Connecticut 2022 Regular Session

Connecticut House Bill HB05232 Compare Versions

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7	7		General Assembly Substitute Bill No. 5232
8	8		February Session, 2022
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14	14		AN ACT CONCERNING SERVICE ANIMALS.
15	15		Be it enacted by the Senate and House of Representatives in General
16	16		Assembly convened:
17	17
18	18		Section 1. Section 5-247b of the general statutes is repealed and the 1
19	19		following is substituted in lieu thereof (Effective from passage): 2
20	20		As used in this section, (1) "disability" means any one or more of the 3
21	21		following, as defined in section 46a-51: (A) An "intellectual disability", 4
22	22		(B) "physically disabled", (C) a "mental disability", or (D) a "learning 5
23	23		disability"; and (2) "service animal" has the same meaning as provided 6
24	24		in 28 CFR 35.104, as amended from time to time, and includes a service 7
25	25		animal in training. Each appointing authority shall grant to each full-8
26	26		time employee in a permanent position in [the state service or full-time 9
27	27		employee of] a state or a quasi-public agency who [(1) is blind or 10
28	28		physically disabled, and (2)] (A) has a disability, and (B) has been 11
29	29		employed for at least twelve consecutive months, the use of 12
30	30		accumulated paid sick leave, not to exceed [fifteen] twenty days, to 13
31	31		participate in training conducted by [a guide dog organization or 14
32	32		assistance dog organization] an organization that trains service animals, 15
33	33		provided such organization is a member of a professional association of 16
34	34		[guide dog or assistance dog] service animal schools, to prepare the 17
35	35		employee to handle a [guide dog or assistance dog] service animal for 18
36	36		the employee's own use. The appointing authority may require up to 19 Substitute Bill No. 5232
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43	43		seven days' advance notice of an employee's intention to use such leave 20
44	44		and may require the employee to provide reasonable documentation 21
45	45		that such leave is being taken for the purpose permitted under this 22
46	46		section. 23
47	47		Sec. 2. (NEW) (Effective from passage) As used in this section, (1) 24
48	48		"disability" means any one or more of the following, as defined in 25
49	49		section 46a-51 of the general statutes: (A) An "intellectual disability", (B) 26
50	50		"physically disabled", (C) a "mental disability", or (D) a "learning 27
51	51		disability"; and (2) "service animal" has the same meaning as provided 28
52	52		in 28 CFR 35.104, as amended from time to time, and includes a service 29
53	53		animal in training. Each chief elected official or chief executive officer of 30
54	54		a municipality shall grant to each full-time employee in a permanent 31
55	55		position who has a disability and has been employed for at least twelve 32
56	56		consecutive months, the use of accumulated paid sick leave, not to 33
57	57		exceed twenty days, to participate in training conducted by an 34
58	58		organization that trains service animals, provided such organization is 35
59	59		a member of a professional association of service animal schools, to 36
60	60		prepare the employee to handle a service animal for the employee's own 37
61	61		use. The chief elected official or chief executive officer may require up 38
62	62		to seven days' advance notice of an employee's intention to use such 39
63	63		leave and may require the employee to provide reasonable 40
64	64		documentation that such leave is being taken for the purpose permitted 41
65	65		under this section. 42
66	66		Sec. 3. Subsection (f) of section 13b-119 of the general statutes is 43
67	67		repealed and the following is substituted in lieu thereof (Effective from 44
68	68		passage): 45
69	69		(f) A transportation network company driver shall: (1) Comply with 46
70	70		all applicable laws regarding nondiscrimination against transportation 47
71	71		network company riders or potential transportation network company 48
72	72		riders on the basis of age, color, creed, destination, intellectual or 49
73	73		physical disability, national origin, race, sex, sexual orientation or 50
74	74		gender identity; (2) comply with all applicable laws relating to the 51
75	75		accommodation of service animals and accommodate service animals 52 Substitute Bill No. 5232
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82	82		without imposing additional charges for such accommodation; (3) 53
