Substitute House Bill No. 5559
          Substitute House Bill No. 5559

              PUBLIC ACT NO. 97-141


AN ACT CONCERNING GUIDE DOGS-IN-TRAINING.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1.  Section  46a-44  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  Any  blind,  deaf  or  mobility  impaired
person OR ANY PERSON TRAINING A DOG AS A GUIDE DOG
FOR A BLIND  PERSON  OR  A DOG TO ASSIST A DEAF OR
MOBILITY IMPAIRED PERSON  may travel on a train or
on any other  mode  of  public transportation, and
may enter any  other place of public accommodation
which caters or  offers its services or facilities
or goods to  the general public, including but not
limited to, any  public building, inn, restaurant,
hotel, motel, tourist  cabin,  place of amusement,
resort  or  any   facility   of  any  such  public
accommodation, accompanied by  his  guide  dog  OR
ASSISTANCE DOG, and  he  may keep such [guide] dog
with  him  at   all   times  in  any  such  public
accommodation  or facility  thereof  at  no  extra
charge, provided such  dog  shall be in the direct
custody of such [blind, deaf or mobility impaired]
person  and shall  be  wearing  a  harness  or  an
orange-colored leash and collar.
    (b)  Any  blind,  deaf  or  mobility  impaired
person OR ANY PERSON TRAINING A DOG AS A GUIDE DOG
FOR A BLIND  PERSON  OR  A DOG TO ASSIST A DEAF OR
MOBILITY  IMPAIRED PERSON  shall  be  entitled  to
visit any place of public accommodation, resort or
amusement or a  dwelling  as  a  guest of a lawful
occupant thereof, accompanied  by his guide dog OR
ASSISTANCE DOG, and  he  may keep such [guide] dog
with   him   at   all   times   in   such   public
accommodation, resort, amusement or dwelling at no
extra charge, provided  such  dog  shall be in the
direct custody of  such  [blind,  deaf or mobility
impaired] person and shall be wearing a harness or
an orange-colored leash and collar. No such blind,
deaf  or  mobility   impaired   person  OR  PERSON
TRAINING A DOG  AS  A GUIDE DOG FOR A BLIND PERSON
OR A DOG  TO  ASSIST  A  DEAF OR MOBILITY IMPAIRED
PERSON shall be  charged  any  fee  not applicable
alike to all guests, provided [such blind, deaf or
mobility impaired person]  THE  OWNER  OF SUCH DOG
shall  be  liable  for  any  damage  done  to  the
premises or facilities  by [his] SUCH dog. For the
purposes  of this  subsection,  (1)  a  "place  of
public accommodation, resort  or  amusement" means
any  establishment  which  caters  or  offers  its
services or facilities  or  goods  to  the general
public,  including,  but   not   limited  to,  any
commercial building lot,  on  which it is intended
that a commercial  property  or  building  will be
constructed or offered  for  sale or rent, and (2)
"dwelling" means any  building,  structure, mobile
manufactured home park or portion thereof which is
occupied as, or designed or intended for occupancy
as, a residence  by  one or more families, and any
vacant land which is offered for sale or lease for
the construction or  location  thereon of any such
building, structure, mobile manufactured home park
or portion thereof,  provided  the  provisions  of
this subsection shall  not apply to (A) the rental
of a room  or  rooms  in  a single-family dwelling
unit if the  owner actually maintains and occupies
part of such  living  quarters as his residence or
(B)  a  unit   in  a  dwelling  containing  living
quarters occupied or intended to be occupied by no
more than two  families  living  independently  of
each other, if  the  owner  actually maintains and
occupies the other  such  living  quarters  as his
residence.
    (c) Any person  who denies the rights afforded
to blind, deaf  or  mobility  impaired  persons OR
PERSONS TRAINING A  DOG AS A GUIDE DOG FOR A BLIND
PERSON OR A  DOG  TO  ASSIST  A  DEAF  OR MOBILITY
IMPAIRED PERSON under  subsections  (a) and (b) OF
THIS  SECTION  shall   be  guilty  of  a  class  C
misdemeanor, provided such blind, deaf or mobility
impaired person OR  PERSON  TRAINING  A  DOG  AS A
GUIDE DOG FOR  A BLIND PERSON OR A DOG TO ASSIST A
DEAF OR MOBILITY IMPAIRED PERSON complies with the
applicable provisions of  subsection (a) or (b) OF
THIS SECTION.
    (d) FOR PURPOSES  OF THIS SECTION, "GUIDE DOG"
OR "ASSISTANCE DOG"  INCLUDES  A DOG BEING TRAINED
AS A GUIDE  DOG  OR  ASSISTANCE  DOG  AND  "PERSON
TRAINING A DOG  AS  A GUIDE DOG FOR A BLIND PERSON
OR A DOG  TO  ASSIST  A  DEAF OR MOBILITY IMPAIRED
PERSON" MEANS A  PERSON  WHO  IS  EMPLOYED  BY AND
AUTHORIZED  TO  ENGAGE   IN   DESIGNATED  TRAINING
ACTIVITIES  BY  A   GUIDE   DOG   ORGANIZATION  OR
ASSISTANCE DOG ORGANIZATION THAT COMPLIES WITH THE
CRITERIA   FOR  MEMBERSHIP   IN   A   PROFESSIONAL
ASSOCIATION OF GUIDE DOG OR ASSISTANCE DOG SCHOOLS
AND   WHO  CARRIES   PHOTOGRAPHIC   IDENTIFICATION
INDICATING SUCH EMPLOYMENT AND AUTHORIZATION.
    Sec. 2. Section 46a-64 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) It shall  be  a discriminatory practice in
