Connecticut 2021 Regular Session

Connecticut House Bill HB06318 Latest Draft

Bill / Comm Sub Version Filed 04/20/2021

                             
 
LCO    \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06318-R02-
HB.docx  
1 of 14 
  
General Assembly  Substitute Bill No. 6318  
January Session, 2021 
 
 
 
AN ACT CONCERNING SE RVICE ANIMALS.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 5-247b of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective July 1, 2021): 2 
As used in this section, (1) "disability" means any one or more of the 3 
following, as defined in section 46a-51: (A) An "intellectual disability", 4 
(B) "physically disabled", (C) a "mental disability", or (D) a "learning 5 
disability"; and (2) "service animal" has the same meaning as provided 6 
in 28 CFR 35.104, as amended from time to time, and includes a service 7 
animal in training. Each appointing authority shall grant to each full-8 
time employee in a permanent position in the state [service or full-time 9 
employee of a] or quasi-public agency who [(1) is blind or physically 10 
disabled, and (2)] (A) has a disability, and (B) has been employed for at 11 
least twelve consecutive months, the use of accumulated paid sick leave, 12 
not to exceed [fifteen] twenty days, to participate in training conducted 13 
by [a guide dog organization or assistance dog organization] an 14 
organization that trains service animals, provided such organization is 15 
a member of a professional association of [guide dog or assistance dog] 16 
service animal schools, to prepare the employee to handle a [guide dog 17 
or assistance dog] service animal for the employee's own use. The 18 
appointing authority may require up to seven days' advance notice of 19 
an employee's intention to use such leave and may require the employee 20 
to provide reasonable documentation that such leave is being taken for 21  Substitute Bill No. 6318 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06318-
R02-HB.docx }   
2 of 14 
 
the purpose permitted under this section.  22 
Sec. 2. (NEW) (Effective July 1, 2021) As used in this section, (1) 23 
"disability" means any one or more of the following, as defined in 24 
section 46a-51 of the general statutes: (A) An "intellectual disability", (B) 25 
"physically disabled", (C) a "mental disability", or (D) a "learning 26 
disability"; and (2) "service animal" has the same meaning as provided 27 
in 28 CFR 35.104, as amended from time to time, and includes a service 28 
animal in training. Each chief elected official or chief executive officer of 29 
a municipality shall grant to each full-time employee in a permanent 30 
position who (A) has a disability, and (B) has been employed for at least 31 
twelve consecutive months, the use of accumulated paid sick leave, not 32 
to exceed twenty days, to participate in training conducted by an 33 
organization that trains service animals, provided such organization is 34 
a member of a professional association of service animal schools, to 35 
prepare the employee to handle a service animal for the employee's own 36 
use. The chief elected official or chief executive officer may require up 37 
to seven days' advance notice of an employee's intention to use such 38 
leave and may require the employee to provide reasonable 39 
documentation that such leave is being taken for the purpose permitted 40 
under this section. 41 
Sec. 3. Subsection (f) of section 13b-119 of the general statutes is 42 
repealed and the following is substituted in lieu thereof (Effective July 1, 43 
2021): 44 
(f) A transportation network company driver shall: (1) Comply with 45 
all applicable laws regarding nondiscrimination against transportation 46 
network company riders or potential transportation network company 47 
riders on the basis of age, color, creed, destination, intellectual or 48 
physical disability, national origin, race, sex, sexual orientation or 49 
gender identity; (2) comply with all applicable laws relating to the 50 
accommodation of service animals and accommodate service animals 51 
without imposing additional charges for such accommodation; (3) 52 
comply with the policies adopted by the transportation network 53 
company pursuant to subsection (c) of section 13b-118 and subsections 54  Substitute Bill No. 6318 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06318-
R02-HB.docx }   
3 of 14 
 
