Connecticut 2021 Regular Session

Connecticut House Bill HB06318 Compare Versions

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7	7		General Assembly Substitute Bill No. 6318
8	8		January Session, 2021
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12	12		AN ACT CONCERNING SE RVICE ANIMALS.
13	13		Be it enacted by the Senate and House of Representatives in General
14	14		Assembly convened:
15	15
16	16		Section 1. Section 5-247b of the general statutes is repealed and the 1
17	17		following is substituted in lieu thereof (Effective July 1, 2021): 2
18	18		As used in this section, (1) "disability" means any one or more of the 3
19	19		following, as defined in section 46a-51: (A) An "intellectual disability", 4
20	20		(B) "physically disabled", (C) a "mental disability", or (D) a "learning 5
21	21		disability"; and (2) "service animal" has the same meaning as provided 6
22	22		in 28 CFR 35.104, as amended from time to time, and includes a service 7
23	23		animal in training. Each appointing authority shall grant to each full-8
24	24		time employee in a permanent position in the state [service or full-time 9
25	25		employee of a] or quasi-public agency who [(1) is blind or physically 10
26	26		disabled, and (2)] (A) has a disability, and (B) has been employed for at 11
27	27		least twelve consecutive months, the use of accumulated paid sick leave, 12
28	28		not to exceed [fifteen] twenty days, to participate in training conducted 13
29	29		by [a guide dog organization or assistance dog organization] an 14
30	30		organization that trains service animals, provided such organization is 15
31	31		a member of a professional association of [guide dog or assistance dog] 16
32	32		service animal schools, to prepare the employee to handle a [guide dog 17
33	33		or assistance dog] service animal for the employee's own use. The 18
34	34		appointing authority may require up to seven days' advance notice of 19
35	35		an employee's intention to use such leave and may require the employee 20
36	36		to provide reasonable documentation that such leave is being taken for 21 Substitute Bill No. 6318
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43	43		the purpose permitted under this section. 22
44	44		Sec. 2. (NEW) (Effective July 1, 2021) As used in this section, (1) 23
45	45		"disability" means any one or more of the following, as defined in 24
46	46		section 46a-51 of the general statutes: (A) An "intellectual disability", (B) 25
47	47		"physically disabled", (C) a "mental disability", or (D) a "learning 26
48	48		disability"; and (2) "service animal" has the same meaning as provided 27
49	49		in 28 CFR 35.104, as amended from time to time, and includes a service 28
50	50		animal in training. Each chief elected official or chief executive officer of 29
51	51		a municipality shall grant to each full-time employee in a permanent 30
52	52		position who (A) has a disability, and (B) has been employed for at least 31
53	53		twelve consecutive months, the use of accumulated paid sick leave, not 32
54	54		to exceed twenty days, to participate in training conducted by an 33
55	55		organization that trains service animals, provided such organization is 34
56	56		a member of a professional association of service animal schools, to 35
57	57		prepare the employee to handle a service animal for the employee's own 36
58	58		use. The chief elected official or chief executive officer may require up 37
59	59		to seven days' advance notice of an employee's intention to use such 38
60	60		leave and may require the employee to provide reasonable 39
61	61		documentation that such leave is being taken for the purpose permitted 40
62	62		under this section. 41
63	63		Sec. 3. Subsection (f) of section 13b-119 of the general statutes is 42
64	64		repealed and the following is substituted in lieu thereof (Effective July 1, 43
65	65		2021): 44
66	66		(f) A transportation network company driver shall: (1) Comply with 45
67	67		all applicable laws regarding nondiscrimination against transportation 46
68	68		network company riders or potential transportation network company 47
69	69		riders on the basis of age, color, creed, destination, intellectual or 48
70	70		physical disability, national origin, race, sex, sexual orientation or 49
71	71		gender identity; (2) comply with all applicable laws relating to the 50
72	72		accommodation of service animals and accommodate service animals 51
73	73		without imposing additional charges for such accommodation; (3) 52