83	83		comply with the policies adopted by the transportation network 54
84	84		company pursuant to subsection (c) of section 13b-118 and subsections 55
85	85		(d) and (e) of this section; (4) not impose additional charges for 56
86	86		providing prearranged rides to persons with physical disabilities 57
87	87		because of such disabilities; and (5) not solicit or accept a request for 58
88	88		transportation unless the request is accepted through the transportation 59
89	89		network company's digital network. For purposes of this subsection, 60
90	90		"service animal" has the same meaning as provided in 28 CFR 35.104, as 61
91	91		amended from time to time, and includes a service animal in training. 62
92	92		Sec. 4. Section 14-300 of the 2022 supplement to the general statutes 63
93	93		is repealed and the following is substituted in lieu thereof (Effective from 64
94	94		passage): 65
95	95		(a) As used in this section and section 14-300i, "service animal" has 66
96	96		the same meaning as provided in 28 CFR 35.104, as amended from time 67
97	97		to time, and includes a service animal in training. The traffic authority 68
98	98		shall have power to designate, by appropriate official traffic control 69
99	99		devices, as defined in section 14-297, or markers, or by lines upon the 70
100	100		surface of the highway, such crosswalks and intersections as, in its 71
101	101		opinion, constitute a danger to pedestrians crossing the highway 72
102	102		including, but not limited to, specially marked crosswalks in the vicinity 73
103	103		of schools, which crosswalks shall have distinctive markings, in 74
104	104		accordance with the regulations of the Office of the State Traffic 75
105	105		Administration, to denote use of such crosswalks by school children; 76
106	106		and may maintain suitable signs located at intervals along highways, 77
107	107		particularly where there are no sidewalks, directing pedestrians to walk 78
108	108		facing vehicular traffic. 79
109	109		(b) At any intersection where special pedestrian-control signals 80
110	110		bearing the words "Walk" or "Don't Walk" are placed, pedestrians may 81
111	111		cross the highway only as indicated by the signal. At any intersection 82
112	112		where traffic is controlled by other traffic control signals or by police 83
113	113		officers, pedestrians shall not cross the highway against a red or "Stop" 84
114	114		signal and shall not cross at any place not a marked or unmarked 85 Substitute Bill No. 5232
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121	121		crosswalk. A pedestrian started or starting across the highway on a 86
122	122		"Walk" signal or on any such crosswalk on a green or "Go" signal shall 87
123	123		have the right-of-way over all vehicles, including those making turns, 88
124	124		until such pedestrian has reached the opposite curb or safety zone. 89
125	125		(c) Except as provided in subsection (c) of section 14-300c, at any 90
126	126		crosswalk marked as provided in subsection (a) of this section or any 91
127	127		unmarked crosswalk, provided such crosswalks are not controlled by 92
128	128		police officers or traffic control signals, each operator of a vehicle shall 93
129	129		grant the right-of-way, and slow or stop such vehicle if necessary to so 94
130	130		grant the right-of-way, to any pedestrian crossing the roadway within 95
131	131		such crosswalk. For the purposes of this subsection, a pedestrian is 96
132	132		"crossing the roadway within such crosswalk" when the pedestrian (1) 97
133	133		is within any portion of the crosswalk, (2) steps to the curb at the 98
134	134		entrance to the crosswalk and indicates his or her intent to cross the 99
135	135		roadway by raising his or her hand and arm toward oncoming traffic, 100
136	136		or (3) indicates his or her intent to cross the roadway by moving any 101
137	137		part of his or her body or an extension thereof, including, but not limited 102
138	138		to, a wheelchair, cane, walking stick, crutch, bicycle, electric bicycle, 103
139	139		stroller, carriage, cart or leashed or harnessed dog, into the crosswalk at 104
140	140		the entrance to the crosswalk. No operator of a vehicle approaching 105
141	141		from the rear shall overtake and pass any vehicle, the operator of which 106
142	142		has stopped at any crosswalk marked as provided in subsection (a) of 107
143	143		this section or any unmarked crosswalk to permit a pedestrian to cross 108
144	144		the roadway. The operator of any vehicle crossing a sidewalk shall yield 109
145	145		the right-of-way to each pedestrian and all other traffic upon such 110
