Researcher: MF Page 1 3/24/21
OLR Bill Analysis
sHB 6318
AN ACT CONCERNING SERVICE ANIMALS.
SUMMARY
This bill generally broadens the applicability of current protections
and provisions related to guide dogs or assistance dogs by replacing
references to guide dogs or assistance dogs with a federal definition for
“service animals.” The federal definition generally includes dogs that
do work or perform tasks for people with various types of disabilities
(see BACKGROUND). The bill also applies certain existing provisions
to service dogs in training. The bill makes these changes in laws on the
following topics:
1. state employee use of paid sick time to attend service animal
training (§ 1);
2. transportation network company drivers (e.g., Uber, Lyft)
accommodating service animals (§ 3);
3. motor vehicle operators’ requirement to yield the right-of-way
to pedestrians with service animals (§ 4);
4. dog licensure and tags issued by town clerks (§ 5);
5. damage done by animals to property or other animals (§§ 6-8);
6. places of public accommodation (§§ 9, 10 & 14);
7. prohibition on use of a service animal by a blind person as
evidence in a negligence action (§ 11); and
8. victim services for crimes involving personal injury (§ 12).
The bill increases the amount of accumulated paid sick leave time a
state employee or a quasi-public agency employee may use to take 2021HB-06318-R000119-BA.DOCX
Researcher: MF Page 2 3/24/21
service animal training from 15 to 20 days. It establishes a similar
requirement for municipal employees.
For both sick leave requirements, the bill applies state definitions of
disability, including intellectual, physical, mental, and learning
disabilities (see BACKGROUND). The bill also applies these
definitions to provisions on dog licensure (§ 5), harmful animals (§§ 6-
8), and places of public accommodation (§§ 9 & 10).
The bill requires the Commission on Human Rights and
Opportunities (CHRO), within available appropriations, to post a link
on its website to educational materials on topics related to service
animals, emotional support animals, and therapy animals.
The bill also makes other minor and conforming changes.
EFFECTIVE DATE: July 1, 2021
§§ 1 & 2 — USING SICK TIME FOR SERVICE ANIMAL TRAINING
State and Quasi-Public Employees (§ 1)
Current law allows permanent, full-time state employees and quasi-
public agency employees who are blind or physically disabled to use
accumulated paid sick leave to take guide dog or assistance dog
training. The bill instead allows employees to use the sick time to train
service animals, as defined in federal law, rather than guide dogs or
assistance dogs, and it increases the amount of time employees may
use from 15 to 20 days. The bill broadens eligibility for this benefit to
employees who have a disability, including physical, intellectual,
mental, or learning disabilities as defined in state law (see
BACKGROUND). Under the bill, the training must be conducted by an
organization that trains service animals, rather than a guide dog or
assistance dog association, and belongs to a professional association of
service animal schools. Under existing law, unchanged by the bill, the
benefit is available to employees who have been employed for at least
12 consecutive months; employers may request up to seven days
advance notice and reasonable documentation.
Municipal Employees (§ 2) 2021HB-06318-R000119-BA.DOCX
Researcher: MF Page 3 3/24/21
The bill creates a new requirement for municipalities that is similar
to the requirement described above for state and quasi-public agency
employees. The bill requires municipalities to allow full-time
employees in permanent position to use up to 20 days of accumulated
sick leave to take a service animal training provided by an
organization that trains service animals and belongs to a professional
organization of service animal schools. To qualify, an employee must
(1) have been employed for at least 12 consecutive months and (2) have
a disability, including a physical, intellectual, mental, or learning
disability, as defined in state law (see BACKGROUND). Under the bill,
the municipality’s chief elected official or chief executive officer may
require up to seven days’ advance notice of an employee’s intention to
use leave for this purpose and may require the employee to provide
reasonable documentation that the leave is taken for this purpose.