74	74		comply with the policies adopted by the transportation network 53
75	75		company pursuant to subsection (c) of section 13b-118 and subsections 54 Substitute Bill No. 6318
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82	82		(d) and (e) of this section; (4) not impose additional charges for 55
83	83		providing prearranged rides to persons with physical disabilities 56
84	84		because of such disabilities; and (5) not solicit or accept a request for 57
85	85		transportation unless the request is accepted through the transportation 58
86	86		network company's digital network. For purposes of this subsection, 59
87	87		"service animal" has the same meaning as provided in 28 CFR 35.104, as 60
88	88		amended from time to time, and includes a service animal in training. 61
89	89		Sec. 4. Section 14-300 of the general statutes is repealed and the 62
90	90		following is substituted in lieu thereof (Effective July 1, 2021): 63
91	91		(a) As used in this section and section 14-300i, "service animal" has 64
92	92		the same meaning as provided in 28 CFR 35.104, as amended from time 65
93	93		to time, and includes a service animal in training. The traffic authority 66
94	94		shall have power to designate, by appropriate official traffic control 67
95	95		devices, as defined in section 14-297, or markers, or by lines upon the 68
96	96		surface of the highway, such crosswalks and intersections as, in its 69
97	97		opinion, constitute a danger to pedestrians crossing the highway 70
98	98		including, but not limited to, specially marked crosswalks in the vicinity 71
99	99		of schools, which crosswalks shall have distinctive markings, in 72
100	100		accordance with the regulations of the Office of the State Traffic 73
101	101		Administration, to denote use of such crosswalks by school children; 74
102	102		and may maintain suitable signs located at intervals along highways, 75
103	103		particularly where there are no sidewalks, directing pedestrians to walk 76
104	104		facing vehicular traffic. 77
105	105		(b) At any intersection where special pedestrian-control signals 78
106	106		bearing the words "Walk" or "Don't Walk" are placed, pedestrians may 79
107	107		cross the highway only as indicated by the signal. At any intersection 80
108	108		where traffic is controlled by other traffic control signals or by police 81
109	109		officers, pedestrians shall not cross the highway against a red or "Stop" 82
110	110		signal and shall not cross at any place not a marked or unmarked 83
111	111		crosswalk. A pedestrian started or starting across the highway on a 84
112	112		"Walk" signal or on any such crosswalk on a green or "Go" signal shall 85
113	113		have the right-of-way over all vehicles, including those making turns, 86
114	114		until such pedestrian has reached the opposite curb or safety zone. 87 Substitute Bill No. 6318
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121	121		(c) Except as provided in subsection (c) of section 14-300c, at any 88
122	122		crosswalk marked as provided in subsection (a) of this section or any 89
123	123		unmarked crosswalk, provided such crosswalks are not controlled by 90
124	124		police officers or traffic control signals, each operator of a vehicle shall 91
125	125		grant the right-of-way, and slow or stop such vehicle if necessary to so 92
126	126		grant the right-of-way, to any pedestrian crossing the roadway within 93
127	127		such crosswalk, provided such pedestrian steps off the curb or into the 94
128	128		crosswalk at the entrance to a crosswalk or is within that half of the 95
129	129		roadway upon which such operator of a vehicle is traveling, or such 96
130	130		pedestrian steps off the curb or into the crosswalk at the entrance to a 97
131	131		crosswalk or is crossing the roadway within such crosswalk from that 98
132	132		half of the roadway upon which such operator is not traveling. No 99
133	133		operator of a vehicle approaching from the rear shall overtake and pass 100
134	134		any vehicle, the operator of which has stopped at any crosswalk marked 101
135	135		as provided in subsection (a) of this section or any unmarked crosswalk 102
136	136		to permit a pedestrian to cross the roadway. The operator of any vehicle 103
137	137		crossing a sidewalk shall yield the right-of-way to each pedestrian and 104
138	138		all other traffic upon such sidewalk. 105
139	139		(d) The operator of a motor vehicle who approaches or comes into the 106
140	140		immediate vicinity of a pedestrian who is blind, as defined in subsection 107
