OF BLIND AND DEAF PERSONS

TO PUBLIC FACILITIES

     Introduced By: Representatives Hawkins, Lima, Phillips, Noret, and Serodio

     Date Introduced: February 06, 2019

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 40-9.1-1, 40-9.1-1.1, 40-9.1-2, 40-9.1-2.1, 40-9.1-3 and 40-9.1-5

of the General Laws in Chapter 40-9.1 entitled "Equal Rights of Blind and Deaf Persons to Public

Facilities" are hereby amended to read as follows:

     40-9.1-1. Declaration of policy.

     It is the policy of this state that:

     (a) Persons who are blind, visually impaired, deaf, hard-of-hearing and otherwise

disabled or otherwise have a disability have the same rights as the able-bodied to the full and free

use of the streets, highways, walkways, public buildings, public facilities and other public places.

     (b) Persons who are blind, visually impaired, deaf, hard-of-hearing and otherwise

disabled or otherwise have a disability are entitled to full and equal accommodations, advantages,

facilities and privileges on any public conveyance operated on land or water or in the air, or any

stations and terminals thereof, not limited to taxis, airplanes, motor vehicles, railroad trains,

motor buses, street cars, boats and in any educational institution, not limited to any kindergarten,

primary and secondary school, trade or business school, high school, academy, college and

university, and in places of public resort, accommodation, assemblage or amusement, not limited

to hotels, lodging places, restaurants, theater and in all other places to which the general public is

invited, subject only to the conditions and limitations established by law and applicable alike to

all persons.

     (c) Persons who are blind, visually impaired, deaf, hard-of-hearing and otherwise

disabled persons shall be entitled to rent, lease or purchase, as other members of the general

public, any housing accommodations offered for rent, lease or other compensation in this state,

subject to the conditions and limitations established by law and applicable alike to all persons.

     40-9.1-1.1. Definitions.

     (1) "Disability" means a disability as defined in § 42-87-1.

     (a)(2) "Guide dog" means a dog that has been or is being specially trained to aid a

particular blind or visually impaired person.

     (b)(3) "Hearing dog" means a dog that has been or is being specially trained to aid a

particular deaf or hard-of-hearing person.

     (c) "Housing accommodations" means any real property or portion 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.

     (d) "Personal assistance animal" means a dog that has been or is being trained as a guide

dog, hearing dog or service dog.

     (e) "Service dog" means a dog that has been or is being specially trained to aid a

particular disabled person with a disability other than sight or hearing.

     (f) "Disabled" means a disability as defined in § 42-87-1.

     (g) "Closed-captioning" means a transcript or dialog of the audio portion of a television

program that is displayed on a television receiver screen when the user activates the feature.

     (h) "Public area" means a part of a place of public accommodation that is open to the

general public.

     (i) "Regular hours" means the hours of any day in which a place of public

accommodation is open to members of the general public.

     (4) "Public area" means a part of a place listed in § 40-9.1-1 that is open to the general

public.

     (5) "Regular hours" means the hours of any day in which a public place of a place listed

in § 40-9.1-1 is open to members of the general public.

     (6) "Service animal" means a dog that has been or is being specifically trained to assist an

individual with a disability, and includes a guide dog or hearing dog.

     40-9.1-2. Personal assistance animals in public places.

     Every disabled person with a disability has the right to be accompanied by a personal

assistance service animal, specially trained for that person in any housing accommodation or in

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any places place listed in § 40-9.1-1(b) and (c) without being required to pay an extra charge for

the personal assistance animal. Each disabled person with a disability using a personal assistance

service animal is solely liable for any damage done to persons, premises or facilities by the

personal assistance service animal.

     40-9.1-2.1. Trainers of personal assistance animals and dogs in training.

     Every trainer or puppy raiser of a personal assistance service animal shall have the same

rights and privileges as stated in § 40-9.1-2 for every person with a disability. Each trainer or

puppy raiser during the training of a personal assistance service animal is liable for any damage

done to persons, premises or facilities by that personal assistance service animal.

     40-9.1-3. Penalty for injuring or interfering with a personal assistance animal --

Civil actions -- Damages -- Cost and attorney's fees. Penalty for injuring or interfering with

a service animal -- Civil actions -- Damages -- Cost and attorneys' fees.

     (a) It is unlawful for any person, corporation or the agent of any corporation to:

     (1) Withhold, deny, deprive or attempt to withhold, deny or deprive any other person of

any right or privilege secured by §§ 40-9.1-2 and 40-9.1-2.1;

     (2) Intimidate, threaten, coerce, or attempt to threaten, intimidate or coerce any other

person to interfere with any right or privilege secured by §§ 40-9.1-2 and 40-9.1-2.1;

     (3) Punish or attempt to punish any person for exercising or attempting to exercise any

right or privilege secured by §§ 40-9.1-2 and 40-9.1-2.1;

     (b) It is unlawful for any person to injure a personal assistance service animal and shall

be liable for the injuries to the assistance service animal and if necessary the replacement and

compensation for the loss of the personal assistance service animal.