(d) and (e) of this section; (4) not impose additional charges for 55 
providing prearranged rides to persons with physical disabilities 56 
because of such disabilities; and (5) not solicit or accept a request for 57 
transportation unless the request is accepted through the transportation 58 
network company's digital network. For purposes of this subsection, 59 
"service animal" has the same meaning as provided in 28 CFR 35.104, as 60 
amended from time to time, and includes a service animal in training. 61 
Sec. 4. Section 14-300 of the general statutes is repealed and the 62 
following is substituted in lieu thereof (Effective July 1, 2021): 63 
(a) As used in this section and section 14-300i, "service animal" has 64 
the same meaning as provided in 28 CFR 35.104, as amended from time 65 
to time, and includes a service animal in training. The traffic authority 66 
shall have power to designate, by appropriate official traffic control 67 
devices, as defined in section 14-297, or markers, or by lines upon the 68 
surface of the highway, such crosswalks and intersections as, in its 69 
opinion, constitute a danger to pedestrians crossing the highway 70 
including, but not limited to, specially marked crosswalks in the vicinity 71 
of schools, which crosswalks shall have distinctive markings, in 72 
accordance with the regulations of the Office of the State Traffic 73 
Administration, to denote use of such crosswalks by school children; 74 
and may maintain suitable signs located at intervals along highways, 75 
particularly where there are no sidewalks, directing pedestrians to walk 76 
facing vehicular traffic. 77 
(b) At any intersection where special pedestrian-control signals 78 
bearing the words "Walk" or "Don't Walk" are placed, pedestrians may 79 
cross the highway only as indicated by the signal. At any intersection 80 
where traffic is controlled by other traffic control signals or by police 81 
officers, pedestrians shall not cross the highway against a red or "Stop" 82 
signal and shall not cross at any place not a marked or unmarked 83 
crosswalk. A pedestrian started or starting across the highway on a 84 
"Walk" signal or on any such crosswalk on a green or "Go" signal shall 85 
have the right-of-way over all vehicles, including those making turns, 86 
until such pedestrian has reached the opposite curb or safety zone. 87  Substitute Bill No. 6318 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06318-
R02-HB.docx }   
4 of 14 
 
(c) Except as provided in subsection (c) of section 14-300c, at any 88 
crosswalk marked as provided in subsection (a) of this section or any 89 
unmarked crosswalk, provided such crosswalks are not controlled by 90 
police officers or traffic control signals, each operator of a vehicle shall 91 
grant the right-of-way, and slow or stop such vehicle if necessary to so 92 
grant the right-of-way, to any pedestrian crossing the roadway within 93 
such crosswalk, provided such pedestrian steps off the curb or into the 94 
crosswalk at the entrance to a crosswalk or is within that half of the 95 
roadway upon which such operator of a vehicle is traveling, or such 96 
pedestrian steps off the curb or into the crosswalk at the entrance to a 97 
crosswalk or is crossing the roadway within such crosswalk from that 98 
half of the roadway upon which such operator is not traveling. No 99 
operator of a vehicle approaching from the rear shall overtake and pass 100 
any vehicle, the operator of which has stopped at any crosswalk marked 101 
as provided in subsection (a) of this section or any unmarked crosswalk 102 
to permit a pedestrian to cross the roadway. The operator of any vehicle 103 
crossing a sidewalk shall yield the right-of-way to each pedestrian and 104 
all other traffic upon such sidewalk.  105 
(d) The operator of a motor vehicle who approaches or comes into the 106 
immediate vicinity of a pedestrian who is blind, as defined in subsection 107 
(a) of section 1-1f, carrying a white cane or a white cane tipped with red, 108 
or a pedestrian being guided by a [guide dog] service animal, shall 109 
reduce speed or stop, if necessary, to yield the right-of-way to such 110 
pedestrian. No person, except one who is blind, shall carry or use on any 111 
street or highway, or in any other public place, a cane or walking stick 112 
which is white in color or white, tipped with red. 113 
(e) Any crosswalk designated by a traffic authority on or after 114 
October 1, 2010, pursuant to subsection (a) of this section shall be 115 
required by such authority to have markings, signage, or any control 116 
signals deemed necessary by such authority to provide sufficient time 117 
for the safe crossing of pedestrians.  118 
(f) The operator of any motor vehicle who violates this section shall 119 
be fined not more than five hundred dollars. 120  Substitute Bill No. 6318 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06318-
R02-HB.docx }   
5 of 14 
 