141	141		(a) of section 1-1f, carrying a white cane or a white cane tipped with red, 108
142	142		or a pedestrian being guided by a [guide dog] service animal, shall 109
143	143		reduce speed or stop, if necessary, to yield the right-of-way to such 110
144	144		pedestrian. No person, except one who is blind, shall carry or use on any 111
145	145		street or highway, or in any other public place, a cane or walking stick 112
146	146		which is white in color or white, tipped with red. 113
147	147		(e) Any crosswalk designated by a traffic authority on or after 114
148	148		October 1, 2010, pursuant to subsection (a) of this section shall be 115
149	149		required by such authority to have markings, signage, or any control 116
150	150		signals deemed necessary by such authority to provide sufficient time 117
151	151		for the safe crossing of pedestrians. 118
152	152		(f) The operator of any motor vehicle who violates this section shall 119
153	153		be fined not more than five hundred dollars. 120 Substitute Bill No. 6318
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160	160		(g) In any civil action arising under subsection (c) or (d) of this section 121
161	161		or sections 14-300b to 14-300d, inclusive, the doctrine of negligence per 122
162	162		se shall not apply. 123
163	163		Sec. 5. Section 22-345 of the general statutes is repealed and the 124
164	164		following is substituted in lieu thereof (Effective July 1, 2021): 125
165	165		As used in this section and sections 22-357, 22-358 and 22-364b, as 126
166	166		amended by this act, (1) "disability" means any one or more of the 127
167	167		following, as defined in section 46a-51: (A) An "intellectual disability", 128
168	168		(B) "physically disabled", (C) a "mental disability", or (D) a "learning 129
169	169		disability"; and (2) "service animal" has the same meaning as provided 130
170	170		in 28 CFR 35.104, as amended from time to time, and includes a service 131
171	171		animal in training. Any [blind, deaf or mobility impaired] person with 132
172	172		a disability who is the owner or keeper of a dog [which has been trained 133
173	173		and educated to guide and assist such person in traveling upon the 134
174	174		public streets or highways or otherwise] that has been trained as a 135
175	175		service animal shall receive a license and tag for such dog from the town 136
176	176		clerk of the town where such dog is owned or kept. Such license and tag 137
177	177		shall be issued in accordance with the provisions of section 22-340, and 138
178	178		no fee shall be required of the owner or keeper of any such dog. When 139
179	179		any such dog has not been previously licensed by the town clerk to 140
180	180		whom application is being made, and it is not obvious that the dog is a 141
181	181		service animal, such town clerk [shall not license such dog or issue to 142
182	182		the owner a license and tag unless written evidence is exhibited to such 143
183	183		clerk that the dog is trained and educated and intended in fact to 144
184	184		perform such guide service for such applicant] may inquire of such 145
185	185		owner or keeper whether the dog is a service animal required because 146
186	186		of a disability and what work or task the dog has been trained to 147
187	187		perform. Any person who has a dog placed with such person 148
188	188		temporarily, including for breeding purposes, by a nonprofit 149
189	189		organization established for the purpose of training or educating [guide 150
190	190		dogs to so assist blind, deaf or mobility impaired persons] the dog as a 151
191	191		service animal shall receive a license and tag for such dog from the town 152
192	192		clerk of the town where such dog is kept. Such license and tag shall be 153 Substitute Bill No. 6318
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199	199		issued in accordance with the provisions of section 22-340, and no fee 154
200	200		shall be required for such license and tag, provided such person 155
201	201		presents written evidence that such dog was placed with such person 156
202	202		by such organization. [As used in this section and section 46a-44, "deaf 157
203	203		person" means a person who cannot readily understand spoken 158
204	204		language through hearing alone and who may also have a speech defect 159
205	205		which renders such person's speech unintelligible to most people with 160
206	206		normal hearing.] 161
207	207		Sec. 6. Subdivision (3) of subsection (a) of section 22-357 of the general 162
