Chapter 096 |
2019 -- H 5299 AS AMENDED Enacted 07/08/2019 |
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 |
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 |
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 Costs 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 or that violates subsections subsection (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. |
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 |
occurrence which that 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 his or her 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 The 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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