(g) In any civil action arising under subsection (c) or (d) of this section 121 
or sections 14-300b to 14-300d, inclusive, the doctrine of negligence per 122 
se shall not apply.  123 
Sec. 5. Section 22-345 of the general statutes is repealed and the 124 
following is substituted in lieu thereof (Effective July 1, 2021): 125 
As used in this section and sections 22-357, 22-358 and 22-364b, as 126 
amended by this act, (1) "disability" means any one or more of the 127 
following, as defined in section 46a-51: (A) An "intellectual disability", 128 
(B) "physically disabled", (C) a "mental disability", or (D) a "learning 129 
disability"; and (2) "service animal" has the same meaning as provided 130 
in 28 CFR 35.104, as amended from time to time, and includes a service 131 
animal in training. Any [blind, deaf or mobility impaired] person with 132 
a disability who is the owner or keeper of a dog [which has been trained 133 
and educated to guide and assist such person in traveling upon the 134 
public streets or highways or otherwise] that has been trained as a 135 
service animal shall receive a license and tag for such dog from the town 136 
clerk of the town where such dog is owned or kept. Such license and tag 137 
shall be issued in accordance with the provisions of section 22-340, and 138 
no fee shall be required of the owner or keeper of any such dog. When 139 
any such dog has not been previously licensed by the town clerk to 140 
whom application is being made, and it is not obvious that the dog is a 141 
service animal, such town clerk [shall not license such dog or issue to 142 
the owner a license and tag unless written evidence is exhibited to such 143 
clerk that the dog is trained and educated and intended in fact to 144 
perform such guide service for such applicant] may inquire of such 145 
owner or keeper whether the dog is a service animal required because 146 
of a disability and what work or task the dog has been trained to 147 
perform. Any person who has a dog placed with such person 148 
temporarily, including for breeding purposes, by a nonprofit 149 
organization established for the purpose of training or educating [guide 150 
dogs to so assist blind, deaf or mobility impaired persons] the dog as a 151 
service animal shall receive a license and tag for such dog from the town 152 
clerk of the town where such dog is kept. Such license and tag shall be 153  Substitute Bill No. 6318 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06318-
R02-HB.docx }   
6 of 14 
 
issued in accordance with the provisions of section 22-340, and no fee 154 
shall be required for such license and tag, provided such person 155 
presents written evidence that such dog was placed with such person 156 
by such organization. [As used in this section and section 46a-44, "deaf 157 
person" means a person who cannot readily understand spoken 158 
language through hearing alone and who may also have a speech defect 159 
which renders such person's speech unintelligible to most people with 160 
normal hearing.]  161 
Sec. 6. Subdivision (3) of subsection (a) of section 22-357 of the general 162 
statutes is repealed and the following is substituted in lieu thereof 163 
(Effective July 1, 2021): 164 
(3) "The amount of such damage", with respect to a companion 165 
animal, includes expenses of veterinary care, the fair monetary value of 166 
the companion animal, including all training expenses for a [guide dog] 167 
service animal owned by a [blind person or an assistance dog owned by 168 
a deaf or mobility impaired person] person with a disability and burial 169 
expenses for the companion animal. 170 
Sec. 7. Subsection (c) of section 22-358 of the general statutes is 171 
repealed and the following is substituted in lieu thereof (Effective July 1, 172 
2021): 173 
(c) The commissioner, the Chief Animal Control Officer, any animal 174 
control officer, any municipal animal control officer or any regional 175 
animal control officer may make any order concerning the restraint or 176 
disposal of any biting dog, cat or other animal as the commissioner or 177 
such officer deems necessary. Notice of any such order shall be given to 178 
the person bitten by such dog, cat or other animal within twenty-four 179 
hours. The owner of such animal shall pay all fees as set forth in section 180 
22-333. Any owner or keeper of such dog, cat or other animal who fails 181 
to comply with such order shall be guilty of a class D misdemeanor. If 182 
an owner or keeper fails to comply with a restraining order made 183 
pursuant to this subsection, the Chief Animal Control Officer, any 184 
animal control officer, any municipal animal control officer or any 185  Substitute Bill No. 6318 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06318-
R02-HB.docx }   
7 of 14 
 