§ 5 — DOG LICENSURE AND TAGS
Current law requires town clerks to provide a license and tag for
any dog that (1) belongs to or is kept by any blind, deaf, or mobility-
impaired person and (2) has been trained and educated to guide and
assist such person with traveling on public streets. The bill instead
requires town clerks to provide a license and tag for a trained service
animal owned or kept by a person with a disability, including an
intellectual, physical, mental, or learning disability.
Current law prohibits town clerks from licensing dogs that have not
previously been licensed without written evidence that the dog is
trained, educated, and intended to perform guide service for the
applicant. The bill instead allows the clerk, in cases where the dog has
not been previously licensed and it is not obvious that the dog is a
service animal, to ask the dog’s owner or keeper whether the dog is a
service animal required because of a disability and what work or task
the dog has been trained to perform. (The bill does not establish factors
or characteristics that would make it obvious that a dog is a service
animal.)
§§ 6-8 — HARMFUL ANIMALS
By law, if a dog does any damage to a person’s property, the dog’s 2021HB-06318-R000119-BA.DOCX
Researcher: MF Page 4 3/24/21
owner or keeper is generally liable for the amount of such damage.
Under current law, when a companion animal is damaged by another
dog, this amount includes the fair monetary value of the companion
animal, including all training expenses for a guide dog owned by a
blind person or assistance dog owned by a deaf or mobility-impaired
person. Under the bill, the animal’s fair monetary value includes all
training expenses for a service animal owned by a person with a
disability.
In certain circumstances, current law requires a dog’s owner or
keeper to restrain and control the dog on a leash when the dog is near
a blind, deaf, or mobility-impaired person accompanied by a guide
dog wearing a harness or an orange-colored leash and collar making it
readily identifiable as a guide dog. The bill expands this requirement
to instead apply to people with disabilities accompanied by a service
animal wearing a harness or vest readily identifying the animal and
makes conforming changes.
By law, animal control officers may make orders about the restraint
or disposal of any biting dog or other animal. Current law exempts
from these provisions guide dogs owned or in the custody or control
of a blind person or a person with a mobility impairment as long as the
dog meets certain other requirements. The bill instead exempts service
animals owned or in the custody or control of a person with a
disability. By law, unchanged by the bill, the exemption applies when
the animal is under direct supervision, care, and control of the person;
is currently vaccinated; and receives routine veterinary care.
§§ 9, 10 & 14 — PLACES OF PUBLIC ACC OMMODATION
The bill broadens the law covering service animals on public
transportation and places of public accommodation. Under current
law, any blind, deaf, or mobility-impaired person or any person
training a dog may travel on public transportation (e.g., trains), enter
places of public accommodation (e.g., restaurants), or visit someone’s
home with their guide or assistance dog or dog in training and keep
the dog with them at no extra charge as long as the dog is in the
person’s direct custody and wears a harness or orange-colored leash 2021HB-06318-R000119-BA.DOCX
Researcher: MF Page 5 3/24/21
and collar. Current law also prohibits extra fees for people with guide
or assistance dogs unless the fee applies to all guests. Dog owners are
liable for any damages the dog does to the premises or facilities.
Additionally, anyone who intentionally interferes with a blind, deaf, or
mobility-impaired person’s use of a guide dog or assistance dog or
who denies the rights afforded to such a person is guilty of a class C
misdemeanor.
The bill applies these provisions to anyone with an intellectual,
physical, mental, or learning disability and to service animals as
defined in federal law, rather than guide dogs and assistance dogs (see
BACKGROUND), as well as service animals in training. The bill
eliminates requirements that animals wear a harness or an orange-
colored leash and animals in training be identified through tags,
tattoos, bandanas, coats, leashes, or collars.
Current law similarly makes it a discriminatory practice to deny a
blind, deaf, or mobility-impaired person accompanied by a guide dog
or assistance dog or a dog in training full and equal access to any place
of public accommodation, resort, or amusement. The bill expands this
provision to apply to people with intellectual, physical, mental, or
learning disabilities and their service animals or service animals in
training. The bill also makes it a discriminatory practice for a place of
public accommodation, resort, or amusement to refuse entry to a
person with a disability who is accompanied by a service animal.