208	208		statutes is repealed and the following is substituted in lieu thereof 163
209	209		(Effective July 1, 2021): 164
210	210		(3) "The amount of such damage", with respect to a companion 165
211	211		animal, includes expenses of veterinary care, the fair monetary value of 166
212	212		the companion animal, including all training expenses for a [guide dog] 167
213	213		service animal owned by a [blind person or an assistance dog owned by 168
214	214		a deaf or mobility impaired person] person with a disability and burial 169
215	215		expenses for the companion animal. 170
216	216		Sec. 7. Subsection (c) of section 22-358 of the general statutes is 171
217	217		repealed and the following is substituted in lieu thereof (Effective July 1, 172
218	218		2021): 173
219	219		(c) The commissioner, the Chief Animal Control Officer, any animal 174
220	220		control officer, any municipal animal control officer or any regional 175
221	221		animal control officer may make any order concerning the restraint or 176
222	222		disposal of any biting dog, cat or other animal as the commissioner or 177
223	223		such officer deems necessary. Notice of any such order shall be given to 178
224	224		the person bitten by such dog, cat or other animal within twenty-four 179
225	225		hours. The owner of such animal shall pay all fees as set forth in section 180
226	226		22-333. Any owner or keeper of such dog, cat or other animal who fails 181
227	227		to comply with such order shall be guilty of a class D misdemeanor. If 182
228	228		an owner or keeper fails to comply with a restraining order made 183
229	229		pursuant to this subsection, the Chief Animal Control Officer, any 184
230	230		animal control officer, any municipal animal control officer or any 185 Substitute Bill No. 6318
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237	237		regional animal control officer may seize the dog, cat or other animal to 186
238	238		ensure such compliance and the owner or keeper shall be responsible 187
239	239		for any expenses resulting from such seizure. Any person aggrieved by 188
240	240		an order of any municipal animal control officer, the Chief Animal 189
241	241		Control Officer, any animal control officer or any regional animal 190
242	242		control officer may request a hearing before the commissioner within 191
243	243		fourteen days of the issuance of such order. Any order issued pursuant 192
244	244		to this section that requires the restraint of an animal shall be effective 193
245	245		upon its issuance and shall remain in effect during any appeal of such 194
246	246		order to the commissioner. After such hearing, the commissioner may 195
247	247		affirm, modify or revoke such order as the commissioner deems proper. 196
248	248		Any dog owned by a police agency of the state or any of its political 197
249	249		subdivisions is exempt from the provisions of this subsection when such 198
250	250		dog is under the direct supervision, care and control of an assigned 199
251	251		police officer, is currently vaccinated and is subject to routine veterinary 200
252	252		care. Any [guide dog] service animal owned or in the custody and 201
253	253		control of a [blind person or a person with a mobility impairment] 202
254	254		person with a disability is exempt from the provisions of this subsection 203
255	255		when such [guide dog] service animal is under the direct supervision, 204
256	256		care and control of such person, is currently vaccinated and is subject to 205
257	257		routine veterinary care. 206
258	258		Sec. 8. Section 22-364b of the general statutes is repealed and the 207
259	259		following is substituted in lieu thereof (Effective July 1, 2021): 208
260	260		The owner or keeper of a dog shall restrain and control such dog on 209
261	261		a leash when such dog is not on the property of its owner or keeper and 210
262	262		is in proximity to a [blind, deaf or mobility impaired] person with a 211
263	263		disability accompanied by his [guide dog] or her service animal, 212
264	264		provided the [guide dog] service animal is in the direct custody of such 213
265	265		[blind, deaf or mobility impaired person, is wearing a harness or an 214
266	266		orange-colored leash and collar which makes it readily-identifiable as a 215
267	267		guide dog] person, is wearing a harness or a vest readily identifying the 216
268	268		animal as a service animal and is licensed in accordance with section 22-217
269	269		345, as amended by this act. Any person who violates the provisions of 218 Substitute Bill No. 6318