regional animal control officer may seize the dog, cat or other animal to 186 
ensure such compliance and the owner or keeper shall be responsible 187 
for any expenses resulting from such seizure. Any person aggrieved by 188 
an order of any municipal animal control officer, the Chief Animal 189 
Control Officer, any animal control officer or any regional animal 190 
control officer may request a hearing before the commissioner within 191 
fourteen days of the issuance of such order. Any order issued pursuant 192 
to this section that requires the restraint of an animal shall be effective 193 
upon its issuance and shall remain in effect during any appeal of such 194 
order to the commissioner. After such hearing, the commissioner may 195 
affirm, modify or revoke such order as the commissioner deems proper. 196 
Any dog owned by a police agency of the state or any of its political 197 
subdivisions is exempt from the provisions of this subsection when such 198 
dog is under the direct supervision, care and control of an assigned 199 
police officer, is currently vaccinated and is subject to routine veterinary 200 
care. Any [guide dog] service animal owned or in the custody and 201 
control of a [blind person or a person with a mobility impairment] 202 
person with a disability is exempt from the provisions of this subsection 203 
when such [guide dog] service animal is under the direct supervision, 204 
care and control of such person, is currently vaccinated and is subject to 205 
routine veterinary care. 206 
Sec. 8. Section 22-364b of the general statutes is repealed and the 207 
following is substituted in lieu thereof (Effective July 1, 2021): 208 
The owner or keeper of a dog shall restrain and control such dog on 209 
a leash when such dog is not on the property of its owner or keeper and 210 
is in proximity to a [blind, deaf or mobility impaired] person with a 211 
disability accompanied by his [guide dog] or her service animal, 212 
provided the [guide dog] service animal is in the direct custody of such 213 
[blind, deaf or mobility impaired person, is wearing a harness or an 214 
orange-colored leash and collar which makes it readily-identifiable as a 215 
guide dog] person, is wearing a harness or a vest readily identifying the 216 
animal as a service animal and is licensed in accordance with section 22-217 
345, as amended by this act. Any person who violates the provisions of 218  Substitute Bill No. 6318 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06318-
R02-HB.docx }   
8 of 14 
 
this section shall have committed an infraction. If an owner or keeper of 219 
a dog violates the provisions of this section and, as a result of such 220 
violation, such dog attacks and injures the [guide dog] service animal, 221 
such owner or keeper shall be liable, as provided in section 22-357, as 222 
amended by this act, for any damage done to such [guide dog] service 223 
animal, and such liability shall include liability for any costs incurred by 224 
such [blind, deaf or mobility-impaired] person with a disability for the 225 
veterinary care, rehabilitation or replacement of the injured [guide dog] 226 
service animal and for reasonable attorney's fees.  227 
Sec. 9. Section 46a-44 of the general statutes is repealed and the 228 
following is substituted in lieu thereof (Effective July 1, 2021): 229 
(a) As used in this section and section 46a-64, as amended by this act, 230 
(1) "disability" means any one or more of the following, as defined in 231 
section 46a-51: (A) An "intellectual disability", (B) "physically disabled", 232 
(C) a "mental disability", or (D) a "learning disability"; (2) "service 233 
animal" has the same meaning as provided in 28 CFR 35.104, as 234 
amended from time to time, and includes a service animal in training; 235 
and (3) "person training an animal as a service animal" means a person 236 
who (A) (i) is employed by an organization that trains service animals, 237 
(ii) complies with the criteria for membership in a professional 238 
association of schools that train service animals, (iii) is authorized to 239 
engage in designated training activities, and (iv) carries photographic 240 
identification indicating such employment and authorization, or (B)  241 
volunteers for an organization that (i) trains service animals, and (ii) 242 
authorizes volunteers to raise animals to become service animals. 243 
[(a)] (b) Any [blind, deaf or mobility impaired] person with a 244 
disability or any person training [a dog as a guide dog for a blind person 245 
or an assistance dog to assist a deaf or mobility impaired person] an 246 
animal as a service animal to assist a person with a disability may travel 247 
on a train or on any other mode of public transportation, and may enter 248 
any other place of public accommodation which caters or offers its 249 
services or facilities or goods to the general public, including but not 250 
limited to, any public building, inn, restaurant, hotel, motel, tourist 251  Substitute Bill No. 6318 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06318-
R02-HB.docx }   
9 of 14 
 