The bill removes a provision making it a discriminatory practice for
a place of public accommodation, resort, or amusement to fail or refuse
to post a notice that blind, deaf, or mobility-impaired people with their
guide dog wearing a harness or an orange-colored leash and collar
may enter the facilities. By law, violations are class D misdemeanors
(CGS § 46a-64(c)).
The bill allows a place of public accommodation, resort, or
amusement, when it is not obvious what service an animal provides, to
ask a service animal’s owner or keeper (1) whether the animal is a
service animal required because of a disability and (2) what work or 2021HB-06318-R000119-BA.DOCX
Researcher: MF Page 6 3/24/21
task the animal has been trained to perform. Under the bill, provisions
about discriminatory practices do not preclude a business owner’s
ability to recover for damage caused to a person or property by a
service animal.
§ 13 — CHRO EDUCATIONAL MAT ERIALS
The bill requires CHRO, within available appropriations, to link on
its website to educational materials on the following topics:
1. the differences between service animals, emotional support
animals, and therapy animals;
2. an owner’s rights and responsibilities for each type of animal
under state and federal law; and
3. permissible methods under state and federal law for a landlord
or an owner of a place of public accommodation, resort, or
amusement to determine whether an animal is a service animal,
emotional support animal, or therapy animal.
The bill does not include a deadline for CHRO to post this
information.
BACKGROUND
Service Animal Definition
Under federal law, “service animal” means any dog that is
individually trained to do work or perform tasks to benefit an
individual with a disability, including a physical, sensory, psychiatric,
intellectual, or other mental disability. This definition excludes other
species of animals. Work or tasks performed by a service animal must
be directly related to the individual’s disability and include the
following:
1. assisting individuals who are blind or have low vision with
navigation,
2. alerting individuals who are deaf or hard of hearing to the
presence of people or sounds, 2021HB-06318-R000119-BA.DOCX
Researcher: MF Page 7 3/24/21
3. providing non-violent protection or rescue work,
4. pulling a wheelchair,
5. assisting an individual during a seizure,
6. alerting individuals to the presence of allergens,
7. retrieving medicine or other items,
8. providing physical support and assistance with balance and
stability to individuals with mobility disabilities, and
9. helping people with psychiatric and neurological disabilities by
preventing or interrupting impulsive destructive behaviors.
Service animal tasks and work do not include (1) crime deterrent
effects of the animal’s presence and (2) providing emotional support,
well-being, comfort, or companionship (28 C.F.R. § 35.104).
Disability Definition
Under state law, an intellectual disability is a significant limitation
in intellectual functioning existing concurrently with deficits in
adaptive behavior that originated during the developmental period
before 18 years of age (CGS § 1-1g).
A physically disabled person is one who has a chronic physical
handicap, infirmity, or impairment, whether congenital or resulting
from bodily injury, organic processes, or changes from illness,
including epilepsy, deafness or being hard of hearing, or reliance on a
wheelchair or other remedial appliance or device (CGS § 46a-51(15)).
A mental disability refers to an individual who has a record of, or is
regarded as having, one or more mental disorders as defined in the
most recent edition of the American Psychiatric Association’s
Diagnostic and Statistical Manual of Mental Disorders (CGS § 46a-
51(15)).
A learning disability refers to an individual who exhibits a severe 2021HB-06318-R000119-BA.DOCX
Researcher: MF Page 8 3/24/21
discrepancy between educational performance and measured
intellectual ability and who exhibits a disorder in one or more of the
basic psychological processes involved in understanding or using
spoken or written language, which may manifest itself in a diminished
ability to listen, speak, read, write, spell, or do mathematical
calculations (CGS § 46a-51(19)).
COMMITTEE ACTION
Human Services Committee
Joint Favorable Substitute
Yea 19 Nay 0 (03/09/2021)