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276	276		this section shall have committed an infraction. If an owner or keeper of 219
277	277		a dog violates the provisions of this section and, as a result of such 220
278	278		violation, such dog attacks and injures the [guide dog] service animal, 221
279	279		such owner or keeper shall be liable, as provided in section 22-357, as 222
280	280		amended by this act, for any damage done to such [guide dog] service 223
281	281		animal, and such liability shall include liability for any costs incurred by 224
282	282		such [blind, deaf or mobility-impaired] person with a disability for the 225
283	283		veterinary care, rehabilitation or replacement of the injured [guide dog] 226
284	284		service animal and for reasonable attorney's fees. 227
285	285		Sec. 9. Section 46a-44 of the general statutes is repealed and the 228
286	286		following is substituted in lieu thereof (Effective July 1, 2021): 229
287	287		(a) As used in this section and section 46a-64, as amended by this act, 230
288	288		(1) "disability" means any one or more of the following, as defined in 231
289	289		section 46a-51: (A) An "intellectual disability", (B) "physically disabled", 232
290	290		(C) a "mental disability", or (D) a "learning disability"; (2) "service 233
291	291		animal" has the same meaning as provided in 28 CFR 35.104, as 234
292	292		amended from time to time, and includes a service animal in training; 235
293	293		and (3) "person training an animal as a service animal" means a person 236
294	294		who (A) (i) is employed by an organization that trains service animals, 237
295	295		(ii) complies with the criteria for membership in a professional 238
296	296		association of schools that train service animals, (iii) is authorized to 239
297	297		engage in designated training activities, and (iv) carries photographic 240
298	298		identification indicating such employment and authorization, or (B) 241
299	299		volunteers for an organization that (i) trains service animals, and (ii) 242
300	300		authorizes volunteers to raise animals to become service animals. 243
301	301		[(a)] (b) Any [blind, deaf or mobility impaired] person with a 244
302	302		disability or any person training [a dog as a guide dog for a blind person 245
303	303		or an assistance dog to assist a deaf or mobility impaired person] an 246
304	304		animal as a service animal to assist a person with a disability may travel 247
305	305		on a train or on any other mode of public transportation, and may enter 248
306	306		any other place of public accommodation which caters or offers its 249
307	307		services or facilities or goods to the general public, including but not 250
308	308		limited to, any public building, inn, restaurant, hotel, motel, tourist 251 Substitute Bill No. 6318
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315	315		cabin, place of amusement, resort or any facility of any such public 252
316	316		accommodation, accompanied by such person's [guide dog or assistance 253
317	317		dog] service animal, and such person may keep such [dog] service 254
318	318		animal with him or her at all times in any such public accommodation 255
319	319		or facility thereof at no extra charge, provided such [dog] service animal 256
320	320		shall be in the direct custody and control of such person. [and shall be 257
321	321		wearing a harness or an orange-colored leash and collar.] 258
322	322		[(b)] (c) Any [blind, deaf or mobility impaired] person with a 259
323	323		disability or any person training [a dog as a guide dog for a blind person 260
324	324		or an assistance dog to assist a deaf or mobility impaired person] an 261
325	325		animal as a service animal for a person with a disability shall be entitled 262
326	326		to visit any place of public accommodation, resort or amusement or a 263
327	327		dwelling as a guest of a lawful occupant thereof, accompanied by such 264
328	328		person's [guide dog or assistance dog] service animal, and such person 265
329	329		may keep such [dog] service animal with him or her at all times in such 266
330	330		public accommodation, resort, amusement or dwelling at no extra 267
331	331		charge, provided such [dog] service animal shall be in the direct custody 268
332	332		and control of such person. [and shall be wearing a harness or an 269
333	333		orange-colored leash and collar.] No such [blind, deaf or mobility 270
334	334		impaired] person with a disability or person training [a dog as a guide 271