cabin, place of amusement, resort or any facility of any such public 252 
accommodation, accompanied by such person's [guide dog or assistance 253 
dog] service animal, and such person may keep such [dog] service 254 
animal with him or her at all times in any such public accommodation 255 
or facility thereof at no extra charge, provided such [dog] service animal 256 
shall be in the direct custody and control of such person. [and shall be 257 
wearing a harness or an orange-colored leash and collar.] 258 
[(b)] (c) Any [blind, deaf or mobility impaired] person with a 259 
disability or any person training [a dog as a guide dog for a blind person 260 
or an assistance dog to assist a deaf or mobility impaired person] an 261 
animal as a service animal for a person with a disability shall be entitled 262 
to visit any place of public accommodation, resort or amusement or a 263 
dwelling as a guest of a lawful occupant thereof, accompanied by such 264 
person's [guide dog or assistance dog] service animal, and such person 265 
may keep such [dog] service animal with him or her at all times in such 266 
public accommodation, resort, amusement or dwelling at no extra 267 
charge, provided such [dog] service animal shall be in the direct custody 268 
and control of such person. [and shall be wearing a harness or an 269 
orange-colored leash and collar.] No such [blind, deaf or mobility 270 
impaired] person with a disability or person training [a dog as a guide 271 
dog or an assistance dog] an animal as a service animal shall be charged 272 
any fee not applicable alike to all guests, provided the owner of such 273 
[dog] service animal shall be liable for any damage done to the premises 274 
or facilities by such [dog] service animal. For the purposes of this 275 
subsection, (1) a "place of public accommodation, resort or amusement" 276 
means any establishment which caters or offers its services or facilities 277 
or goods to the general public, including, but not limited to, any 278 
commercial building lot, on which it is intended that a commercial 279 
property or building will be constructed or offered for sale or rent, and 280 
(2) "dwelling" means any building, structure, mobile manufactured 281 
home park or portion thereof which is occupied as, or designed or 282 
intended for occupancy as, a residence by one or more families, and any 283 
vacant land which is offered for sale or lease for the construction or 284 
location thereon of any such building, structure, mobile manufactured 285  Substitute Bill No. 6318 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06318-
R02-HB.docx }   
10 of 14 
 
home park or portion thereof, provided the provisions of this subsection 286 
shall not apply to (A) the rental of a room or rooms in a single-family 287 
dwelling unit, if the owner actually maintains and occupies part of such 288 
living quarters as the owner's residence or (B) a unit in a dwelling 289 
containing living quarters occupied or intended to be occupied by no 290 
more than two families living independently of each other, if the owner 291 
actually maintains and occupies the other such living quarters as the 292 
owner's residence. 293 
[(c)] (d) Any person who intentionally interferes with [a blind, deaf 294 
or mobility impaired person's use of a guide dog or an assistance dog] 295 
the use of a service animal by a person with a disability, including, but 296 
not limited to, any action intended to harass or annoy the [blind, deaf or 297 
mobility impaired] person, the person training [a dog as a guide dog or 298 
assistance dog or the guide dog or assistance dog] an animal as a service 299 
animal, or who denies the rights afforded to a [blind, deaf or mobility 300 
impaired] person with a disability or person training [a dog as a guide 301 
dog or an assistance dog] an animal as a service animal under subsection 302 
[(a)] (b) or [(b)] (c) of this section shall be guilty of a class C 303 
misdemeanor, provided such [blind, deaf or mobility impaired] person 304 
with a disability or person training [a dog as a guide dog or an assistance 305 
dog] an animal as a service animal complies with the applicable 306 
provisions of subsection [(a)] (b) or [(b)] (c) of this section. 307 
[(d) For the purposes of this section, "guide dog" or "assistance dog" 308 
includes a dog being trained as a guide dog or assistance dog and 309 
"person training a dog as a guide dog for a blind person or an assistance 310 
dog to assist a deaf or mobility impaired person" means a person who 311 
is employed by and authorized to engage in designated training 312 
activities by a guide dog organization or assistance dog organization 313 
that complies with the criteria for membership in a professional 314 
association of guide dog or assistance dog schools and who carries 315 
photographic identification indicating such employment and 316 
authorization, or a person who volunteers for a guide dog organization 317 
or assistance dog organization that authorizes such volunteers to raise 318  Substitute Bill No. 6318 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06318-
R02-HB.docx }   
11 of 14 
 