violation of this  section: (1) To deny any person
within the jurisdiction  of  this  state  full and
equal  accommodations  in   any  place  of  public
accommodation,  resort  or  amusement  because  of
race,  creed, color,  national  origin,  ancestry,
sex, marital status, age, lawful source of income,
mental retardation, mental  disability or physical
disability,  including,  but   not   limited   to,
blindness or deafness  of  the  applicant, subject
only to the conditions and limitations established
by law and applicable alike to all persons; (2) to
discriminate, segregate or  separate on account of
race,  creed, color,  national  origin,  ancestry,
sex, marital status, age, lawful source of income,
mental  retardation, mental  disability,  learning
disability or physical  disability, including, but
not limited to,  blindness  or deafness; (3) for a
place of public accommodation, resort or amusement
to  fail  or   refuse  to  post  a  notice,  in  a
conspicuous  place,  that   any   blind,  deaf  or
mobility impaired person, accompanied by his guide
dog wearing a  harness  or an orange-colored leash
and collar, may enter such premises or facilities;
or  (4)  to  deny  any  blind,  deaf  or  mobility
impaired person OR  ANY PERSON TRAINING A DOG AS A
GUIDE DOG FOR  A BLIND PERSON OR A DOG TO ASSIST A
DEAF OR MOBILITY  IMPAIRED  PERSON, accompanied by
his guide dog  OR  ASSISTANCE  DOG, full and equal
access  to  any  place  of  public  accommodation,
resort or amusement.  Any  blind, deaf or mobility
impaired person OR  ANY PERSON TRAINING A DOG AS A
GUIDE DOG FOR  A BLIND PERSON OR A DOG TO ASSIST A
DEAF OR MOBILITY  IMPAIRED  PERSON  may  keep  his
guide dog OR  ASSISTANCE DOG with him at all times
in such place  of  public accommodation, resort or
amusement at no  extra  charge,  provided  the dog
wears a harness  or  an  orange-colored  leash and
collar and is in the direct custody of [the blind,
deaf or mobility impaired] SUCH person. The blind,
deaf  or  mobility   impaired   person  OR  PERSON
TRAINING A DOG  AS  A GUIDE DOG FOR A BLIND PERSON
OR A DOG  TO  ASSIST  A  DEAF OR MOBILITY IMPAIRED
PERSON shall be  liable for any damage done to the
premises or facilities by his dog. FOR PURPOSES OF
THIS SUBDIVISION, "GUIDE  DOG" OR "ASSISTANCE DOG"
INCLUDES A DOG  BEING  TRAINED  AS  A GUIDE DOG OR
ASSISTANCE DOG AND  "PERSON  TRAINING  A  DOG AS A
GUIDE DOG FOR  A BLIND PERSON OR A DOG TO ASSIST A
DEAF OR MOBILITY  IMPAIRED  PERSON" MEANS A PERSON
WHO IS EMPLOYED  BY  AND  AUTHORIZED  TO ENGAGE IN
DESIGNATED  TRAINING ACTIVITIES  BY  A  GUIDE  DOG
ORGANIZATION OR ASSISTANCE  DOG  ORGANIZATION THAT
COMPLIES WITH THE  CRITERIA  FOR  MEMBERSHIP  IN A
PROFESSIONAL   ASSOCIATION   OF   GUIDE   DOG   OR
ASSISTANCE   DOG   SCHOOLS    AND    WHO   CARRIES
PHOTOGRAPHIC   IDENTIFICATION   INDICATING    SUCH
EMPLOYMENT AND AUTHORIZATION.
    (b) (1) The  provisions  of  this section with
respect to the  prohibition  of sex discrimination
shall not apply  to  (A)  the  rental  of sleeping
accommodations   provided  by   associations   and
organizations  which  rent   all   such   sleeping
accommodations on a  temporary  or permanent basis
for the exclusive  use  of persons of the same sex
or (B) separate bathrooms or locker rooms based on
sex.  (2) The  provisions  of  this  section  with
respect to the  prohibition  of  discrimination on
the basis of  age  shall not apply to minors or to
special  discount  or   other  public  or  private
programs to assist  persons sixty years of age and
older. (3) The  provisions  of  this  section with
respect to the  prohibition  of  discrimination on
the basis of physical disability shall not require
any person to  modify  his  property in any way or
provide a higher  degree  of care for a physically
disabled person, including,  but  not  limited  to
blind or deaf  persons,  than  for  a  person  not
physically disabled. (4)  The  provisions  of this
section  with  respect   to   the  prohibition  of
discrimination on the  basis  of  creed  shall not
apply to the  practice  of  granting preference in
admission of residents  into  a  nursing  home  as
defined in section  19a-490,  if  (A)  the nursing
home is owned,  operated  by  or affiliated with a
religious organization, exempt  from  taxation for
federal income tax  purposes  and (B) the class of
persons  granted  preference   in   admission   is
consistent  with  the  religious  mission  of  the
nursing home. (5)  The  provisions of this section
with respect to  the prohibition of discrimination
on the basis  of lawful source of income shall not
prohibit   the   denial    of   full   and   equal
accommodations solely on the basis of insufficient
income.
    (c) Any person  who  violates any provision of
this  section  shall   be   fined  not  less  than
twenty-five nor more  than  one hundred dollars or
imprisoned not more than thirty days or both.

Approved June 13, 1997