335	335		dog or an assistance dog] an animal as a service animal shall be charged 272
336	336		any fee not applicable alike to all guests, provided the owner of such 273
337	337		[dog] service animal shall be liable for any damage done to the premises 274
338	338		or facilities by such [dog] service animal. For the purposes of this 275
339	339		subsection, (1) a "place of public accommodation, resort or amusement" 276
340	340		means any establishment which caters or offers its services or facilities 277
341	341		or goods to the general public, including, but not limited to, any 278
342	342		commercial building lot, on which it is intended that a commercial 279
343	343		property or building will be constructed or offered for sale or rent, and 280
344	344		(2) "dwelling" means any building, structure, mobile manufactured 281
345	345		home park or portion thereof which is occupied as, or designed or 282
346	346		intended for occupancy as, a residence by one or more families, and any 283
347	347		vacant land which is offered for sale or lease for the construction or 284
348	348		location thereon of any such building, structure, mobile manufactured 285 Substitute Bill No. 6318
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355	355		home park or portion thereof, provided the provisions of this subsection 286
356	356		shall not apply to (A) the rental of a room or rooms in a single-family 287
357	357		dwelling unit, if the owner actually maintains and occupies part of such 288
358	358		living quarters as the owner's residence or (B) a unit in a dwelling 289
359	359		containing living quarters occupied or intended to be occupied by no 290
360	360		more than two families living independently of each other, if the owner 291
361	361		actually maintains and occupies the other such living quarters as the 292
362	362		owner's residence. 293
363	363		[(c)] (d) Any person who intentionally interferes with [a blind, deaf 294
364	364		or mobility impaired person's use of a guide dog or an assistance dog] 295
365	365		the use of a service animal by a person with a disability, including, but 296
366	366		not limited to, any action intended to harass or annoy the [blind, deaf or 297
367	367		mobility impaired] person, the person training [a dog as a guide dog or 298
368	368		assistance dog or the guide dog or assistance dog] an animal as a service 299
369	369		animal, or who denies the rights afforded to a [blind, deaf or mobility 300
370	370		impaired] person with a disability or person training [a dog as a guide 301
371	371		dog or an assistance dog] an animal as a service animal under subsection 302
372	372		[(a)] (b) or [(b)] (c) of this section shall be guilty of a class C 303
373	373		misdemeanor, provided such [blind, deaf or mobility impaired] person 304
374	374		with a disability or person training [a dog as a guide dog or an assistance 305
375	375		dog] an animal as a service animal complies with the applicable 306
376	376		provisions of subsection [(a)] (b) or [(b)] (c) of this section. 307
377	377		[(d) For the purposes of this section, "guide dog" or "assistance dog" 308
378	378		includes a dog being trained as a guide dog or assistance dog and 309
379	379		"person training a dog as a guide dog for a blind person or an assistance 310
380	380		dog to assist a deaf or mobility impaired person" means a person who 311
381	381		is employed by and authorized to engage in designated training 312
382	382		activities by a guide dog organization or assistance dog organization 313
383	383		that complies with the criteria for membership in a professional 314
384	384		association of guide dog or assistance dog schools and who carries 315
385	385		photographic identification indicating such employment and 316
386	386		authorization, or a person who volunteers for a guide dog organization 317
387	387		or assistance dog organization that authorizes such volunteers to raise 318 Substitute Bill No. 6318
388	388
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393	393
394	394		dogs to become guide dogs or assistance dogs and causes the 319
395	395		identification of such dog with (1) identification tags, (2) ear tattoos, (3) 320
396	396		identifying bandanas on puppies, (4) identifying coats on adult dogs, or 321
397	397		(5) leashes and collars.] 322
398	398		Sec. 10. Subsection (a) of section 46a-64 of the general statutes is 323
399	399		repealed and the following is substituted in lieu thereof (Effective July 1, 324
400	400		2021): 325
401	401		(a) It shall be a discriminatory practice in violation of this section: (1) 326