dogs to become guide dogs or assistance dogs and causes the 319 
identification of such dog with (1) identification tags, (2) ear tattoos, (3) 320 
identifying bandanas on puppies, (4) identifying coats on adult dogs, or 321 
(5) leashes and collars.]  322 
Sec. 10. Subsection (a) of section 46a-64 of the general statutes is 323 
repealed and the following is substituted in lieu thereof (Effective July 1, 324 
2021): 325 
(a) It shall be a discriminatory practice in violation of this section: (1) 326 
To deny any person within the jurisdiction of this state full and equal 327 
accommodations in any place of public accommodation, resort or 328 
amusement because of race, creed, color, national origin, ancestry, sex, 329 
gender identity or expression, marital status, age, lawful source of 330 
income, intellectual disability, mental disability, physical disability, 331 
including, but not limited to, blindness or deafness, or status as a 332 
veteran, of the applicant, subject only to the conditions and limitations 333 
established by law and applicable alike to all persons; (2) to 334 
discriminate, segregate or separate on account of race, creed, color, 335 
national origin, ancestry, sex, gender identity or expression, marital 336 
status, age, lawful source of income, intellectual disability, mental 337 
disability, learning disability, physical disability, including, but not 338 
limited to, blindness or deafness, or status as a veteran; (3) for a place of 339 
public accommodation, resort or amusement to restrict or limit the right 340 
of a mother to breast-feed her child; (4) for a place of public 341 
accommodation, resort or amusement to [fail or refuse to post a notice, 342 
in a conspicuous place, that any blind, deaf or mobility impaired person, 343 
accompanied by his guide dog wearing a harness or an orange-colored 344 
leash and collar, may enter such premises or facilities] refuse entry to a 345 
person with a disability who is accompanied by a service animal; or (5) 346 
to deny any [blind, deaf or mobility impaired] person with a disability 347 
or any person training [a dog as a guide dog for a blind person or a dog 348 
to assist a deaf or mobility impaired] an animal as a service animal to 349 
assist a person with a disability, accompanied by his [guide dog or 350 
assistance dog] or her service animal, full and equal access to any place 351  Substitute Bill No. 6318 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06318-
R02-HB.docx }   
12 of 14 
 
of public accommodation, resort or amusement. Any [blind, deaf or 352 
mobility impaired] person with a disability or any person training [a 353 
dog as a guide dog for a blind person or a dog to assist a deaf or mobility 354 
impaired person] an animal as a service animal may keep his [guide dog 355 
or assistance dog with him] or her service animal at all times in such 356 
place of public accommodation, resort or amusement at no extra charge, 357 
provided [the dog wears a harness or an orange-colored leash and collar 358 
and] such service animal is in the direct custody and control of such 359 
person. [The blind, deaf or mobility impaired person or person training 360 
a dog as a guide dog for a blind person or a dog to assist a deaf or 361 
mobility impaired person shall be liable for any damage done to the 362 
premises or facilities by his dog. For purposes of this subdivision, "guide 363 
dog" or "assistance dog" includes a dog being trained as a guide dog or 364 
assistance dog and "person training a dog as a guide dog for a blind 365 
person or a dog to assist a deaf or mobility impaired person" means a 366 
person who is employed by and authorized to engage in designated 367 
training activities by a guide dog organization or assistance dog 368 
organization that complies with the criteria for membership in a 369 
professional association of guide dog or assistance dog schools and who 370 
carries photographic identification indicating such employment and 371 
authorization.] When it is not obvious what service an animal provides, 372 
staff of a public accommodation, resort or amusement may inquire of 373 
the owner or keeper whether such animal is a service animal required 374 
because of a disability and what work or task the animal has been 375 
trained to perform. Nothing in this subsection shall preclude a business 376 
owner's ability to recover for damage caused to a person or property by 377 
a service animal.  378 
Sec. 11. Section 52-175a of the general statutes is repealed and the 379 
following is substituted in lieu thereof (Effective July 1, 2021): 380 
The failure of a blind person to use a [guide dog] service animal or to 381 
carry a cane or walking stick which is predominantly white or metallic 382 
in color, with or without red tip, shall not be construed as evidence of 383 
comparative or contributory negligence in any negligence action. For 384  Substitute Bill No. 6318 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06318-
R02-HB.docx }   
13 of 14 
 
