CHAPTER 85


97-S 1098 am
Approved Jul. 2, 1997


AN ACT RELATING TO PERSONAL ASSISTIVE ANIMALS

It is enacted by the General Assembly as follows:

SECTION 1. Sections 40-9.1-1, 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. Declaration of policy. -- {DEL It is the policy of this state to encourage and enable the blind, the deaf, the visually handicapped, and the otherwise physically disabled to participate fully in the social and economic life of the state and to engage in remunerative employment; to be employed in the state service, the service of the political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved; to have the same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places; to be entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats, or any other public accommodation, amusement or resort, and 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. DEL}

{ADD It is the policy of this state that: ADD}

{ADD (a) Persons who are blind, visually impaired, deaf, hard of hearing and otherwise disabled 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. ADD}

{ADD (b) Persons who are blind, visually impaired, deaf, hard of hearing and otherwise disabled 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. ADD}

{ADD (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. ADD}

{DEL 40-9.1-2. Guide dogs in public places. -- DEL} {ADD 40-9.1-2. Personal assistive dogs in public places. ADD} -- {DEL Every totally or partially blind or deaf person shall have the right to be accompanied by a guide dog especially trained for the purpose, in any of the places listed in section 40-9.1-1 without being required to pay an extra charge for the guide dog; provided that he or she shall be liable for any damage done to the premises or facilities by the dog. DEL}

{ADD Every disabled person has the right to be accompanied by a personal assistive animal, specially trained for that person in any housing accommodation or in any places listed in section 40-9.1-1(b) and (c) without being required to pay an extra charge for the assistance dog. Each disabled person using a personal assistive animal is solely liable for any damage done to persons, premises or facilities by the personal assistive animal. ADD}

{DEL 40-9.1-3. Penalty. --DEL} {ADD 40-9.1-3. Penalty for injuring or interfering with a personal assistive animal -- Civil actions -- Damages -- Cost -- and attorney's fees. ADD} -- {DEL Any person who violates section 40-9.1-2 shall, upon conviction, be fined a sum not to exceed five hundred dollars ($500.00). DEL}

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

{ADD (1) Withhold, deny, deprive or attempt to withhold, deny or deprive any other person of any right or privilege secured by sections 40-9.1-2 and 40-9.1-2.1; ADD}

{ADD (2) Intimidate, threaten, coerce, or attempt to threaten, intimidate or coerce any other person to interfere with any right or privilege secured by sections 40-9.1-2 and 40-9.1-2.1; ADD}

{ADD (3) Punish or attempt to punish any person for exercising or attempting to exercise any right or privilege secured by sections 40-9.1-2 and 40-9.1-2.1; ADD}

{ADD (b) It is unlawful for any person to injure a personal assistive animal and shall be liable for the injuries to the personal assistive animal and if necessary the replacement and compensation for the loss of the personal assistive animal. ADD}

{ADD (c) It is unlawful for the owner of a dog to allow that dog to injure a personal assistive animal because the owner failed to control or leash the dog. The owner shall also be liable for the injuries to the personal assistive dog and if necessary the replacement and compensation for the loss of the personal assistivee animal. ADD}

{ADD (d) Any person who violates subsection 1 is guilty of a misdemeanor. Any person who purposely or negligently violates subsection 2 or 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 sections 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. ADD}

{ADD (e) In an action brought under this section, the court shall award costs and reasonable attorney's fees to the prevailing party. ADD}

{ADD40-9.1-4. Enforcement of anti-discrimination provisions. --ADD}{ADDThe Rhode Island commission for human rights is empowered and directed, as hereinafter provided, to prevent any person from violating any of the provisions of this chapter, provided that before instituting a formal hearing it shall attempt by informal methods of conference, persuasion and conciliation, to induce compliance with those sections. Upon the commission's own initiative or whenever an aggrieved individual or an organization chartered for the purpose of combating discrimination or of safeguarding civil liberties or rights of persons with handicaps, such individual or organization being hereinafter referred to as the complainant, makes a charge to the commission that any person, agency, bureau, corporation or association, hereinafter referred to as the respondent, has violated or is violating any of the provisions of this chapter, the said commission may proceed in the same manner and with the same powers as provided is sections 28-5-16 to 28-5-27, inclusive, and the provisions of sections 28-5-13 and 28-5-16 to 28-5-36, inclusive, as to the powers, duties and rights of the commission, its members, hearing examiners, the complainant, respondent, interviewer and the court shall apply in any proceedings under this section.ADD}

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:

{ADD 40-9.1-1.1. Definitions. --ADD}{ADD (a) "Personal assistive animal" means a dog that has been or is being trained as a guide dog, hearing dog or service dog. ADD}

{ADD (b) "Guide dog" means a dog that has been or is being specially trained to aid a particular blind or visually impaired person. ADD}

{ADD (c) "Hearing dog" means a dog that has been or is being specially trained to aid a particular deaf or hard-of-hearing person. ADD}

{ADD (d) "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. ADD}

{ADD (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. ADD}

{ADD 40-9.1-2.1. -- Trainers of personal assistance animals and dogs in training. ADD}-- {ADD Every trainer or puppy raiser of a personal assistance animals shall have the same rights and privileges as stated in section 40-9.1-2 for every person with a disability. Each trainer or puppy raiser during the training of a personal assistance animals is liable for any damage done to persons, premises or facilities by that personal assistance animals. ADD}

SECTION 3. Section 39-2-13 of the General Laws in Chapter 39-2 entitled "DUTIES OF UTILITIES AND CARRIERS" are hereby amended to read as follows:

39-2-13. Admission of guide dogs. -- Any blind or deaf persons, who uses the services of a seeing-eye guide dog {ADD, or personal assistance animals ADD} a hearing-ear signal dog clearly identified as such by a yellow harness and trained by a recognized training agency or school, may enter any public facility of any public utility or common carrier in this state, and when riding on any bus or other public utility or common carrier, engaged in the transportation of passengers or when riding in any elevator in this state where a landlord has the elevator operated for the use of his tenants and their visitors, or while in any building in this state open to the public, may keep the animal in his or her immediate custody; and the person shall not be required to pay any charge or fare, for or on account of the transportation thereon of him or herself and any dog so accompanying him in addition to the charge of fare lawfully chargeable for his or her own transportation; provided, however, the provisions of this section shall not apply to railroad sleeping, parlor, club, buffet, or lounge cars.

SECTION 4. Section 39-2-14 of the General Laws in Chapter 39-2 entitled "Duties of Utilities and Carriers" is hereby repealed in its entirety:

{DEL 39-2-14. Penalty for refusal to carry person with guide dog. -- DEL} {DELAny operator of a taxicab, limited public motor vehicle, bus, or other public utility or common carrier engaged in the transportation of passengers or any operator in any elevator in this state where a landlord has the elevator operated for the use of his or her tenants and their visitors, who knowingly passes by, avoids, or refuses to pick up or transport any blind or deaf person accompanied by a dog, known and described as a "seeing-eye dog" or a hearing-ear signal dog clearly identified as such by a yellow harness trained by a recognized training agency, who desires to ride in any taxicab, limited public motor vehicle, bus, or other public utility or common carrier, or elevator, shall be guilty of a misdemeanor, and upon conviction shall be fined five hundred dollars ($500) for each offense. DEL}

SECTION 5. This act shall take effect upon passage.



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