146	146		sidewalk. 111
147	147		(d) The operator of a motor vehicle who approaches or comes into the 112
148	148		immediate vicinity of a pedestrian who is blind, as defined in subsection 113
149	149		(a) of section 1-1f, carrying a white cane or a white cane tipped with red, 114
150	150		or a pedestrian being guided by a [guide dog] service animal, shall 115
151	151		reduce speed or stop, if necessary, to yield the right-of-way to such 116
152	152		pedestrian. No person, except one who is blind, shall carry or use on any 117
153	153		street or highway, or in any other public place, a cane or walking stick 118 Substitute Bill No. 5232
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160	160		which is white in color or white, tipped with red. 119
161	161		(e) Any crosswalk designated by a traffic authority on or after 120
162	162		October 1, 2010, pursuant to subsection (a) of this section shall be 121
163	163		required by such authority to have markings, signage, or any control 122
164	164		signals deemed necessary by such authority to provide sufficient time 123
165	165		for the safe crossing of pedestrians. 124
166	166		(f) The operator of any motor vehicle who violates this section shall 125
167	167		be fined not more than five hundred dollars. 126
168	168		(g) In any civil action arising under subsection (c) or (d) of this section 127
169	169		or sections 14-300b to 14-300d, inclusive, the doctrine of negligence per 128
170	170		se shall not apply. 129
171	171		Sec. 5. Section 22-345 of the general statutes is repealed and the 130
172	172		following is substituted in lieu thereof (Effective from passage): 131
173	173		As used in this section and sections 22-357, as amended by this act, 132
174	174		22-358, as amended by this act, and 22-364b, as amended by this act, (1) 133
175	175		"disability" means any one or more of the following, as defined in 134
176	176		section 46a-51: (A) An "intellectual disability", (B) "physically disabled", 135
177	177		(C) a "mental disability", or (D) a "learning disability"; and (2) "service 136
178	178		animal" has the same meaning as provided in 28 CFR 35.104, as 137
179	179		amended from time to time, and includes a service animal in training. 138
180	180		Any [blind, deaf or mobility impaired] person with a disability who is 139
181	181		the owner or keeper of a dog [which has been trained and educated to 140
182	182		guide and assist such person in traveling upon the public streets or 141
183	183		highways or otherwise] that has been trained as a service animal shall 142
184	184		receive a license and tag for such dog from the town clerk of the town 143
185	185		where such dog is owned or kept. Such license and tag shall be issued 144
186	186		in accordance with the provisions of section 22-340, and no fee shall be 145
187	187		required of the owner or keeper of any such dog. When any such dog 146
188	188		has not been previously licensed by the town clerk to whom application 147
189	189		is being made, and it is not obvious that the dog is a service animal, such 148
190	190		town clerk [shall not license such dog or issue to the owner a license and 149 Substitute Bill No. 5232
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197	197		tag unless written evidence is exhibited to such clerk that the dog is 150
198	198		trained and educated and intended in fact to perform such guide service 151
199	199		for such applicant] may inquire of such owner or keeper whether the 152
200	200		dog is a service animal required because of a disability and what work 153
201	201		or task the dog has been trained to perform. Any person who has a dog 154
202	202		placed with such person temporarily, including for breeding purposes, 155
203	203		by a nonprofit organization established for the purpose of training or 156
204	204		educating [guide dogs to so assist blind, deaf or mobility impaired 157
205	205		persons] the dog as a service animal shall receive a license and tag for 158
206	206		such dog from the town clerk of the town where such dog is kept. Such 159
207	207		license and tag shall be issued in accordance with the provisions of 160
208	208		section 22-340, and no fee shall be required for such license and tag, 161
209	209		provided such person presents written evidence that such dog was 162
210	210		placed with such person by such organization. [As used in this section 163
211	211		and section 46a-44, "deaf person" means a person who cannot readily 164
212	212		understand spoken language through hearing alone and who may also 165
213	213		have a speech defect which renders such person's speech unintelligible 166
