Substitute House Bill No. 5559
Substitute House Bill No. 5559
PUBLIC ACT NO. 97-141
AN ACT CONCERNING GUIDE DOGS-IN-TRAINING.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 46a-44 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any blind, deaf or mobility impaired
person OR ANY PERSON TRAINING A DOG AS A GUIDE DOG
FOR A BLIND PERSON OR A DOG TO ASSIST A DEAF OR
MOBILITY IMPAIRED PERSON may travel on a train or
on any other mode of public transportation, and
may enter any other place of public accommodation
which caters or offers its services or facilities
or goods to the general public, including but not
limited to, any public building, inn, restaurant,
hotel, motel, tourist cabin, place of amusement,
resort or any facility of any such public
accommodation, accompanied by his guide dog OR
ASSISTANCE DOG, and he may keep such [guide] dog
with him at all times in any such public
accommodation or facility thereof at no extra
charge, provided such dog shall be in the direct
custody of such [blind, deaf or mobility impaired]
person and shall be wearing a harness or an
orange-colored leash and collar.
(b) Any blind, deaf or mobility impaired
person OR ANY PERSON TRAINING A DOG AS A GUIDE DOG
FOR A BLIND PERSON OR A DOG TO ASSIST A DEAF OR
MOBILITY IMPAIRED PERSON shall be entitled to
visit any place of public accommodation, resort or
amusement or a dwelling as a guest of a lawful
occupant thereof, accompanied by his guide dog OR
ASSISTANCE DOG, and he may keep such [guide] dog
with him at all times in such public
accommodation, resort, amusement or dwelling at no
extra charge, provided such dog shall be in the
direct custody of such [blind, deaf or mobility
impaired] person and shall be wearing a harness or
an orange-colored leash and collar. No such blind,
deaf or mobility impaired person OR PERSON
TRAINING A DOG AS A GUIDE DOG FOR A BLIND PERSON
OR A DOG TO ASSIST A DEAF OR MOBILITY IMPAIRED
PERSON shall be charged any fee not applicable
alike to all guests, provided [such blind, deaf or
mobility impaired person] THE OWNER OF SUCH DOG
shall be liable for any damage done to the
premises or facilities by [his] SUCH dog. For the
purposes of this subsection, (1) a "place of
public accommodation, resort or amusement" means
any establishment which caters or offers its
services or facilities or goods to the general
public, including, but not limited to, any
commercial building lot, on which it is intended
that a commercial property or building will be
constructed or offered for sale or rent, and (2)
"dwelling" means any building, structure, mobile
manufactured home park or portion thereof which is
occupied as, or designed or intended for occupancy
as, a residence by one or more families, and any
vacant land which is offered for sale or lease for
the construction or location thereon of any such
building, structure, mobile manufactured home park
or portion thereof, provided the provisions of
this subsection shall not apply to (A) the rental
of a room or rooms in a single-family dwelling
unit if the owner actually maintains and occupies
part of such living quarters as his residence or
(B) a unit in a dwelling containing living
quarters occupied or intended to be occupied by no
more than two families living independently of
each other, if the owner actually maintains and
occupies the other such living quarters as his
residence.
(c) Any person who denies the rights afforded
to blind, deaf or mobility impaired persons OR
PERSONS TRAINING A DOG AS A GUIDE DOG FOR A BLIND
PERSON OR A DOG TO ASSIST A DEAF OR MOBILITY
IMPAIRED PERSON under subsections (a) and (b) OF
THIS SECTION shall be guilty of a class C
misdemeanor, provided such blind, deaf or mobility
impaired person OR PERSON TRAINING A DOG AS A
GUIDE DOG FOR A BLIND PERSON OR A DOG TO ASSIST A
DEAF OR MOBILITY IMPAIRED PERSON complies with the
applicable provisions of subsection (a) or (b) OF
THIS SECTION.
(d) FOR PURPOSES OF THIS SECTION, "GUIDE DOG"
OR "ASSISTANCE DOG" INCLUDES A DOG BEING TRAINED
AS A GUIDE DOG OR ASSISTANCE DOG AND "PERSON
TRAINING A DOG AS A GUIDE DOG FOR A BLIND PERSON
OR A DOG TO ASSIST A DEAF OR MOBILITY IMPAIRED
PERSON" MEANS A PERSON WHO IS EMPLOYED BY AND
AUTHORIZED TO ENGAGE IN DESIGNATED TRAINING
ACTIVITIES BY A GUIDE DOG ORGANIZATION OR
ASSISTANCE DOG ORGANIZATION THAT COMPLIES WITH THE
CRITERIA FOR MEMBERSHIP IN A PROFESSIONAL
ASSOCIATION OF GUIDE DOG OR ASSISTANCE DOG SCHOOLS
AND WHO CARRIES PHOTOGRAPHIC IDENTIFICATION
INDICATING SUCH EMPLOYMENT AND AUTHORIZATION.