purposes of this section, "service animal" has the same meaning as 385 
provided in 28 CFR 35.104, as amended from time to time, and includes 386 
a service animal in training. 387 
Sec. 12. Section 54-201 of the general statutes is repealed and the 388 
following is substituted in lieu thereof (Effective July 1, 2021): 389 
As used in sections 54-201 to 54-235, inclusive: 390 
(1) "Victim" means a person who is injured or killed as provided in 391 
section 54-209; 392 
(2) "Personal injury" means (A) actual bodily harm or emotional harm 393 
and includes pregnancy and any condition thereof, or (B) injury or death 394 
to a service animal, as defined in 28 CFR 35.104, as amended from time 395 
to time, owned or kept by a person with a disability; 396 
(3) "Dependent" means any relative of a deceased victim or a person 397 
designated by a deceased victim in accordance with section 1-56r who 398 
was wholly or partially dependent upon his income at the time of his 399 
death or the child of a deceased victim and shall include the child of 400 
such victim born after his death; 401 
(4) "Relative" means a person's spouse, parent, grandparent, 402 
stepparent, aunt, uncle, niece, nephew, child, including a natural born 403 
child, stepchild and adopted child, grandchild, brother, sister, half 404 
brother or half sister or a parent of a person's spouse; 405 
(5) "Crime" means any act which is a felony, as defined in section 53a-406 
25, or misdemeanor, as defined in section 53a-26, and includes any crime 407 
committed by a juvenile; and 408 
(6) "Emotional harm" means a mental or emotional impairment that 409 
requires treatment through services and that is directly attributable to a 410 
threat of (A) physical injury, as defined in subdivision (3) of section 53a-411 
3, or (B) death to the affected person.  412  Substitute Bill No. 6318 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06318-
R02-HB.docx }   
14 of 15 
 
Sec. 13. (NEW) (Effective July 1, 2021) The Commission on Human 413 
Rights and Opportunities, within available appropriations, shall make 414 
available on its Internet web site links to educational materials on (1) the 415 
differences between service animals, emotional support animals and 416 
therapy animals, (2) the rights and responsibilities of an owner of each 417 
such animal under state and federal law, and (3) permissible methods 418 
under state and federal law for an owner of a place of public 419 
accommodation, resort or amusement, as defined in section 46a-63 of 420 
the general statutes, or a landlord to determine whether an animal is a 421 
service animal, emotional support animal or therapy animal. For 422 
purposes of this section, "service animal" has the same meaning as 423 
provided in 28 CFR 35.104, as amended from time to time, and includes 424 
a service animal in training. 425 
Sec. 14. Section 46a-42 of the general statutes is repealed. (Effective July 426 
1, 2021) 427 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2021 5-247b 
Sec. 2 July 1, 2021 New section 
Sec. 3 July 1, 2021 13b-119(f) 
Sec. 4 July 1, 2021 14-300 
Sec. 5 July 1, 2021 22-345 
Sec. 6 July 1, 2021 22-357(a)(3) 
Sec. 7 July 1, 2021 22-358(c) 
Sec. 8 July 1, 2021 22-364b 
Sec. 9 July 1, 2021 46a-44 
Sec. 10 July 1, 2021 46a-64(a) 
Sec. 11 July 1, 2021 52-175a 
Sec. 12 July 1, 2021 54-201 
Sec. 13 July 1, 2021 New section 
Sec. 14 July 1, 2021 Repealer section 
 
HS Joint Favorable Subst.  
LAB Joint Favorable   Substitute Bill No. 6318 
 
 
LCO    {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06318-
R02-HB.docx }   
15 of 15