402	402		To deny any person within the jurisdiction of this state full and equal 327
403	403		accommodations in any place of public accommodation, resort or 328
404	404		amusement because of race, creed, color, national origin, ancestry, sex, 329
405	405		gender identity or expression, marital status, age, lawful source of 330
406	406		income, intellectual disability, mental disability, physical disability, 331
407	407		including, but not limited to, blindness or deafness, or status as a 332
408	408		veteran, of the applicant, subject only to the conditions and limitations 333
409	409		established by law and applicable alike to all persons; (2) to 334
410	410		discriminate, segregate or separate on account of race, creed, color, 335
411	411		national origin, ancestry, sex, gender identity or expression, marital 336
412	412		status, age, lawful source of income, intellectual disability, mental 337
413	413		disability, learning disability, physical disability, including, but not 338
414	414		limited to, blindness or deafness, or status as a veteran; (3) for a place of 339
415	415		public accommodation, resort or amusement to restrict or limit the right 340
416	416		of a mother to breast-feed her child; (4) for a place of public 341
417	417		accommodation, resort or amusement to [fail or refuse to post a notice, 342
418	418		in a conspicuous place, that any blind, deaf or mobility impaired person, 343
419	419		accompanied by his guide dog wearing a harness or an orange-colored 344
420	420		leash and collar, may enter such premises or facilities] refuse entry to a 345
421	421		person with a disability who is accompanied by a service animal; or (5) 346
422	422		to deny any [blind, deaf or mobility impaired] person with a disability 347
423	423		or any person training [a dog as a guide dog for a blind person or a dog 348
424	424		to assist a deaf or mobility impaired] an animal as a service animal to 349
425	425		assist a person with a disability, accompanied by his [guide dog or 350
426	426		assistance dog] or her service animal, full and equal access to any place 351 Substitute Bill No. 6318
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432	432
433	433		of public accommodation, resort or amusement. Any [blind, deaf or 352
434	434		mobility impaired] person with a disability or any person training [a 353
435	435		dog as a guide dog for a blind person or a dog to assist a deaf or mobility 354
436	436		impaired person] an animal as a service animal may keep his [guide dog 355
437	437		or assistance dog with him] or her service animal at all times in such 356
438	438		place of public accommodation, resort or amusement at no extra charge, 357
439	439		provided [the dog wears a harness or an orange-colored leash and collar 358
440	440		and] such service animal is in the direct custody and control of such 359
441	441		person. [The blind, deaf or mobility impaired person or person training 360
442	442		a dog as a guide dog for a blind person or a dog to assist a deaf or 361
443	443		mobility impaired person shall be liable for any damage done to the 362
444	444		premises or facilities by his dog. For purposes of this subdivision, "guide 363
445	445		dog" or "assistance dog" includes a dog being trained as a guide dog or 364
446	446		assistance dog and "person training a dog as a guide dog for a blind 365
447	447		person or a dog to assist a deaf or mobility impaired person" means a 366
448	448		person who is employed by and authorized to engage in designated 367
449	449		training activities by a guide dog organization or assistance dog 368
450	450		organization that complies with the criteria for membership in a 369
451	451		professional association of guide dog or assistance dog schools and who 370
452	452		carries photographic identification indicating such employment and 371
453	453		authorization.] When it is not obvious what service an animal provides, 372
454	454		staff of a public accommodation, resort or amusement may inquire of 373
455	455		the owner or keeper whether such animal is a service animal required 374
456	456		because of a disability and what work or task the animal has been 375
457	457		trained to perform. Nothing in this subsection shall preclude a business 376
458	458		owner's ability to recover for damage caused to a person or property by 377
459	459		a service animal. 378
460	460		Sec. 11. Section 52-175a of the general statutes is repealed and the 379
461	461		following is substituted in lieu thereof (Effective July 1, 2021): 380