Sec. 2. Section 46a-64 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) It shall be a discriminatory practice in
violation of this section: (1) To deny any person
within the jurisdiction of this state full and
equal accommodations in any place of public
accommodation, resort or amusement because of
race, creed, color, national origin, ancestry,
sex, marital status, age, lawful source of income,
mental retardation, mental disability or physical
disability, including, but not limited to,
blindness or deafness of the applicant, subject
only to the conditions and limitations established
by law and applicable alike to all persons; (2) to
discriminate, segregate or separate on account of
race, creed, color, national origin, ancestry,
sex, marital status, age, lawful source of income,
mental retardation, mental disability, learning
disability or physical disability, including, but
not limited to, blindness or deafness; (3) for a
place of public accommodation, resort or amusement
to fail or refuse to post a notice, in a
conspicuous place, that any blind, deaf or
mobility impaired person, accompanied by his guide
dog wearing a harness or an orange-colored leash
and collar, may enter such premises or facilities;
or (4) to deny any blind, deaf or mobility
impaired person OR ANY PERSON TRAINING A DOG AS A
GUIDE DOG FOR A BLIND PERSON OR A DOG TO ASSIST A
DEAF OR MOBILITY IMPAIRED PERSON, accompanied by
his guide dog OR ASSISTANCE DOG, full and equal
access to any place of public accommodation,
resort or amusement. Any blind, deaf or mobility
impaired person OR ANY PERSON TRAINING A DOG AS A
GUIDE DOG FOR A BLIND PERSON OR A DOG TO ASSIST A
DEAF OR MOBILITY IMPAIRED PERSON may keep his
guide dog OR ASSISTANCE DOG with him at all times
in such place of public accommodation, resort or
amusement at no extra charge, provided the dog
wears a harness or an orange-colored leash and
collar and is in the direct custody of [the blind,
deaf or mobility impaired] SUCH person. The blind,
deaf or mobility impaired person OR PERSON
TRAINING A DOG AS A GUIDE DOG FOR A BLIND PERSON
OR A DOG TO ASSIST A DEAF OR MOBILITY IMPAIRED
PERSON shall be liable for any damage done to the
premises or facilities by his dog. FOR PURPOSES OF
THIS SUBDIVISION, "GUIDE DOG" OR "ASSISTANCE DOG"
INCLUDES A DOG BEING TRAINED AS A GUIDE DOG OR
ASSISTANCE DOG AND "PERSON TRAINING A DOG AS A
GUIDE DOG FOR A BLIND PERSON OR A DOG TO ASSIST A
DEAF OR MOBILITY IMPAIRED PERSON" MEANS A PERSON
WHO IS EMPLOYED BY AND AUTHORIZED TO ENGAGE IN
DESIGNATED TRAINING ACTIVITIES BY A GUIDE DOG
ORGANIZATION OR ASSISTANCE DOG ORGANIZATION THAT
COMPLIES WITH THE CRITERIA FOR MEMBERSHIP IN A
PROFESSIONAL ASSOCIATION OF GUIDE DOG OR
ASSISTANCE DOG SCHOOLS AND WHO CARRIES
PHOTOGRAPHIC IDENTIFICATION INDICATING SUCH
EMPLOYMENT AND AUTHORIZATION.
(b) (1) The provisions of this section with
respect to the prohibition of sex discrimination
shall not apply to (A) the rental of sleeping
accommodations provided by associations and
organizations which rent all such sleeping
accommodations on a temporary or permanent basis
for the exclusive use of persons of the same sex
or (B) separate bathrooms or locker rooms based on
sex. (2) The provisions of this section with
respect to the prohibition of discrimination on
the basis of age shall not apply to minors or to
special discount or other public or private
programs to assist persons sixty years of age and
older. (3) The provisions of this section with
respect to the prohibition of discrimination on
the basis of physical disability shall not require
any person to modify his property in any way or
provide a higher degree of care for a physically
disabled person, including, but not limited to
blind or deaf persons, than for a person not
physically disabled. (4) The provisions of this
section with respect to the prohibition of
discrimination on the basis of creed shall not
apply to the practice of granting preference in
admission of residents into a nursing home as
defined in section 19a-490, if (A) the nursing
home is owned, operated by or affiliated with a
religious organization, exempt from taxation for
federal income tax purposes and (B) the class of
persons granted preference in admission is
consistent with the religious mission of the
nursing home. (5) The provisions of this section
with respect to the prohibition of discrimination
on the basis of lawful source of income shall not
prohibit the denial of full and equal
accommodations solely on the basis of insufficient
income.
(c) Any person who violates any provision of
this section shall be fined not less than
twenty-five nor more than one hundred dollars or
imprisoned not more than thirty days or both.
Approved June 13, 1997