214	214		to most people with normal hearing.] 167
215	215		Sec. 6. Subdivision (3) of subsection (a) of section 22-357 of the general 168
216	216		statutes is repealed and the following is substituted in lieu thereof 169
217	217		(Effective from passage): 170
218	218		(3) "The amount of such damage", with respect to a companion 171
219	219		animal, includes expenses of veterinary care, the fair monetary value of 172
220	220		the companion animal, including all training expenses for a [guide dog] 173
221	221		service animal owned by a [blind person or an assistance dog owned by 174
222	222		a deaf or mobility impaired] person with a disability and burial 175
223	223		expenses for the companion animal. 176
224	224		Sec. 7. Subsection (c) of section 22-358 of the general statutes is 177
225	225		repealed and the following is substituted in lieu thereof (Effective from 178
226	226		passage): 179
227	227		(c) The commissioner, the Chief Animal Control Officer, any animal 180
228	228		control officer, any municipal animal control officer or any regional 181 Substitute Bill No. 5232
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235	235		animal control officer may make any order concerning the restraint or 182
236	236		disposal of any biting dog, cat or other animal as the commissioner or 183
237	237		such officer deems necessary. Notice of any such order shall be given to 184
238	238		the person bitten by such dog, cat or other animal within twenty-four 185
239	239		hours. The owner of such animal shall pay all fees as set forth in section 186
240	240		22-333. Any owner or keeper of such dog, cat or other animal who fails 187
241	241		to comply with such order shall be guilty of a class D misdemeanor. If 188
242	242		an owner or keeper fails to comply with a restraining order made 189
243	243		pursuant to this subsection, the Chief Animal Control Officer, any 190
244	244		animal control officer, any municipal animal control officer or any 191
245	245		regional animal control officer may seize the dog, cat or other animal to 192
246	246		ensure such compliance and the owner or keeper shall be responsible 193
247	247		for any expenses resulting from such seizure. Any person aggrieved by 194
248	248		an order of any municipal animal control officer, the Chief Animal 195
249	249		Control Officer, any animal control officer or any regional animal 196
250	250		control officer may request a hearing before the commissioner within 197
251	251		fourteen days of the issuance of such order. Any order issued pursuant 198
252	252		to this section that requires the restraint of an animal shall be effective 199
253	253		upon its issuance and shall remain in effect during any appeal of such 200
254	254		order to the commissioner. After such hearing, the commissioner may 201
255	255		affirm, modify or revoke such order as the commissioner deems proper. 202
256	256		Any dog owned by a police agency of the state or any of its political 203
257	257		subdivisions is exempt from the provisions of this subsection when such 204
258	258		dog is under the direct supervision, care and control of an assigned 205
259	259		police officer, is currently vaccinated and is subject to routine veterinary 206
260	260		care. Any [guide dog] service animal owned or in the custody and 207
261	261		control of a [blind person or a person with a mobility impairment] 208
262	262		person with a disability is exempt from the provisions of this subsection 209
263	263		when such [guide dog] service animal is under the direct supervision, 210
264	264		care and control of such person, is currently vaccinated and is subject to 211
265	265		routine veterinary care. 212
266	266		Sec. 8. Section 22-364b of the general statutes is repealed and the 213
267	267		following is substituted in lieu thereof (Effective from passage): 214 Substitute Bill No. 5232
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274	274		The owner or keeper of a dog shall restrain and control such dog on 215
275	275		a leash when such dog is not on the property of its owner or keeper and 216
276	276		is in proximity to a [blind, deaf or mobility impaired] person with a 217
277	277		disability accompanied by [his guide dog] his or her service animal, 218
278	278		provided the [guide dog] service animal is in the direct custody of such 219
279	279		[blind, deaf or mobility impaired person, is wearing a harness or an 220
280	280		orange-colored leash and collar which makes it readily-identifiable as a 221
281	281		guide dog] person, is wearing a harness or a vest readily identifying the 222