462	462		The failure of a blind person to use a [guide dog] service animal or to 381
463	463		carry a cane or walking stick which is predominantly white or metallic 382
464	464		in color, with or without red tip, shall not be construed as evidence of 383
465	465		comparative or contributory negligence in any negligence action. For 384 Substitute Bill No. 6318
466	466
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471	471
472	472		purposes of this section, "service animal" has the same meaning as 385
473	473		provided in 28 CFR 35.104, as amended from time to time, and includes 386
474	474		a service animal in training. 387
475	475		Sec. 12. Section 54-201 of the general statutes is repealed and the 388
476	476		following is substituted in lieu thereof (Effective July 1, 2021): 389
477	477		As used in sections 54-201 to 54-235, inclusive: 390
478	478		(1) "Victim" means a person who is injured or killed as provided in 391
479	479		section 54-209; 392
480	480		(2) "Personal injury" means (A) actual bodily harm or emotional harm 393
481	481		and includes pregnancy and any condition thereof, or (B) injury or death 394
482	482		to a service animal, as defined in 28 CFR 35.104, as amended from time 395
483	483		to time, owned or kept by a person with a disability; 396
484	484		(3) "Dependent" means any relative of a deceased victim or a person 397
485	485		designated by a deceased victim in accordance with section 1-56r who 398
486	486		was wholly or partially dependent upon his income at the time of his 399
487	487		death or the child of a deceased victim and shall include the child of 400
488	488		such victim born after his death; 401
489	489		(4) "Relative" means a person's spouse, parent, grandparent, 402
490	490		stepparent, aunt, uncle, niece, nephew, child, including a natural born 403
491	491		child, stepchild and adopted child, grandchild, brother, sister, half 404
492	492		brother or half sister or a parent of a person's spouse; 405
493	493		(5) "Crime" means any act which is a felony, as defined in section 53a-406
494	494		25, or misdemeanor, as defined in section 53a-26, and includes any crime 407
495	495		committed by a juvenile; and 408
496	496		(6) "Emotional harm" means a mental or emotional impairment that 409
497	497		requires treatment through services and that is directly attributable to a 410
498	498		threat of (A) physical injury, as defined in subdivision (3) of section 53a-411
499	499		3, or (B) death to the affected person. 412 Substitute Bill No. 6318
500	500
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506	506		Sec. 13. (NEW) (Effective July 1, 2021) The Commission on Human 413
507	507		Rights and Opportunities, within available appropriations, shall make 414
508	508		available on its Internet web site links to educational materials on (1) the 415
509	509		differences between service animals, emotional support animals and 416
510	510		therapy animals, (2) the rights and responsibilities of an owner of each 417
511	511		such animal under state and federal law, and (3) permissible methods 418
512	512		under state and federal law for an owner of a place of public 419
513	513		accommodation, resort or amusement, as defined in section 46a-63 of 420
514	514		the general statutes, or a landlord to determine whether an animal is a 421
515	515		service animal, emotional support animal or therapy animal. For 422
516	516		purposes of this section, "service animal" has the same meaning as 423
517	517		provided in 28 CFR 35.104, as amended from time to time, and includes 424
518	518		a service animal in training. 425
519	519		Sec. 14. Section 46a-42 of the general statutes is repealed. (Effective July 426
520	520		1, 2021) 427
521	521		This act shall take effect as follows and shall amend the following
522	522		sections:
523	523
524	524		Section 1 July 1, 2021 5-247b
525	525		Sec. 2 July 1, 2021 New section
526	526		Sec. 3 July 1, 2021 13b-119(f)
527	527		Sec. 4 July 1, 2021 14-300
528	528		Sec. 5 July 1, 2021 22-345
529	529		Sec. 6 July 1, 2021 22-357(a)(3)
530	530		Sec. 7 July 1, 2021 22-358(c)
531	531		Sec. 8 July 1, 2021 22-364b
532	532		Sec. 9 July 1, 2021 46a-44
533	533		Sec. 10 July 1, 2021 46a-64(a)
534	534		Sec. 11 July 1, 2021 52-175a
535	535		Sec. 12 July 1, 2021 54-201
536	536		Sec. 13 July 1, 2021 New section
537	537		Sec. 14 July 1, 2021 Repealer section
538	538
539	539		HS Joint Favorable Subst.
540		-	LAB Joint Favorable Substitute Bill No. 6318
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