[nagdu] Fw: Puerto Rico Guide Dog Law

Wed Sep 1 18:38:14 UTC 2010

Yes, it was atached.  I'll cut and paste it below.  The formatting will be 
awful but the text should be fine.

Julie
***
Blind People-Seeing-Eye Dogs (S.B. 525)

[No. 51]

[Approved May 29, 1970]

AN ACT

To establish the right of every blind person to use any public 
transportation means accompanied by their seeing-eye dog and when so 
accompanied to be admitted to any establishment or public place and to use 
its facilities without an additional payment being required for being 
accompanied by said seeing-eye dog and to fix penalties.

STATEMENT OF MOTIVES

In Puerto Rico there is an increasing number of blind residents and 
sightless visitors who use their seeing-eye dogs to move from one place to 
another thus not depending on a relative, friend or employee. Those who do 
not own any means of transportation are deprived from using public vehicles 
authorized to transport passengers because many buses and taxicab drivers 
refuse to convey passengers accompanied by dogs. Very often they are also 
forbidden to enter establishments and public places and lodging in hotels, 
motels, and other hostelries.

It is our civic and moral duty to look after those who are not able to see 
their surrounding world, but who have as much right as In

the citizens who are not blind to travel and lead useful and independent 
lives. To compensate their lack of sight, the blind need their seeing-eye 
dogs. These dogs are so well trained that they can stand next to their 
owners in -an autobus, automobile or public restaurant in such a way as to 
occupy a minimum amount of space without annoying the person occupying the 
next seat.

To refuse these citizens the use of our means of public transportation and 
our lodging and recreation facilities is to be devoid of charity. Likewise, 
it would be unfair to make them pay for the single fact of entering these 
places accompanied by their seeing-eye dogs, though the latter do not incur 
in food or other expenses.

Be it enacted by the Legislature of Puerto Rico:

Section 1.-

Any blind person duly registered in the Register of the Blind kept by the 
Department of Social Services of the Commonwealth, or any foreigner who 
possesses appropriate documents crediting his sightless condition, signed by 
the person with authority to issue it in his country, is hereby authorized 
to travel accompanied by his seeing-eye dog in any train, taxi, launch, 
autobus or any other means of public transportation, and to enter so 
accompanied any cafeteria, hotel, motel, restaurant, tourist cabin, local 
building, park, bathing resort or public establishment, elevator or any 
other

.0-144--,        4-- 4.1-       --A 4-- -1-1, 4-1- M-A           -1,4-

have access had he -not been accompanied by his seeing-eye dog, without any 
additional payment being required for such dog.

Said blind person may keep at his side his seeing-eye dog during the entire 
time he remains in any of the places or public vehicles above-mentioned 
provided the said animal is under his immediate custody, has a harness and 
is duly muzzled.

Section 2.-

Upon entering into any of the places or vehicles above-mentioned the blind 
person must have in his possession appropriate records of a school 
recognized by the Department of Social Services of the Commonwealth of 
Puerto Rico for the training of seeing-eye dogs, crediting that the animal 
is duly trained and does not constitute a hazard to the general public and 
shall present it for examination upon being requested by the owner or keeper 
of the vehicle, business, park or establishment.

He must also have a health certificate issued by a veterinarian authorized 
to practice his profession in Puerto Rico or by the competent authorities of 
the place where the seeing-eye dog was obtained, setting forth that the 
animal is not suffering from any contagious disease. Said certificate shall 
be valid for a term of one (1) year and shall be renewed upon the expiration 
of said term. If the seeing-eye dog does not meet the health requirements 
set forth, the blind person accompanied by a dog, shall not be covered by 
the benefits of this act.

Section 3.-

Any one who hinders a blind person      from the rights provided herein, 
shall be guilty of a misdemeanor and upon conviction thereof, punished by a 
fine of not more than one hundred (100) dollars or imprisonment for a 
maximum term of thirty (30) days.

Section 4.-

Any law which forbids the admission of persons accompanied by dogs to 
places, establishments or vehicles of public use, shall not apply to blind 
persons accompanied by seeing-eye dogs duly accredited as such in accordance 
with section 2 hereof.

Section 5.-This act shall take effect immediately after its approval.

Approved May 29,1970.

December 21                                           Act No. 141

Persons with Disabilities-Animal Helpers; Amendment

(S.B. 440)

(Conference)

[No. 141]

[Approved December 21, 1994]

AN ACT

To amend Sections 1, 2, 3, and 4 of Act No. 51 of May 29, 1970, as amended, 
in order to extend the protection provided therein for persons with 
disabilities and their animal helpers, and to modify the penalty.