282	282		animal as a service animal and is licensed in accordance with section 22-223
283	283		345, as amended by this act. Any person who violates the provisions of 224
284	284		this section shall have committed an infraction. If an owner or keeper of 225
285	285		a dog violates the provisions of this section and, as a result of such 226
286	286		violation, such dog attacks and injures the [guide dog] service animal, 227
287	287		such owner or keeper shall be liable, as provided in section 22-357, as 228
288	288		amended by this act, for any damage done to such [guide dog] service 229
289	289		animal, and such liability shall include liability for any costs incurred by 230
290	290		such [blind, deaf or mobility-impaired] person for the veterinary care, 231
291	291		rehabilitation or replacement of the injured [guide dog] service animal 232
292	292		and for reasonable attorney's fees. 233
293	293		Sec. 9. Section 46a-44 of the general statutes is repealed and the 234
294	294		following is substituted in lieu thereof (Effective from passage): 235
295	295		(a) As used in this section and section 46a-64, as amended by this act, 236
296	296		(1) "disability" means any one or more of the following, as defined in 237
297	297		section 46a-51: (A) An "intellectual disability", (B) "physically disabled", 238
298	298		(C) a "mental disability", or (D) a "learning disability"; (2) "service 239
299	299		animal" has the same meaning as provided in 28 CFR 35.104, as 240
300	300		amended from time to time, and includes a service animal in training; 241
301	301		and (3) "person training an animal as a service animal" means a person 242
302	302		who (A) (i) is employed by an organization that trains service animals, 243
303	303		(ii) complies with the criteria for membership in a professional 244
304	304		association of schools that train service animals, (iii) is authorized to 245
305	305		engage in designated training activities, and (iv) carries photographic 246
306	306		identification indicating such employment and authorization, or (B) 247 Substitute Bill No. 5232
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313	313		volunteers for an organization that (i) trains service animals, and (ii) 248
314	314		authorizes volunteers to raise animals to become service animals. 249
315	315		[(a)] (b) Any [blind, deaf or mobility impaired] person with a 250
316	316		disability or any person training [a dog as a guide dog for a blind person 251
317	317		or an assistance dog to assist a deaf or mobility impaired person] an 252
318	318		animal as a service animal to assist a person with a disability may travel 253
319	319		on a train or on any other mode of public transportation, and may enter 254
320	320		any other place of public accommodation which caters or offers its 255
321	321		services or facilities or goods to the general public, including but not 256
322	322		limited to, any public building, inn, restaurant, hotel, motel, tourist 257
323	323		cabin, place of amusement, resort or any facility of any such public 258
324	324		accommodation, accompanied by such person's [guide dog or assistance 259
325	325		dog] service animal, and such person may keep such [dog] service 260
326	326		animal with him or her at all times in any such public accommodation 261
327	327		or facility thereof at no extra charge, provided such [dog] service animal 262
328	328		shall be in the direct custody and control of such person. [and shall be 263
329	329		wearing a harness or an orange-colored leash and collar.] 264
330	330		[(b)] (c) Any [blind, deaf or mobility impaired] person with a 265
331	331		disability or any person training [a dog as a guide dog for a blind person 266
332	332		or an assistance dog to assist a deaf or mobility impaired person] an 267
333	333		animal as a service animal for a person with a disability shall be entitled 268
334	334		to visit any place of public accommodation, resort or amusement or a 269
335	335		dwelling as a guest of a lawful occupant thereof, accompanied by such 270
336	336		person's [guide dog or assistance dog] service animal, and such person 271
337	337		may keep such [dog] service animal with him or her at all times in such 272
338	338		public accommodation, resort, amusement or dwelling at no extra 273
339	339		charge, provided such [dog] service animal shall be in the direct custody 274
340	340		and control of such person. [and shall be wearing a harness or an 275
341	341		orange-colored leash and collar.] No such [blind, deaf or mobility 276
342	342		impaired] person with a disability or person training [a dog as a guide 277