     (c) It is unlawful for the owner of a dog an animal to allow that dog their animal to injure

a personal assistance service animal because the owner failed to control or leash the dog the

service animal. The owner shall also be liable for the injuries to the personal assistance dog

service animal and if necessary the replacement and compensation for the loss of the personal

assistance service animal.

     (d) Any person who violates subsection (a)(1) is guilty of a misdemeanor. Any person

who purposely or negligently violates subsection (a)(2) or (a)(3) is guilty of a misdemeanor.

Violations shall be punished by imprisonment in the county jail for not more than six (6) months

or by a fine of not less than one hundred dollars ($100), or by both fine and imprisonment. Any

person or corporation who violates subsections (a), (b), or (c) is also liable to the person whose

rights under §§ 40-9.1-2 and 40-9.1-2.1 were violated for actual damages for any economic loss

and/or punitive damages, to be recovered by a civil action in a court in and for the county in

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which the infringement of civil rights occurred or in which the defendant lives.

     (e) In an action brought under this section, the court shall award costs and reasonable

attorney's fees to the prevailing party.

     40-9.1-5. Family therapy pets in public places. Therapy pets in public places.

     (a) The privileges of access and transportation provided to personal assistance service

animals in § 40-9.1-2 shall be extended to family therapy pets which are further defined as

primary companions which include, but are not limited to, dogs, cats, rabbits, and guinea pigs,

that are working in the provision of pet assisted therapy treatment and education.

     (b) The provisions are such that the pet assisted therapy facilitator is working in

conjunction with the family therapy pet in a predetermined medical or educational setting, with a

selected clientele. The medical interactions are to be individually planned, goal-oriented, and

treatment based, and the educational settings are to be classroom based.

     (c) Throughout the interactions, the pet assisted therapy facilitator and the family therapy

pet will abide by a set code of ethics, and will follow professional guidelines to ensure that the

actions and deeds of the pet assisted therapy facilitator reflect advocacy of profession, pets, and

clients, and other professions; while simultaneously ensuring that the interaction of the family

therapy pet and client remains beneficial and strives to enhance the quality of life through this

animal-human bond.

     (d) Prior to any interactions, the family therapy pet must first meet the immunization

criteria, a current certificate of good health, which shall be issued by a licensed, practicing

veterinarian, as well as the temperament criteria, a certificate of good temperament, which shall

be issued from a certified or practicing dog trainer or animal behaviorist, and training criteria, in

which the pet assisted therapy facilitator and the family therapy pet learn to work as a team

learning together to execute safely and effective interaction, which are accepted in the field,

specifically other pet assisted animal facilitators, veterinarians, dog trainers, animal behaviorists

and the state of Rhode Island.

     (e) Access and transportation privileges are only extended while the family therapy pet is

on the way to or actively participating in a program.

     (f) The animal assisted therapy facilitator, an individual who has successfully completed

or is in the process of completing an accepted pet assisted therapy program, shall be responsible

for the control and safety of the pet, which is to include cleaning up and elimination of wastes,

keeping the pet on a proper leash and collar, carrying a smaller animal in a travel crate, adhering

to all standard rules, regulations, and laws within both the facility and the state of Rhode Island,

and upholding an active insurance policy that will cover an unforeseen mishap and/or accidental

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occurrence which may result in causing property damage and/or personal injury while actively

participating in a program.

     SECTION 2. Chapter 40-9.1 of the General Laws entitled "Equal Rights of Blind and

Deaf Persons to Public Facilities" is hereby amended by adding thereto the following sections:

     40-9.1-3.1. Misrepresentation of service animal.

     (a) It is a violation of this chapter for an individual to take an animal into a public area

where pets are not permitted, and state that the animal is a service animal entitled to be present, if

the animal is not a service animal.

     (b) Businesses may post a decal suitable in a front window or door, stating that service

animals are welcome and that misrepresentation of a service animal is a violation of Rhode Island

law; and

     (c) It shall be a violation for any individual to misrepresent a pet or any other animal as a

service animal when attempting to gain access to or remain in a public area. A violation of this

section occurs when:

     (1) An individual expressly represents that an animal in their possession is a service

animal for the purpose of obtaining any rights or privileges afforded to persons with disabilities

accompanied by service animals, but unavailable to people and their pets or other animals; and

     (2) Said individual knew or should have known that the animal in question did not meet

the definition of a service animal.

     (d) A violation of this section shall be deemed a civil violation, punishable by up to thirty

(30) hours of community service for an organization that serves individuals with disabilities at the

discretion of the court.

     40-9.1-7. Non-interference with federal law.

     Nothing in this chapter shall be construed to interfere with any rights provided by federal

law to individuals with disabilities.

     SECTION 3. This act shall take effect upon passage.

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LC001237

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HUMAN SERVICES - EQUAL RIGHTS OF BLIND AND DEAF PERSONS

TO PUBLIC FACILITIES

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     This act would prohibit misrepresentation of the status of an animal as a service animal in

order to acquire any right or privilege afforded disabled persons.

     This act would take effect upon passage.

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LC001237

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