STATEMENT OF MOTIVES

The attainment of self-sufficiency in carrying out life's main activities is 
one of the goals of persons with certain disabilities. Some of them achieve 
this goal through the use of modern, high-technology devices. Others resort 
to the dog, man's best friend, as well as to other animal helpers.

During the past few years, the use of animals to assist persons with 
disabilities ceased to be an exclusive practice of the blind; and nowadays, 
animals are used by individuals with other disabilities. Today, the hearing 
impaired, people with certain emotional disorders, as well as paraplegics, 
or quadriplegics turn to this loyal friend to achieve a greater independence 
and integrate fully to our society.

This is a reality from which the Government of the Commonwealth of Puerto 
Rico cannot withdraw. On the contrary, we should foster and protect it in 
order for more and more persons with disabilities who use animal helpers for 
assistance to be able to enjoy the same activities that persons who do not 
[use] these helpers enjoy. It is the unavoidable duty of all of us to 
propitiate free access to premises, structures, and means of transportation, 
in order to make them available to persons with disabilities.

1271

Act No. 141                                      December 21

Be it enacted by the Legislature of Puerto Rico:

Section L-Sections 1, 2, 3, and 4 of Act No. 51 of May 29,

1970, as amended [8 L.P.R.A. §§ 201-204], are hereby amended to read as 
follows:

"Section L-Any person with a disabihty who is accompanied by a duly trained 
animal helper, authorized by a competent Authority, is hereby authorized to 
travel in any train, launch, bus, taxi, public car, or any other means of 
transportation. Said person is also authorized to enter any cafeteria, 
hotel, motel, restaurant, hospital, tourist cabin, building, establishment, 
and park, as well as recreational, sports, and artistic performance 
facilities, or bathing resort, public establishments, or any other 
facilities available to the pubhc accompanied by said animal. Said person 
with a disability shall not be required to pay any additional sum to enter 
his/her animal into said establishments.

The person with a disability may keep his/her animal helper by his side 
during the entire time he/she remains in any of the public places or 
vehicles mentioned above, provided said animal is under his immediate 
custody and is duly identified.

Section 2.-For the purposes of this Act, an animal helper shall mean any 
animal that has been trained to accompany and aid a person with hearing, 
visual, or mobility disability, or a disability of any other kind, which is 
certified as an animal helper by a trainer quahfied therefor, and said 
training may be proven by a card, document, or tag on the animal's collar.

In those cases that the animal is not wearing a tag which duly identifies it 
as a trained animal, the person with disabilities shall have in his 
possession and offer for examination at the request of the owner or person 
in charge of the vehicle, business, park, site, or establishment, the card 
or document which shall be issued, as well as the tag, by a recognized 
training school for animal helpers, accrediting the fact that the animal is 
duly trained and does not constitute any danger whatsoever to the general 
public.

The animal shall also have a health certificate issued by a veterinarian 
licensed to practice the profession in Puerto Rico,

1272

December 21                                         Act No. 141

or by the competent authorities of the country of origin of the animal 
helper, to the effect that it does not suffer from any contagious disease 
whatsoever. Said certificate shall be valid for the term of one (1) year and 
shall be renewed upon expiration of the said term. If the animal helper does 
not meet said health requirement, the person with disabilities cannot avail 
him/herself of the benefits of this Act.

Section 3.-Any person who hinders a person with disabilities from enjoying 
the rights provided in this Act, shall be guilty of a misdemeanor, and upon 
conviction thereof, shall be punished by a fine which shall not exceed one 
hundred (100) dollars, or imprisonment for a maximum term of thirty (30) 
days, or both penalties, at the discretion of the Court. For each subsequent 
violation, said person shall be punished by a fine of not less than two 
hundred (200) dollars, or imprisonment for a maximum term of sixty (60) 
days, or both penalties, at the discretion of the Court.

Any person who uses force or violence in order to prevent a person with 
disabilities accompanied by his/her animal helper from entering a public 
place or a means of public transportation, and injures the person with 
disablities, shall be guilty of a felony and shall be punished by 
imprisonment for a fixed term of three (3) years.

If there are aggravating circumstances, the fixed penalty established herein 
may be increased to a maximum of five (5) years; if there are extenuating 
circumstances, it may be reduced to a maximum of two (2) years. In addition 
thereto, the Court may impose the penalty of restitution, as established in 
Article 49A of the Penal Code.

Section 4.-Any law which forbids the admission of persons accompanied by 
animals to public places, establishments, or vehicles, shall not apply to 
persons with disabilities who are accompanied by their animal helpers that 
are duly accredited as such in accordance with Section 2 of this Act."

1273

Act No. 142                                  December 21

F.                 Section 2.-This Act shall take effect immediately after 
its approval.

Approved December 21, 1994.