343	343		dog or an assistance dog] an animal as a service animal shall be charged 278
344	344		any fee not applicable alike to all guests, provided the owner of such 279
345	345		[dog] service animal shall be liable for any damage done to the premises 280 Substitute Bill No. 5232
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352	352		or facilities by such [dog] service animal. For the purposes of this 281
353	353		subsection, (1) a "place of public accommodation, resort or amusement" 282
354	354		means any establishment which caters or offers its services or facilities 283
355	355		or goods to the general public, including, but not limited to, any 284
356	356		commercial building lot, on which it is intended that a commercial 285
357	357		property or building will be constructed or offered for sale or rent, and 286
358	358		(2) "dwelling" means any building, structure, mobile manufactured 287
359	359		home park or portion thereof which is occupied as, or designed or 288
360	360		intended for occupancy as, a residence by one or more families, and any 289
361	361		vacant land which is offered for sale or lease for the construction or 290
362	362		location thereon of any such building, structure, mobile manufactured 291
363	363		home park or portion thereof, provided the provisions of this subsection 292
364	364		shall not apply to (A) the rental of a room or rooms in a single-family 293
365	365		dwelling unit, if the owner actually maintains and occupies part of such 294
366	366		living quarters as the owner's residence, or (B) a unit in a dwelling 295
367	367		containing living quarters occupied or intended to be occupied by no 296
368	368		more than two families living independently of each other, if the owner 297
369	369		actually maintains and occupies the other such living quarters as the 298
370	370		owner's residence. 299
371	371		[(c)] (d) Any person who intentionally interferes with [a blind, deaf 300
372	372		or mobility impaired person's use of a guide dog or an assistance dog] 301
373	373		the use of a service animal by a person with a disability, including, but 302
374	374		not limited to, any action intended to harass or annoy the [blind, deaf or 303
375	375		mobility impaired] person, the person training [a dog as a guide dog or 304
376	376		assistance dog or the guide dog or assistance dog] an animal as a service 305
377	377		animal, or who denies the rights afforded to a [blind, deaf or mobility 306
378	378		impaired] person with a disability or person training [a dog as a guide 307
379	379		dog or an assistance dog] an animal as a service animal under subsection 308
380	380		[(a) or] (b) or (c) of this section shall be guilty of a class C misdemeanor, 309
381	381		provided such [blind, deaf or mobility impaired] person with a 310
382	382		disability or person training [a dog as a guide dog or an assistance dog] 311
383	383		an animal as a service animal complies with the applicable provisions of 312
384	384		subsection [(a) or] (b) or (c) of this section. 313 Substitute Bill No. 5232
385	385
386	386
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389	389		11 of 15
390	390
391	391		[(d) For the purposes of this section, "guide dog" or "assistance dog" 314
392	392		includes a dog being trained as a guide dog or assistance dog and 315
393	393		"person training a dog as a guide dog for a blind person or an assistance 316
394	394		dog to assist a deaf or mobility impaired person" means a person who 317
395	395		is employed by and authorized to engage in designated training 318
396	396		activities by a guide dog organization or assistance dog organization 319
397	397		that complies with the criteria for membership in a professional 320
398	398		association of guide dog or assistance dog schools and who carries 321
399	399		photographic identification indicating such employment and 322
400	400		authorization, or a person who volunteers for a guide dog organization 323
401	401		or assistance dog organization that authorizes such volunteers to raise 324
402	402		dogs to become guide dogs or assistance dogs and causes the 325
403	403		identification of such dog with (1) identification tags, (2) ear tattoos, (3) 326
404	404		identifying bandanas on puppies, (4) identifying coats on adult dogs, or 327
405	405		(5) leashes and collars.] 328
406	406		Sec. 10. Subsection (a) of section 46a-64 of the general statutes is 329
407	407		repealed and the following is substituted in lieu thereof (Effective from 330
408	408		passage): 331
409	409		(a) It shall be a discriminatory practice in violation of this section: (1) 332
