2018 -- H 7612 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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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 Winfield, Lima, O'Brien, Ucci, and Williams

     Date Introduced: February 14, 2018

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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

     40-9.1-1.1. Definitions.

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

blind or visually impaired person.

     (b) "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.

     (a) "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.

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

     (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 more than one room therein.

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

general public.

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

accommodation is open to members of the general public.

     (f) "Service animal" shall have the same meaning as set forth under Titles II and III of the

federal "Americans with Disabilities Act of 1990," 42 U.S.C. § 12101 et seq., as amended, and all

implementing regulations.

     (g) "Service-animal-in-training" means an animal that has been selected for service

animal work and is being handled by a service animal trainer.

     (h) "Service animal trainer" means a competent animal trainer who is providing

individual training of an animal with the intention of having the animal become a working service

animal that will perform tasks for a disabled person.

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

places.

     Every disabled person has the right to be accompanied by a personal assistance service

animal, specially trained for that person in any housing accommodation or in any places listed in

§ 40-9.1-1(b) and (c) § 40-9.1-1(c) and (d) without being required to pay an extra charge for the

personal assistance service animal. Each disabled person using a personal assistance animal is

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

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a service animal -- Civil actions -- Damages -- Cost and attorney's 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 their

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

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.

     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 section:

     40-9.1-3.1. Fraudulent claim of service animal.

     (a) It is an intentional misrepresentation and a violation of law for an individual to take an

animal into a public accommodation where pets are not permitted, and state or imply that the

animal is a service animal entitled to be present, if the animal is not a service-animal-in-training,

or actually performing the duties of a service animal.

     (b) The Rhode Island commission for human rights shall prepare and make available to

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businesses upon request:

     (1) A decal suitable for posting 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

     (2) A brochure detailing permissible questions a business owner may ask in order to

determine whether an animal is a service animal, proper answers to those questions, and

guidelines defining unacceptable behavior.

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

service animal. A violation of this section occurs when:

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

service animal or a service-animal-in-training for the purpose of obtaining any rights or privileges

afforded to disabled persons 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 or service-animal-in-training.

     (d) Any police or animal control officer may investigate and enforce this section by

making inquiry of the individual accompanied by the service animal in question and issuing a

citation. Refusal by the individual to answer the permissible questions shall create a presumption

that the animal is not a service animal and the officer may issue the citation and require the

individual to remove the animal from the place of public accommodation.

     (e) A person who fails to comply with the provisions of this section shall be held in

violation, punishable by thirty (30) hours of community service for an organization that serves

individuals with disabilities, or for another entity or organization at the discretion of the court, to

be completed in not more than six (6) months, or to pay a fine of not more than five hundred

dollars ($500), or both.

     SECTION 3. This act shall take effect upon passage.

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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. The Rhode Island commission

for human rights would be required to provide decals for posting by businesses, notifying the

public of this law and would require the commission to provide informational pamphlets to

businesses, upon request, providing permissible questions to determine the status of an animal.

This act would also provide for civil penalty of up to five hundred dollars ($500) and thirty (30)

hours of community service for a violation.

     This act would take effect upon passage.

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