410	410		To deny any person within the jurisdiction of this state full and equal 333
411	411		accommodations in any place of public accommodation, resort or 334
412	412		amusement because of race, creed, color, national origin, ancestry, sex, 335
413	413		gender identity or expression, marital status, age, lawful source of 336
414	414		income, intellectual disability, mental disability, physical disability, 337
415	415		including, but not limited to, blindness or deafness, or status as a 338
416	416		veteran, of the applicant, subject only to the conditions and limitations 339
417	417		established by law and applicable alike to all persons; (2) to 340
418	418		discriminate, segregate or separate on account of race, creed, color, 341
419	419		national origin, ancestry, sex, gender identity or expression, marital 342
420	420		status, age, lawful source of income, intellectual disability, mental 343
421	421		disability, learning disability, physical disability, including, but not 344
422	422		limited to, blindness or deafness, or status as a veteran; (3) for a place of 345
423	423		public accommodation, resort or amusement to restrict or limit the right 346 Substitute Bill No. 5232
424	424
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428	428		12 of 15
429	429
430	430		of a mother to breast-feed her child; (4) for a place of public 347
431	431		accommodation, resort or amusement to [fail or refuse to post a notice, 348
432	432		in a conspicuous place, that any blind, deaf or mobility impaired person, 349
433	433		accompanied by his guide dog wearing a harness or an orange-colored 350
434	434		leash and collar, may enter such premises or facilities] refuse entry to a 351
435	435		person with a disability who is accompanied by a service animal; or (5) 352
436	436		to deny any [blind, deaf or mobility impaired] person with a disability 353
437	437		or any person training [a dog as a guide dog for a blind person or a dog 354
438	438		to assist a deaf or mobility impaired person] an animal as a service 355
439	439		animal to assist a person with a disability, accompanied by [his guide 356
440	440		dog or assistance dog] his or her service animal, full and equal access to 357
441	441		any place of public accommodation, resort or amusement. Any [blind, 358
442	442		deaf or mobility impaired] person with a disability or any person 359
443	443		training [a dog as a guide dog for a blind person or a dog to assist a deaf 360
444	444		or mobility impaired person] an animal as a service animal to assist a 361
445	445		person with a disability may keep his [guide dog or assistance dog with 362
446	446		him] or her service animal with him or her at all times in such place of 363
447	447		public accommodation, resort or amusement at no extra charge, 364
448	448		provided [the dog wears a harness or an orange-colored leash and collar 365
449	449		and] such service animal is in the direct custody and control of such 366
450	450		person. [The blind, deaf or mobility impaired person or person training 367
451	451		a dog as a guide dog for a blind person or a dog to assist a deaf or 368
452	452		mobility impaired person shall be liable for any damage done to the 369
453	453		premises or facilities by his dog. For purposes of this subdivision, "guide 370
454	454		dog" or "assistance dog" includes a dog being trained as a guide dog or 371
455	455		assistance dog and "person training a dog as a guide dog for a blind 372
456	456		person or a dog to assist a deaf or mobility impaired person" means a 373
457	457		person who is employed by and authorized to engage in designated 374
458	458		training activities by a guide dog organization or assistance dog 375
459	459		organization that complies with the criteria for membership in a 376
460	460		professional association of guide dog or assistance dog schools and who 377
461	461		carries photographic identification indicating such employment and 378
462	462		authorization.] When it is not obvious what service an animal provides, 379
463	463		staff of a public accommodation, resort or amusement may inquire of 380
464	464		the owner or keeper whether such animal is a service animal required 381 Substitute Bill No. 5232
465	465
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469	469		13 of 15
470	470
471	471		because of a disability and what work or task the animal has been 382
472	472		trained to perform. Nothing in this subsection shall preclude a business 383
473	473		owner's ability to recover for damage caused to a person or property by 384
474	474		a service animal. 385
475	475		Sec. 11. Section 52-175a of the general statutes is repealed and the 386
476	476		following is substituted in lieu thereof (Effective from passage): 387
477	477		The failure of a blind person to use a [guide dog] service animal or to 388
478	478		carry a cane or walking stick which is predominantly white or metallic 389
479	479		in color, with or without red tip, shall not be construed as evidence of 390
480	480		comparative or contributory negligence in any negligence action. For 391
481	481		purposes of this section, "service animal" has the same meaning as 392
482	482		provided in 28 CFR 35.104, as amended from time to time, and includes 393
483	483		a service animal in training. 394
484	484		Sec. 12. Section 54-201 of the general statutes is repealed and the 395
485	485		following is substituted in lieu thereof (Effective from passage): 396
486	486		As used in sections 54-201 to 54-235, inclusive: 397
487	487		(1) "Victim" means a person who is injured or killed as provided in 398
488	488		section 54-209; 399
489	489		(2) "Personal injury" means (A) actual bodily harm or emotional harm 400
490	490		and includes pregnancy and any condition thereof, or (B) injury or death 401
491	491		to a service animal, as defined in 28 CFR 35.104, as amended from time 402
492	492		to time, owned or kept by a person with a disability; 403
493	493		(3) "Dependent" means any relative of a deceased victim or a person 404
494	494		designated by a deceased victim in accordance with section 1-56r who 405
495	495		was wholly or partially dependent upon his income at the time of his 406
496	496		death or the child of a deceased victim and shall include the child of 407
497	497		such victim born after his death; 408
498	498		(4) "Relative" means a person's spouse, parent, grandparent, 409
499	499		stepparent, aunt, uncle, niece, nephew, child, including a natural born 410 Substitute Bill No. 5232
500	500
501	501
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504	504		14 of 15
505	505
506	506		child, stepchild and adopted child, grandchild, brother, sister, half 411
507	507		brother or half sister or a parent of a person's spouse; 412
508	508		(5) "Crime" means any act which is a felony, as defined in section 53a-413
509	509		25, or misdemeanor, as defined in section 53a-26, and includes any crime 414
510	510		committed by a juvenile; and 415
511	511		(6) "Emotional harm" means a mental or emotional impairment that 416
512	512		requires treatment through services and that is directly attributable to a 417
513	513		threat of (A) physical injury, as defined in subdivision (3) of section 53a-418
514	514		3, or (B) death to the affected person. 419
515	515		Sec. 13. (NEW) (Effective from passage) The Commission on Human 420
516	516		Rights and Opportunities, within available appropriations, shall make 421
517	517		available on its Internet web site links to educational materials on (1) the 422
518	518		differences between service animals, emotional support animals and 423
519	519		therapy animals, (2) the rights and responsibilities of an owner of each 424
520	520		such animal under state and federal law, and (3) permissible methods 425
521	521		under state and federal law for an owner of a place of public 426
522	522		accommodation, resort or amusement, as defined in section 46a-63 of 427
523	523		the general statutes, or a landlord to determine whether an animal is a 428
524	524		service animal, emotional support animal or therapy animal. For 429
525	525		purposes of this section, "service animal" has the same meaning as 430
526	526		provided in 28 CFR 35.104, as amended from time to time, and includes 431
527	527		a service animal in training. 432
528	528		Sec. 14. Section 46a-42 of the general statutes is repealed. (Effective 433
529	529		from passage) 434
530	530		This act shall take effect as follows and shall amend the following
531	531		sections:
532	532
533	533		Section 1 from passage 5-247b
534	534		Sec. 2 from passage New section
535	535		Sec. 3 from passage 13b-119(f)
536	536		Sec. 4 from passage 14-300
537	537		Sec. 5 from passage 22-345 Substitute Bill No. 5232
538	538
539	539
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542	542		15 of 15
543	543
544	544		Sec. 6 from passage 22-357(a)(3)
545	545		Sec. 7 from passage 22-358(c)
546	546		Sec. 8 from passage 22-364b
547	547		Sec. 9 from passage 46a-44
548	548		Sec. 10 from passage 46a-64(a)
549	549		Sec. 11 from passage 52-175a
550	550		Sec. 12 from passage 54-201
551	551		Sec. 13 from passage New section
552	552		Sec. 14 from passage Repealer section
553	553
554	554		HS Joint Favorable Subst.
555		-	JUD Joint Favorable
556	555